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MINUTES/COMMITTEE OF THE WHOLE
Monday, October 11, 2004 - 7:00 p.m._______

The city council met as the Committee of the Whole on Monday, October 11, 2004 at 7:00 p.m. (following Growth Fund meeting) in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown 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.

Mayor Brown commented on events held during the past week and upcoming events:
That he toured the Amazon.com. facility last week as part of their 5-year anniversary, and what a success story for the company and community and expecting more growth and more jobs.
He thanked everyone at the Koinonia for inviting him to be part of their 20-year anniversary, spiritual work is worth doing and they are a key part of our community and he looks forward to upcoming programs for bringing Koinonia into the marketplace.
He encouraged everyone to check out the business expo put on by the Grand Forks and East Grand Forks Chambers of Commerce on October 12 from 4:30 to 6:30 p.m. at the Alerus Center and is one of the joint functions of the Chambers and to check it out before going to the Engelstad for the tennis match.
That they have started leaf pickup in the north end and expect to make two full passes throughout the city.

WORLD JR. HOCKEY TOURNAMENT UPDATE

Cheri Reitmeier from Ralph Engelstad Arena gave a brief update on the World Jr.; that within the past month they had a visit from IIHF official who came to tour the facilities and the city and left duly impressed with world class facilities and great people - he was here in preparation for the IIHF Federation meeting which was held in Turkey two weeks ago. They brought up a lot of concerns as they usually have this event in much larger venue with no problem with transporta-tion and lodging - she thanked the city council for allowing them to be prepared with good answers for their concerns and knowing that the event and transportation were taken care of. She stated at the Federation meeting they came up with a final game schedule and that allowed the tickets to go to print - tickets will be mailed in early November. Tickets are selling very fast and very few left. She stated they are still on their quest for volunteers and need another couple hundred volunteers for Thief River Falls and Grand Forks and encourage people to sign up for volunteer duties such as taking tickets, being game ushers, checking credentials, working at hospitality booths that will be set up in hotels, interacting with the public and please feel free to register. Broadcast agreements for the World Jrs. are currently pending for the United States, and are encouraging all businesses to contact the Convention & Visitors Bureau with their hours of operation during the event and any special events they may be planning so that they can compile those into a book for distribution. The Chamber of Commerce is trying to help them with a poster drive and if would like a poster for your business to call the Chamber of Commerce.

2.1 Authorize the call for bids and set sale date for $2,356,000 Refunding Improvement Bonds, Series 2004A and $1,585,000 Water Reserve Revenue Refunding Bonds, Series 2004B____________________________________________________________.
Alan Erickson, Springsted, Inc., reported on two bond issues - Refunding Improvement
Bonds, Series 2004A, in the amount of $2,365,000 for a number of public improvements throughout the city, some of which are being assessed this year and majority being assessed next year, they are 100% assessed to the benefit of the properties; and Water Reserve Revenue Refunding Bonds, Series 2004B, $1,585,000, and that is a refinancing of issue originally sold in 1995 and estimating with today's rates that they would save about $142,000 of future benefit savings on a present value basis of $112,000 after all costs, 6.4% of refunded debt service and is an excellent refunding and would suggest that you consider that as well. He stated they are suggesting taking bids on Monday, November 15, and report bids back to council that evening for final disposition.

Council Member Hamerlik questioned why do this on a Monday, that they get bidding informa-tion just prior to voting on it. Mr. Erickson stated Monday night is council meeting and they are able to take official action that night and coincides with ability to meet and legally approve the sale. He stated they start in advance so council members can see how it is structured so they can get their comments in early enough, and they put this out to public bid, send out notices to every underwriting firm in the country who wishes to bid on this and because the markets move the way they do, when they bid they want to know within a very short period of time whether you accept that bid or not because they have to send their sales force into action and have paperwork and selling that needs to be done in order to sell that particular piece of paper.

2.2 Engineering Services Agreement for Project No. 5702, paving 40th Avenue S.
from S. 20th St. to Reummele Road)___________________________________
No comments.

2.3 Engineering Services Agreement for Project No. 5703, 47th Ave.S. Reconstruction from South Washington Street to Cherry Street)._____________________________
No comments.

2.4 2006 Transportation Enhancement Project application.
Council Member Kerian questioned the possibility of 17th Ave.S. by the Mall and if we
received anything back from the State as to why they would not consider including that; and that she thought the owners of the property near there were interested in helping support this and if there is any way to make that work because it is feeder to the Washington Street bike lane and if can try to get that done because it is so broken up. Rusten Roteliuk, project engineer, reported that project came back because of the high dollar amount, that there are only so many dollars that the State puts towards these projects, that it is almost $400,000 project which the federal government would have to put in almost $200,000 and some issues there and that is why it is such a high dollar fix and some consideration into breaking that project into several smaller projects and work with that. He stated the project that engineering thought was most likely to get funding was 55th, but could consider breaking the 17th project up or see if the property owners would cost participate and would have to make that project feasible.

Council Member Kerian stated that would have a high impact for bikers in that area and if could get pieces of that done; and asked if they could ask engineering to look at 17th Avenue S. again and if sections could be done; Mr. Roteliuk stated it is on the priority list but they could look at that, contact property owners and if they would be willing to cost participate in that or break it up into smaller project so more feasible, but if break it into smaller pieces it is not a whole link and less likely to get the grant.

Council Member Brooks reported that a number of residents in Congressional I and II area have brought up their wishes that the City get bikepath out there to connect up with Gateway, and that the project does include 55th Street and thanked engineering.

Council Member Christensen asked how projects picked and ranked; Mr. Roteliuk stated engineering picked what was a need, and got comments as on 55th Street because there isn't any pedestrian facility there and there is a project going in between 6th and 12th Aves. N. and will be able to link parts in conjunction with that project, and along 55th will be done next year as part of the current subdivision. Projects have to be submitted to State by October 25 and the following council meeting to meet the schedule.

Council Member Christensen asked why extending bikepath on Columbia Road south when have a lot of unfinished segments of the bikepath in this community, on 32nd break between C'Mon Inn and 42nd Avenue and why not finish areas started rather than have piecemeal segments and visit with that along with Kerian's request.

Council Member Kreun stated that with the funding we have in hand would probably be the best to go to 55th but if can break up 17th because that is a connection between two parts of the community and one of the reasons that is so expensive is because that is right of way and lot of underground work that has to be done and perhaps could put that on a three-year program if necessary to get that accomplished. Mr. Roteliuk stated the difficulty there is because if split it up piece by piece and doesn't look good for this grant fund, and can explore other grant funding options. Council Member Christensen stated if we take our excess money and work on 17th, could probably accomplish what she was looking for. Mr. Roteliuk stated this is an either or and three projects. Council Member Kreun stated this isn't the same funding that we do the other bikepaths out of, but these are different transportation dollars we are using and we have to match this and will struggle to come up with the $85,000 and best to get that done and put it in longer range project to get 17th, because 17th a need as well.

2.5 Exchange of property with Grand Forks Traill Water District (GFTWD) for Flood Protection Project._______________________________________________________
No comments.

2.6 Acquisition of land required from Dacotah Building for the Flood Protection Project.__________________________________________________________
Mayor Brown reported this item returned to staff for further work.

2.7 Appeals and certification of special assessments on various projects. (No comments will be taken until 10-18-04)_______________________________________________
Council Member Christensen reported he has had calls from some of the residents in Adams Addition re. paying for sewer. The city auditor stated that project will not be assessed this year and engineering is working with those residents and that will be coming up through the process next year and they have been told that and will have all the opportunities to be heard and worked with.

2.8 Request from CPS, Ltd. on behalf of William Knipe for final approval of the plat of Knipe's First Addn. (loc. in 3000 block of S. 69th St.)__________________________
Council Member Kreun reported that the recommendation from Planning and Zoning was to table this request until the completion of the 32nd Avenue Land Use Corridor Study and the other areas have been completed (could be anywhere from 6 months to a year).
2.9 Request from Tim Crary on behalf of Crary Development for final approval of ordinance to amend zoning map to rezone and exclude from the Southbrook PUD (Planned Unit Development), Concept Development Plan and to include with the Southbrook PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Lot 2, Block 1, Curran's 3rd Resubdivision (loc. in 4600 block of S. Washington Street). (public hearing and second reading of ordinance scheduled for October 18).__________________________________________________________
No comments.

2.10 Request from Planning Department for approval of resolution to annex parts of deeded lands known as the Kindness Animal Hospital and Interstate 29 Right of Way easterly thereof except lands previously annexed. (loc. at 4400 32nd Ave. S.
Council Member Kreun reported the recommendation is to table this request to
December 1, 2004.

2.11 Request from CPS, Ltd. on behalf of Deacon's Development, LLP for final approval (fast track) of Replat of Lots 1, 2 and 3, Block A of Replat of Lot 7, Block 1, Kannowski's First Addition. (loc. in 2500 block of Pinehurst Drive)____________
No comments.

2.12 Request from Planning Department for preliminary approval of ordinance to amend the zoning map to rezone and exclude from the R-2 (One and Two-Family Residence) Dist. and to include within the R-1 (Single Family Residence) Dist., Lots 21 - 40, Block 2; Block 3; and Block 4, Kelsey's 3rd Addn.; Blocks 1 -18, excluding Lots 6 to 11; Block 12; and Lots C and D of Replat of Lot 14; and Lots 23 to 29, Block 17, Swangler's Subdiv.; Lots 1 - 9, University Park Place Addn.; Lots 13 - 24, Block 17, Westacott's Subdiv.; and Block 1 and 2, Westwood Subdiv.____________
Council Member Hamerlik reported the Planning and Zoning had a hearing last Wednes-
day with about 100+ people there, including people who are owners but not residents, and good
points taken on both sides; that Planning and Zoning recommended a committee be appointed and
also suggested names of members and size and suggested to discuss and resolve the issues which
with several hundred people might be difficult to do - the council's action on Monday night will
be to appoint the committee. He stated that a committee of 8 is too large - and will make a
recommendation to Planning and Zoning and to the council - meeting with the residents is a must.

Council Member Kreun stated that the intent is to make a recommendation to Planning and
Zoning and council rather than resolve the issue.

Council Member Brooks reported this involves both Wards 1 and 2 and Council Member
Hamerlik's motion is an excellent one, and that he intends to attend those meetings.

2.13 Request from Michael Benson on behalf of Richard Novak and Raymond Gordon for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple-Family High Density) District, the west five (5) feet of Lot 12 and all of Lots 14, 16 and 18, Block C, Budge & Eshelman's 2nd Addition (loc. at 1215 and 1217 6th Ave.N.)______________________________________________________
No comments.
2.14 Grand Forks Flood Protection Project (City of Grand Forks v. John A. Campbell, Irene A. Campbell, Ardell L. Korynta and Ina Jane Korynta) (city council may adjourn into executive session pursuant to NDCC 44-04-19.2 _____________
No comments.

2.15 Surplus fire truck to Mayville Fire Department.
Council Member Brooks stated this is excellent plan in terms of making these vehicles and other surplus items we have to do this with surrounding communities - this time it is Mayville and have done this with Manvel.

INFORMATION ITEMS

3.1 Portfolio Management/Portfolio Summary ending September 30, 2004.
No comments.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated that during elections there are signs destroyed or stolen, and on Friday night someone stole his and his neighbor's American flags and appeals to anyone who has found any American flags laying around by Agassiz School that people would like them back.

Council Member Brooks stated he was concerned re. an article in the Grand Forks Herald on Friday morning with headline re. cool response to the new bus plan, that he was at the open house from 6:00 to 8:00 p.m. - the article refers to City Hall and riders had problems with it and he didn't see anybody from City Hall there, there were 21 people there (6 staff including Council Member Kerian and himself), and quoted Mary Weaver and a city employee and disturbed by this as this will come to city council, and there was a lot of work put into this, and it was not a cool response from citizens and City Hall and didn't see enough there to make that statement.

2) Council Member Christensen stated that the people that run for office spend a lot of time trying to find people who will allow them to put signs in their yards, signs cost money and signs in his ward were trashed; sorry for the people running for office when they see their signs are wrecked, not sure if we have an ordinance that makes it a misdemeanor to destroy signs and perhaps time has come to review that and could be some sanctions.

He stated that there was a lot of work put into the Transportation Plan by many staff persons in bus division, public service division, finance, and MPO, etc. and would hope if there is going to be criticism of that plan from riders and if problems some of the employees have with that plan, would hope employees would contact any of the council members who helped to develop that plan and give them their issues so can address those - that plan developed only after all kinds of input from staff, and now time for comment - and would hope people understand that this is a public service that the community have decided to make available - but trade-offs.

Mayor Brown stated that Mr. Swanson has informed him that damage to private property is an enforceable ordinance.

3) Council Member Hamerlik stated they heard a report on the World Jr. Hockey coming to town, and that on Wednesday night there is NBA basketball at the Alerus - the Timber Wolves and the Milwaukee Bucks at 7:30 p.m. - It was noted there are also Sioux awards at the Alerus Center that night. Football game Saturday afternoon - UND Homecoming.

4) Council Member Kerian stated she has had some questions about the bus issue and that copies of information are on the website or can call Info Center at City Hall if want to see copies of the proposal - the hearing before council will be on October 25 , and if people want to come to make comments and get more information.

5) Council Member Kreun reported that on the Planning and Zoning public forum they had with Council Member Hamerlik's ward - that all of the people that were there on either side were very professional and gave good ideas, explained the problems and conditions under which each side was being discussed - good informational meeting and commends people on both sides and appreciates that.

Council Member Kerian stated that as people told their stories there were understandings on both sides that they didn't have beforehand.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor