Council Minutes
17819
October 15, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 15, 2001
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 15, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke (telephone conference), Stevens, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; 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 stated that given the events that are happening in the United States and around the world, especially in relation to the threats of anthrax, would urge everyone to first and foremost remain calm, but continue to be alert and vigilant, and to remember these facts: the City is alert and the City agencies are ready to respond to any threats, public panic and hysteria only help those who send out threats. Only two people in the United States are actually diagnosed as being ill from anthrax and they are being treated and if an anthrax exposure does occur, our city agencies will respond quickly to move to contain it. He stated it’s important that we can’t let terrorists or threats of bad events cause us to panic or stop our life if we do that, the terrorists win.
COUNCIL MEMBER BURKE REPORTED PRESENT
Mayor Brown stated he would like to congratulate the State Soccer/Bocce attendees for the Special Olympics - the participants, their families, the volunteers who made that event a success.
Mayor Brown congratulated the elementary students whose art was selected for the tiles in the ArtWise Competition at the Town Square - good job!
The city auditor stated that he had placed a letter on the council members’ desks from the U.S. Department of Agriculture - that they were going through some complex special assessment information and have very good staff people, Dale Sailer and Emily Fossen, working on it; and the letter states that during the last several days they have had the opportunity to speak with Emily concerning the flood protection project assessments for the USDA Grand Forks Human Nutrition Research Center and that she has been very helpful and courteous and appreciate all the help she has given them. The city auditor stated that the staff has put in a lot of time on this project, very time consuming, and nice to see that we are treating the people very well.
HEAR APPEALS AND CERTIFY ASSESSMENTS ON FLOOD
PROTECTION PROJECT - PROJECT No. 4704, DISTRICT NO. 14
AND CONTINUE TO OCTOBER 22, 2001
The city auditor reported that this item is on the agenda tonight but the public hearing has been continued to October 22, 2001 as a special city council meeting, but would need to open the hearing this evening and if there is anyone here who can’t make next week, should be allowed to speak.
The city auditor presented and read the assessments as made by the Special Assessment Commission and
the approval and confirmation of these assessments by the Commission on Project No. 4704, Flood Protection District No. 14, in the amount of $20,357,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments.
Ellie Mercil, 5066 Coppergate Drive, stated if the council approves the assessments, it will raise rental for every single person that lives in Gateway Terrace $30/month, which makes their payments on lot rent more than their house payment, and that it is coming to a point where young families can’t live there anymore because of all the expenses they pay in this town make it too expensive.
It was moved by Council Member Martinson and seconded by Council Member Klave to continue the public hearing on the flood protection assessments until the special city council meeting on Monday, October 22, 2001 at 7:00 p.m. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4661,
DISTRICT NO. 391.1
The city auditor presented and read the assessments as made by the special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4661, Sewer District No. 391.1, in the amount of $18,241.90, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 13 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 5150,
DISTRICT NO. 409
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5150, Sewer District No. 409, in the amount of $160,700.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 4998,
DISTRICT NO. 576
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4998, Paving District No. 576, in the amount of $0.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 5003 ,
DISTRICT NO. 566
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5003, Paving District No. 566, in the amount of $134,800.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 5005,
DISTRICT NO. 567
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5005, Paving District No. 5005, in the amount of $135,600.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 5126,
DISTRICT NO. 580
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5126, Paving District No. 580, in the amount of $610,600.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 5008, DISTRICT NO. 129
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5008, Street Lighting District No. 129, in the amount of $17,100.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 5024, DISTRICT NO. 132
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5024, Street Lighting District No. 132, in the amount of $11,300.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 5154, DISTRICT NO. 133
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5154, Street Lighting District No. 133, in the amount of $20,700.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 5155, DISTRICT NO. 134
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5155, Street Lighting District No. 134, in the amount of $8,800.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 5156, DISTRICT NO. 135
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5156, Street Lighting District No. 135, in the amount of $143,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 5048,
DISTRICT NO. 563
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5048, Paving District No. 563, in the amount of $3,009,804.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, BUILDING DEMOLITION
PROJECT NO. 5267
The city auditor presented and read the assessments as made by the Engineering Department and the approval and confirmation of these assessments by the Special Assessment Commission on Project No. 5267, Building Demolition, in the amount of $22,618.65, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, SEWER CONNECTION FEES,
PROJECT NO. 1101.1
The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 1011.1, sewer connection fees, in the amount of $6,827.08, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 13 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, SIDEWALK PROJECT
NO. 5103.1
The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 5103.1, 2000 sidewalk construction, in the amount of $50,462.29, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 4 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, SIDEWALK PROJECT NO. 5196
The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on Project No. 5196, 2001 sidewalk construction, in the amount of $82,502.59, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, WEED CUTTING
PROJECT NO. 5208.0
The city auditor presented and read the assessments as made by the city health department and/or city street department, and the approval and confirmation of these assessments by the supervising sanitarian and/or city street department, on Project No. 5208.0, weed cutting for 2001, in the amount of $7,860.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001.8
The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the city auditor on Project No. 9001.8, delinquent water billings, in the amount of $16,114.36, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 5145,
DISTRICT NO. 579
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5145, Paving District No. 579, in the amount of $1,514,400.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were no comments from the audience.
Council Member Bjerke asked if any consideration was given to the information in Mr. Walker’s letter that the road was built heavier than for normal traffic and that it was built for City use (for baling facility).
Mark Walker, project engineer, reported they reviewed the project, that the street was built for extra heavy duty traffic due to the baling facility, and came up with some costs for a typical street, that the total construction cost of the project was about $1.5 million, and calculated if it was constructed in a more typical street that the costs would be approximately $863,000.00. He stated for their consideration they could go with the assessments as were proposed originally, reduce it to a cap of $863,000 or another option would be for the City (Sanitation Department) to absorb all the special assessments.
Council Member Bjerke moved to cap the special assessments for the project at $863,000; the motion was seconded by Council Member Brooks.
The funding source for the uncovered portion (difference between the $1.5 million and the $863,000) would be the baling facility project, which would be the sanitation fund.
Council Member Christensen asked if the special assessments or city-share that the City would pick up under this motion would be paid out of general tax revenues. The city auditor stated city-share is paid out of general tax levy unless it is related to a utility fund, as in this project which is the sanitation fund. Mr. Walker stated that if there were no development and property not annexed, the City would not collect any special assessments and would be default funding source; and that there are no proposals for development in the area. Council Member Christensen suggested that Council Member Bjerke’s motion be for the total special assessments to be paid out of the sanitation fund, as there is a reserve in that fund of about $3 or $4 million as a cash carryover rather than tap the general property tax. The city auditor reported that presently this entire amount is coming out of the sanitation fund, that is where it has been budgeted and the capping of the $863,000 is that if there is an annexation in the future that then those property owners would pay an equivalent assessment as any other property owner would.
Al Grasser, city engineer, reported that the project was scheduled to be funded and constructed with the baling facility so all funding was to come through the sanitation funds, that the council elected in the event that some development occurs out there within the next 20 years, we create a mechanism so we have the opportunity to collect some of those funds back; or can elect not to special assess it at all, and that might drive some interest in development out there because essentially they would have a watermain available as well as a free all weather road out there.
There was considerable discussion relative to any development in the area, and Council Member Kreun stated that we do not want to limit our ability to recoup some of those costs, granted not residential but a construction company might desire to build out there and require the use of that kind of road, and would limit ourselves under this motion to being able to just assess that amount of $863,000 when they would require the heavier duty road and if somebody would develop something out there that they do not require a heavy duty road, could then assess them for the usage they need, and if leave recommendation we have, that ability if a company would move out there to set the assessment at that time for the need of that particular company. Mr. Grasser stated they have had a chance to rethink that and a modified recommendation is probably better.
Council Member Christensen stated that the difference in total cost and recommendation is about $400,000, and the issue comes for the City in going forward is what’s our policy going to be on “tapping fees” because what’s been done in the past and if land isn’t developed or people don’t use the land for a period of time, the street depreciates, and suggested they rethink our tapping fee, and would rather see that if any property is annexed that they get a special assessment for 15 years. Mr. Grasser stated they are proposing a future assessment district which is different than the tapping fee, it identifies an area essentially in which the council can set an actual assessment district at some point in time in the future; and different than tapping fee which is collected based on a building permit. Mr. Swanson stated that the major distinction between a tapping fee and a future special assessment is that the future special assessment does depreciate based upon the projected life of the project; a tapping fee is a set amount that does not alter during the course of the life, not based upon a depreciation schedule.
Council Member Christensen asked if this has to be done today, or if they could develop a policy as to a future special assessment district. The city auditor stated they would like council to tell staff what they would like to cap this out at in the future, and could decide in the future whether it will be a tapping or an assessment fee, and reason is for certifying to the County by November 1.
Council Member Kreun stated this is future special assessments and is depreciated amount that if somebody would build out there in 10 or 15 years, they would have a depreciated amount left on that particular assessment. Mr. Swanson stated if there were an annexation at some time in the future, that property would be assessed for remaining assessment based upon a depreciated amount that would be assessed at the time of annexation. He stated they wouldn’t depreciate the number of years over which the assessment is spread, what is depreciated is the amount spread or assessed against the property, if you have a 15 year assessment it will still be a 15 year assessment but the amount being assessed against the property would be depreciated down. He stated under tapping fee that amount is fully due at one time and no depreciation. Council Member Kreun stated this is separate from tapping fees, separate from a special assessment district where people already live and are in the city limits - this is a future special assessment district on a depreciated schedule.
The city auditor stated that in looking at the map and the district states that it is a tapping fee area and a tapping fee boundary and not a future special assessment, which would mean that the sanitation department is paying all the costs right now for the baling facility, and if wish to delay establishing how you’re going to handle this, you would have the ability to do that because we wouldn’t have to get this over to the County by the 1st of November and would give you some time to review it.
Mr. Swanson stated even if it were a future special assessment district, the council is not necessarily obligated to act upon that tonight insofar as there would be no assessment during the tax year of 2001 payable in 2002, and if the council wishes to fully examine that at a later date that would be within their prerogative.
After further discussion and upon call for the question to cap the special assessments at $863,000.00 and upon voice vote the motion carried.
It was moved by Council Member Martinson and seconded by Council Member Kreun that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.
HOLD PUBLIC HEARING AND TAKE FINAL ACTION ON
PROPOSED AMENDMENT TO 2001 ANNUAL ACTION PLAN
The staff report from the Office of Urban Development relating to public hearing and final action on proposed amendment to 2001 Annual Action Plan, request from Community Violence Intervention Center for transfer of $21,000 from previously approved 2001 CDBG funds (bricks and mortar) to public service grant for use as operational funds, with recommendation to close the 30-day public comment period, hold a public hearing, and take final action on the proposed amendment to the 2001 Annual Action Plan.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Members Glassheim and Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Bjerke voted against the motion.
ADOPT ORDINANCE NO. 3900, AUTHORIZING ISSUANCE
OF REVENUE BONDS PAYABLE FROM SALES AND USE TAX
PROCEEDS TO FINANCE COSTS OF FLOOD CONTROL
PROJECTS AND ESTABLISHING PROCEDURES
An ordinance entitled “An ordinance authorizing the issuance of revenue bonds payable from sales and use tax proceeds to finance the costs of flood control projects and establishing procedures therefor”, which had been introduced and passed on its first reading on October 1, 2001, was presented and read for consideration on second reading and final passage.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question and approval of the ordinance by Council Members Hamerlik and Gershman and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE HOUSE FROM 93 GRASSY HILLS TO LOT 5,
BLOCK 2, SHADYRIDGE ESTATES 6TH
The staff report from Inspections relating to the public hearing for moving permit application to move the house from 93 Grassy Hills to Lot 5, Block 2, Shadyridge Estates 6th , with recommendation to approve the moving permit to move a house from 93 Grassy Hills Lane.
Council Member Lunak asked if it was unusual to go from the wet side of the dike to the wet side of the dike; Ms. Collings, Inspections, stated that the house can legally be placed on the wet side of the permanent protection project as long as it is correctly placed as far as flood proofing regulations. She stated that in the properties the City acquired they have some restrictions on some of those properties, that this is privately owned property that was purchased and there are no restrictive covenants by the City; and this property is within the city limits. Mr. Swanson stated that the recommendation from the Special Assessment Commission is that they have assessed no benefit to anybody located on the wet side of the flood control project.
It was moved by Council Member Martinson and seconded by Council Member Hamerlik to approve the application for moving permit. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING ON ORDINANCE TO
AMEND THE ZONING MAP TO INCLUDE WITHIN VILLAGE
PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVEOP-
MENT PLAN, AMENDMENT NO. 3, ALL OF VILLAGE RE-
SUBDIVISION NO. 2 AND ALL OF VILLAGE RESUBDIVISION
NO. 3, TO NOVEMBER 19, 2001
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment no. 2 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 20, 2001, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading. It was noted by Mr. Potter that the proposed developer has not finalized purchase of the property.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik to approve the recommendation and to continue the public hearing and second reading of the ordinance to November 19, 2001. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3901, AMENDING THE COMPRE-
HENSIVE PLAN, SECTION 18-0802, ELEMENTS OF THE
GRAND FORKS CITY CODE OF 1987, AS AMENDED, PERTAINING
TO THE GRAND FORKS-EAST GRAND FORKS 2022 TRANS-
PORTATION 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 l987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2000 Transit Element, 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element”, which had been introduced and passed on its first reading on September 17, 2001, 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 in his office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the Planning and Zoning Commission relating to matter of request from the Grand Forks Planning and Zoning Department for final approval of an ordinance to amend Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2001 Bikeway Element, 1999 Pedestrian Element, 2000 Transit Element, Year 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element), together with all maps, information and data contained therein, with recommendation for final approval of an ordinance and plan text amending the Street and Highway Element of the Transportation Plan, recommend to the city council to give final approval to the ordinance amending the Street and Highway Element of the Transportation Plan.
Council Member Martinson expressed some concern relating to the language in the ordinance of possibly a bridge over the Red River, and asked if it had been determined where that bridge might be. Mr. Potter reported that there are two separate bridge issues that are involved in the long range transportation plan, the Merrifield Road bridge is the truck by-pass bridge and we are supporting that as a City, that the intercity bridge which he is referring to from the City’s standpoint has not been settled, that the city council has not adopted an intercity bridge location.
Council Member Klave stated that in the past we have had some concern as some of these bridges are approved but that it takes a long time before something develops, and it was recommended some years ago that if we start placing a bridge in a location that we want to use, that the area be signed so that any individuals are aware, whether for future development in that area, that a bridge is scheduled for that area. MPO stated that is the City’s responsibility if that were to be done.
Upon call for the question and approval of the ordinance by Council Members Gershman and Kerian and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3902, AMENDING THE STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF CONCRETE, INC 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 Concrete Inc. Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 17, 2001 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 called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the Planning and Zoning Commission relating to the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete, Inc. for final approval of the plat of Concrete, Inc. Addition, located at 5000 DeMers Avenue, with recommendation for final approval of the plat of Concrete Inc. Addition, Block 1, Lots 1 and 2, to the city of Grand Forks, North Dakota (located at 5000 DeMers Avenue) subject to the conditions shown on or attached to the review copy, and for the city council to give final approval to the plat.