Council Minutes
17873
November 19, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 19, 2001
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 19, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 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 congratulated the Sioux football team for winning its first round in Division II playoff, and that we will host the second round game of Pittsburg State, KS on Saturday November 24 at the Alerus Center.
Mayor Brown congratulated the Forks Curling Classic which was a successful event at the Engelstad Arena this last week, the top prize competed for over $10,000, and hope to see that as an annual event.
Mayor Brown reported that we celebrated Youth Appreciation last week, that this started after the flood as a way of showing our appreciation to our youth for all they do and it included free movies, free bowling and other youth oriented activities.
Mayor Brown thanked the Chamber of Commerce for sponsoring the Farmers Appreciation dinner at the Ramada Inn because agriculture is one of the economic legs of our community that we are very grateful for.
COUNCIL MEMBER MARTINSON REPORTED PRESENT
PRESENTATION BY GRAND FORKS AIR FORCE BASE
PERSONNEL
Captain Patricia Lang, public affairs officer at Grand Forks Air Force Base, presented a short video re. Operation Enduring Freedom, what they bring to the fight, what they bring to the community, what they have achieved and what lies ahead. She stated that the Air Force’s 6 core competencies - the things that the Air Force brings to our nation and help in our national defense - the 319th Air Refueling Wing at Grand Forks Air Force Base is involved with 1) rapid global mobility and combat support - that they fly KC 135’s tankers (air refueling) so that they can keep their aircraft airborne going anywhere in the world that they are needed. She gave a brief history of the air force base, which started in 1956 and became operational in 1957; that they have had a number of missions during those years, flown bombers, missiles but since the very beginning have been an air refueling wing and provided that air refueling capability which not many countries in the world have. She stated they completed the imploding of the missile silos and missile alert facilities and will meet their deadline of December 4, and that closes out that portion of the Strategic Arms Reduction Treaty - that one missile silo and one missile alert facility will be maintained through the ND State Historical Society (near Cooperstown) and will be available for historic purposes. She stated they are professionals working together to provide the world’s best air mobility force for America and that is their mission - that they refuel aircraft and transport people and cargo.
She stated they are currently deployed in support of the war on terrorism - Operation Enduring Freedom, and within week after the terrorist attacks happened, they gathered together a huge portion of their Wing and sent them to an undisclosed place and they are refueling - nearly 24 hours/day have one of their tankers airborne that is providing constant air refueling support for all the fighters and bombers that are in action over there. She stated they are also part of Operation Noble Eagle, that’s homeland defense.
She stated that the Air Force is everywhere in the world, and blessed that they can get there and trained to do it - and thanked the community for their support and ask for continued support for the mission they are called to do and that Grand Forks Air Force Base airmen are ready, well trained to do whatever is needed. She also noted that Col. Sable, Wing Commander, and Col. Phillips, Vice Commander, were present in the audience.
ADOPT ORDINANCE NO. 3904, AMENDING TEXT OF
LAND DEVELOPMENT CODE RELATING TO LOT SIZE
REQUIREMENTS AND SPECIAL CONDITIONS FOR NON-
FARM SINGLE-FAMILY DWELLINGS
An ordinance entitled “An ordinance amending specific sections of Chapter XVIII of the Grand Forks City Code relating to lot size requirements and special conditions for non-farm single-family dwellings”, which had been introduced and passed on its first reading on October 15, 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 final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII, Article 2, Zoning, Section 18-0207, A-2 Agricultural Reserve District, (6) Required Lot Area, Width, and Depth, (11) Special Conditions (B) Non-farm Single Family Dwellings relating to non-conforming parcels…density requirements for those parcels of less than twenty (20) acres shall be at least at a ratio of one (1) unit per two and one-half acres relating to lot sizes, with recommendation for final approval of ordinance on November 19, 2001. It was moved by Council Member Kreun and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Upon roll call on the adoption of the ordinance 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.
ADOPT ORDINANCE NO. 3905, RELATING TO AMENDING
ZONING MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT A PORTION OF LOT B, BLOCK 2, ENDRES-RYDELL
ADDITION
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 (Limited Development) District and to include within the B-3 (General Business) District, a portion of Lot B, Block 2, Endres-Rydell Addition (being a Replat of Lot 2 of the Replat of Block 1 and all of Block 2, Endres-Rydell Addition), more specifically described as the westerly 209 feet of said Lot B (located at 2700 South Washington Street, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on October 15, 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 matter of the request from Saturn Development on behalf of Rydell Chevrolet GMC for final approval of an ordinance to rezone and exclude from the A-1 (Limited Development) District and to include within the B-3 (General Business) District, a portion of Lot B, Block 2, Endres-Rydell Addition (being a replat of Lot 2 of the replat of Block 1 and all of Block 2, Endres-Rydell Addition), more specifically described as the westerly 209 feet of said Lot B, located at 2700 South Washington Street, Grand Forks, North Dakota, with recommendation for final approval of the ordinance. It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Upon roll call on the adoption of the ordinance, 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.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING TEXT OF LAND DEVELOPMENT
CODE, ARTICLE 2, ZONING, RELATING TO USES PERMITTED
(TATTOO SHOPS AND BODY PIERCING STUDIO) IN B-2
DISTRICTS TO DECEMBER 17, 2001
An ordinance entitled “An ordinance amending the Grand Forks City Code of 1987, as amended, Chapter XVIII, Land Development Code, Article 2, Zoning, Section 18-0215, B-2 (Shopping Center) District, subsection (2) Uses Permitted”, which had been introduced and passed on its first reading on October 15, 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.
Dennis Potter, city planner, stated that one of the elements paralleling with this ordinance was the development through the Department of Health regulations for the operation and asked that they continue this particular ordinance to December 17 to allow the health department to place before council, the health regulations that they are currently preparing.
It was moved by Council Member Kreun and seconded by Council Member Klave to continue the public hearing and second reading of the ordinance to Monday, December 17, 2001. Carried 14 votes affirmative.
DEFEAT ORDINANCE REQUESTING REZONING OF ALL OF
VILLAGE RESUBDIVISION NO. 2 AND ALL OF VILLAGE
RESUBDIVISION NO. 3 WITHIN THE VILLAGE PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3
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.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.
The staff report from the Planning and Zoning Commission relating to the request from Kevin Ritterman on behalf of Mikkelson Consolidated for the final approval of an ordinance to amend the zoning map 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, ND with recommendation to deny the request to rezone.
It was moved by Council Member Kerian and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: none; voting “nay”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14. Mayor Brown declared the ordinance defeated.
ADOPT ORDINANCE NO. 3907, RELATING TO THE CIVIL
SERVICE CODE
An ordinance entitled “An ordinance amending sections of the Grand Forks City Code relating to the Civil Service Code”, which had been introduced and passed on its first reading on October 15, 2001, was presented and read for consideration on second reading and final passage.
Howard Swanson, city attorney, reported he had forwarded to each of the council members a revised copy of the ordinance which incorporated all of the prior amendments and accompanying that was a separate draft of an ordinance that was requested by Council Member Bjerke, that to his knowledge the ordinance would be available for action with whatever additional amendments, if any, the council would choose to include. He stated they would need at a minimum to move an amendment to incorporate those additional changes from the prior meeting.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that we have the second reading with the additions which were included, including that of Council Member Bjerke, which indicated that there be a notification to the council.
Council Member Christensen stated there had been some conversations between Mr. Duquette and the council regarding the one position at Urban Development which is 60-40% under job sharing and if that had been taken care of. Mr. Duquette stated that there is the opportunity to grandfather these employees in, the additional alternative is to have the employees adjust their schedules (talking about 4 hours) so that each one of them is working 20 hours during the week, and a third alternative is to simply adjust down the 50% benefit to 40% level, which gives the department head a little more flexibility on this matter, and what doing is providing a level of benefits based upon the amount of time they work.
Council Member Hamerlik stated he would include that we keep the ordinance as was described but grandfather those two into it. Council Member Kerian stated concern, as there maybe some temptation to increase the job so that the employee would receive the benefit.
Don Shields, Health Department, stated that he knew the 50% was set, but would urge that they consider the idea of a 40% benefit that would allow departments additional flexibility, and any positions that would have employees in them would come back in terms of classification, because that’s how they would achieve that benefit; that the flexibility would be given to the department and would more easily allow them to match some of their grants, etc. with the particular employee. He stated that by offering pro-rated benefits at the 40% level, that the employee would only receive what the employee would earn. He also noted that when making exceptions but to make that 40% across the board.
Terry Hanson, Urban Development, stated it was not the intent of anyone to take benefits away from a long standing employee of the City, the benefits that this employee is receiving today as a 40% employee and those benefits include pension, life insurance, disability and post employment health plan because she is and has been a classified employee; and is in support of action that would allow them to offer benefits at 40% level.
It was moved by Council Member Kerian to amend the motion to change provision where it states that a classified employee working 20 hours, change to 16 hours or more per week. Council Member Kreun seconded the motion.
Council Member Hamerlik stated he would vote against the motion as he felt an employee should be working at least half time to draw benefits, and is in full support of taking care of these two people, and to grandfather them in would be to remain as they are now, but not change the system for two people. He also stated that we no longer have job-sharing provision in the Code, but have a position that they divide for more than one employee, not considered job-sharing, but two employees. Mr. Duquette stated that the intent of the working group that came together on this matter was to get us to a point where we had classified and non-classified employees, and that intent included pro-rating benefits for classified employees, and originally not how many hours you had to work for those benefits but more an issue of having certain positions within the city service we want to classify who many not be working full-time and leaving the discretion to the department head to make that decision about how many hours that position should work (management decision) and how many hours of benefits that position should receive based upon the hours they worked - that the 50% was included - that the health insurance premium would be the same as if one person worked the position.
After some discussion Council Member Christensen moved to amend the amendment to state that under Section 6-0405, subsection 2) a classified employee shall receive eligible benefits on a prorated basis equal to the number of hours worked as established and approved by the city council. Council Member Klave seconded the motion.
There was some discussion to the motion re. “..as established and approved by the city council.” Mr. Swanson stated the last phrase is intended to modify what benefits council is offering to extend, and Council Member Christensen asked that phrase be left in the motion. Mr. Swanson stated the motion before the council on the amendment is to allow benefits to be provided on a prorated basis, those benefits which are approved by the city council.
Council Members Hamerlik and Lunak called for the question. Carried 14 votes affirmative.
Upon roll call on the amendment by Council Member Christensen the following voted “aye”: Council Members Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Glassheim, Gershman - 8; voting “nay”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Lunak - 6. Mayor Brown stated that the motion carried.
Upon call for the amendment by Council Member Kerian, as amended, to change it to 16 hours or more hours per week but amended to the classified employees receive benefits on a prorated basis. The motion carried 8 to 6 votes affirmative.
Upon call for the original motion as amended the following voted “aye”: Council Members Klave, Kerian, Bakken, Kreun, Martinson, Glassheim, Gershman, Christensen - 8; voting “nay”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Lunak - 6. Mayor Brown declared the motion carried and the ordinance adopted.
COUNCIL MEMBER MARTINSON EXCUSED
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO ANNEXATION OF ALL
OF SHADY RIDGE ESTATES 6TH ADDITION TO
DECEMBER 3, 2001
The city auditor reported that the following ordinance had been missed being placed on the council agenda for tonight’s meeting, and would then need to have a motion to extend the public hearing and second reading of the ordinance: An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota all of Shady Ridge Estates 6th Addition not previously annexed by resolution of annexation filed with the Grand Forks County recorder as Document No. 525980 and filed on September 9, 1996”, which had been introduced and passed on its first reading on October 15, 2001, and upon which public hearing had been continued until this evening.
It was moved by Council Member Klave and seconded by Council Member Bakken to continue the public hearing and second reading of the ordinance to Monday, December 3, 2001. Carried 13 votes affirmative.
APPROVE SPECIFICATIONS FOR FIRE DEPARTMENT
CLOTHING
The staff report from the fire department relating to bid specifications for fire department clothing, with recommendation to approve specifications for fire department station vests compliant with NFPA 1975.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE HOLIDAY BONUS HOURS FOR EMPLOYEES
The staff report from the Human Resources Office relating to holiday bonus hours, with recommendation to approve four (4) holiday bonus hours for contracted and classified employees to be taken between December 1, 2001 and February 1, 2002, and if unusual situations occur, the administrative coordinator can grant exceptions. Those employees receiving benefits on a prorated basis would also receive bonus hours on a prorated basis.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE FEDERAL AID URBAN PROJECTS FOR CON-
STRUC TION YEARS 2003 TO 2005 AND REGIONAL
SYSTEM PROJECTS FOR YEARS 2005 TO 2007
The staff report from the engineering department relating to Urban and Regional Program project request to North Dakota Department of Transportation, with recommendation to approve Federal Aid Urban projects for construction years 2003 to 2005, and regional system projects for 2005 to 2007.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
DESIGN AND BIDDING FOR REHABILITATION OF SANITARY
SEWER LIFT STATIONS NOS. 6 AND 20, PROJECTS NOS. 5317
AND 5318
The staff report from the engineering department relating to engineering services agreement for the design and bidding for rehabilitation of Sanitary Sewer Lift Station Nos. 6 and 20, Projects Nos. 5317 and 5318, with recommendation to approve agreement with WFW Consulting Engineers for the design and bid of rehabilitation of Sanitary Sewer Lift Stations Nos. 6 and 20, Engineering Services in an hourly not to exceed amount of $62,852.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER NO. 4, PROJECT NO. 5104,
2000 CONCRETE STREET REPAIRS
The staff report from the engineering department relating to Change Order 4 for Project No. 5104, 2000 Concrete Street Repairs, with recommendation to approve Project No. 5104, 2000 Concrete Street Repairs, Change Order 4 for Tony Anderson Construction in the amount of $14,282.91.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE ELIMINATION OF PHASE IV/IA FLOOD
RESPONSE RENTAL PROGRAM
The staff report from the Office of Urban Development relating to elimination of the Phase IV/IA Flood Response Rental Program, with recommendation to discontinue the Phase IV/IA Flood Response Rental Program as of June 1, 2001 with the exception of the homes that are being leased to owners on an interim basis that were displaced as a result of the acceleration of Phase 2 of the flood control project.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT PETITION TO VACATE DRAINAGE EASEMENT
LYING ON EACH SIDE OF LOT LINE COMMON TO LOTS
4 AND 5, BLOCK 1, SHADY RIDGE ESTATES SECOND
ADDITION
The staff report from the Planning and Zoning Commission relating to the matter of a petition from Lavonne K. Adams to vacate a 30-foot wide drainage easement, 15 feet on each side of the lot line common to Lots 4 and 5, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located east of Adams Drive midway between Shady Ridge Court), with recommendation for approval of the petition to vacate a 30-foot wide drainage easement, 15 feet on each side of the lot line common to Lots 4 and 5, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located east of Adams Drive midway between Shady Ridge Court, and to recommend the city council set a public hearing date.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby 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, 2002. Carried 13 votes affirmative.
APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
3, 4, 5 AND 6, BLOCK 1, SHADY RIDGE ESTATES SECOND
ADDITION
The staff report from the committee of the whole relating to the matter of the request from Lavonne Adams for preliminary approval of replat of Lots 3, 4, 5 and 6, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located between Adams Drive and the Coulee and between Adams Court (south segment) and Adam Court (north segment), with recommendation for preliminary approval of the plat subject to the conditions shown on or attached to the revised review copy.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1,
INGWALSON ADDITION
The staff report from the Planning & Zoning Commission relating to the matter of the request from CPS, LTD, on behalf of the Grand Forks Gun Club and Minnkota Power for final approval (fast track) of the replat of Lot 1, Block 1, Ingwalson Addition, Rye Township, Grand Forks County, North Dakota, including a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907; Subsection (2) Rights of way; paragraph (L) Right of Way access; subparagraph 3, Arterials (located north of U.S. Highway No. 2 and west of North 69th Street (a.k.a. the Lagoon Road); with recommendation for final approval of the replat of Lot 1, Block 1, Ingwalson Addition, Rye Township, Grand Forks County, North Dakota, including a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907; Subsection (2), Rights of way; paragraph (L) Right of Way Access; subparagraph 3, Arterials (located north of U.S. Highway No. 2 and west of North 69th Street (a.k.a. the Lagoon Road), subject to conditions shown on or attached to the review copy; and recommend the city council approve the plat.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
TABLE PETITION TO VACATE “SIDEWALK” DESIGNATION
OF A 2-FOOT WIDE “SIDEWALK AND UTILITY EASEMENT”
IN BLOCK 1, SOUTH PINES ADDITION
The staff report from the Planning & Zoning Commission relating to the matter of a petition from Tim Crary on behalf of Crary Development, Inc. for approval to vacate the “sidewalk” designation of a 2-foot wide “sidewalk and utility easement” lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South, with recommendation to table the petition to vacate the “sidewalk” designation of a 20-foot wide “sidewalk and utility easement” lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION CHANGING THE NAME OF
CAMBRIDGE STREET BETWEEN 10TH AVENUE NORTH
AND GATEWAY DRIVE TO RALPH ENGELSTAD ARENA
DRIVE
The staff report from the Planning and Zoning Commission relating to the matter of the request from the University of North Dakota facilities Department on behalf of the University of North Dakota to change the name of Cambridge Street between 10th Avenue North and Gateway Drive to Ralph Engelstad Arena Drive, with recommendation for final approval of resolution changing the name of Cambridge Street between 10th Avenue North and Gateway Drive to Ralph Engelstad Arena Drive.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Kerian introduced the resolution changing the segment of Cambridge Street between 10th Avenue North and Gateway Drive located in Block 1, Lot 1, University Village Addition commonly referred to as the Bronson Property be changed to Ralph Engelstad Arena Drive: Document No. 8119 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be and is hereby adopted. Carried 13 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN SOUTHERN ESTATES PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
COLUMBIA PARK 24TH AND 25TH ADDITIONS, ALL OF SOUTHERN
ESTATES FIRST ADDITION, ALL OF THE UNPLATTED PORTIONS
OF THE WEST HALF OF THE SE QUARTER AND ALL OF THE
SW QUARTER OF SECTION 21-151-50
The staff report from the Planning and Zoning Commission relating to the request from Steven Adams on behalf of Art Greenberg for preliminary approval of an ordinance to rezone and exclude from Southern Estates Planned Unit Development and to include in Southern Estates Planned Unit Development, Amendment No. 1, Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, Columbia Park 26th Addition, with recommendation for preliminary approval of the ordinance and schedule a public hearing for December 17, 200.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Kerian 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 Southern Estates PUD (Planned Unit Development), Concept Development Plan, and to include within Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Columbia Park 24th and 25th Additions; all of Southern Estates First Addition to the city of Grand Forks, ND, and all of the unplatted portions of the West Half of the Southeast Quarter and all of the Southwest Quarter of Section 21-151-50 to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.
APPROVE FINAL APPROVAL OF SHADY RIDGE ESTATES
FIFTH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Pribula Engineering and Surveying on behalf of Lavonne Adams for final approval of Shady Ridge Estates Fifth Resubdivision to the city of Grand Forks, North Dakota (this plat replaces and supercedes that certain plat of the same name approved by the city council on June 17, 1996) (located between Adams Drive and the Coulee and between Shady Ridge Court and 62nd Avenue South, with recommendation for final approval of plat subject to conditions shown on or attached to the revised review copy.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
RECEIVE LETTER FROM OPTIONS RESOURCE CENTER
FOR INDEPENDENT LIVING
Mayor Brown reported he had received a letter addressed to him and the city council from Remi Brooke, Options Resource Center for Independent Living, dated November 19, 2001, stating that Options Interstate Resource Center for Independent Living is formally requesting that the bus issue be heard prior to 9:00 p.m. so that individuals with disabilities who use attendant care and public transportation can be home in time for their providers to serve them, and that they feel this is a “reasonable accommodation” as defined by the American with Disabilities Act and Title V of the Rehabilitation Act, and to please see enclosures for clarification.
COUNCIL MEMBER MARTINSON REPORTED BACK
Council Member Lunak moved to suspend the agenda and consider the item relating to reconsideration of elimination of night bus and complementary Night Dial-a-Ride service, seconded by Council Member Klave. Carried 13 votes affirmative; Council Member Stevens voted against the motion.
SUSPEND AGENDA AND CONSIDER MATTER OF ISSUING
AND AWARDING SALE OF 2001D, $13,000,000 SALES TAX
RESERVE REVENUE BONDS (DIKE IMPROVEMENTS)
It was moved by Council Member Hamerlik and seconded by Council Member Brooks to suspend the agenda and to consider the item to authorize issuance and award sale of 2001D $13,000,000 Sales Tax Reserve Revenue Bonds (Dike Improvements). Carried 14 votes affirmative.
The staff report from the finance and administrative services director relating to the resolution authorizing the issuance and awarding the sale of 2001D, $13,000,000.00 Sales Tax Reserve Revenue Bonds (Dike Improvements), with recommendation to adopt resolution authorizing the issuance and awarding the sales tax reserve revenue bonds (Dike Improvements), Series 2001D to finance the acquisition and construction of flood control projects.
Al Erickson, Springsted, commented on the matter of the bond issue: that they took bids on the $13 million bond issue today; that the market has been changing in the last few days because the operation in Afghanistan has been going much better and much quicker than they thought and consumer spirit and the markets are rallying and that the bond market has picked up a little bit; that the rates are slightly higher than they would have anticipated but still outstanding, and received a rate of 4.83% for 20-year bonds which is almost unheard of; that they were able to do depending upon whether the market went up from a few weeks ago or went down, and left the ability to change the size of the bond issue so they could keep the debt service under $1 million per year, which they did, and downsized the issue to $12,745,000, that this had little effect on the amount that was able to be put into the construction account for the dike, that stayed at about $11.7 million; and the best thing about that is that when they did the financial planning for this about year and half or two years ago, they thought this particular issue because of the market at that time was only going to be about $11 million issue but because the rates are low enough this particular issue is going to be able to put about $1.7 million more into the construction account; and that means the City doesn’t have to increase the other bond issues down the line as they finish the dike. He stated that the bond rating from Moody’s and the underlying rating on this particular issue was Aa3, which is significant because it is the first time in the history of the City that a revenue bond was given the same rating that your general obligation bonds were rated, and was outstanding achievement by the City and caps a number of years of work that he and the city auditor have put in talking with Moody’s. He stated they would recommend the low bid from RBC Dain Rauscher, and the bid tabs distributed to the council are the actual bid before downsizing, that today the actual numbers and amounts will be included in the resolution that will be sent to the City from the legal counsel, Mr. Endorf. He reported that they received two bids but had over 16 firms involved in those two bids.
Council Member Bakken introduced the following resolution: Document No. 8120 - Resolution.
Council Member Bakken moved the adoption of the foregoing resolution which motion was duly seconded by Council Member Klave. Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Auditor.
AUTHORIZE PUBLIC TRANSPORTATION TO CONTINUE
TO OPERATE THE CURRENT NIGHT BUS SERVICE AND
COMPLEMENTARY DIAL-A-RIDE SERVICE UNTIL
DECEMBER 31, 2002 AND TO REQUIRE MONTHLY REPORTING
ON NIGHT RIDERSHIP
The Task Force Committee report relating to the recommendation of elimination of night bus and complementary night dial-a-ride service, with recommendation to allow Public Transportation to continue to operate the current night bus service and complementary dial-a-ride service until December 31, 2002.
Council Member Hamerlik moved that we proceed and approve the recommendation from the Night Bus Committee, where service would be extended and budget, which has been prepared by staff would include an approximate amount of $8,500.00 cost to the City of Grand Forks for the night operation, and further that in the event that the Bremer Foundation or any other grant not be available prior to January 1, 2002, that one night be dropped from the routing, and in the event that any other grant ($5,000) not be available that a second night be dropped from the routing. Council Member Glassheim seconded the motion.
Council Member Hamerlik explained his motion - that it is a 6-night route, that we pay $8,500 and have two grants coming in, but if grants do not come in, the options from the committee were to drop one night or two nights, and can continue the bus; and would assume that would carry on not only for the forthcoming year but any time thereafter.
Council Member Lunak stated that certain people have no other way of transportation, that they rely on that bus, and was opposed to the option of dropping one or two nights of service, and suggested continuing the bus service for six night/week and that the Task Force can work with dial-a-ride, and moved to amend the motion to allow public transportation to continue to operate the current night bus service and complementary dial-a-ride service until December 31, 2002. Council Member Christensen seconded the motion.
After some discussion it was noted that the motion was 2002 and not 2001, and Council Member Christensen withdrew his second. Council Member Kerian seconded the motion.
Several individuals addressed the city council requesting continuing of the night bus service:
Cheryl Brooks, 809 15th Avenue South
Petra Clemens, 222 North 9th Street, #1
David Sobolik, Fargo
Michelle Sobolik, 675 North 43rd Street, #9
Tami Staven, 1703 12th Avenue North, #5
Bobby Vogel, 2500 14th Avenue South, #11
Council Member Hamerlik stated that he had made the motion to committee to continue the service for the six nights and they had as an alternative service level to reduce it to five or four nights per week, and that’s what is coming out of the night bus committee; that the motion is not whether or not that they are retaining, that the motion is to retain the service. He stated that we need night transportation services, and that economics in itself should not be the deterrent here; however, the motion which is before the council is a straight six nights per week, and alternatives are gone.
Council Member Brooks stated we have a transportation system and a dial-a-ride system, that we’re trying to run mass transit which we can’t afford; and noted that when we have a discussion on the bus system, representatives of the handicapped community come and that we should be directing it at the handicapped community and run that system to meet that need for a lot less.
Council Member Martinson stated he has problem when he looks at the ridership numbers and cost per rider - should consider subsidizing dial-a-ride or taxicab system, and would like to recommend that they look into another committee to seek an alternative to the night bus system; and that it’s vital that the City provide the type of service for the seniors and the handicapped people.