Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 21, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 21, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Gershman, Christensen, Bakken, Kreun - 5; absent: Council Member Glassheim - 1.
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.
Mayor Brown commented on various events during the past week and upcoming events:
He wished a welcome back to UND students and encouraged community members and businesses to give them a welcome back and let them know they are an important part of our community.
He stated they had a great meeting with some of the UND senators last week and looks forward to some of the plans and ideas that are coming out of their shared interest in working together for a strong cohesive community.
He stated on Friday he and President Kupchella welcomed UND students as they moved in and parents..
This past weekend was Ox Cart Days and Heritage Days around the region and Council Member Brooks represented the City.
Grand Forks will be host for the North Dakota Planning Association this week and a welcome to them.
Tomorrow the Stanley Cup will be in town at The Ralph beginning at 7:00 p.m., free to all, doors open at 6:00 p.m.
Wednesday will have the pleasure of the Cirque du Soleil's rock concert-circus show hybrid at the Alerus Center.
Gerald Neis, a member of the Friends of the Greenway, sponsor of the event,, addressed the council, stated he has been involved in two of the major events in the last couple weeks, welcoming students and encouraged them to greet the students as they come in. Last event was the Chili Cook-off and that the Herald stated that this was one of the memorable celebrations in Grand Forks, it also included the Catfish Days and Farmers Market all happening downtown (and on the greenway); that they had about 460 people sample chili that day, not only highlighting the greenway but highlighting a number of ingredients that go into recipes from this area (buffalo, pork, pinto beans, black beans, home grown tomatoes, brown sugar). He thanked a lot of people that were involved: Hugo's, Amides (harvesting equipment), Bush's Beans (about 60% of beans that they use come from this area), Forks Equipment (farm equipment), Alerus Financial, the Chamber. He noted that 25 teams were involved in the chili cook off (one was F3 from Warroad named after F3 tornado that went through town shortly before). He stated the Friends of the Greenway sponsored the event ad urged everyone to get out and enjoy the greenway.
PRESENTATION BY GREATER GRAND FORKS 5+5
COALITION OF HEALTH WORK SITE AWARD
Members of the Greater Grand Forks 5+5 Coalition formed by dietitians from Grand Forks Public Health and NDSU Extension Services to promote citizens to eat at least 5 servings of fruits and vegetables a day and to encourage exercise at least half an hour a day to promote health and prevent chronic disease, announced the first 5+5 Walk at Work award given to a group of employees from the finance department at City Hall, the award is in recognition of dedication to incorporate in physical activity into their work day, these employees use their coffee breaks as walking breaks toward the recommended amount of 30 minutes of physical activity per day. In recognition of this award their department will receive a healthy fruit and vegetable tray courtesy of the Greater Grand Forks 5 + 5 Coalition.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN THE R-3 (MULTIPLE FAMILY RESIDENCE, MEDIUM
DENSITY) DISTRICT LOTS M AND N OF REPLAT OF LOTS
C THROUGH I AND LOTS K AND L, BLOCK 1 OF REPLAT
OF LOT 1, BLOCK 1, O.J.'S ADDITION TO SEPTEMBER 18, 2006
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the R-3 (Multiple Family Residence, Medium Density) District, Lots M and N of the Replat of Lots C through I and Lots K and L, Block 1 of the Replat of Lot 1, Block 1, O.J.'s Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 17, 2006 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The acting city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
The staff report from Planning and Zoning Commission relating to request from Dakota Commercial on behalf of Drew Lenthe Enterprises, Inc. for final 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-3 (Multiple Family Residence, Medium Density) District, Lots M and N of the Replat of Lots C through I and Lots K and L, Block 1 of Replat of Lot 1, Block 1, O.J.'s Addition to the city of Grand Forks, ND (located in the 3600 and 3700 blocks of 13th Avenue North), with recommendation to continue the request until September 18, 2006.
Mayor Brown opened the public hearing
Council Member Kreun reported that the recommendation is to continue until September 18, 2006, as the developer was to meet with residents and bring back information to Planning and Zoning; and Mr. Gengler reported he received a revised site plan from Mr. Ritterman that decreased the density from 60 to 42 and is continuing to work with that and next week will try to schedule another neighborhood meeting.
It was moved by Council Member Christensen to approve the recommendation to continue the public hearing until September 18, 2006.and seconded by Council Member Kreun.
Council Member Christensen stated that at the Planning and Zoning Commission it didn't appear there was any support for anything larger than 36 units, to think about a planned unit development for this area, recognizing it is not 20 acres but would like to see something compatible for the neighborhood..
COUNCIL MEMBER McNAMARA REPORTED RPESENT
Council Member Kreun stated they do have a concern re. density and impervious surface but would entertain conversation between the developer and the residents to see what they come up with before making a decision, and will come back before Planning and Zoning Commission to make that recommendation.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative.
ADOPT RESOLUTION VACATING ALLEY IN BLOCK 4,
AND STREETS ADJACENT TO BLOCKS 1, 4 AND 5,
HUBERT'S ADDITION
The acting city auditor reported that pursuant to instructions by the city council after having received a petition to vacate an alley in Block 4 and streets adjacent to blocks 1, 4, and 5, Hubert's Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and introduce the following resolution which was presented and read: Document No. 8965 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
APPROVE TAX INCREMENT EXEMPTION FOR RIVERVIEW
APARTMENT PROJECT AND SET PUBLIC HEARING FOR
SEPTEMBER 18, 2006
The staff report from the city assessor relating to tax increment exemption, Riverview Apartments, North 3rd Street and 1st Avenue North, with recommendation to set a public hearing date on this matter of September 8, 2006 and direct the city attorney to draft appropriate documents relative to the request from MDI Limited Partnership #110 for a tax increment exemption for the Riverview Apartment Project for consideration at that time.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
ADOPT RESOLUTION AUTHORIZING ISSUANCE
AND SALE OF $1,465,000 GENERAL OBLIGATION PUBLIC
BUILDING BONDS, SERIES 2006B, CALLING FOR THE
SALE THEREOF
The staff report from the finance and administrative services director relating to authorize the call for bids and set sale date for $1,465,000 General Obligation Public Building Bonds, Series 2006B, with recommendation to adopt resolution relating to $1,465,000 General Obligation Public Building Bonds, Series 2006B, calling for the public sale thereof.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced the following resolution and moved its adoption: Document No. 8966 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kreun and upon vote being taken thereon the following voted in favor: Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the city auditor.
ADOPT RESOLUTION RELATING TO $7,320,000
REFUNDING IMPROVEMENT BONDS, SERIES 2006C; CALLING FOR THE SALE THEREOF
The staff report from the finance and administrative services director, relating to authorize the call for bids and set sale date for $7,320,000 Refunding Improvement Bonds, Series 2006C, with recommendation to adopt resolution relating to $7,320,000 Refunding Improvement Bonds, Series 2006C, calling for the public sale thereof.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced the following resolution and moved its adoption: Document No. 8967 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kreun and upon vote being taken thereon the following voted in favor: Council Member Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the mayor and his signature attested by the city auditor.
ADOPT RESOLUTION AUTHORIZING CALL OF CERTAIN
OUTSTANDING TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1997D
The staff report from the finance and administrative services director, relating to resolution calling General Obligation Tax Increment Bonds, Series 1997D, with recommendation to adopt the resolution authorizing the call of certain outstanding General Obligation Tax Increment Bonds, Series 1997D.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced the following resolution and moved its adoption: Document No. 8968 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kreun and upon vote being taken thereon, the following voted in favor: Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted, and was signed by the mayor and attested by the city auditor.
APPROVE BUDGET AMENDMENT FOR DEFINED
BENEFIT PENSION
The staff report from the finance and administrative services director relating to budget amendment for Defined Benefit Pension in the amount of $631,590.00, additional contribution needed for defined benefit pension plan, utilize excess wages within department budgets, and cover remainder with General Loan & Stabilization cash, with recommendation to approve the budget amendment.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE VARIOUS CODE CHANGES TO AMEND
LICENSE AND PERMIT FEES
The staff report from the finance and administrative services director relating to various code changes to amend license and permit fees, with recommendation to introduce various ordinance amendments to change license and permit fees effective for calendar year 2007.
Council Member Gershman stated that we are the only major city in North Dakota to charge a journeyman license for either electrical or plumbing, that we do charge for masters' licenses, and doesn't think it is necessary to charge for the journeyman licenses, and moved that we eliminate the journeyman fee for electrical and journeyman fee for plumber. Council Member McNamara seconded the motion.
Bev Collings, inspections division, stated she wasn't sure why journeyman plumbers were licensed by the City and journeyman electricians were not except at the State level the plumbers were charged more for master's license than electrical, and the City to equal it out charged more at the city level for master electricians and they asked if they couldn't pay more for the city master electrician's license rather than pay for each journeyman, complicated because have a lot of electricians who work at a lot of different places, not just in the city of Grand Forks. She noted that mechanical is different as there is no state agency doing licensing and is run separately in each city, the State does license journeymen plumbers and journeymen electricians and State does uniform testing and pay a State fee; there is no program covering mechanical inspectors, either journeyman or master.
Leon Comeau spoke against the licensing of journeyman electricians:
Chad Benson noted that concern is the affidavit they fill out for any job in the city of Grand Forks, and 90% of fees paid to the State are reimbursed back to the City of Grand Forks, that he is fine with paying the master electrician's fee at $150.00 but not in favor of journeymen paying a fee; no way for them to recoup that money, and would like fees for journeymen electricians and plumbers removed.
Council Member Gershman clarified his motion, that is to approve all of the other fee increases with the exception of electrical journeyman and plumbing journeyman fees, which they would like removed..
Ms. Collings stated the electrical certificate fee is a permit fee on each job and is written directly to the State and the State sends 90% of the money back to the city for inspection, State keeps all of the license fees for electricians and plumbers, etc.
Council Member Kreun stated that is used for the inspection fees and helps off-set our cost but also provides a service for the person that buys the building permit and electrical inspection, and called for the question.
Upon voice vote, the motion carried 6 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to the establishment of various fees and charges", which was presented, read and passed on its first reading.
APPROVE AMENDMENT NO. 1 TO UTILITY RELOCATION
AGREEMENT FOR PROJECT NO. 5674
The staff report from the engineering department relating to Amendment No. 1 to Utility Relocation agreement for Project No. 5674, Columbia Road and 24th Avenue South intersection relocation, with recommendation to approve Amendment No. 1 with Minnkota Power for reconfiguration services in the amount of $28,220.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 6039, DISTRICT NO. 295
The staff report from the engineering department relating to creating special assessment district for Project No. 6039, District No. 295, watermain on North 48th Street (1600 - 1800 Block), with recommendation to create the assessment district, approve engineer's report, including estimate of cost, an assessment district map; and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.
Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 8969 - Resolution.
The acting city auditor presented and read the engineer's report on Watermain Project No. 6039, District No. 295: Document No. 8970 - Report.
Council Member Bakken introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8971 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 6039, District No. 295, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6023, DISTRICT NO. 451
The city engineer's estimate of total cost of the construction of sanitary sewer for Columbia Park 32nd Addition in the amount of $302,746.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6023, District No. 451, sanitary sewer for Columbia Park 32nd Addition, with recommendation to approve plans and specifications for the construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 8972 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 6024, DISTRICT NO. 294
The city engineer's estimate of total cost of the construction of watermain for Columbia Park 32nd Addition in the amount of $218,793.75, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6024, District No. 294, watermain for Columbia Park 32nd Addition, with recommendation to approve plans and specifications for the construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 8973 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6025, DISTRICT NO. 452
The city engineer's estimate of total cost of the construction of storm sewer for Columbia Park 32nd Addition in the amount of $69,309.45, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6025, District No. 452, storm sewer for Columbia Park 32nd Addition, 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 Bakken introduced the following resolution which was presented and read: Document No. 8974 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
APPROVE VARIANCE TO SUBDIVISION REGULATIONS
FOR LOTS 16, 17 AND 18, BLOCK 65. ALEXANDER AND
IVES ADDITION
The staff report from the Planning and Zoning Commission relating to request from William and Tina Eiseman for approval of a variance to the subdivision regulations for Lots 16, 17 and 18, Block 65, Alexander and Ives Addition for the purpose of varying the access restriction requirement for a collector street (loc. at 1518 8th Avenue North), with recommendation for approval of the request.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved. Carried 6 votes affirmative.
DETERMINE WHETHER CERTAIN PROPERTY LOCATED
IN BLOCK 24, ORIGINAL TOWNSITE IS SUITABLE FOR
CREATION OF AN URBAN RENEWAL DISTRICT BOUNDARY
FOR ESTABLISHING A TIF PROJECT
The staff report from the Planning and Zoning Commission relating to request from MDI Limited Partnership #110 for a determination as to whether or not the property described below is suitable for commercial development (Multiple-family structure) and that the site conforms to the permitted land uses within the Central Business District, and that the proposed commercial development is in conformity with the City's 2035 Land Use Plan as a whole and that the proposed project and location are appropriate for the approval of the creation of an Urban Renewal District Boundary for the purposes of establishing a TIF (Tax Increment Financing) project: the front 150 feet of Lots 1 and 2, Block 24, Original Townsite, also to include Lot A of the Replat of Lots 3 and 4, Block 24, Original Townsite, to further include additional lands adjacent thereto; with recommendation to accept the Planning and Zoning Commission's determination that the property is suitable.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved. Carried 6 votes affirmative.
APPROVE REQUEST FOR VARIANCE TO SUBDIVISION
REGULATIONS FOR THE WEST 57 FT. (REAR) OF LOT 11,
BLOCK 18, ORIGINAL TOWNSITE
The staff report from the Planning and Zoning Commission relating to request from Diamond E. Pipiles on behalf of Nancy Pipiles for approval of a variance to the subdivision regulations for the west 57 ft. (rear) of Lot 11, Block 18, Original Townsite, for the purpose of varying the access onto a minor arterial street (loc. at 514 University Avenue), with recommendation for approval of the request subject to Board of Adjustment approval of variances for the construction of a parking area.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE ORDINANCE AMENDING TEXT OF LAND
DEVELOPMENT CODE, CHAPTER XVIII, ARTICLE 2, ZONING,
RELATING TO SIGNS
The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204 Rules and Definitions relating to ground monument signs, shopping center ground monument signs, and unified shopping centers and Section 18-0301 Signs, with recommendation for preliminary approval of the ordinance, refer the ordinance back to Planning and Zoning Commission Sign Subcommittee for review and comments, and schedule a public hearing for September 18, 2006.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced an ordinance entitled "An ordinance amending Section 18-0204 Rules and Definitions relating to ground monument signs, shopping center ground monument signs, and unified shopping centers and amending Section 18-0301 Signs of the Grand Forks City Code", which was presented, read and passed on its first reading.
INFORMATIONAL ITEM
The Statement of Changes in Cash Balances as of July 31, 2006 was presented and read.
APPROVE BILL LISTING
Vendor Payment No.06-16, dated August 18, 2006, and totaling $1.217.985.54, were presented and read.
It was moved by Council Member Bakken and seconded by Council member Gershman that these bills and estimates be approved and the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES
Typewritten copies of the minutes of the council meeting held on Monday, August 7, 2006 were presented and read.
It was moved by Council Member Bakken and seconded by Council Member Brooks that these minutes be approved as read. Carried 6 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Brooks stated regarding the issue on tonight's agenda regarding property on 13th Avenue North, thanked Mr. Gengler for working with the developer and the neighborhood to get this resolved. 2) He reported that he had talked with the Airport Authority regarding mills and that he has their response and will distribute comments. 3) He stated he attended Heritage Days as Mayor Brown was unable to attend, that a number of us were born and raised in this area and our heritage is important.
2) Council Member McNamara reminded public that school starting this week, that he had an e-mail from a citizen about traffic signal not functioning properly, and thanked Mr. Grasser and Chief Packett for their quick response.
3) Council Member Kreun reminded that they have a Pension/Insurance Committee meeting on Thursday, August 24, and a Service/Safety Committee on Wednesday, at 4:30 p.m.
4) Council Member Gershman stated he has attended Farmers Market on Saturdays and suggested that it might be a good idea if Urban Development would look at possibly planting shade trees in the Town Square, vendors and people sweltering in the heat.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Candi Stjern
Acting City Auditor
Approved:
______________________________________
Michael R. Brown, Mayor