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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 4, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 4, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown 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.
Alice Smith's 5th grade class at Ben Franklin School led the city council in the pledge of allegiance to the flag.

Mayor Brown commented on various events during the past week and upcoming events:
That he had the honor of being in the Buddy Walk at the Grand Forks City Mall, sponsored by Wal-Mart and Mall proprietors and is intended to increase awareness and acceptance of people with Down's Syndrome and thanked sponsors, organizers and participants.
This week is Fire Prevention Week and opportune time to check your smoke alarms and other safety precautions.
He read Col. Ramsey's article in the Base paper this week and the 319th Air Refueling Wing broke the record for hours of safe flying time with over 32,000 hours, and that compares with last year's record of just under 28,000 flying hours, and demonstrates airmen and their families are running an extremely high operations tempo and need to continue to support them.
Next week on October 11 is scheduled as beginning of leaf pickup and hope to make two full passes through the city and will take approx. 4 weeks.
Community was saddened by the passing of Wendy Blaise, she was familiar face and spirit around the community and source of strength for many, and thoughts and prayers are with her and her family.

MONTHLY FLOOD PROTECTION UPDATE

Al Grasser, city engineer, stated it is getting towards the end of the construction season and appropriate to extend a thank you to all the citizens in proximity of the construction projects, impressed with patience that citizens have shown. Council Member Glassheim stated that the 3rd Street construction project is moving along very nicely and going well and can see the end of it. A short video was shown.

Melanie Parvey-Biby, greenway coordinator, reported that the greenway has been recognized for its innovative planning and design, the members of the design team for the greenway project will be presenting at a National Trail Symposium hosted by American Trails Organization later this month. The Army Corps of Engineers and Swingen Construction held pre-construction meeting for the pedestrian bridge project, construction of southend bridge will begin within next couple weeks and continue work into the winter season, that they won't start with the bridge on the northend until next year. Construction of northend boat ramp has been well underway, contractors completed clearing and grubbing at site and began excavation, access to the northend boat ramp will be temporary until construction of the levees and flood protection project are completed. The southend boat ramp still needs location prior to February when need to submit grant application to the ND Game & Fish if pursuing same funding sources that were utilized for the northend boat ramp. She noted upcoming events in the greenway and in November Lincoln Drive Park will host a Veterans Day Race and the beginning of Christmas in the Park.

Council Member Christensen asked what progress is on funding for the southend boat ramp. Ms. Biby stated they need to pick a site for the boat ramp prior to February and grant application is due to ND Game & Fish, and can also work with agencies that helped fund the northend boat ramp; construction could begin as early as spring of 2005 if site for boat ramp chosen this fall, site should be chosen before requesting funds because it determines budget for the project; and process will begin within next few months and will bring to council for discussion.

ADOPT ORDINANCE NO. 4033, ANNEXING LANDS TO
BE KNOWN AS LOT 1, BLOCK 1, JOHNSON'S WEST
FIRST ADDITION

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all those lands to be known as Lot 1, Block 1, Johnson's West First Addition", which had been introduced and passed on its first reading on September 20, 2004, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the notice to the public had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with his office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

SUSPEND AGENDA AND RECONSIDER COUNCIL ACTION
OF SEPTEMBER 20, 2004, RELATING TO PRELIMINARY
APPROVAL OF PLAT OF KNIPE'S FIRST ADDITION

Council Member Kreun reported that two weeks ago the council passed a motion for long term information on usage of 32nd Avenue and asked for reconsideration of that item to add the preliminary approval of Knipe's First Addition, only that if approved wouldn't have to go through both bodies again, and moved for the agenda to be suspended. The motion to suspend the agenda was seconded by Council Member Gershman. Carried 7 votes affirmative.

Council Member Kreun moved that we reconsider the council's action dated September 20, 2004 to refer the recommendation of Planning and Zoning relating to preliminary approval of Knipe's First Addition back to Planning and Zoning Commission; seconded by Council Member Gershman.

Council Member Christensen stated he can concur with this and will vote in favor of preliminary approval but doesn't want those on the Planning & Zoning Commission to think that this is a tacit approval of additional housing on 32nd Avenue until such time as they have a full study and report from the Planning & Zoning Commission as to the proposed uses of 32nd Avenue in light of the issues they have had on Highway 2 and the fact that they are running out of room in the Industrial Park, have to begin thinking about where we are going to have future industrial development in this community. Council Member Kreun stated he believed that Planning and Zoning was in agreement with that and want to take a look at this corridor along with other corridors at DeMers, Gateway Drive and Columbia Road and have a study which is going to be funded through MPO and a recommendation from the Land Use Committee to put a moratorium on some of those areas for a little over a year while this study is taking place. Council Member Christensen stated that at the MPO meeting on Friday and the MPO reallocated $50,000+ for a corridor study and that will be implemented in 2005.

Upon call for the question of reconsideration and upon voice vote the motion carried.

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of William Knipe for preliminary approval of the plat of Knipe's First Addition to the city of Grand Forks (located in 3000 block of South 69th Street), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, including preliminary approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun introduced the ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Knipe's First Addition, Grand Forks, North Dakota", which was presented, read and passed on second reading, with public hearing to be set for November 1, 2004.

SUSPEND AGENDA TO INCLUDE THE ITEM RE. CABLE
T.V. FRANCHISE AGREEMENT AS AN ACTION ITEM

It was moved by Council Member Brooks and seconded by Council Member Gershman to amend the agenda to include the item listed under Informational Items, Cable T.V. Franchise Agreement, as an action item. Carried 7 votes affirmative.

APPROVE POLLING SITES, ELECTION OFFICIALS AND
HOURS OF ELECTION FOR GENERAL ELECTION ON
NOVEMBER 2, 2004

The staff report from the mayor's office relating to establishing polling hours, polling sites and election officials (inspectors) for the November 2, 2004 General Election, with recommendation to approve the list of polling site and election officials (inspectors).

It was moved by Council Member Brooks and seconded by Council Member Christensen to approve the recommendation and to set the hours of election as 7:00 a.m. to 8:00 p.m. Carried 7 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
BY RICHARD AND JUDITH YONEY FOR 2002 AND 2003

The staff report from the city assessor relating to the application for abatement for 2002 and 2003 taxes by Richard and Judith Yoney, 718 Walnut Street, with recommendation to the Board of County Commissioners that the applications be approved as submitted.

It was moved by council Member Gershman and seconded by Council Member Brooks that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon voice vote, the motion carried 7 votes affirmative.

APPROVE APPLICATION FOR CLASS 1 (GENERAL ON
AND OFF SALE ALCOHOLIC BEVERAGES) LICENSE TO
UPTOWN HOSPITALITY, INC. DBA SLEDSTERS

The staff report from the city auditor relating to the application for Class 1 (General On and Off Sale Alcoholic Beverages) license by Uptown Hospitality, Inc. dba Sledsters, 21 South 4th Street, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign-off by appropriate departments.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Kerian and seconded by Council Member Kreun. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR ON
SALE BEER AND WINE) LICENSE BY KON NECHI WA'S

The staff report from the city auditor relating to the application for Class 3 (Off and/or On-Sale Beer and Wine) license by Sadako MacGregor and Sandra MacGregor dba Kon Nechi Wa's, 3750 32nd Avenue South, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign-off by appropriate departments.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Kerian and seconded by Council Member Kreun. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

AWARD CONTRACT FOR PROJECT NO. 5712, BITUMINOUS
SURFACING OF TCP-2002(012) PHASE 2

The staff report from the engineering department relating to consideration of bids for Project No. 5712, Bituminous Surfacing of TCP-2002(012) Phase 2, with recommendation to award contract to Strata Corporation in the amount of $39,798.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5636

The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement for Project No. 5636, Rehabilitation of Lift Station No. 17A, with recommendation to approve Amendment No. 1 with Webster, Foster & Weston for construction administration services in the amount of $19,958.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the amendment approved.

APPROVE AMENDMENT NO. 2 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5637

The staff report from the engineering department relating to Amendment no. 1 to engineering services agreement for Project No. 5637, Rehabilitation of Lift Station No. 20, with recommendation to approve Amendment No. 1 with Webster, Foster & Weston for design and construction administration services in the amount of $54,094.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the amendment approved.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE SOUTHBROOK PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMEWNT NO. 1, LOT 2, BLOCK 1, CURRAN'S 3RD
RESUBDIVISION

The staff report from the Planning Department relating to the request from Tim Crary on behalf of Crary Development for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the Southbrook PUD (Planned Unit Development), Concept Development Plan, and to include within the Southbrook PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Lot 2, Block 1, Curran's 3rd Resubdivision (located in the 4600 block of South Washington Street), with recommendation to give preliminary approval of an ordinance to amend the zoning map, and to set a public hearing for October 18, 2004.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southbrook PUD (Planned Unit Development), Concept Development Plan, and to include within the Southbrook PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Lot 2, Block 1, Curran's 3rd Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE 2005 CDBG FUNDING PROGRM

The staff report from the director of the Office of Urban Development relating to the 2005 Community Development Block Grant Program, with recommendation to approve recommendations of Finance and Development Committee for 2005 CDBG Program.

The staff report from the Finance and Development Committee relating to the 2005 CDBG Program, with the following recommendations:
1. That the Citizens Advisory Committee (CAC) participate in the development of the five-year
consolidated plan.
2. That the Citizens Advisory Committee review and make recommendations for the 2005 bricks and
mortar applications, excluding any City applications.
3. That the 2005 CDBHG funding be allocated as follows:
Program Administration $ 360,000.00
Public Service Program administered by United Way 250,000.00
Promenade infrastructure (prior obligation) 365,000.00
American Dream Homeownership Program 150,000.00
Non-profit Bricks and Mortar Projects 250,000.00
Downtown housing project (if the project does not proceed, funds would
be used for City Bricks and Mortar projects 425,000.00
Total estimated 2005 CDBG Funds $1,800.000.00

Council Member Kerian reviewed information the committee looked at in making their recommendations
and moved to approve the plan as presented by Urban Development with the modification to increase the non-profit bricks and mortar to $300,000 and to reduce the Downtown Housing project accordingly. Council Member Brooks seconded the motion

Pat Berger, United Way, made a presentation on the economic impact of non-profit community, along with social impacts, listing the number of employees, both full time and part time, total payrolls, and operating budgets, and also listed program services of the organizations. She stated that CDBG funds leverage amounts of money non-profits receive from other organizations. She also noted the return to the community from the non-profit agencies and their importance to the community.

Debra Johnson, Prairie Harvest Human Services Foundation, thanked the City for the past support they have given to the non-profit communities and has meant so much for the vulnerable adults and children they have served, that in the few years CDBG dollars have helped them put together a safe home for kids in foster care and have served over 200 children in that safe home in the community, and that Harvest Homes was a project they did in 1996, 12-plex in the north end of Grand Forks and received $7,000 in CDBG funds and helped them leverage an $800,000 HUD grant and they receive somewhere near $40,000/year from HUD to continue operations in the 12-plex; and thanked City for being a partner on behalf of the non-profit business community.

Council Member Gershman stated we have a one-time opportunity to invest or get the money back so we can continue to use it for non-profits and housing projects, etc. we would be wise to keep that money close and marshal it wisely. He stated that in earlier discussions with Ms. Berger about consolidating some of the facilities so that they could work together, that in looking at the $64 million in operating expenses, if took that to see how much rent, utilities everyone is paying and perhaps there are organizations that could come together under one roof and save that money, and thinks that is critically important as they go forward with limited dollars

Ms. Berger reported that two weeks hence they are going to be presenting some preliminary figures and that Mr. Duquette is joining them on this as well as Pete Haga, and are putting together a business plan for Community Resource Center and to do what Mr. Gershman mentioned, there are a number of non-profit organizations that need office space, conference room space, etc. and if they can work together and have savings, and in doing things better in terms of when looking at all of the facilities they need, infrastructure they need in their organizations, computers, that there is vacant building space around town, and to take a number of non-profits that have indicated that they would like to work with them on this, and is a plan that can strengthen the non-profit community because they would share some services as mailings, bulk rates, photocopying and IT services and hope to have finalized business plan by the end of the year.

Council Member Hamerlik stated that one of the comments is that while Urban Development came in with the recommendations, the recommendation in front of the council is from the Finance and Urban Development Committee, even though not unanimous, is the recommendation from that committee and included two other parts other than funding, is that the CAC is there and also over a longer period of time than five years..

Council Member Glassheim asked for some clarification on Mr. Hamerlik's comments about 5 years in the future, and his recollection of the Finance/Urban Development Committee is that nothing committed into the future but that each year looked at anew. Council Member Christensen stated that this is just for the year 2005, not for the rest of the years but only to see if we can begin the process of developing housing in our low to moderate income designated area in the community which is near northside, downtown and other areas of the community, and a Renaissance Zone in the same place, and to try this - and the money they are talking about is $1.8 million, which is 85% of the expected money and could be as much as $2.150 million if it works out and the money we are asking to be held in reserve to explore the housing projects downtown (condos, LMI houses on city-owned land and have infrastructure), the commitment between the City and the non-profits still exists and continue to fund it, and if we don't come up with some plan to reinvest some of these funds in the LMI area, it isn't going to happen and that is why we are asking for the $425,000 just to be held in reserve so have funds available to explore this for the balance of this year and next year, next year only $1.3 to $1.5 million and year after that $2.1 million or $1.8 and if this doesn't work back to where started and asked for opportunity to preserve resource to try to use them for the reinvigoration of our downtown. That 70% of this money has to be used for LMI or non-profit groups and if this causes consolidation at some level. It was noted that the anticipated money for housing downtown will not be grants but loans.

There was some discussion as to whether funds could be used for new construction, Mr. Hoover stated they are very limited as to new construction, have ability to use a non-profit organization (community development based organization) that would allow the use of CDBG funds to construct new housing, are limited unless go with CDO deal.

After further discussion Mayor Brown called for the question on the original motion by Council Member Kerian and Council Member Brooks.
Council Member Hamerlik moved an amendment to the motion to change the $375,000 for the downtown housing project to $425,000 and the non-profit bricks and mortar to $250,000. Council Member Gershman seconded the motion.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Gershman, Christensen, Kreun, Hamerlik - 4; voting "nay": Council Members Kerian, Brooks, Glassheim - 3. Mayor Brown declared the amendment carried.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Christensen, Kerian, Kreun, Hamerlik, Gershman - 5; voting "nay": Council Members Brooks, Glassheim - 2. Mayor Brown declared the motion carried.

Council Member Christensen moved that to the extend that there is an excess of the funds, between the $1.8 and the $2.1 million, that money be used to fund additional Bricks and Mortar for the non-profit corporations. Council Member Gershman seconded the motion.

Council Member Christensen stated that has the potential for the non-profits to have between $400,000 and $500,000 for Bricks and Mortar for the year 2005; that last year had an additional $400,000 that was approved in July.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE EXTENSION OF CABLE T.V. FRANCHISE
AGREEMENT

Information that the city council had received from the city attorney that they have been in continued negotiations with Mid-Continent on the existing cable TV. franchise, that the final draft from City's perspective has not been accepted by Mid-Continent and as the existing franchise will expire the end of September, asked that a motion to extend the existing franchise to January 31, 2005 for continued negotiations.

It was moved by Council Member Brooks to extend the existing cable TV. franchise with Mid-Continent Communications to January 31, 2005 for purposes of negotiation.. Council Member Christensen seconded the motion. Carried 7 votes affirmative.

APPROVE BILL LISTING AND ESTIMATES

Vendor payment listing 04-19, dated October 1, 2004, totaling $806,034.96, and Estimate Summary in the amount of $1,420,227.36, were presented and read.

It was moved by Council Member Kerian and seconded by Council Member Brooks that these bills be allowed 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES SEPTEMBER 20, 2004
Typewritten copies of the minutes of the city council meeting held on Monday, September 20, 2004 were presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that the minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Kerian stated she spent some time with group that presented "The Answer" , that they continue to operate within the community, that the School District and Altru and number of other organizations within the city are taking a strong leadership role at getting youth away from alcohol and drugs but also otherwise engaged in the community, one of the things they mentioned were activities that the community and council may get involved with - their own youth council and have a stronger role in influencing how helpful the city as a whole is towards our youth - may hear more about that, and that it actually be well-organized and meaningful in regular input and be able to provide to our council and to community.

2) Council Member Kreun stated to remember our troops and military people and that we appreciate what they do.

3) Council Member Gershman reported that the trees were planted on South 3rd Street in area that didn't have trees and thanked those who got that done. That there was a letter on their desks tonight from the Dacotah Hotel, that they had a flood protection meeting on Friday and staff has worked up what they think is a good compromise and will come to city council to hear their ideas to see if it works and thinks that will resolve itself much better and leave that street open.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
___________________________________
Michael R. Brown, Mayor