Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 19, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 19, 2007 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, 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.
Mayor Brown commented on various items during the past week and upcoming events:
Congratulations to UND and their football team and also that Thursday, Thanksgiving Day, City Hall is closed and will be open for business as usual on Friday.
BROADBAND CONNECTIVITY PRESENTATION
This item was delayed with scheduling at a later date.
ADOPT ORDINANCE NO. 4207, AMENDING COMPREHENSIVE
PLAN PERTAINING TO THE GRAND FORKS-EAST GRAND
FORKS 2030 TRANSPORTATION 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-East Grand Forks 2030 Transportation Plan Update", which had been introduced and passed on its first reading on October 15, 2007, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing.
Earl Haugen, Grand Forks-East Grand Forks Metropolitan Planning Organization, reported they were to do a brief presentation of what the 2035 Transportation Street and Highway Plan recommendations are, that they started this process several years ago with the update of the City's Land Use Plan in both Grand Forks and East Grand Forks, that took until May of 2006 and they moved into updating the Transportation Plan. The staff report included in the packet, they held a public hearing at the Grand Forks Planning & Zoning Commission on November 7, 2007, no one appeared before that body to speak, and the Planning Commission recommended unanimously for council to adopt the plan as presented tonight. He presented Mr. William Troe, Transportation Planner with URS Corporation, who along with their sub, Houston Engineering, assisted us in this process, will make a brief presentation.
Mr. Troe presented recommendations that are included within the Street and Highway Element of the Metropolitan Area Long Range Transportation Plan; and reviewed the study process of where we are at today, that they held public meeting to gather input and included a survey to ask what their transportation issues were within the region; that they worked with the University and came up with traffic forecasts that included land use development scenarios. He stated they reviewed where the issues are today, forecast the traffic out to the year 2035 and those are the areas they see transportation issues growing. He also noted that in working through that process of new interchanges, improving other roadways and trying to create diversion routes, adding new river crossings, and as working through that process looking at the dollars that we have to spend because this Transportation Plan has to be cost constrained, have to make it balance as closely as we can; and through each of the processes had public meetings, provided information to the public through the website and provided as much information as we could. He reviewed what is in the recommended Plan. First thing is the Transportation Improvement Program, which is the short term needs and hopefully implemented within the next 4 or 5 years, vast majority already funded or funding is being worked on. Fundable Improvement Plan, these are projects which are between now and 2035 we anticipate there will be money in the system to pay for; and Identified Needs Plan, which are things identified as needs or ideas that we should continue to look at but don't have identifiable funding sources for them and want to keep them in mind so when updated in 5 years, make sure they are out there. He viewed map which displays the recommended planned projects broken into those TIP projects, divided into short term, mid term projects and long term projects.
He stated the total projects they have within our fundable plan for both sides of the river is about $220 million between now and 2035 that takes into account the Transportation Improvement Plan and also that we have to maintain the system, and we are only looking at those things that are outside of maintenance and that is dealt with through another process. He stated they have to be looking for more money from federal sources, state sources and local sources and the table included in the packet tells a little of that story as every year they are falling behind
There were no questions by the city council and Mayor Brown closed the public hearing.
The staff report from the Planning and Zoning Commission relating to matter of the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization to amend the Grand Forks Comprehensive Plan by amending the Grand Forks-East Grand Forks 2030 Transportation Plan Update, (2030 Street and Highway Element) together with all maps, information, recommendations and data contained therein, with recommendation to give final approval to the ordinance.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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 Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
Earl Haugen, MPO, reported that tomorrow evening East Grand Forks city council will be acting on the same request and on Wednesday the MPO Executive Board is scheduled to meet to finalize the process.
ADOPT ORDINANCE NO. 4208, AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF PEABODY'S SECOND ADDN.
An 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 Peabody's Second addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 15, 2007, 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 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.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Peabody Enterprises, LLC and Desoto Associates for final approval of the plat of Peabody's Second Resubdivision to the city of Grand Forks, ND (located at South 20th Street and 36th Avenue South), with recommendation to give final approval to the plat and final action on the ordinance, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4209, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF WILBUR-ELLIS
ADDITION
An 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 Wilbur-Ellis Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 15, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The 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.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and zoning Commission relating to the request from CPS, Ltd on behalf of Wilbur-Ellis for final approval of the plat of Wilbur-Ellis Addition to the city of Grand Forks, ND (located at Bacon Road and Mill Road), with recommendation to give final approval to the plat, subject to the conditions shown on the review copy, and to include final action on ordinance amending the Street and Highway Plan.
It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor brown declared the ordinance adopted.
ADOPT RESOLUTION VACATING NRLY. 15 FT.
SIDEWALK AND UTILITY EASEMENT IN LOT 3, BLOCK
1, PEABODY'S 1ST ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the northerly 15 foot sidewalk and utility easement in Lot 3, Block 1, Peabody's 1st 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 Bakken and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and that we introduce the following resolution which was presented and read: Document No. 9129 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.
APPROVE 2007 SIDEWALK WARRANTS
The staff report from the budget officer relating to 2007 sidewalk warrants, with recommendation to accept the recommendation to award 2007 sidewalk warrants in the amount of $105,000 to Wells Fargo Public Finance with interest rate of 4.68%, with total interest plus cost of issuance of $15,191.11.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENTS
The budget amendment for Interoperable Communications Grant for Police Grants in the amount of $3,947,807.35 into the 2007 budget, was presented and read.
The budget amendment for E-911 for portion of City match on Interoperable Communications Grant in the amount of $350,000.00, to be moved into 2007 budget, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Brooks that these budget amendments be approved. Carried 7 votes affirmative.
APPROVE CHANGE ORDER NO. 2 FOR PROJECT NO. 6076,
CITYWIDE TRAFFIC SIGNAL DETECTOR LOOP REPAIR
The staff report from the engineering department relating to Change Order No. 2 for Project No. 6076, Citywide Traffic Signal Detector Loop Repair, with recommendation to approve Change Order No. 2 for Strata Corporation in the amount of $10,887.00.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CHANGE ORDER NO. 1, PROJECT NO. 6078
2007 STORM SEWER REPAIRS
The staff report from the engineering department relating to Change Order No. 1 for Project No. 6078, 2007 Storm sewer Repairs, with recommendation to approve Change Order No. 1 in the amount of $15,715.00.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO. 6241,
WATERMAIN PROJECT NO. 6242 AND SEWER PROJECT
NO. 6243
The city auditor presented and read tabulation of bids which had been received and opened on November 13, 2007 for Sewer Project No. 6241, District No. 459; Watermain Project No. 6242, District No. 299; and Sewer Project No. 6243, District No 460, sanitary sewer, watermain and storm sewer for McEnroe 1st Addition, indicating that Molstad Excavating was the low bidder based upon their bids in the amounts of $79,371.00, $62,390.00 and $61,021.00, respectively, for a total combined bid of $202,782.00: Document No. 9130 - Bid Tabulation.
The city engineer's estimates of total cost for Project No. 6241, Sewer District No. 459; Project No. 6242, Watermain District No. 299; and Project No. 6243, Sewer District No. 460, in the amounts of $ ,
$ , and $ , respectively, were presented and read.
The staff report from the engineering department relating to consideration of bids for Project No. 6241, Sewer District No. 459, Project No. 6242, Watermain District No. 299, and Project No. 6243, Sewer District No. 460, sanitary sewer, watermain and storm sewer for McEnroe 1st Addition, with recommendation to award contract to low bidder, Molstad Excavating Inc. in the amount of $202,782.00.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved and the resolution awarding the contract to Molstad Excavating, Inc. was presented and read: Document No. 9131 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor brown declared the resolution adopted and the contract awarded.
APPROVE LEASE AGREEMENT WITH PARK DISTRICT
FOR DOG PARK
The staff report from the environmental compliance/greenway manager relating to Lincoln Dog Park Lease Agreement with the Park District, with recommendation to approve the proposed lease agreement between the Park District and the City of Grand Forks.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the lease agreement approved.
APPROVE TRANSIENT MERCHANT LICENSE
EXEMPTION FOR FIRST NIGHT
The staff report from the Public Information Center relating to transient merchant license exemption for First Night Greater Grand Forks, with recommendation that the 2007 First Night Greater Grand Forks vendors (performers and artists) are exempt from purchasing transient merchant licenses.
It was moved by Council member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT TO GROWTH FUND COMMITTEE
The staff report from Mayor Brown relating to appointment to the Grand Forks Growth Fund Committee, with recommendation to confirm appointment of Dwight Thompson to the Grand Forks Growth Fund Committee.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT TO SPECIAL ASSESSMENT
COMMISSION
The staff report from Mayor Brown relating to appointment to the Special Assessment Commission, with recommendation to confirm reappointment of Brian Poykko for a six-year term
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT
The staff report from the public works director relating to Waterworks Enterprise Fund budget amendment to cover improvements to watermain (increase size) and budget shortfall in chemicals, with recommendation to approve the amendment in the amount of $192,840.00.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE SURLUS PROPERTY AND AUTHORIZE
FOR SALE
The staff report from the public works director relating to public works department surplus property, with recommendation to declare the property surplus and authorize staff to proceed with the sale of equipment according to established policies and procedures: Bran+Luebbe Auto Analyzer 3 (2-channel) system. Zeta System 3.0+; 1990 Caterpillar D8 dozer; 1980 Chevy tandem truck; and 1985 Chevy Caprice wagon.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PLAT OF AUDITOR'S RESUBDIVISION
NO. 41
The staff report from the Planning and Zoning Commission relating to request on behalf of City of Grand Forks, ND for final approval of the plat of Auditor's Resubdivision No. 42 to the city of Grand Forks, ND (located at Lewis Boulevard and Seward Avenue), 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 to the Land Development Code, Article 9, Subdivision Regulations Section 18-0907 (1)(L), Layout of Additions and Subdivisions, as it relates to two (2) foot elevation contours.
Council Member Kreun reported that as there is no new right of way. moved to approve the recommendation without the wording "final approval of an ordinance amending the Street and Highway Plan" and to approve it as is. Council Member Bakken seconded the motion. Carried 7 votes affirmative.
ACCEPT PETITION TO VACATE STREET AND ALLEY
R/W IN BLOCKS 3 AND 4, RIVERSIDE PARK ADDITION
The staff report from the Planning and Zoning Commission relating to request on behalf of City of Grand Forks, ND for approval to vacate street and alley rights of way in Blocks 3 and 4, Riverside Park Addition, with recommendation to approve the request and set a public hearing date as required by law.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, January 7, 2008. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF AUDITOR'S RESUBDIVISION
NO. 42
The staff report from the Planning and Zoning Commission relating to request on behalf of City of Grand Forks for final approval of the plat of Auditor's Resubdivision No. 42 to the city of Grand Forks, ND (located at South 3rd Street/Minnesota Avenue to the BNSF Railroad), 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 Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 3, BLOCK
1, COTTAGE HOMES RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Steve Iverson on behalf of Shoppes at Aurora, LLC for final approval (fast track) of the Replat of Lot 3, Block 1, Cottage Homes Resubdivision to the city of Grand Forks, ND (located at 4350 South Washington Street), the request includes a variance to the Land Development Code, Article 2, Section 18-0204 Rules and Definitions, Paragraph (2) Definition of a Minor Subdivision, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, to include variance to the Land Development Code, Article 2, Section 18-0204 Rules and Definitions, Paragraph (2) Definition of a Minor Subdivision.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT PETITION TO VACATE INGRESS/EGRESS
ACCESS EASEMENT IN LOT 3, BLOCK 1, COTTAGE
HOMES RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Steve Iverson on behalf of the Shoppes at Aurora, LLC for approval to vacate a 40-foot wide "ingress/egress access easement", being the easterly 40 feet of lands platted as Lot 3, Block 1, Cottage Homes Resubdivision, with recommendation to approve the request and set a public hearing as required by law.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, January 7, 2008. Carried 7 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN PEABODY'S PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 1, ALL OF PEABODY'S SECOND RESUBDIV.
The staff report from CPS, Ltd. on behalf of Peabody Enterprises, LLC for preliminary approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and to include within the Peabody's PUD (Planned Unit Development), Concept Development Plan, Amendment Number 1, all of Peabody's First Addition and Peabody's Second Resubdivision (located in the vicinity of South 20th Street and 36th Avenue South), with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and schedule a public hearing for December 17, 2007.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Bakken introduced the 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 Peabody's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Peabody's Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF CONAGRA SUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Interstate Engineering on behalf of G-F Grain Company for preliminary approval of the plat of ConAgra Subdivision to the city of Grand Forks, ND (located north of 54th Avenue North and west of U.S. Highway 81, section 18, Falconer Township), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for December 17, 2007.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Bakken introduced an 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 ConAgra Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT ALL
OF CONAGRA SUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from the Grand Forks Planning Department for preliminary approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Urban Reserve) District and include within the I-2 (Heavy Industrial) District, all of ConAgra Subdivision to the city of Grand Forks, ND (located north of 54th Avenue North and west of US Highway 81, Section 18, Falconer Township), with recommendation to give preliminary approval to the ordinance, and set a public hearing for December 17, 2007.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Bakken 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 A-2 (Agricultural Urban Reserve) District and to include within the I-2 (Heavy Industrial) District, all of ConAgra Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF CALVARY CEMETERY SOUTH
ADDITION
The staff report from the Planning and Zoning Commission relating to request from Myra Collette on behalf of Thomas J. Thompson for preliminary approval of the plat of Calvary Cemetery South Addition to the city of Grand Forks, ND (located at 11th Street Northeast and 10th Avenue Northeast, Section 9, Walle Township), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan, and to include a variance from Section 18-0907 (4)(L)(1)(d) of the Grand Forks Land Development Code, relating to access onto a Level 3 roadway, and to set a public hearing for December 17, 2007.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Bakken introduced an 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 Calvary Cemetery South Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN THE CALVARY CEMETERY SOUTH PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF CALVARY CEMETERY SOUTH ADDITION
The staff report from the Planning and Zoning Commission relating to the request from Thomas J. Thompson on behalf of Calvary Cemetery Association for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Agricultural Preservation) District, and include within the Calvary Cemetery South PUD (Planned Unit Development), Concept Development Plan, all of Calvary Cemetery South Addition (located at 11th Street Northeast and 10th Avenue Northeast, Section 9, Walle Township), with recommendation.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Bakken 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 A-1 (Agricultural Preservation) District and to include within the Calvary Cemetery South PUD (Planned Unit Development), Concept Development Plan, all of Calvary Cemetery South Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF GUNDA PEDERSON
FARMSTEAD ADDITION
The staff report from Planning and Zoning Commission relating to request from Widseth, Smith, Nolting and Associates on behalf of Gunda Pederson Estate for preliminary approval of the Plat of Gunda Pederson Farmstead to the city of Grand Forks, ND (located at South 69th Street and 32nd Avenue South), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, to include a variance to the Land Development Code, Article 9, Subdivision Regulations, Section 18-0907(4), Right of Way, Paragraph (L)(1)(c.) as it relates to Access Level 4 access controlled streets, and to include preliminary approval of an ordinance amending the Street and Highway Plan, and schedule a public hearing for December 17, 2007.
It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Bakken introduced an 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 Gunda Pederson Farmstead Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INFORMATIONAL ITEMS
The Statement of Fund Balances for period ending October 31, 2007, was presented and read.
CITIZEN REQUEST
Terry Bjerke, 5356 5th Avenue North, discussed the Green Grand Forks initiative stating three points of concerns - 1) issue of consensus - The comment is constantly made that we have consensus on man made global warming and debate is settled, 2) there is not a consensus and thousands of scientists across the world who do not believe in man made global warming and numerous books and articles that have been written in opposition to that theory; 3) science vs. consensus - once again the constant refrain is debate is over, we have consensus, the issue is settled.
The fact that people don't want to debate the issue should give concern about why they don't debate the issue. Over the past decade this has been a big issue, lot of cities, states and federal governments work on this issue and his concern in many cases, after it is said and done, you are going to have higher taxes, higher fees, increased energy costs, burning some rules and regulations and a loss of property rights; and all those would negatively impact citizens. He stated you don't need to have a committee to make your buildings energy efficient and doesn't think that is tied to man made global warming.
He stated he would like council to stay abreast of this issue, and his concern if you don't, will have many proposals before you to spend taxpayer money for rules and regulations that would negatively impact the citizens. He reminded council that they should be advocate for the citizens and not become an environmentalist agenda. He stated there is plenty of information available in books and articles on both sides and would hope they would avail themselves of the information before coming to conclusions that could negatively impact the citizens. He thanked mayor and council for their time.
APPROVE BILL LISTING
Vendor Payment Listing No. 07-22, dated November 16, 2007, totaling $830,076.15, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Kreun 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES NOVEMBER 5, 2007
Typewritten copies of the minutes of the city council held on Monday, November 5, 2007 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that these minutes be approved as read. Carried 7 votes affirmative.
MATTER OF KEYSTONE PIPELINE
Council Member Kreun referred to the matter of the Keystone Pipeline by the gentleman who discussed this information with the council last week, that he received copy of letter of concern to the Public Service Commission by the Lake Agassiz Water Authority of which we are a part and signed by members of the Board of Directors, that there are some concerns of this pipeline, hearing is in November. He stated that in previous meetings there was not any discussion about surface water and the areas that would drain into our surface water area and asking them to take another look at it, not opposing or favoring it, but asking for certain things to be looked at - safety factors involved. Council Member Brooks asked that they hold this until next week, but not refer it to a committee.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member McNamara wished everyone a Happy Thanksgiving.
2) Council Member Christensen stated he had read report re. locating various industrial parks in the city and in the county, that we have BRIC that has money for 5 studies and concerned about is that seem to be pulling in different directions when starting to talk about locating an industrial site someplace in the county, seems that because 76% of the county lives within the city limits and seem to be trying to attract economic development, how building in small town in the county and asking people to populate those buildings and get involved in some type of manufacturing facility, and issue is re-populating those little towns, people live here and drive out there - would appreciate some coordination as we have this community issue ourselves - that moving in different directions and perhaps get a briefing from BRIC personnel before changing directions.
Council Member Gershman stated that part of the BRIC money is to study the economic impact of the reduction of the Base for the entire area, not just the city of Grand Forks, the county and beyond that, and that is the reason the scope is larger, but would like to see an industrial park closer.
3) Council Member Kreun reported there is a Service/Safety Committee meeting tomorrow at 4:00 p.m. and will consider Mr. Glassheim's question re. analysis of Washington and 8th Avenue North, thanked traffic engineer, Jane Williams, for putting this together as quickly as she did; will also discuss the snowmobile route through town, and ask Chief Packett to work with Mr. Swanson on some towing language.
ADJOURN
It was moved by Council Member Brooks 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