Council Minutes

Minutes/Committee of the Whole
Monday, June 27, 2005 – 7:00 p.m. (following JDA Meeting)
The city council met as the Committee of the Whole on Monday, June 27, 2005 at 7:00 p.m. in the council chambers in City Hall with Vice President Hamerlik presiding. Present at roll call were: Council Members Brooks, Hamerlik, Christensen, Kerian, Kreun - 5; absent: Glassheim, Gershman – 2.

Vice President Hamerlik announced that when addressing the committee to please come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast.

Vice President Hamerlik commented on various events held during the past week and upcoming events:

Stated that on behalf of Mayor Brown and Council President Gershman, both of whom were unable to be here tonight, he wanted to express thanks to the community members, cities and farm residents in the region, staff and organizers of the BRAC rally that was held this past Thursday. He also expressed appreciation to the many hours professional staff and the Congressional Delegation and Governors or both North Dakota and Minnesota had put into preparing for this hearing and supporting the base. He thanked John Marshall, who has worked tirelessly in support of the base for a number of years and is tonight being honored at the Base with a special recognition ceremony.

Informed the public that mosquito ground spraying is planned for tonight and that there will also be a major aerial spraying by an Air Force plane for later in the week.

Congratulated ARC on their 50th anniversary of providing dedicated services to those in our community.

Stated that the Wednesday Mayor Council Budget working session scheduled for 5:00 p.m. this week will not be held.

2.1 Resolution calling General Obligation Tax Increment Bonds, Series 1994C.
No Comment.

2.2 The Comprehensive Annual Financial Report of the City of Grand Forks for the year ended December 31, 2004, and the Independent Auditor’s Report.

Christensen commented that as is the normal practice, at Monday’s Council Meeting the comprehensive annual financial report will be referred to the Finance Development Committee, which serves as the Audit Committee, to hear a full report, and then will be moved back to the Council for approval.

2.3 Plans and Specifications for Project No. 5818, District No. 286, watermain for 44th Avenue South between South Washington and South 16th Street.
No Comments.

2.4 Plans and Specifications for Project No. 5819, District No. 439, storm sewer for 44th Avenue South between South Washington and Southend Drainway.
No Comments.

2.5 Plans and Specifications for Project No. 5820, District No. 616, paving 44th Avenue South from South Washington to South 16th Street

Kerian inquired as to the timeline for this project as well as Projects 5818 and 5819, as per the staff report, the bids are set to be opened on July 25 and the protest period expires July 30 and wondered if there were any comments to be made on these projects.

Al Grasser, City Engineer, stated that the dates set are the standard timeframe that is used in this type of projects. He stated that the area affected is already in the process of development and the developers on both sides of the road are aware of the projects and the estimated costs. Brooks inquired whether authorization to bid these projects was also part of the action for these items. Grasser stated that had been done at a prior meeting.

2.6 Plans and Specifications for Project No. 5774, trunk sanitary sewer along 40th Avenue South from South 20th Street to South Washington Street
No Comments.

2.7 Change Order #1 for Project No. 5656, watermain – 300 block of 55th Avenue South, approx. 200 ft. east of Chestnut Street to Belmont Road
No Comments.

2.8 Central Business District Housing Task Force

Greg Hoover, Director of Urban Development, gave a brief overview of the background of this item. He continued that the consensus that has been arrived at is that there should be a mix of residential and commercial in the downtown, but that the core business district should should be preserved for commercial development. He added that it is also a consensus that owner occupied units should be allowed in the downtown, as well as the currently allowed apartment dwellings and that both types of units should be allowed on all floors, with a few exceptions. He drew attention to the map that was distributed on Council desks and described the area that has been determined to be the core business district which would exclude main level housing as any property that fronts one 3rd or 4th Street from University Avenue to Kittson Avenue and on DeMers Avenue from the bridge to 5th Street; and that main level housing would be allowed in the B4 district on all properties than those excluded with the further exception of the buildings on the corner

Howard Swanson, City Attorney, stated that it may be more clean to just define the boundary lines than to try and deal with frontages and inquired if there was a particular reason why we would want to allow housing on any of the unidentified cross streets. The group discussed that there was a strong desire to preserve the core central business district, which the group felt is the area that fronts on 3rd and 4th Streets and on DeMers, while allowing housing in as much of the other buildings in this area as possible and keeping in mind that they would not want to make a change that would not affect any current uses for buildings in the area. Christensen reiterated that his opinion is that can be best accomplished by changing the permitted uses in B4 on the identified streets, rather than going through a rezoning process. Swanson reiterated that he would recommend not using this approach unless a rational basis for distinction could be given for why the specified areas should be treated differently than those right around the corner and the best way would be to not single out any lots, but treat the entire district the same. Swanson continued that on the Council desks he had provided drafts of six options for ordinances that could be used to accomplish what the group was requesting, with Draft #2 being the closest to matching the desires of the Council, with only minor changes.

The group discussed a variety of options that could be used including setbacks, which were not desired as with legal accessibility issues and some of the buildings in the area being of a smaller square footage they would not provide any workable space. The group also discussed whether appropriate wording should be “to” the identified streets or “through” the identified streets, thereby creating the effect that was desired.

Christensen stated that the Committee will review this item one more time, with the same objective of preserving what is viewed as the core business district, while still allowing both owner occupied and apartment dwellings on the main floor in all but the core area of B4. He expressed that he was confident that staff and Council could get together and come up with some wording that will meet those needs.

Kreun stated that he wanted to thank the Committee for the time that they have taken to try and come up with a solution. He added that he would like to also suggest that staff and the committee consider whether merely adding one word to the existing definition of uses in B4 could also accomplish what we want, that word being “owner-occupied” or “single family” where the apartment dwelling use is listed.

Brooks commented that he also appreciated that work that the committee has done in trying to come up with a solution. He continued that he is very much in favor of seeing as much development come downtown as we can have and that this should be viewed as an evolutionary process with change being anticipated along the way, keeping in mind that the key thing to accomplish is getting people here.

Christensen stated that the committee will meet and again discuss this next week and stressed to staff that he would like to see a draft ordinance be July 5, with the committee meeting on July 6 to further discuss it and then have a final ordinance for passage no later that July 18.

3.1 Project No. 5849, 2006 TW Shared Use Path – North 55th Street and University Avenue
No Comments.

Citizen Requests
There were none.

Administrative Coordinator Comments
There were none.

Mayor and Council Member Comments

1) Council Member Kerian commented that over the weekend she was in the Minneapolis area and noticed some marketing material that said “Done Smokin’, But Still Hot – Minneapolis”. She encouraged those who still had concerns regarding the effect that the smoking ban to consider this and maybe explore how the implementation has gone there.

2) Council Member Christensen thanked the Smoking Coalition for the letter of appreciation that they received. He also thanked Howard Swanson for his work in getting all of the items that Council determined should be included turned into the final ordinance that was passed. He commented that he was extremely happy to see the Ordinance pass unanimously.

3) Council Member Christensen requested an update on the status of the material dealing with rates and franchises for the taxis, including Senior Citizen and Dial-A-Ride services. He requested that staff work hard to provide this to Council in July so that it could be discussed and finalized now during the summer.

4) Council Member Christensen commented that he would like to see any additional requests be included in the Mayor’s budget as soon as possible and further, that he would like to see the Council receive these in a timely manner, meaning well before September and hopefully no later that August 15, so that Council could have an opportunity to review them. He clarified that by additional requests he was referring to any new items that are not currently included in the 2006 budget and have not received line item inclusion in the budget in the past.

5) Council Member Christensen commented that he continues to see major arterials being proposed and has a concern as it still has not been decided how to fund the 20% local share. He continued that this item has been discussed over the last 18 months, but has still not been resolved and he would like to see this considered as part of the budget process, hopefully at the next Mayor Council Work Session.

Stjern commented that for the Council’s information, the Mayor’s 2006 Budge will be distributed to the Council on Friday.

6) Council Member Brooks commented that he has attended Oslo’s Centennial Celebration and Tabor Czech Days over the last week and that both had been fantastic. He encouraged citizens to venture out to some of the smaller communities and experience what they put on. He also stated that Alvarado will be hosting a celebration this coming weekend and encouraged people to attend.

7) Council Member Brooks commented that on Sunday he attended the graduation of the West Point cadets from the UND training program that they have been participating in. He commented on the great facility and the high caliber of students and teachers that make it up and commended the cadets who come from all over to participate in this program, including one whose hometown was East Grand Forks.

8) Council Member Brooks requested that Chief Packett, acting Administrative Coordinator, pass on to Mr. Duquette that the dates lined out for the Canad Inn construction is fast approaching and that some action needs to be seen or some consideration needs to be given to soliciting others for this development.

Adjournment

Council Member Kerian made a motion, seconded by Brooks, to adjourn the meeting. Aye: all. Motion Carried.

Respectfully Submitted,


John M. Schmisek
City Auditor