Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 15, 2010
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 15, 2010 at the hour of 5:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Bjerke, Grandstrand, Glassheim (teleconference), Gershman, Christensen, Sande, Kreun (teleconference) - 7.
President Gershman 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.
President Gershman commented on various items during the past week and upcoming events:
That we are now involved in a community conversation this week about the library and are hoping that everybody in the community weighs in with their opinions and ideas and that if you would like to participate, either write letters to the editor, call talk shows or go to speakupforyourlibrary.com and give your opinions and that the Library Committee will be looking at those and by mid or end of December should be able to use that information to come forth with ideas.
This is Alzheimer Awareness Month and read proclamation signed by Mayor Brown and asked citizens to visit www.alz.org/mnnd to get information and support and proclaimed November as Alzheimer's Awareness Month in our community.
EMPLOYEE RECOGNITION
President Gershman reported there were 3 employees who have reached employment milestones and recognized the following employees and thanked them for their dedication:
Dale Bergman, 25 years, public transportation
Jerry Molenaar, 10 years, public transportation
Robert Buelow, 5 years, police department.
YOUTH COMMISSION REPORT
Youth Commission members Kaitlyn Boley, junior at Central High School, and Joseph Lee, senior at Red River High School, gave brief history of the Youth Commission, that what the Commission stands for is to provide a voice for youth and to give them a say in the community; and reviewed some of their activities and have considered getting a center together for the youth and have given out surveys to see what they would want involved in this. It was noted that they also talked about texting while driving and their goal now is to educate the youth about the effects of texting while driving; and as one in the 100 Best Community for Youth are still in the process of how to use the award money.
ADOPT ORDINANCE NO. 4310, RELATING TO FLOODWAY AND FLOODPLAIN DISTRICTS
An ordinance entitled "An ordinance amending Section 18-0204(2) of the Grand Forks City Code relating to definitions and amending Section 18-0220 relating to floodway and floodplain districts", which had been introduced and passed on its first reading on October 18, 2010 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Building and Zoning Administrator relating to request from the engineering department, building inspection division, on behalf of the city of Grand Forks for final 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 Section 18-0204 relating to rules and definitions and 18-0220 F-1 (Floodway) and F-2 (Floodplain) Districts, with recommendation to give final approval to the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Sande that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. President Gershman declared the ordinance adopted.
ADOPT ORDINANCE NO. 4311, AMENDING THE
COMPREHENSIVE PLAN, CHAPTER XVIII, ARTICLE 8,
SECTION 18-0802, ELEMENTS, PERTAINING TO GRAND
FORKS YEAR 2035 LAND USE PLAN UPDATE
An ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks Year 2035 Land Use Plan Update", which had been introduced and passed on its first reading on October 18, 2010, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the planning department relating to request from the Grand Forks Planning Department on behalf of the city of Grand Forks, ND for final approval of an ordinance relating to the comprehensive plan, amending Chapter XVIII, Article 8, Comprehensive Plan, Section 18-0802, Elements, of the Grand Forks City Code of 1987, as amended, pertaining to the Year 2035 Land Use Plan (Map Amendment No. 4 - Wellness Center Village), with recommendation to give final approval to the ordinance.
It was moved by Council Member Grandstrand and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. President Gershman declared the ordinance adopted.
PULL SEVERAL AGENDA ITEMS
President Gershman pulled the item relating to the Park District's request for partnership with the City
regarding Health and Wellness Center Project and asked that that item be tabled during the community conversation, let the community weigh in and time for that later.
It was moved by Council Member Grandstrand and seconded by Council Member Sande to table this matter for 30 days. Carried 7 votes affirmative.
He also asked that the items requested from AE2S on behalf of Turning Point, LLCfor final approval of replat of Lots C and D, Block 1, McEnroe Second Resubdivision and request for annexation of those particular lots and parts of Garden View Drive and Ivy Drive adjacent thereto and parts of SE Quarter of NW question of Section 8, T151N, R50W of 5th P.M. be tabled as the developer has so requested.
It was moved by Council Member Sande and seconded by Council Member Kreun to table this matter. Carried 7 votes affirmative.
Council Member Bjerke asked to suspend the agenda to move the item relating to notice of negotiations for potential acquisition of property near the new solid waste landfill to the end of the meeting in case the item should go into executive session. He then moved that this matter be moved to the end of the meeting, seconded by Council Member Grandstrand. Carried 7 votes affirmative.
APPROVE UPGRADE OF FINANCIAL MANAGEMENT
SOFTWARE
The staff report from the finance department relating to financial management software upgrade, with recommendation to approve was presented and read.
It was moved by Council Member Bjerke and seconded by Council Member Sande that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE BIDS FOR CORPORATE CENTER PANEL
REPAIRS
The staff report from the director of urban development relating to bids for Corporate Center panel repairs, with recommendation to authorize award of contract to low bidder.
Greg Hoover, urban development, reported one bid had been received from Structures, Inc. and that bid was $550,170, which is below the engineer's estimate of $610,000, with funding from Fund 5996.
It was moved by Council Member Grandstrand and seconded by Council Member Bjerke that the recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ADOPT RESOLUTION FOR QUIET ZONE AND ISSUANCE
OF NOTICE OF INTENT FOR NORTH 55TH STREET
The staff report from the engineering department relating to resolution for North 55th Street Quiet Zone and additional financial and procedural quiet zone items; with recommendation to approve the following items: resolution for Quiet Zone and issuance of the notice of intent for North 55th Street Quiet Zone; North Dakota Department of Transportation Rail Crossing Grant application; and processing of the Grade Crossing Signal Installation Agreement with BNSF subject to review by city attorney; consolidation of the quiet zone implementation; and request to Burlington Northern to complete the 55th Street crossing work by June 1, 2011. Document No. 9306 - Resolution.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved and the resolution adopted. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE METROPOLITAN PLANNING ORGANIZATION
2011-2012 WORK PROGRAM
The staff report from the engineering department relating to recommendation for the Metropolitan Planning Organization 2011-2012 Work Program, with recommendation to approve the recommendation.
Council Member Christensen stated this is a rather extensive document but wants the council to be aware that the planning process beginning of renovation of the long range transportation plan amendment seems to be continually in the que as transportation planning in this community and if could get away from that rehabilitation of the underpass and try to get it refocused on 42nd Avenue for the RR crossing and the problem at that intersection - develop an underpass or overpass there and not sure what the process is other than once it gets in the que it is very hard to change it because the Department of Transportation involved and we should debate that to see if we can change this and get staff and MPO to be focusing on the underpass as opposed to renovation of the underpass or repair on Washington, and it appears that we are now in roundabout designs and right of way studies in the community and if that should be debated before starting a 3 to 5 year plan - not sure if approve this work program of 2011 and 2012.
Al Grasser, city engineer, reported that these are studies of items that they would be asking the MPO to do, have had some feedback with the DOT and Federal Highway in regards to the Roundabout Design and Right of Way Study, and they have determined that that is two projects specific and not planning orientated, that this is a wish list and they will sort them through.
Council Member Christensen questioned why the Downtown Grand Forks Parking and Parking Assessment Study was moved into the MPO when they have been trying to get something from Urban Development Office on this for at least 6 to 9 months, that it delays what we need to get done, and what get out of MPO in doing this study. Mr. Grasser stated he wasn't familiar with the background on this, that this was forwarded through Urban Development and reason is to get some expert analysis, that MPO can bring consultants on board and use federal monies so it doesn't cost local dollars to do some of those studies - results of those studies will come back once the MPO and the State have had a chance to analyze this list, they may end up deleting some of these items and doesn't have dollars assigned to them at this point, only a wish list of things to look at and they are in priority basis, that Council Member Bjerke in Service/Safety did talk about moving the East Grand Forks Traffic Interconnect up to item 3 which they were going to do administratively.
Mr. Hoover reported that item was contained in the listing was a joint decision by the planning director and himself that they have found in their research is there are a number of other possibilities re. formula and felt that be brought forward by consultant and discussion re. what is the appropriate amount of parking, esp. surrounding the civic redevelopment and should they have x number of cars per residential unit, etc. and thought it best to go out and get that, that he talked to Mr. Haugen, MPO, and he thought that we would be able to have done and completed by April, 2011.
Council Member Christensen stated that will probably be deleted by the State at this juncture but that won't delay us from beginning the process because we have to get it done for the people downtown, that they are continuing to pay assessments for the parking ramp and for on-street parking adjacent to their buildings, and will move that to the finance/development committee so they have some input as to what they want studied before launching the study.
It was moved by Council Member Christensen and seconded by Council Member Grandstrand that this recommendation be approved (and referred to finance/development committee). Carried 7 votes affirmative.
APPROVE FEDERAL TRANSPORTATION FUNDING
REQUESTS
The staff report from the engineering department relating to Federal Transportation funding requests, with recommendation to approve as ranked in attached lists: Federal Aid Project requests for construction years 2012 to 2015; 2011 Safe Routes to School applications; and 2011 Transportation Enhancement application; and direct staff to submit approved lists to the Grand Forks/East Grand Forks Metropolitan Planning Organization (MPO) for preparation of the 2012-2015 North Dakota State Transportation Improvement Program (STIP).
Council Member Bjerke moved to approve the recommendation with one change, that the 2014 project, DeMers Avenue, South 48th to 55th, be moved to 2013 and to put 2013 project (Lincoln Drive) back to 2014. Council Member Kreun seconded he motion.
Council Member Christensen stated his comment was for the underpass, which is North Washington Street reconstruction to DeMers Avenue and includes underpass at $15 million, and asked how can that be redirected to 42nd Avenue or if it is too late to have it redirected - there isn't much development north of the underpass and questioned that amount of money being spent and if can be redirected to 42nd Avenue and would like that focused on rather than continually wanting to fix up an underpass and not sure why that would have to be repaired rather than solving our traffic problem on 42nd.
Mr. Grasser stated the situation between those two projects is that they come under different funding pools - the Washington Street underpass is a regional roadway system and those roadways are identified and pursued by the NDDoT primarily through our District Engineer's Office and is State money; and the 42nd Street project, underpass/overpass is all urban money, money is assigned to the City, and the funding sources don't swap between the urban and the regional, non-competing with each other - can't change because of the funding source. He stated his suggestion is that work with our legislators this year to try to get some more regional money onto the 42nd Street grade separating crossing project as it is really too big for us to digest with urban monies, the amount of money for the project would take 6 or 7 years worth of funding.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
AWARD BID FOR PROJECT NO. 6594.2, TOWER FOR
PSAP ADDITION PROJECT
The staff report from the engineering department relating to bids for Project No. 6594.2, tower for PSAP addition project, with recommendation to award contract to low bidder, Sabre Communications Corporation, in the amount of $141,409.00.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE RECOMMENDATIONS TO CLARIFY CITY'S
STANCE ON WATER DEVELOPMENT FUNDING
STRATEGIES
The staff report from the director of public works and the water utility superintendent relating to Grand Forks water treatment plant (WTP) funding development, with recommendation as follows: Given the funding program and concerns stated herein and the outlook at both the state and federal levels, it is recommended that the city council pass the recommended action at this time to clarify the City's stance on the following water development funding strategies:
*The City of Grand Forks encourages the North Dakota (ND) State Legislature, with the support of the ND State Water Commission (SWC), the Garrison Diversion Conservancy District, and the ND Water Coalition, to generously fund the MR&I Program through the SWC for the 2011-2013 State Biennium, inclusive of all three primary facets of the program (Municipal, Rural, and Industrial Water Supply) and the specific City of Grand Forks request for $1,726,234.
*Considering the role our Water Utility serves in providing adequate high quality water supply to all three facets of the MR&I program, the City of Grand Forks requests a cost share of 25% at both the state and federal levels for all phases of the proposed new WTP project.
*In the event that the anticipated federal earmark is not secured in the 2011 federal budget and federal funding is not available in the future, the City desires consideration of a state cost share of up to 50% for all phases of the proposed new WTP project.
Council Member Christensen stated for public information that this is beginning the process of using the money we have in various funds for our water treatment facility and will be in the area between $115 and $140 million dollars, will get into this as to where we find the sources of money to pay for it, but 50% federal, 25% state and 25% local.
Todd Feland, director of public works, stated they have been planning for this initial round at cost of approx. $100 million project and contingency if build it today, trying to project out to 2015 to 2107 and that's when talk about $120 million. He stated that they are now doing some pilot testing and refining some of their costs and will come back to city council next summer with treatment frame they would like, size, and a more refined cost, and in the interim as part of making this project a go is that have a continued funding development and important that the state legislature will be meeting starting in January and they are asking for request for the MR&I Program (Municipal, Rural and Industrial), to fund it 25% up to 50% and that we are competing with many other interests out there, from Fargo to Williston and many places in between - thinks we have a good project, have received some positive words on our multi-money approach - and that we are asking for a smaller amount now knowing that in later years, will ask for larger chunks from the State of North Dakota - that this will be a continual process and will work with the city council.
Council Member Christensen stated what is going to be transpiring in the next several years is to begin raising the water rates, went through that exercise last budget session when we decided to fund a bit of our general government with some of our enterprise funds - we have had a study and are going to update that study on the rates so we can begin a smoothing process of raising the water rates over the next 3 to 5 years - to develop a fund so we have money to do some of the studies that we are approving, one will be a gradual process to see increase in rates incrementally compounded over the next 3 to 5 years so we get to a position where we can fund whatever bonds we have to fund to pay for this water treatment facility, and in the meantime don't know what level of funding we are going to get from the State.
Council Member Kreun stated if look at the MR&I which Mr. Feland indicated that we need to have full participation and full backing of our city council to go to the State and ask for their participation. He stated that if you look at what they are recommending and if we pass that, will give full support from the council to go forward and ask the State, we also have to go through the Water Commission, Water Coalition, Garrison Diversion and through the Governor's budget and what this does is give full support from our city council to ask all of those entities to get in the que for the next 3 biennium's to help fund this project.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE DIAL-A-RIDE/SENIOR RIDER REQUEST FOR
PROPOSAL
The staff report from the director of public works and from the public transportation services relating to Dial-A-Ride/Senior Rider request for proposal, with recommendation to 1) Select Option C from the Grand Forks Taxi Request for Proposal less the ten percent profit desire for an initial total cost of $11.45. Option C provides for the City to perform reservations/dispatching, maintenance, fueling, and storage of City vehicles. 2) Increase the rider per ride cost to the current maximum allowable of $3.00 per ride (currently $2.875) and complete required public notices and meetings regarding this rate increase with the goal of implementing the per ride increase in January 2011. 3) Purchase a Paratransit Route Match Dispatching Hardware, Software with related installation and training in a total amount of approximately $160,000 via a City of Fargo joint purchase. The Route Match system will be funded from Federal Transit Administration FY 2009 5309 Capital Grand and broken down as follows: $128,000 (federal funds), $32,000 (local funds), and $160,000 (total costs).
Council Member Bjerke stated that we have had a massive increase in senior rides from 2006 to 2010 and it is our choice to do that as it is not a required program; from 2010 to 2011 in anticipation of what we knew was coming the budget was increased 41% from $325,000 to $458,000, but actual cost is going to be much more than that - $480,000 to dispatching, which means you are adding employees, to $60,000, fuel est. at $35,000, and maintenance, $25,000 - so total cost is going to be $600,000 and this program, although we increased it 41%, still going to be 25% over the 41% we increased it. The budget, in a 2-year timeframe, and in 2010 was projected at $325,000 and next year will be $600,000 and that is an increase of 85% in one year. The two dispatchers are to be contract positions but down the road will have to make them city employees including what that entails, and that figure will increase also. In summary two points, do have a cash balance to pay for this massive increase, and that you have a decision to make - that this is going to go up. This will get worse and go through balance in a few years and should look at this.
Mr. Feland stated in the 2011budget they did predict that they would have a substantial increase in the Dial-a-Ride Senior Rider, that they had a very good bid from the previous provider and perhaps that was unsustainable for the service provided to do that - that if look at cost of ride for the way proposing is in the $12 to $13 per ride cost and we have what the market is per ride for service - that they have always done cost containment strategies and that is what did for Senior Rider and have had a very good run under the council's leadership when they combined these two services - this is a cost increase but we have built up our cash reserves by saving money over the years and need to make some adjustments and over the next year will be working with the MPO and East Grand Forks to come up with some solutions and bringing down some of the costs - remove Senior/Rider from 55 to 62 years of age and that will change some things, and part of what proposing cost per ride from $2.75 to $3.00 and over time that can certainly go up so the riders pay a different share and that is going to do some cost containment ramifications also as we move that up - we do have a good service, it is true it has gone up and we do have a cash reserves and if we can move forward with this, would come back within the next year with some solutions to curb some of those issues.
Council Member Sande stated that if Mr. Bjerke's numbers are correct and did increase the budget by a little over 40% for this year, we are going to be short 25%, and asked if planning on funding that with the surplus funds that you have and that would be draining your reserves. Mr. Feland stated they would.
Mr. Feland stated reserves are $493,000, and Mr. Christensen asked if they plan on funding the ridership with the reserves for four years or one year; - Feland stated his goal would be that immediately going to fund out of the reserves but hopefully in 2012 can look at the service whether through combination of cost containment things and also looking at some of the ridership fare, would come back so they don't spend down the cash reserves much more than what going to do this first year.
Council Member Christensen stated why not begin the pain by raising your rates now, using your reserves to pay for some of your buses, etc. and if we bid this out to service provider, why wouldn't we fund the dispatching. Mr. Feland stated the reason why they decided to do that is looking at their bid can do it at less expense then they can, they are charging $77,000 to dispatch and we can do it for $60,000 - in order to make some real substantial changes if we know what is going on day to day and that is why we decided to reduce the hours for dispatching and making reservations to our regular facility knowing if the bids came in really high that we would have the ability to have staff do this and have a better way to make recommendations through next year. He stated we have to provide the Dial-A-Ride service because that is complimentary to our fixed routes city bus service, the senior rider service is something the City elected to do and very good service - we just combined them for efficiency sake 10 years ago.
Council Member Christensen stated this is a 5-year contract - how make corrections if awarding contract to someone. Mr. Feland stated 5-year RFP but each year have to come back to approve what the cost per ride is going to be, how running service - they are service provider. Another part of the contract is where you would work with the provider to make changes and as long as both agree that these immediate changes need to be made we will keep coming back and part of partnering with the service provider and when suggest changes they are on board and mutually beneficial to everybody.
Council Member Christensen asked cost of funding per ride per senior. Mr. Feland stated at what proposing right now the total cost in 2011 would be $11.45 with rider paying $3.00 and City paying $8.45 with funding from Dial-A-Ride account - there is 1 mill dedicated for Dial-A-Ride and rest comes from State and federal funds and what the riders pay. That if anticipated budget is $600,000 of that amount 1 mill is $142,000 and rest is largely federal funding, State over last 2 biennium has contributed more for public transit funding in particular senior rider and dial-a-ride. He stated that with our revenues and expenses we don't have enough federal, state and local money to pay for that in short term and if continue with this, spend down our cash reserve $100,000/year and won't let that happen.
Council Member Bjerke stated 38% of senior riders, 63,672 for 2010 projection and looking at chart see number of senior rider increases every year and when do cost containment if senior rider is not mandated why would $3.00 be mandated so that you could have two prices. Mr. Feland stated could look at that.
Council Member Grandstrand stated that perhaps want to make motion to ask to look into testing and separating the price to see what that would take of the senior rider, Mr. Feland stated that if suggesting bringing back the whole menu of options that are available that is reasonable and could be incorporated into the City of Grand Forks' system. He stated they would work with MPO and if work on it in the first quarter, you will have final report as part of your budget deliberations in May.
It was moved by Council Member Grandstrand and seconded by Council Member Sande that this recommendation be approved. Upon call for the question and upon voice vote, the following voted "aye": Council Members Grandstrand, Glassheim, Gershman, Sande, Kreun - 5; voting "nay": Council Members Bjerke and Christensen - 2; President Gershman declared the motion carried.
APPROVE SALE PRICE OF REAL ESTATE PROPERTY
AT 5702 70th AVENUE NORTH
The staff report from the director of public works relating to matter of sale of real estate property at 5702 70th Avenue North, with recommendation to approve the multiple real estate listing of 5702 70th Avenue North as reviewed and approved by the city attorney's office, and that the city staff, based on review of city assessor's recommendation of listing price of $190,000 for the real estate property.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Carried 7 votes affirmative.
AUTHORIZE SALE OF SURPLUS PROPERTY AT PUBLIC
WORKS
The staff report from the director of public works relating to Public Works Department surplus property, (various equipment from wastewater treatment division, stormwater division, streets division, cities area transit division and sanitation division) with recommendation to declare the equipment surplus and authorize staff to proceed with the sale of equipment according to established policies and procedures.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE RENTAL OF EQUIPMENT FOR STREET/
SANITATION DIVISIONS
The staff report from the director of public works and the street superintendent relating to Public Works Department, street/sanitation division equipment rental, with recommendation to approve equipment rental of two motor graders from Butler Machinery Company at a rental rate of $2,558.81/mo. each for 12-month period with option to renew for up to 24 additional months.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ACCEPT BIDS FOR EQUIPMENT FOR SANITATION
DIVISION
The staff report from the director of public works relating to sanitation division equipment - front-end load bid #2010-68 and landfill compactor bid #2010-66, with recommendation to accept bids for sanitation division front-end loader in the amount of $249,651.35 from RDO Equipment and landfill compactor in the amount of $432,360.00 from Titan Machinery per bid tabulation.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ACCEPT BIDS FOR FURNITURE AND SEATING AT
PUBLIC WORKS FACILITY
The staff report from the director of public works relating to Public Works facility furniture and seating bid #2010-69, with recommendation to accept bids for furniture and seating per bid tabulation: Gaffaney's Office Solutions of Grand Forks in the amount of $111,841.79.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE FINAL PLAT OF CENTRAL HIGH SCHOOL ADDITION
The staff report from the planning department relating to request from CPS, Ltd. on behalf of the Grand Forks Public School District for final approval of the plat for Central High School Addition to the city of grand Forks (located at North 5th Street between University Avenue and 1st Avenue North), with recommendation to give final approval to the plat subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, DeMERS SEVENTH ADDITION
The staff report from the planning department relating to request from CPS, Ltd. on behalf of Overpass Investors, L.L.P. for final approval (fast track) of the Replat of Lot 1, Block 1, DeMers Seventh Addition to the city of Grand Forks, North Dakota (located north of DeMers Avenue and east of North Columbia Road), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include a variance from Section 18-0907 Layout of Additions and Subdivisions, Subsection (7), Lots (E) Frontage, and a variance from and Definitions, Subsection (2) Definitions; definition of a minor subdivision.
It was moved by Council Member Sande and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE PELIMINARY PLAT OF REPLAT OF LOT 13,
BLOCK 1, DANKS SECOND RESUBDIVISION
The staff report from the planning department relating to matter of request from Advanced Engineering and Environmental Services, Inc. (AE2S) on behalf of Keith D. Danks, Sr.. for preliminary approval of the Replat of Lot 13, Block 1, Danks Second Resubdivision to the city of Grand Forks, ND (located at South 43rd Street and 8th Avenue South), with recommendation to give preliminary approval to the plat , subject to the conditions shown on or attached to the review copy.
Council Member Christensen reported this matter was discussed extensively at Planning and Zoning Commission but wanted more information on the plat specifically to the proposed locations of the changes to the Danks Addition depending upon an underpass/overpass off ramp which was not included on the plat - that all the materials concerning the underpass/overpass off ramp on 42nd will be noted on the plat so that in the future people would be aware of underpass/overpass or secondary off ramps. .
Mr. Grasser stated this is preliminary replat and idea was to have the surveyors put those notes on plat before it comes back to Planning and Zoning and to city council. Council Member Christensen stated should be included in conditions shown on the review copy; and included in planning and zoning comments and will follow through.
It was moved by Council Member Christensen and seconded by Council Member Bjerke that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE R-4 (MULTIPLE FAMILY RESIDENCE
, HIGH DENSITY) DISTRICT LOT F, BLOCK 1 OF REPLAT OF
LOTS A, D AND E OF REPLAT OF LOT 2, HANSEN'S
ADDITION; LOTS 2, BLOCK 1, BOYD'S ADDITION AND
LOT 1, BLOCK 1, HANSEN'S ADDITION
The staff report from the Planning and Zoning Commission relating to request from Mike Opp on behalf of Jim Hansen and Hansen Chrysler Properties, LLP 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 Residence, High Density) District, Lot F, Block 1 of the Replat of Lots A, D and E of Replat of Lot 2, Hansen's Addition; Lot 2, Block 1, Boyd's Addition; and Lot 1, Block 1, Hansen's Addition, all to the city of Grand Forks, ND, with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and a public hearing for December 20, 2010, and to include limiting density and impervious surface by ordinance and a traffic study between preliminary and final approval of he request for rezoning, and that staff work with the developer on the issues discussed.
Council Member Christensen reported that he had asked Planning and Zoning to have a traffic study, that in the past had people concerned about traffic, primarily on Stanford Road, that they will be giving preliminary approval this evening.
Brad Gengler, city planner, reported next step will be public hearing before Planning and Zoning the first Wednesday in December, that notifications will go out and in the meantime will continue to work with the developer on details of the project, after Planning and Zoning meeting it will come back to the city council for final approval. He stated his department will do the 400 ft. notification, otherwise the standard public notification of notices to the Herald and other legal requirements is procedure they would follow.
It was moved by Council Member Christensen and seconded by Council Member Sande that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
Council Member Christensen 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 B-3 (General Business) District and to include within he R-4 (Multiple Family Residence, High Density) District, Lot F, Block 1 of the Replat of Lots A, D and E of the Replat of Lot 2, Hansen's Addition; Lot 2, Block 1, Boyd's Addition and Lot 1, Block 1, Hansen's Addition all to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
NEGOTIATE POTENTIAL ACQUISITON OF PROPERTY
NEAR NEW SOLID WASTE LANDFILL
The staff report from the director of public works, relating to notice of negotiations for potential acquisition of property near the new solid waste landfill. (The city council may convene in executive session pursuant to North Dakota Century Code Section 44-04-19.1 and 44-04-19.2 to prove negotiation strategies and/or instructions regarding the potential acquisition of property.)
President Gershman reported that they held an executive session last week with public notice and did come back with an offer accepting the appraised value of the Jose home, moving expenses of $5,000 and agreed to the $40,000 assessment for the work shed in the back.
Council Member Christensen asked if the appropriate motion to approve the $190,000 and moved that as a motion; Council Member Bjerke seconded the motion.
President Gershman stated the José's were here last week and that some council members have been concerned that they don't know exactly what you are asking for, and asked if they could be more specific because they did give them the appraised value of your home.
Steven Jose stated that the council was under the assumption that they were getting the entire $190,000, they are not, the $40,000 will go back into the business to put up a warehouse for that business, the shop that they were talking about that he needs to replace is his personal shop - and that is where coming up short as to replace that and replace their home - have request for 20% more above the $145,000 and hoping council will approve that - his father is owner of the back lot, Central Motor Home Repair, and that the shop that he is concerned about replacing is his personal shop where he maintains his snowplow, truck, etc. There is access only to the front lot - no access to the back lot.
Council Member Christensen asked if the back lot is subdivided as talking about Lot 1 and Lot 2 - Mr. Jose stated his father owns the back lot and that his father will accept the offer the City has made for the back lot, $40,000. Mr. Christensen stated that they have offered $140,000 plus $5,000 for moving expenses - that have paid the full value for both parcels plus the moving expenses and not sure what else they can do, and asked what basis do we have to pay more than the appraised value. Mr. Jose stated they have been living there for 25 years and are looking for a little compensation like they did for their neighbors, that the house they are looking at buying is an older home than what they have, and in need of some repair - need to do a lot of construction work and looking for a little help.