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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 20, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, January 20, 2009 at the hour of 5:30 o'clock p.m. Due to the absence of Mayor Brown, President Gershman and Vice President Glassheim, it was moved by Council Member McNamara and seconded by Council Member Bjerke that Council Member Christensen be appointed president pro tem of the city council. Carried 5 votes affirmative.

Present at roll call were Council Members Bjerke, McNamara, Christensen, Bakken, Kreun (teleconference) - 5; absent: Council Members Glassheim, Gershman - 2.

President Christensen 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.

ND LEGISLATIVE UPDATE

Pete Haga, Community/Government Relations Officer, reported this is the second week of the legislative session, that Bill No. 2027 will be heard in the Senate Government and Veterans Affairs Committee regarding extraterritorial zoning jurisdiction this coming Friday and that the mayor and city planner will be attending that meeting to provide testimony; no other action forwarded by the committee.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1524 NORTH 5TH STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 1524 North 5th Street had been mailed to the owner(s) of the property, said property being in substandard condition.

President Christensen opened the public hearing.

Dave Fisher, 1625 20th Avenue South, spoke in behalf of Dawn Bauer, requested a 30-day extension on the hearing prior to a vote being taken as there were financial difficulties and that legal aid through the University of North Dakota would not be available until February.

Bev Collings, building and zoning administrator, reported they have been monitoring the property, the City has put a roll-off dumpster there but that there hasn't been a lot of progress and in best interests of the City and the neighborhood doesn't recommend that time be extended, that she recognizes extremely cold weather, but the fire did occur October 23, 2008 and recommends that the City proceed with the final demolition of the property. She also noted that if the council proceeded with order for demolition, there would be a 30-day appeal process and in that time they would be able to clean up the property.

Council Member McNamara stated that given the fact that there was a fatality in the fire and difficult to do this work in the winter, what does it cost the City to grant them an extension. Ms. Collings stated it doesn't cost the City anything and any cost of demolition would be special assessed back to the property.

Ms. Collings reported they have inspected the structures and property and found that the dwelling is over 50% damaged, found it substandard in all items 1 through 9 in Section 10-0401 of the Grand Forks City Code, found it not to be habitable and would not award a building permit with the evidence they have. Property is owned by the Estate of Georgette Essery, that they do not know who the executor of the Estate is and that she has talked to Ms. Bauer and Kevin Boyer who is the son of the deceased.

Ms. Collings asked Mr. Warcup if they would be able to add all the debris and items on the lot for removal along with the demolition notice. Mr. Warcup stated that the substandard building code doesn't encompass debris on the property and thinks proceedings were initiated by the public health department to address that debris prior to the fire, that the issue before the council is demolition of the substandard structure and that is where our order would have to end.

President Christensen closed the public hearing.

It was moved by Council Member Bjerke and seconded by Council Member McNamara that we find the structure to be substandard as defined by Section 10-0401 of the Grand Forks City Code, subsections 1, 2, 3, 4, 5, 6, 7, 8 and 9, that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand, and subject to findings by the city attorney. Carried 5 votes affirmative.

REFER APPLICATIONS FOR TAX ABATEMENTS
TO WORK SESSION OF THE COUNCIL

President Christensen reported that the finance committee had met with various representatives of the organizations that have made application for abatement and that because of the number of applicants and significant issues that were raised, the committee after discussing this matter with staff will move this matter to a work session of the council. He opened the public hearing on the applications for abatement of taxes.

a)Grand Forks Homes, Inc., Oak Manor Apts, 710 4th Ave.S.
b)Grand Forks Homes, Cherry Heights Apts., 110 Cherry Street
c)Grand Forks Homes, LaGrave Place Apts., 810-830 4th Ave.S.
d)Grand Forks Homes, LaGrave Learning Ctr., 832 4th Ave.S.
e)Continental Homes, Inc. Apts, 1800-1804 and 1808 Continental Dr.
f)Homestead Place Apts., 1639 24th Ave.S.
g)MDI Limited Partnership #35, Riverside Manor Apts., 813 Lewis Blvd.
h)Faith & Hope, LP, Westwood Apts., 2500 14th Ave.S.
i)Housing Authority of City of GF, Ruth Meier Ctr., 770 S. 14th St.
j)Housing Authority of City of GF, lot next to 770 S. 14th St.
k)Terzetto Village, LLC, 12 lots, Promenade 2nd
l)Westgate Village, LP, Westgate Village Apts., 1100 N. 55th St.

Russ Melland, attorney for the applicants, 401 DeMers Avenue, stated that with the understanding that they will have the opportunity to address these applications at a work session of the city council, they would defer their comments until that meeting.

Terry Hansen, Housing Authority, stated he will withhold testimony until a later date.

It was moved by Council Member Bjerke and seconded by Council Member Kreun to continue the public hearing and refer the applications to a work session of the council with date and time to be determined. Carried 5 votes affirmative.

APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 6273, PAVING DISTRICT NO. 637

The staff report from the engineering department relating to Project Concept Report for Project No. 6273, District No. 637, paving North 51st Street from Gateway Drive to 10th Avenue North, Federal Project No. SU-6-986(083)087, with recommendation to approve the Project Concept Report, concur that the project should continue to be advanced, concur with the project concepts as proposed, and select Alternate B, the reconstruction of North 51st Street from 10th Avenue North to Gateway Drive with sidewalk along the west side.

Douglas Reierson, 533 North 51st Street, stated concern with safety and would like sidewalks installed as part of the project, and presented petitions from residents of Congressional I, Gateway Terrace Mobile Home Court, Richards West and Congressional II requesting that the ordinance not be amended to allow waiver to the sidewalk regulations.

Council Member McNamara stated that after the last meeting that the major issue was parking on the berm and consensus that if the businesses agreed to pull everything away, would see how that worked for a period of time and re-evaluate that, and asked if that had changed. Mr. Reierson stated that is priority and would like to see that removed.

Jerry Waletzko, 5041 West Elm Court, spoke in favor of installation of sidewalks, that sidewalks co-exist with commercial properties all across town, that safety is a concern but have to exist with each other; and also stated that vehicles parking on street obstructing view of the driveways.

Council Member Bjerke stated he would like to refer to the Service/Safety Committee sometime in March two issues: that berm designation is known to business owners and to set date as to when begin enforcement, and vehicle parking on street obstructing view of the driveways; and moved that the recommendation be approved; seconded by Council Member Kreun.
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John Oncken, Forks Equipment, stated they have equipment moved off the berms, and when get grass that would resolve that situation; Joe Boushey stated their safety concerns with sidewalk is traffic moving in and off street into properties and that his trucks move 24-7.

Mr. Oncken stated their goal is to co-exist and their concern is safety because of the kind of machines that he deals with and dangers that exist with agricultural machinery, trucks they run and inability to control them like a vehicle; sidewalks invite ability for kids, etc. and wants to prevent situation where have technician or farmer meeting at wrong time/place. He stated he hasn't had an issue with parking on the berm but is something that was never enforced and that based on traffic loads it would be safer for a person to be on the other side of the street and away from that danger. He stated goal is not to park on the berms, but first is safety and more risk than benefit with the sidewalks.

Council Member Bakken stated he didn't think they needed sidewalk in harm's way, that they need to get the street in, put green space in and look at parking on that street as anytime park semi on a street is a hazard not only to public but to ownership of the vehicle for liability, that basic goal is to install street and can do without a sidewalk.

Todd Feland, director of public works, reported their building is located at 724 North 47th Street, that they have sanitation trucks, water distribution and wastewater collection division, street department and central garage - have four driveways into the building area with sidewalks on both sides of the street, there is a park on the other side of the street and a bus stop so have some pedestrian traffic in the area - 47th is a wide street and not a lot of parking on the street as have enough space for employee parking, etc. and most of their equipment is in the building or behind the building and are farther away from residential area; and haven't had any issues.

Dale Bergum, WFW, consulting engineer on the project, reported they have looked at the City Code requirement to have the pedestrian facilities built with these projects, which is another federal mandate; there are safety concerns crossing driveways but also safety concerns crossing 51st Street because cars on 51st are moving faster than what would be going in and out of the driveway.

Upon call for the question and upon voice vote, the motion carried 4 votes affirmative, Council Member Bakken voted against the motion..

APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 6303, RECONSTRUCTION OF ENGLISH COULEE
SHARED USE PATH

The staff report from the engineering department relating to Project Concept Report for Project No. 6303, reconstruction of English Coulee Shared Use Path from north of 24th Avenue South to 17th Avenue South, Federal Project No. TEU-6-986(085)089, with recommendation to approve the Project Concept Report, concur that the project should continue to be advanced, concur with the project concepts as proposed, and select Alternative B, reconstruction of the north 3,500 feet of the shared use path between 17th Avenue South and 24th Avenue South, contingent upon Park District approval.

It was moved by Council member Bjerke and seconded by Council McNamara that the recommendation be approved. Carried 5 votes affirmative.

SUBMIT FEDERAL AID PROJECT REQUESTS UNDER
ECONOMIC STIMULUS PROGRAM TO MPO; RANK
PROJECT LIST AND SUBMIT PLANS TO NDDOT

The staff report from the city engineer relating to projects for economic stimulus package, with recommendation to direct staff to submit federal aid project requests under the economic stimulus program for construction year 2009 to the Grand Forks/East Grand Forks Metropolitan Planning Organization (MPO) for amendment to the 2009 North Dakota State Transportation Improvement Program (STIP); rank the economic stimulus package project lists; and authorize staff to submit plans to the North Dakota Department of transportation for purpose of bidding.

Al Grasser, city engineer, reported the latest information they are getting is they want to obligate about half of the money within 90 days and the other half around July, 2010 and they are trying to get the first listing out assuming the bill will be signed within next week, that the DOT wants plans in place 6 weeks before the bid opening date, and are asking for authorization to submit the projects to the DOT, that their intention is to start at the top of the lists and get as many in as can. On the revised listing have three (3) transportation enhancement projects, that they are going to be allocating approx. $8 million to the State of North Dakota for enhancement funds, and have put projects together under same assumptions as did street projects - mostly repair type work, and add those to the list. They have submitted some preliminary plans on preliminary environmentals to the State of North Dakota, and that this will be major log-jam for the DOT to process and want to be at the front end of the jam.

It was moved by Council Member Bakken and seconded by Council Member Bjerke that the recommendation be approved, and to refer to the Service/Safety Committee any additional changes to the project listing with power to act. Carried 5 votes affirmative.

NORTH DAKOTA LEGISLATIVE PRIORITIES

The staff report from the community/government relations officer relating to North Dakota legislative priorities, with recommendation to approve general position statements on priority areas for the 2009 session of the North Dakota State Legislature.

It was moved by Council Member Bjerke and seconded by Council Member McNamara to approve general position statements on items B (Transportation/Infrastructure Funding), D (Traffic Fine Authority), F (Red River Water Supply Project) and G (Home Rule Charter). Carried 5 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Kreun to approve statements on items A (Property Tax Relief/School Finance Reform), C (Extraterritorial Zoning), E (Renewable Energy/Energy Transmission), and H (University Related Support). Carried 4 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE 2009 SPECIAL EVENTS PROGRAM

The staff report from the director of urban development relating to 2009 Special Events Program, with recommendation to approve funding recommendations for 2009 Special Events Program as follows: Grand Forks Park District (Prairie Rose State Games), $5,000; Special Olympics ND (State Soccer/Bocce Tournament), $3,500; Northern Plains Potato Growers Assoc. (Potato Bowl USA), $4,500; The Chamber (Cats Incredible), $2000; GGF Soccer Club (Grand Cities Soccer Tournament), $4,000; North Valley Arts Council (Grand Cities Art Fest), $16,000; GGF Sertoma Club (July 4th Festival), $16,000; YMCA (Road Races), $4,000; GGF USBC Women's Bowling Assn. (State Women's Bowling Tournament), $2,800; U.S. Cross-Country Racing (Grand Cities 100-Snowmobile Race), $3,000; Friends of First Night GGF (First Night GGF), $8,500; Northern Hockey Unlimited (6th Annual Midget/Bantam Hockey Tournament), $5,000; The Chamber (East Grand Forks 125th Celebration in 2012), $7,000; GF County Historical Society (Chautauqua 2009), $3,000; GF, RR & South Forks Lions Clubs (Christmas in the Park), $1,000; Blues on the Red (Blues on the Red), $8,700; Town Square Farmers Market, $7,000; GGF Young Professionals (Chili Cook Off & Artsee April), $3,000; Urban Development (Administration - about 5%), $5,697; for a total allocation of $109,697.

Council Member McNamara stated this is the first of 4 separate requests that the City of East Grand Forks is making to the City of Grand Forks for funds for their 125th Celebration and wants to make sure that the citizens are aware of that. Mr. Hoover stated that the Chamber proposed in their application a request of $12,500 each year for 4 years, including this year for a total of $50,000; and that each of those proposals would be evaluated in coming years on their merits.
It was moved by Council Member Kreun and seconded by Council Member Bakken that the recommendation be approved. Upon call for the question and upon voice vote, the following vote in favor of the motion: Council Members Bakken, Kreun, Christensen - 3; and the following voted against the motion: Council Members Bjerke, McNamara - 2. President Christensen declared the motion carried.

APPROVE 2009 ARTS RE-GRANTING PROGRAM

The staff report from the director of urban development relating to 2009 Arts Re-granting Program, with recommendation to approve North Valley Arts Council's re-granting recommendations. Grand Forks County Historical Society, $600; East Grand Forks Heritage Foundation, $900; UND Writer's Conference, $4,200; Greater Grand Forks Community Theatre, $14,250; ArtWise, $10,900; North Dakota Museum of Art, $18,750; Greater Grand forks Symphony Orchestra, $17,250; Summer Performing Arts Company, $3,500; North Dakota Ballet Company, $7,500; Grand Forks Master Chorale, $2,500; Muddy Waters Clay Center, $1,895; Empire Arts Center, $5,000; North Star Quilter's Guild, $3,000; UND Art Dept., $3,000; North Valley Arts Council (administration), $16,452; for a total of $109,697.

Nicole Derenne, executive director, NOVAC, thanked council for support of arts in Grand Forks, and with their support they have been able to support a variety of arts performances, events and activities from educational and theatre, music, classical performing arts, etc.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 4 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE BILL LISTING

Vendor Payment Listing No. 09-02, dated January 13, 2009, totaling $810,554.41, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Bjerke 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 Bjerke, McNamara, Bakken, Kreun, Christensen - 5; voting "nay": none. President pro tem Christensen declared the motion carried and the bills ordered paid.

APPROVE MINUTES JANUARY 5, 2009

Typewritten copies of the minutes of the city council held on Monday, January 5, 2009 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Bjerke that the minutes be approved as read. Carried 5 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member McNamara stated that Service/Safety Committee did things to insure server training compliance and that alcohol through public establishments was regulated as best could and people working there were trained as best could, and that due to several major incidents re. minors drinking and that because 85-90% of alcohol provided to minors by friends and family members, asked Service/Safety Committee to go on record that minors drinking are not major concern but need to make an example of people that supply minors with liquor and how to achieve that goal. Council Member Bakken stated there is law in City Code re. contributing to the delinquency of minors.

ADJOURN

It was moved by Council Member Bjerke and seconded by Council Member Bakken that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
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Douglas A. Christensen, President pro tem