Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 5, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, July 5, 2005 at the hour of 7:10 o’clock p.m. because of technical difficulties with Vice President Hamerlik presiding. Present at roll call were Council Members Brooks, Glassheim, Gershman (teleconference), Christensen, Kerian, Kreun, Hamerlik - 7; absent: none. Mayor Brown was also on teleconference.
Girl Scout Troop 880, Abi Buening, scout leader, led the city council in the pledge of allegiance to the flag.
Vice President Hamerlik announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Vice President Hamerlik commented on various events during the past week and upcoming events:
He noted that there will be mosquito spraying this evening, by the Air Force.
Thank you to Sertoma for the event on the 4th of July, fireworks, vendors and organizers did wonderful job.
He called on Greg Hoover to make a special award. Mr. Hoover reported that last week he and Council Member Kreun were in Washington, D.C. to accept the Robert L. Woodson, Jr. Award on behalf of the City of Grand Forks; Alphonso Jackson, Secretary of the Department of Housing and Urban Development, presented the inaugural award which is named in memory of HUD's chief of staff who was a proponent of empowering local governments to make strides toward affordable housing. Grand Forks was among 14 communities recognized for reducing barriers to affordable housing. Secretary Jackson stated during the ceremony that the award recipients serve as models for other communities seeking to eliminate regulatory barriers and encourage affordable housing. Since Council Member Kreun was instrumental in working with affordable housing it was fitting that he attend last week's ceremony as an elected official for the City of Grand Forks, and presented Council Member Kreun the first annual Robert L. Woodson, Jr. Award on behalf of the City of Grand Forks.
MONTHLY FLOOD PRTECTION PROJECT UPDATE
Al Grasser, city engineer, stated that June was not a friendly construction month due to rains and have seen some impacts in the construction schedule and impact on the ability of the contractor to do maintenance activities in landscaping, etc. He reported the river rose to 41 ft. in June, impressive flood, and would have caused many problems in the past and did pass as a quiet event but lot of efforts from the contractors, Corps, and staff from public works and engineering to help make it a non-event. He also reported that the Corps is on schedule to bid Phase IV, July 15, and that should be critical link for the Corps to get final project costs, probably 4 to 6 weeks following the bid opening to get estimate from the Corps. An informational greenway update report was also submitted. A short video was shown.
ADOPT ORDINANCE NO. 4069, RELATING TO SALE
OF CITY PROPERTY
An ordinance entitled "An ordinance amending Section 2-0402 of the Grand Forks City Code relating to the sale of city property", which had been introduced and passed on its first reading on June 20, 2005, was presented and read for consideration on second reading and final passage.
Vice President Hamerlik called for a public hearing on the ordinance.
Ross Wieler, 701 North 3rd Street, stated he was concerned about precedence set by this ordinance, since the flood there has been significant rise in feelings of distrust and dissatisfaction with the invisibility and doings of government, local and otherwise, and passing of this ordinance may be giving the impression that not only don't care what the citizens think and that don't want to be accountable to them for the actions of council and government. It is imperative to keep Grand Forks city business visible and accessible to all citizens, that if project worthwhile and worth taking time to do it properly, let the developers pay for the land with the proceeds from the sale of public land toward the completion of the dike, and let the market determine the value of the land and its disposition.
Council Member Kerian stated that there are six other cases in which the City may convey property in this manner that are listed in the Code and it does take five members of the city council out of seven to do this and as elected officials responsible to the citizenry use that authority as needed to accomplish some goals of the city, and discussion re. use of this property downtown has been public and will continue to be so.
Council Member Brooks questioned if have problems in other areas of the city that this ordinance is addressing. Council Member Kerian stated that this ordinance is specifically for use in renaissance zones.
Council Member Christensen stated what they are doing is moving it a little faster, and there is minimum of 2 weeks of public notice of any resolution being introduced and need 5 votes for passage, this gives this council and future councils the ability to move something along a little faster if it appears that it should, can do this through resolution and there will be public notice on the agenda open for discussion and open for comment. He called for the question.
Upon voice vote the following members of the council voted in favor of adoption of the ordinance: Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun, Hamerlik - 7. Vice President Hamerlik declared the ordinance adopted.
ADOPT RESOLUTION CALLING GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1994C
The staff report from the director of finance and administrative services, relating to the resolution calling General Obligation Tax Increment Bonds, Series 1994C, with recommendation to adopt the resolution authorizing the call of certain outstanding General Obligation tax Increment Bonds, Series 1994C.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kreun introduced a resolution authorizing Call of Certain Outstanding General Obligation Tax Increment Bonds, Series 1994C: Document No. 8746 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun, Hamerlik - 7; voting "nay": none. Vice President Hamerlik declared the resolution adopted.
REFER COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR YEAR ENDED DECEMBER 31, 2004 TO AUDIT
COMMITTEE
The staff report from the assistant director of finance and administrative services, relating to the Comprehensive Annual Financial Report of the city of Grand Forks for the year ended December 31, 2004 and the Independent Auditor's Report, with recommendation to refer the matter to the Audit Committee (the finance and urban development committee) to review the Report and the independent auditor's opinion on the financial statements.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FO BIDS, WATERMAIN
PROJECT NO. 5818, DISTRICT NO. 286
The city engineer's estimate of total cost of the construction of watermain for 44th Avenue South between South Washington Street and South 16th street in the amount of $25,053.00, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5818, District No. 286, watermain for 44th Avenue South between South Washington Street and South 16th Street), with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8747 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 5819, DISTRICT NO. 439
The city engineer's estimate of total cost of the construction of storm sewer for 44th Avenue South between South Washington Street and Southend Drainway in the amount of $97,484.63, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5819, District No. 439, storm sewer for 44th Avenue South between South Washington Street and the Southend Drainway), with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8748 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
APPROVE RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PAVING
PROJECT NO. 5820, DISTRICT NO. 616
The city engineer's estimate of total cost of the construction of paving on 44th Avenue South from South Washington Street to the Southend Drainway in the amount of $225,670.99 , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5820, District No. 616, paving 44th Avenue south from South Washington Street to the Southend Drainway, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8749 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
APPROVE RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 5774, DISTRICT NO. 438
The city engineer's estimate of total cost of the construction of trunk sanitary sewer along 40th Avenue South from South 20th Street to South Washington Street, the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5774, District No. 438, trunk sanitary sewer along 40th Avenue South from South 20th Street to South Washington Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8750 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
APPROVE CHANGE ORDER NO. 1 FOR WATERMAIN
PROJECT NO. 5656
The staff report from the engineering department relating to Change Order No. 1 for Project No. 5656, Watermain in 300 block of 55th Avenue south, approximately 200 feet east of Chestnut Street to Belmont Road,, with recommendation to approve Change Order No. 1 for Watermain Project No. 5656 for United Crane & Excavation in the amount of $5,692.45.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Upon voice vote, the motion carried 7 votes affirmative.
INTRODUCE ORDINANCE RELATING TO PERMITTED
USES IN A B-4 CENTRAL BUSINESS DISTRICT
The staff report from the urban development director relating to Central Business District Housing Task Force, with a recommendation to authorize city attorney to draft appropriate language to amend the Land Development Code to reflect the council's decision.
Howard Swanson, city attorney, reported that he had provided council members with a total of eight different drafts of ordinances relating to housing in the B-4 Districts, that the last two forwarded, one allows housing in B-4 area on cross-streets, however, on 3rd, 4th and DeMers requires 3 ft. elevation, the boundaries of that area are University Avenue on the north and Kittson on the south; second ordinance is labeled #7 created a sub-area in B-4 which was bounded by University on the north, Kittson on the south, the river on the east and 5th on the west, and that area created residential housing that can be established. All of these drafts except for the one that had no changes are written in such fashion that it would allow various types of ownership before as well as townhomes and condominiums. He stated he has given just about every option of draft for discussion.
Council Member Kerian moved that they consider ordinance draft D-8, seconded by Council Member Christensen.
Council Member Christensen stated he thinks that ordinance draft D-8 accomplishes what they are trying to do as far as preserving the central business district, Mr. Swanson defines it as core central business district and distinguishing factor is that there could be housing on street level buildings located within the core central business district if the housing is 3 feet above the sidewalk and in discussing this with other council persons and members of the committee they concluded that is the best resolution in light of the St. John's Block and also in light of what they anticipate will be the housing design associated with the Schoen project on 3rd Street.
Council Member Gershman stated he found it curious they addressed the St. John's Block which already exists, and what he would prefer is draft D-5 and not put any restrictions downtown, and questioned the 3 ft. elevation and also about 20 ft. setback.
Council Member Glassheim stated that the 20 ft. setback is no longer in and not an issue, and he thought they wanted the 3 ft. rise on 3rd, 4th and DeMers but to allow a main floor, either apartment or owner occupancy, on the side streets, and doesn't see that in the draft.
Mr. Swanson stated in response they are focusing on sub-part 3 and have to look at the language in B which proceeds that, and that is the operative language where they specifically allow residential dwelling units, including apartments, condominiums, townhomes and single multi-family residences, that is new language, and what reading in 3 is actually restriction or limitation for that area described as core central business district and on 3rd, 4th and DeMers, and the operative language of allowing residential units appears in sub-part 18-0217 2.B, and allows on the main floor.
Council Member Glassheim stated that would allow them on the cross-streets, and his rationale for requiring a 3 ft. rise on 3rd, 4th and DeMers is to retain the major commercial streets to be mostly commercial, the 3 ft. rise will only occur in new construction, and basically the commercial district in the downtown has shrunk from its heyday, he would like to preserve the strongest commercial streets as primarily commercial and let the cross-streets become residential if market so chooses, and in the future if all the cross-streets are filled up with residential on the main floor and there is a demand for more, will have to revisit this, but wanted to have strongest contiguous streets to remain commercial except certainly have to allow for those which are empty lots and are thinking of new construction of residential units on 3rd, 4th or DeMers . This allows for a good deal of experimentation and main floor but also preserves on the corridor except in those cases where you would build a residential area on vacant lots.
Council Member Gershman stated he thinks the property owners downtown have fair amount of empty commercial space and if they were able to put in residences to spur commercial development and knows that new construction will do that, and would like the same kind of entrepreneurship spread through the whole downtown, and not a lot going on, can't rejuvenate the downtown without people living there, and is saying to open it up and let it happen.
Council Member Glassheim stated he supports increased residential downtown and that is the point of this, but another point was the thought that if more people lived downtown that would be a support base for commercial, and if have commercial going out or checkerboard commercial, in the middle of a block have commercial building, residential building, and doesn't think that would be good for downtown, in larger towns have districts - residential and commercial, and not a lot of residential activity on main floor, even in small areas have commercial on main floor and residential above - don't have checkerboard - are taking a slow approach, see what happens and if all the side streets become residential, know we will have to revisit this - part of the point of having more residential was to support the commercial which is somewhat empty.
Council Member Gershman moved to amend the motion by substituting the text of Draft D-5 for the text of what was introduced as Draft 8. Council Member Brooks seconded the motion.
Upon call for the question on the amendment and upon voice vote the motion was defeated.
Vice President Hamerlik asked for clarification on the boundary where it says between Kittson and University Avenue, if that means that the north side of Kittson is included and the south side of University, but opposite sides of the street are excluded from this motion. Mr. Swanson stated that was correct, and believes what they want is those areas north of University and south of Kittson to be allowed to have residential units without limitation and that is what this draft does.
Council Member Christensen stated after the flood of '97 there was a movement by leaders of this community to actually move the downtown to the southwest quadrant of the city, and many people advocated that, but this community chose to reinvest significantly in the downtown - a decision was made by prior councils and this council has embraced that decision and have done whatever they could to enhance that decision and to work to give it every opportunity to succeed, this group has decided to go on a measured response, and came up with a core central business district and want to preserve that as best we can; those that buying these buildings going forward are the in-fill areas and have the opportunity to build housing, and not ready to give up on the vision and that is why spent the last year and a half working with developing housing downtown and embrace this ordinance to allow the beginning of housing and moved the question. Gershman seconded the motion. Upon call for the question, the following voted "aye": Council Members Gershman, Christensen, Kreun, Hamerlik - 4; voting "nay": Council Members Glassheim, Kerian, Brooks - 3. Vice President Hamerlik declared the motion carried.
Upon call for the question on the original motion and upon voice vote, the motion carried; Council Member Brooks voting against the motion.
Council Member Glassheim introduce an ordinance entitled "An ordinance amending subsection (2) (B) of Section 18-0217 of the Grand Forks City Code heretofore effective relating to permitted uses in a B-4 Central Business District", which was presented, read and passed on its first reading. Public hearing on the ordinance was set for August 1, 2005
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 05-13, dated July 5, 2005, and totaling $765,202.21, was presented and read.
It was moved by Council Member Brooks and seconded by Council Member Glassheim that these bills be approved and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Christensen, Kerian, Kreun, Hamerlik - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
The Estimate Summary in the amount of $882,473.13 was presented and read.
It was moved by Council Member Glassheim and seconded by Council Member Brooks that the estimates be approved and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Christensen, Kerian, Kreun, Hamerlik - 7; voting "nay": none. Mayor Brown declared the motion carried and the estimates ordered paid.
MAYOR AND COUNCIL COMMENTS
1) Mayor Brown thanked the Sertoma Club and the Kids Parade.
2) Council Member Gershman stated that between 13th and 15th Avenue South on Belmont Road, there were some old wood steps thrown on the dike side of the street and asked that and area going down Lincoln Drive be cleaned up.
3) Council Member Brooks gave brief update by the task force working with salvage yards and conditional use permits on Gateway Drive and they (Council Member Gershman, Mr. Potter and himself) have put some things in writing and will bring preliminary draft to council.
He stated this weekend he talked with a citizen about the affordable housing award that was presented tonight, and had some questions that rental is high in Grand Forks, and asked if Mr. Hoover or Terry Hanson could give them some figures re. averages re. housing costs and salary.
He brought up the matter of our agreement with Canad Inns, status of agreement, whether there was a June 30 deadline for breaking ground and whether needs an extension, or if a target date for completion. Rick Duquette, administrative coordinator, stated there was not a deadline in the agreement for breaking ground but target date in agreement for completion - the end of December, 2006.
He stated that the smoking ordinance was passed and this last week when in several eating establishments the owners had questions, one was what would he have to do in his establishment, and what about bars and liquor establishments, which have to meet requirements; what are enforcement issues and administrative issues; and asked if the City could put a tax on the sale of cigarettes to cover some of the costs to enforce the ordinance or look at licenses to sell cigarettes. Mr. Swanson stated the City would not have authority to adopt a sales tax on tobacco products. He stated as far as enforcement, education, etc. his office is presently in the process of drafting combination of a brochure or frequently asked questions that will be distributed to restaurants and bars, etc.; there is an administrative meeting of various departments and will be multi-department enforcement, involving the health department, police department, fire inspections, building inspections, his office, city prosecutor's office. He stated as far as cost doesn't think that will have any significant cost or greater cost than general enforcement because the manner in which he believes it will be enforced will be incorporated into routine inspection of the restaurants by the environmental section of the health department, routine inspection of buildings by building inspection, routine inspections by fire marshals and be in response to complaints, questions, inquiries and those may go to various departments. The police department and the city prosecutor will have the prosecution. He stated it would not be a unique cost of enforcement - those inspectors and police officers are on the street doing their job and this is another component to review.
3) Council Member Glassheim stated they passed the first reading of the downtown housing, and what is the next process. Mr. Swanson stated because it does involve an amendment to zoning text, it will go back to the Planning and Zoning Commission where it originated and then come to this council for final action.
He stated that in reading in the Herald that East Grand Forks thought we were pushing the 2:00 a.m. bar closing, and by next week have some resolution and his resolution was that we would not go to 2:00 a.m. unless they go to 2:00 a.m. and if council wants to go to 2:00 a.m., not sure if we are going to act or not act, make intentions known. Vice President Hamerlik stated that the committee on smoking comprised of Council Members Gershman, Kerian and himself have met with the people from East Grand Forks several times, and at last meeting it was briefly mentioned that they were to get back together again as some things in the state legislature in Mn having to do with fees, etc. and that the next meeting would be at the call or follow the lead of East Grand Forks, doesn't mean what they do we will do but in the next 3 weeks will be meeting again and three options: do nothing and leave as is, go separately, go together and that is to be decided - that each council will make decision.
4) Council Member Christensen agreed with Council Member Glassheim, that there is a movement afoot on the East Side to suggest that this council is ready to decide on 2:00 o'clock closing - image there are good reasons for 2:00 o'clock closing and good reasons not the have 2:00 o'clock closing - wait to see if the East Side acts.
He commented on Canad Inns agreement, that the issue is that they have their financing, or very close and if that group can put together the $35 to $43 million to build that facility, nothing but a positive plus for this community and hope to allow staff and administration to continue with this project and do nothing to suggest that we would put any impediments in the way of individuals that choose to invest in this community, and understands the plans may have been submitted to our planning department, and that according to the agreement we have to hire our own architect to review those plans, and if those plans have been submitted, that we should figure out an RFP to get our architect on board to review those plans as the agreement provides. Mr. Duquette stated that has been done.
5) Council Member Kerian stated she is puzzled about the smoking ordinance in that we don't cost out our ordinances and if that is going to be a change, that any ordinance we have there are some impacts and that we move those along and expect that once there is education that people will comply, and if cost should have a discussion about that but supports actions that are taken. She congratulated Council Member Kreun and Council Member Gershman and others who worked on the community affordable housing in the community who took effort in hand and got it done, and great honor for our city and appreciates everybody's work on that.
6) Council Member Kreun stated that when working on item re. central business district housing task force that two separate items are what this award tonight was for, to reduce regulatory barriers for the housing districts and that is what we are doing, and made comment earlier that this council is very cognizant of the needs of our community, and not any one group but a long term process with everybody involved and are working on it continuously and trying to update it so can be in the market for housing and raise our level of housing all the time. He also stated that the U.S. Census released and even Census Bureau from Fargo was giving us a little bit of an increase, saying .7% increase and is good news, but normally our MPO has been a lot more accurate historically and still disagree with the numbers by about 2,000 to 3,000 but will keep working on it and keep in mind that it might be worth the money to do a census to put us into that other category, thinks that we are growing a lot faster than the Census people think we are and so does our MPO and continue on that track and jobs and housing are both part of that.
Vice President Hamerlik stated there was a person behind the scenes that should be complimented re. the affordable housing award - Meredith Richards who put together the award application and is most deserving.
ADJOURN
It was moved by Council Member Kerian and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
_________________________________________
Gerald F. Hamerlik, Vice President of City Council