Council Minutes

Minutes/Committee of the Whole
Monday, October 24, 2005 – 7:00 p.m.(following JDA)
The City Council met as the Committee of the Whole on Monday, October 24, 2005 at 7:00 p.m. in the council chambers in City Hall with President Gerhsman presiding. Present at roll call were: Council Members Brooks, Glassheim, Gershman, Hamerlik, Christensen, Kerian, Kreun. Present - 7; absent: None – 0.

President Gershman announced that when addressing the committee to please complete a speaker card and give it to the staff at the control panel and when called upon to come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast.


Gershman announced that the Pride of Dakota Holiday Showcase is coming to Grand Forks Alerus Center on November 5 and 6 and encouraged all to attend and check out the wonderful North Dakota products available.

Gershman introduced Chief Packett who had a special announcement as President of the Circle of Friends Humane Society. Chief Packett stated that he was honored to serve as president for this year and that he wants to introduce Susie, Lucy and Laddy to talk about the event. Susan Mikelson stated that the Council Members had each received an invitation to their open house on Wednesday, October 26 starting at 5:00 p.m. She continued that the open house is to celebrate the pay off of the mortgage on their building and will include a bonfire at which they burn their mortgage. She thanked the Council for their support over the years expressed that she hoped to see them all on Wednesday. Gershman commented that the Humane Society has served the community well and congratulated them on their accomplishment.

1.3 Presentation by Council Member Gershman – ABC World News Report: Grand Forks & New Orleans Aired 09-25-05
Gershman stated that a news team from ABC was in Grand Forks recently to do a flood follow-up story on our recovery as a story of hope for those in the south that are now going through the same things that we did. He added that this piece was a true positive of the recovery of our community and our spirit and he wanted to share it with the group. He stated that he has also asked Sharyl Simeone in the Public Information Center to make some copies that can be distributed to the Chamber of Commerce, EDC, and the Convention and Visitor’s Bureau to share with individuals and companies looking for information on our community. The video was shown to the group.

2.1 Applications for exemption of remodeling improvements to commercial and residential buildings at various locations.
Brooks requested that prior to Council acting on this item that they receive information on how many of these exemptions were for single family and how many were rental. Mel Carson, City Assessor, stated that he would compile the information and provide it prior to the Council Meeting.

2.2 Application for abatement for 2003 and 2004 taxes by James Fail, 3229 Royal Drive.
There were no comments.

2.3 Application for Class 15, Winery On-Sale and Off-Sale Alcoholic Beverage license by Maverick Enterprises, LLC, 1726 S. Washington Street
Kreun stated that with the Pride of Dakota Show coming prior to the next Council meeting, and that this business had expressed a desire to participate in this show and that he would suggest that the Council take action on this item tonight so that they would be able to exhibit. Swanson stated that the Council does have the ability to choose to act on this matter this evening and that it would take a unanimous vote to consider the item.

Motion by Kreun, second by Glassheim, to consider this item for action this evening.

Motion by Glassheim, second by Brooks to recuse Gershman from this item. Aye: All. Motion Carried.

Upon call for the question on the motion to consider this item for action tonight, Aye: All. Motion Carried.

Motion by Kreun, second by Brooks, to approve the application. Aye: All. Motion Carried.

2.4 Application for transfer of Class 1 (General On and Off Sale Alcoholic Beverage) license to LC and ME Properties, LLC dba Diamond Lounge, 1607 DeMers Ave.
There were no comments.

2.5 Bids for Project No. 5894, Clay Stockpile Relocation.
There were no comments.

2.6 Plans and specifications for Project No. 5534, Dist. 288, watermain for 2400 block of S. 42nd St.
There were no comments.

2.7 Project Concept Report for Project 5703, paving 47th Ave. S. from S. Washington St. to Cherry St.
Christensen stated that this project is proposed to be funded 80% Federal funds and 20% City Match, if not approved in those lines, then recognizing it is a collector street and the Council would then need to address the future funding of collector streets should be handled as they did with 42nd Street. He continued that he had received some information from Cindy Voigt of approximate annual special assessment payment amount for a 10,000 square foot lot in the affected area and wanted to share that. He continued with federal funds utilized at 5% interest, and a 20 year amortization, the average lot would be assessed $119.60 per year and without federal funding it would be $270 per year. In Phase II, with federal funding utilized the average lot would be assessed $117 and without federal funds would be assessed $263. He continued that in the area North of 47th Avenue in the Belmont Patio Homes, assuming $1,000 spread over 20 yrs at 5%, the annual payment would be $76 with federal funds. He recognized that there are still some issues that citizens want to address in regards to this project, but would suggest that Council approve the engineering report at the next Council meeting, as we have money tied up in that report and then once that is done could continue to work through those remaining concerns or decide not to proceed at all, but at least we have the report. He suggested that perhaps since there is no Committee of the Whole meeting scheduled for next Monday that perhaps a group meeting could be held to start some of the discussions on these outstanding concerns.

Voigt commented that Engineering has the ability to mail meeting notice letters to the affected property owners and suggested that since Monday is Halloween it may be not be the best night to get people together, but that she would work on scheduling a meeting. She stated that at the Council meeting there is no need to approve the engineering design at this point, just to approve the PCR and then can continue discussion on the design and bring that in at a later Council meeting for approval once the design concerns have been addressed. Christensen added that while we could approve the existing design option, we don’t have to, but we do need to approve the PCR and then we have the engineering report done and if we decide not to proceed on this project, we can reallocate the funds to a different project.

Kreun commented that going back to the citizens is good at this time, as now we have firmer cost numbers for their lots, which was a concern for many of the comments in the packet, than we had when the first project meetings were held as well as having more details to review with attendees of the public meeting to answer their concerns and questions. He continued that this is a minor arterial and since these funds are available to use to cover the cost this is a very good deal for them and they then only have to pay 25% of the cost. He added that one of the other concerns that has been brought up is that there is no storm sewer in place from Cherry to Washington, so there is not a proper drainage solution available there and that is one reason why that was selected over and above some of the other ones.

Brooks commented that the staff report is only to approve the PCR which is needed to start in getting any federal road dollars. He added that the other recommendation is to approve Phase I, which is from Cherry to Washington, which he knows there are some other concerns and questions with the area between Cherry and Belmont and that is not the part being recommended in this staff report. Voigt commented that what they would do is request that decision number 2 be deferred until after the public meetings and they will bring that back along with decision 3 at a later meeting.

Hamerlik stated that one of his questions, why to go back to the people, has been answered, as we have more definite numbers now. He continued that he also noted some other comments, including ones on sidewalks, etc. and wondered how following the new meetings that Council will be able to know if any of these earlier thoughts had changed, based on the new information, and whether those people would then have to write a new letter to express their comments again or if there was a way planned to get those opinions back to the Council. Christensen suggested that a record could be kept of who attends the meetings and then if any who had made prior comments were not there, they could be contacted to check their current comments and then staff can report those back to Council. Voigt stated that a survey could also be sent to the affected property owners and could be used in conjunction with comments from those attending the meeting. Hamerlik clarified that he is not suggesting that we do not go back to the people, but just concerned as to how we know whether any with earlier concerns have changed their mind or not, particularly with comments on things other than cost such as sidewalk and size of it and who pays for it, etc. Voigt stated that those on the east side wanted to be done in 2006 and that has never been proposed and want to get everyone back together and discuss as this is new and an option never discussed before and will take good notes and provide reports back to the Council as always on these public meetings. Christensen stated that the only decision that has been made so far is to include this in our request for federal funds and to do the engineering and that now we are looking at how we’re going to do the project. Hamerlik suggested that perhaps we could send the prior comments that we received back to those people and ask them to tell us whether they still concur with those thoughts or not and then we would know for sure.

Kreun commented that there will be a sign in sheet and if those people aren’t there then we can contact them and get their feedback. He added that these are not actually protests, but rather comments. He stated that in regards to the comments on cost of sidewalk, bikepath, etc., those costs are all included in the figures that Christensen gave at the beginning of this discussion. Kreun stated that questions, such as how big or location of the sidewalk are big to the residents, but minor to the project and can be worked out as the project progresses. He continued that the next comments dealt with urbanizing the crossing at Cherry Street for the school children and if that is lowered the safety increases. He stated that there were a low of positive comments included as well as negative with some requesting it be lowered or asking why it should be lowered and those can all be dealt with in the meetings. Since half of the comments were regarding the financing, Kreun stated that he feels we must go back and share this revised information with the affected property owners.

Brooks inquired how old 47th Avenue is. Voigt conferred with Dale Bergum from Webster, Foster & Weston and they provided that in 1991 the portion from Cherry to Belmont was installed and in 1998, Washington to Cherry St. was installed. Grasser commented that he thought perhaps at some point in time there was some CDBG money used on the Cherry to Washington section to help improve that section and would have to research exactly when that was done.



2.8 2007 Transportation Enhancement Project application.
Kerian commented that she is glad to see the multi-use path included in this as it is very important to those in the area and is highly used by everyone including children traveling to and from school and that she hopes they are able to get this through.

Brooks commented that he was also in favor of both of these ideas going forward, as there have been many comments about the area around the Public Works building being made more appealing.

Hamerlik requested more detail on what the landscaping plans were for the Public Works Building area. Voigt reviewed the plans for tree planting and fencing along the I-29 and southern edge of the lot. Feland added that there will also be some equipment planned to be moved off site, some to a concrete pad at the landfill that is currently under construction and some to their Mill Road property once the flood project is completed and they have full use of that site.

Gershman thanked staff for their work on this item and stated that he appreciated their efforts in trying to improve the appearance of this property for those traveling along I-29 through our City. He suggested that when they get to the point of tree selection that they look into some aspen evergreens, as they seem to require less water and he has noted some doing very well in our soil that has a lot of clay underlayment.

Gershman stated that another area that could use some kind of screening is the corner of DeMers and Washington where the old roundhouse for the railroad used to be as that has become less appealing over the years. Voigt stated that there may be some right-of-way issues with making any improvements at that property and that she will look into it. She added that another consideration prior to doing any major work would be to keep in mind any plans for future work on the underpass so that work would not be completed and then need to be torn up again.

Feland stated that he wanted to publicly thank Voigt for the time she has put into this project and express his appreciation for her efforts to get improvements done on this property.

2.9 Amendment No. 1 to engineering services agreement with Interstate Engineering, Inc. for Project No. 5671, Point Bridge Rehabilitation.
There were no comments.

2.10 Construction and engineering cost agreement with City of East Grand Forks, MN for Project No. 5671, Point Bridge Rehabilitation.
Hamerlik commented that he has a concern with the ratios listed, as often with a project of this type the ratio is based on the percentage of usage and he is not sure if that is accurate to what is being shown in the recommendation.

2.11 Application for moving permit to move garage from 919 Letnes Drive to 1316 4th Ave North
There were no comments.

2.12 Consideration of bids for access control system for police department.
Kerian requested information on this item. Roxanne Fiala, IS Director, stated that this is the main door control for each door in the Police Building, both external and internal. She continued that the bids were evaluated and the staff recommendation is to award to Stone’s Mobile Radio, the low bidder.

2.13 Matter of amendment to Grand Forks City Code Section 13-1102 relating to definition of a “bar”.
Brooks inquired why this change was necessary. Swanson responded that there had been some debate at the state level as to different interpretations of the definition of a bar and to clarify the Attorney General has issued several opinions and that they are all more restrictive than the definition given in our code and that as such he recommends that we revise out code to match the more restrictive state code.

Glassheim asked for more information on how this would affect places such as a bingo parlor or establishment that also has food sales. Swanson responded that the definition used by the state is that no more than fifty percent of their total sales can come from sources that are not alcohol such as food or bingo sales. He continued that the fifty percent level is specified in the state opinion’s and that if a business has more than 50% of food sales then regardless of if they allow patrons under 21 or not they can not be called a bar and allow smoking on their premises.

2.14 Matter of changes in Fund Selection in the Defined Contribution Pension Plan.
There were no comments.

2.15 Request appointments of Council Member and one Administrative Person to serve on the PSAP relocation committee.
Kerian inquired as to who the proposed appointments were for these positions or if looking for volunteers. Brooks stated that he serves on the PSAP board, and he will be meeting with Al Morken, PSAP Director, prior to the Council Meeting and they will have names that they bring in.

2.16 Growth Fund Committee reappointments.
There were no comments.

Information Items
There were none.

Citizen Requests
There were none.

Administrative Coordinator Comments
There were none.

Mayor and Council Comments
Brooks stated that in regards to the salvage yards, he has met with Gershman and Potter and that they will be bringing in a recommendation to the next COW meeting in three weeks.

Hamerlik called on Duquette to review for the Council the Work Sessions that are scheduled for the next couple of weeks on a couple of topics. Duquette stated that there will be a Mayor Council Work Session tomorrow at Noon in Room A101 to discuss the UND neighborhood issues and draft ordinances that have been compiled to address those issues. He continued that discussion on this issue will continue again on Wednesday, November 2 at 5:00 p.m., and if needed at Noon on Thursday, November 3. He stated that there will also be a Mayor Council Work Session on Wednesday, October 26 to discuss proposed ordinances from the Park District that deal with alcohol use in the city parks.

Kerian expressed a frustration with the process for hiring a Human Resources Director. She stated that she does not understand why it is taking so long to resolve this and that this is an important position and should be filled as soon as possible.

Kreun commented that he would like the council members to consider changing the Committee of the Whole meeting time for the winter months to 5:00 or 5:30 p.m. so that people could come straight from work. He suggested that the change be a temporary for the winter months and then see how it works for Council, Staff, and the public and if it doesn’t seem to be a good idea then can go back to 7:00 p.m. Hamerlik commented that he is not yet committed to the change, and requested that research be done on if there would be the possibility for television coverage at the earlier time, etc. Kreun stated that he was only making a request that the group consider it and added that it may also be a saving on staff time as well as being more convenient for all. Gershman commented that another benefit to the earlier time was that it would allow the press more time to get their reports done when they are trying to meet a deadline for either the newscast or the daily paper and when some meetings run long they don’t have enough time to get the information together.

Adjournment

Motion to adjourn meeting by Brooks, second by Glassheim. Aye: All. Motion carried.

Respectfully Submitted,



John M. Schmisek
City Auditor