Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 18, 2002
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 18, 2001 at the hour of 7:00 o’clock p.m. (following Growth Fund meeting) with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke (teleconference), Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; absent: Council Members Lunak, Bakken - 2.
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 and recorded for delayed broadcast.
Mayor Brown announced that this week Grand Forks is bursting with culture, and welcomed our home-stay exchange students from Awano, Japan, that we have a good relationship with Awano, Japan and in addition to the home-stay exchange students, we are sister cities; we have the meditation garden being built in Grand Forks and is the fourth meditation garden in the world, the first which is outside of Japan. We also have trade delegations we exchange with Awano and Grand Forks officials and have done that several time in the past year. He asked the host students to come forward with their guests and state their name and address and that he would present them with a small gift from Grand Forks. Mayor Brown thanked them for coming to City Hall and welcomed them to our city.
Mayor Brown announced we also had a Russian delegation here this week to learn how we package, process and store food, and thanked the organizers, host families and businesses that made that trip possible; they are here as part of the product enhancement program that focuses on giving them a chance to learn some of the skills that are common in our economy but are vital for supporting their fledgling market economy; and had a chance to welcome them when they arrived in Grand Forks last Thursday and would like to take this opportunity to welcome them again, and like our Japanese home-stay exchange students, hope that we learn as much from them as they learn from us.
ADOPT ORDINANCE NO. 3916, RELATING TO TECHNICAL
CODE CORRECTIONS AND MISCELLANEOUS PROVISIONS
An ordinance entitled "An ordinance amending, repealing, and adopting sections of the Grand Forks City Code relating to technical code corrections and miscellaneous provisions", which had been introduced and passed on its first reading on March 4, 2002, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing; there were no comments and he closed the public hearing.
Howard Swanson, city attorney, reported that the draft ordinance that was in the packets is a revised draft that incorporated the changes made at the preliminary approval and first reading, specifically they altered the language in Section V where they changed the two-thirds to a specific number of five members and the rest of the items should reflect all of the matters that have been considered in the transition committee chaired by Council Member Brooks and that this ordinance is in final form for approval, and asked that they keep in mind that they have tabled two prior ordinances with regard to memberships of bodies that they will also need to act upon before the 25th of June that are not contained within this ordinance, and that this ordinance after adoption would be effective after June 25, that is the date the new council would take place.
Upon call for the question of the adoption of the ordinance by Council Member Christensen and Council Member Klave, and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT OF REPLAT OF ALL OF BLOCKS
1, 2, 4, 5, 6 AND 7, COLUMBIA PARK 26TH ADDITION
The staff report from the Planning and Zoning Commission relating to the matter of the request from Steve Adams on behalf of Art Greenberg, Jr. for final approval of a Replat of all of Blocks 1, 2, 4, 5, 6 and 7, Columbia Park 26th Addition to the city of Grand Forks, North Dakota, including all vacated streets and avenues therein (located between 36th and 40th Avenue South and between South 20th and 26th Streets), 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 Kreun and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3917, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF MAC'S NGF ADDITION
TO THE CITY OF GRAND FORKS
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 MAC's NGF Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 19, 2002 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 Department relating to the request from George G. McEnroe for final approval of the Street and Highway Code for the plat of MAC's NGF Addition, Falconer Township, Grand Forks, ND, being a part of the Southeast Quarter of Section 18, Twp. 152 North, Range 50 West of the Fifth Principal Meridian. Said addition is located west of North 42nd Street and north of 54th Avenue North, with recommendation to give final approval.
It was moved by Council Member Gershman and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT OF MAC'S NGF ADDITION
The staff report from the Planning and Zoning Commission relating to the request from George G. McEnroe for final approval of the plat of MAC's NGF Addition, Falconer Township, Grand Forks, ND, being a part of the Southeast Quarter of Section 18, Twp 152 North, Range 50 West of the Fifth Principal Meridian and including a variance to the Subdivision Code as it relates to access onto a section line road (arterial) and to minimum lot sizes of 2.5 acres for non-farm single family lots. Said addition is located west of North 42nd Street and north of 54th Avenue North; with recommendation to give final approval to the plat.
It was moved by Council Member Klave and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 12 votes affirmative.
TABLE REQUEST FROM UNIVERSITY OF NORTH DAKOTA
FOR FINAL APPROVAL OF PLAT OF WEST CAMPUS RE-
SUBDIVISION INDEFINITELY
The staff report from the Planning Department relating to the matter of the request from Rick Tonder on behalf of the University of North Dakota for final approval of the plat of West Campus Resubdivision, being a replat of all of Blocks 2 and 3, Burlington Northern Industrial Park Resubdivision including portions of North 42nd Street and University Avenue right of way and vacated North 43rd Street and 1st Avenue North. This plat also corrects the plat of Burlington Northern Industrial Park Resubdivision by the removal of the southerly 15 feet of Lots 3, 4 and 5, Block 2, Burlington Northern Industrial Park Resubdivision, Grand Forks, North Dakota; with recommendation for final approval by the Planning and Zoning Commission of the plat of West Campus Resubdivision, subject to the conditions shown on or attached to the review copy, recommend the city council give final approval to the plat, subject to the conditions shown on or attached to the review copy.
Council Member Kreun stated that being this is some information that is going to be long term range planning from Planning & Zoning and asked if Mr. Potter would go through the process and explanation on the changes that we have.
Mr. Potter reported they have been deferring this item as well as the item relating to the adoption of an ordinance to rezone and exclude from the U-D (University District) and to include within the West Campus PUD (Planned Unit Development), Concept Development Plan, all of West Campus Resubdivision for two meetings so that they could have a conversation with the University of North Dakota about the City's desire to acquire an easement as part of the platting process for the future right of way for what will be the 42nd Street underpass where 42nd and DeMers and the Burlington Northern Railroad meet. He stated the University has not wanted to grant us the easement, they have cited a number of issues related to their legal ability to grant an easement for a project such as what we are proposing. He stated the council has before it this evening a letter that is addressed to himself and the city engineer that sets forth essentially an alternative position by the University of North Dakota and has to do basically with their request that they would recognize the fact that the City of Grand Forks does want to build the 42nd Street underpass, however, it will defer specific mechanics of the acquisition of the property and possibly even the design of the underpass to the time at which the City would be ready to construct; that at the moment our estimate for construction on the 42nd Street underpass is possibly 5 years and looking at financial picture, the State has estimated to UND that it could be 10 years out, and that is a brief explanation of why they have been holding on this, and have the University's written counter proposal and that would be before you for discussion; if you choose to accept it or any part of it, then in your final acting motion you would want to delete technical change 4.B.
Council Member Hamerlik asked for Mr. Potter's reaction to the counter proposal from the University, and if there would be another counterproposal that he would have in mind. Mr. Potter stated he would not have an alternative counter motion at this time, and at this point both he and the city engineer need some guidance from the city council, the strongest position for the City is to continue to ask for the easement of the University, when back away from that then lessen our negotiating position, and question is, if you want to back away from that, and what the University has presented is as far as you want to go or do you want to provide some discussion and direction to staff to find something in between.
Council Member Christensen stated it was incumbent upon this body not to make problems for future bodies that sit up here, the staff has suggested that we have an easement on the plat for various reasons, that right now it is raw land but if there is future development over the area and if the time comes for taking of the land - if have inverse condemnation or partial taking which affects whatever they build on this plat, is going to cost the City more to acquire that land for an underpass; not in favor of deleting item 4B and should go with recommendation from Planning and Zoning Commission and from staff.
Council Member Brooks stated he did not want to vote on this tonight, and moved to table indefinitely; Council Member Christensen seconded the motion. Carried 11 votes affirmative; Council Member Kreun voted against the motion to table.
Mr. Swanson stated the motion as he understands it was an indefinite table, and to bring an indefinite table back on the floor will require a motion from the body to remove it from the table for action.
TABLE INDEFINITELY PUBLIC HEARING AND SECOND
READING OF THE ORDINANCE TO REZONE AND TO
INCLUDE WITHIN WEST CAMPUS PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL
OF WEST CAMPUS RESUBDIVISION
Mr. Potter stated that in light of tabling the plat of West Campus PUD, they also table the item relating to the public hearing and second reading of the ordinance to rezone West Campus PUD.
The staff report from the Planning Department relating to the matter of the request from Rick Tonder on behalf of the University of North Dakota for final approval of an ordinance to rezone and exclude from the U-D (University District) and to include within the West Campus PUD (Planned Unit Development), Concept Development Plan, all of West Campus Resubdivision, Grand Forks, North Dakota, was presented by the city auditor.
It was moved by Council Member Klave and seconded by Council Member Martinson to table this matter indefinitely. Carried 12 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE NORTH CONGRESSIONAL PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, ALL OF CONGRESSIONAL FIRST
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Terry Hanson on behalf of Grand Forks Homes, Inc. for the preliminary approval of an ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to exclude from the North Congressional PUD (Planned Unit Development), Concept Development Plan, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Congressional First Resubdivision, Grand Forks, North Dakota, with all substantive changes lying within Lots 1 through 14, Block 6 thereof (located at 1001-1098 Selkirk Circle), with recommendation for preliminary approval of and to set a public hearing date for April 15, 2002.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kreun 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 North Congressional PUD (Planned Unit Development), Concept Development Plan, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Congressional First Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
ADOPT RESOLUTION ESTABLISHING TERMS AND
DIRECTING ISSUANCE OF $1,835,570 DEFINITIVE
IMPROVEMENT WARRANTS, SERIES 2002-A (DIKE
IMPROVEMENTS) ON THE FUND OF FLOOD DISTRICT
NO. 14 AND PROVIDING FOR AND APPROPRIATING
SPECIAL ASSESSMENTS FOR THE SUPPORT AND
MAINTENANCE OF SAID FUND
The staff report from the Finance Department relating to the resolution establishing terms and directing issuance of $1,835,570 definitive improvement warrants, Series 2002-A (Dike Improvements) on the fund of the Flood District No.14 and providing for and appropriating special assessments for the support and maintenance of said fund, with recommendation to approve the resolution and authorize proper city officials to execute the loan agreement after review by the city attorney.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kerian introduced the following resolution, which was presented and read: Document No. 8143 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the resolution adopted.
ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
OF SEWER RESERVE REVENUE BONDS, SERIES 2002-C
TO FINANCE THE UNDERTAKING OF AN EXPANSION
AND IMPROVEMENT OF THE MUNICIPAL SEWERAGE
UTILITY
The staff report from the Finance Department relating to the resolution authorizing the issuance of Sewer Reserve Revenue Bonds, Series 2002-C to finance the undertaking of an expansion and improvement of the municipal sewerage utility, with recommendation to approve the resolution and authorize proper city officials to execute the loan agreement after review by the city attorney.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kerian introduced the following resolution, which was presented and read: Document No. 8144 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the resolution adopted.
ADOPT RESOLUTION ESTABLISHING TERMS AND
DIRECTING ISSUANCE OF $3,094,077 DEFINITIVE
IMPROVEMENT WARRANTS, SERIES 2002-B (DIKE
IMPROVEMENTS) ON THE FUND OF THE FLOOD DISTRICT
NO. 14 AND PROVIDING FOR AND APPROPRIATING
SPECIAL ASSESSMENTS FOR THE SUPPORT AND
MAINTENANCE OF SAID FUND
The staff report from the Finance Department relating to the resolution establishing terms and directing issuance of $3,094,077 definitive improvement warrants, Series 2002-B (Dike Improvements) on the fund of the Flood District No.14 and providing for and appropriating special assessments for the support and maintenance of said fund, with recommendation to approve the resolution and authorize proper city officials to execute the loan agreement after review by the city attorney.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kerian introduced the following resolution, which was presented and read: Document No. 8145 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the resolution adopted.
APPROVE ABATEMENT OF 1999 AND 2000 TAXES ON
PROPERTY AT 512 4TH AVENUE SOUTH
The staff report from the city assessor relating to applications for abatement for 1999 and 2000 taxes by Chris Ortega on 512 4th Avenue South, (rear 60 ft. of Lot 11, Block 14, Traill's Addition) with recommendation to recommend to the Board of County Commissioners that the applications for 1999 and 2000 be approved in part by reducing the market values to $34,800 for 1999 and to $34,900 for 2000.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.
ACCEPT BID FOR GRINDING OF LANDFILL WOODY
DEBRIS
The staff report from the director of public works relating to the landfill woody debris grinding bid, with recommendation to approve landfill woody debris grinding bid as follows and as per bid tabulation form: NRG Wood Grinding, Alternative B, $9.69/ton or $127,908 total project; and the City of Grand Forks may accept the deduct of $1.00/ton or $13,200 total project upon concurrence of FEMA
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried.
ACCEPT BID AND AWARD CONTRACT FOR PROJECT
NO. 5291, 2002 ADA CURB RAMPS
The staff report from the engineering department relating to the consideration of bids for construction of City Project No. 5291, 2002 ADA Curb Ramps, with recommendation to award contract to lowest responsible bidder, G.W. & Sons Construction, Inc. in the amount of $68,490.00.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
ACCEPT BID AND AWARD CONTRACT FOR PROJECT
NO. 5289, 2002 CONCRETE STREET REPAIRS
The staff report from the engineering department relating to the consideration of bids for construction of City Project No. 5289, 2002 Concrete Street Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction, Inc., in the amount of $215,668.50.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
ACCEPT BID AND AWARD CONTRACT FOR SIDEWALK
PROJECT NO. 5288, 2002 SIDEWALK REPAIRS
The staff report from the engineering department relating to consideration of bids for construction of City Project No. 5288, 2002 Sidewalk Repairs, with recommendation to award contract to low bidder, Heston Contracting, Inc., in the amount of $128,570.00.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AUTHORIZE FIRE DEPARTMENT TO APPLY FOR GRANT
FROM FEMA FIRE GRANT PROGRAM
The staff report from the fire department relating to Fire Department FEMA Fire Grant application request, with recommendation to allow fire department to apply for capital grant from the FEMA Fire Grant Program.
It was moved by Council Member Kerian and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
PORTFOLIO MANAGEMENT SUMMARY
The Portfolio Management Summary dated February 28, 2002 was presented for information.
It was moved by Council Member Kerian and seconded by Council Member Martinson that the summary be received and filed. Carried 12 votes affirmative.
INTRODUCE ORDINANCE TO ANNEX LOTS 1-16, BLOCK 1,
LOTS 1-10 AND LOTS 18-24, BLOCK 2, BELMONT ESTATES
FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to the matter of the request from Tim
Crary on behalf of Crary Development, Inc. of an ordinance to annex Lots 1 through 16, Block 1, Lots 1 through 10 and Lots 18 through 24, Block 2, Belmont Estates First addition to the city of Grand Forks, North Dakota (located in the 5600 block of Belmont Road), with recommendation to grant final approval of the ordinance and recommend to the city council to give preliminary approval of the ordinance and set a public hearing for April 1, 2002.
Council Member Klave stated that Planning and Zoning has some concerns on the commercial property, that this body could approve it but that it will be back before Planning and Zoning Commission for further consideration and some question on the R-4 Multi-Family.
Thomas C. Reiten, 4620 Loamy Hills Place, appeared before the council and expressed concern that he and his wife as well as a number of their neighbors have in regard to this item, as well as the matter of the preliminary plat of Belmont Estates First Addition, and the rezoning of the property. He stated in addition to the R-1 Single Family Zoning Crary Development is requesting to rezone the areas in this proposed development for R-2 (Two Family) and R-4 (Multi-Family High Density) and in addition is also requesting a B-3 (General Business) District commercial zone; that he has no objection to the annexation of the proposed single family development but objects to the proposed zoning of the areas for general business district and high density multi-family district, and respectfully asked that the council not approve this request as submitted.
Council Member Kreun stated there is some misunderstanding, doesn't think the developer wants apartments or anything of that nature and maybe the zoning can be changed to accommodate what he is asking in respect for non-commercial and apartment buildings but there might be some town-house development in some of those areas and that they can redo that zoning into an R-3 with a limited cap of residency issues, numbers of people in those areas, and may want to bring it back to Planning & Zoning and have the developer and some of the residents bring further their concerns and bring back to council at a later date with a recommendation that would work for both parties. Council Member Klave seconded the motion.
Mr. Swanson stated the motion on the floor now to recommit it back to Planning and Zoning Commission, you will not be giving it first reading; without that motion you'd hear first reading which is a preliminary approval and would come back to you for second reading.
The mover and second withdrew their motion so they could continue with the development and still meet the needs of both parties.
Mr. Potter noted that the area of B-3 zone, commercial property, is designated at the intersection of Belmont and 62nd Avenue South.
It was moved by Council Member Hamerlik and seconded by Council Member Stevens that we refer this matter to Planning and Zoning and to come back at a later date for first reading.
Council Member Glassheim asked if he could substitute by amending to approve the first reading. Mr. Swanson stated that would be a mutually inconsistent motion, if you give first reading it automatically goes back to Planning and Zoning for further consideration and action; the motion on the floor now is the re-commitment to go back without first reading.
Upon call for the question on the motion and upon voice vote, the motion was defeated.
It was moved by Council Member Christensen and seconded by Council Member Kreun to approve first reading of the ordinance. Council Member Kreun seconded the motion. Carried 12 votes affirmative.
Council Member Kreun introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lots 1 through 16, Block 1, Lots 1 through 10 and Lots 18 through 24, Block 2, and Lot 1, Block 4, Belmont Estates First Addition to the city of Grand Forks, North Dakota, less all that portion previously annexed by Resolution Nos. 4532 and 7037 and Ordinance No. 3732", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREEET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF BELMONT ESTATES FIRST
ADDITION
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Crary Development, Inc. for preliminary approval of the plat of Belmont Estates First Addition to the city of Grand Forks, North Dakota (located in the 5600 block of Belmont Road), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy and to give preliminary approval of the ordinance amending the Street and Highway Plan and set a public hearing for April 15, 2002.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kreun 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 Belmont Estates First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE BELMONT ESTATES PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF BELMONT ESTATES FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of an ordinance amending the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the Belmont Estates PUD (Planned Unit Development), Concept Development Plan (located in the 5600 block of Belmont Road), with recommendation to give preliminary approval of the ordinance and Planned Unit Development, Concept Development Plan, subject to the conditions shown on or attached to the review copy, and to set the public hearing for April 15, 2002.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kreun 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 Reserve District) and to include within the Belmont Estates PUD (Planned Unit Development), Concept Development Plan, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR
ON-SALE BEER AND WINE) LICENSE AT 1149 36TH
AVENUE SOUTH
The staff report from the Finance Department relating to the application for Class 3 (Off and/or On-Sale Beer and Wine) license at 1149 36th Avenue South by FND, Inc. dba Parrots Cay Tavern, with recommendation to approve issuance of the license contingent upon meeting all the regulations of the City Code, including approval of the city attorney and sign off by appropriate departments.
It was moved by Council Member Brooks and seconded by Council Member Martinson that this recommendation be and is hereby approved.
Council Member Gershman asked to abstain from voting on this issue and it was so moved by Council Members Brooks and Martinson. Carried 11 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 10 votes affirmative; Council Members Bjerke voting against the motion and Council Member Gershman abstaining.
2002 STOREFRONT REHABILITATION PROGRAM
The staff report from the urban development office relating to the 2002 storefront rehabilitation program, with recommendation to approve the program description for the 2002 storefront rehabilitation program and to direct staff to review its current slum and blight area and amend to include all areas eligible for the program, if current condition of the areas warrant such designation.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 10 votes affirmative; Council Members Bjerke and Stevens voted against the motion.
COUNCIL MARTINSON EXCUSED
APPROVE CHANGE ORDER FOR PROJECT NO. 5172,
GREENWAY CLEANUP PHASE I
The staff report from the greenway coordinator relating to Change Order #2 for City Project No. 5172, Greenway Cleanup Phase 1, removal of pavement on the wet side of the flood protection project near the Koinonia site along Hughes Court and along Belmont Court as well as removal of the bridge in the Koinonia site, with recommendation to approve Change Order No. 2 to City Project No. 5172, Greenway Cleanup Phase I for the sum of $28,960 to remove pavement in Koinonia site along Hughes Court and along Belmont Court as well as removal of the bridge in Koinonia site.
Council Member Christensen asked why the bridge is being removed. Mr. Grasser stated removal of the bridge is part of the infrastructure system that is coming out on the wet side, the road goes over that bridge now and road is coming out and long term may present hazard and are removing it.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 11 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS FOR PAVING PROJECT NO. 5328,
DISTRICT NO. 584
The engineer's estimate of total cost of the construction of paving on Linden Court from 10th Avenue South to 15th Avenue South in the amount of $215,738.00, was presented and read.
The staff report from engineering department relating to plans and specifications for City Project No. 5328, District No. 584, Linden Court paving from 10th Avenue to 15th Avenue South, with recommendation to approve plans and specifications and set bid date as April 16, 2002 for Project No. 5328, District No. 584, and to approve the revised engineer's report (Document No.8146 - Report.)
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 10 votes affirmative, Council Member Bjerke voted against the motion.
Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8147 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 10 votes affirmative; Council Member Bjerke voted against the motion.
APPROVE APPOINTMENTS TO PLANNING AND ZONING
COMMISSION AND TO DOWNTOWN DESIGN REVIEW BOARD
The staff report from Mayor Brown relating to his appointments to the Planning and Zoning and Downtown Design Review Board, with recommendation to approve reappointment of Gary Malm to the Planning and Zoning Commission for a 5-year term; approve reappointment of Al Berger and James Galloway to the Downtown Design Review Board for a 3-year term; approve appointment of Linda Magness to the Downtown Design Review Board for a 3-year term.
COUNCIL MEMBER MARTINSON REPORTED BACK
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that the appointments as made by Mayor Brown be and are hereby approved. Carried 11 votes affirmative; Council Member Bjerke voted against the appointments.
APPROVE MINUTES MARCH 4, 2002
Typewritten copies of the minutes of the city council meeting held on Monday, March 4, 2002 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Brooks that these minutes be approved as read. Carried 12 votes affirmative.
APPROVE BILL LISTING
Vendor Payment Listing No.02-06, dated March 18, 2002, totaling $1,335,654.15 were presented and read.
It was moved by Council Member Bjerke and seconded by Council Member Brooks 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, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
MAYOR AND COUNCIL COMMENTS
1) Council Member Gershman congratulated United Way for reaching their $1 million goal and the people of Grand Forks, that when remembering the amount of money that went to New York and Washington with September 11 and the flood protection and insurance that people are paying, and yet our citizens stepped forward and donated $1 million to help other people, speaks so well of this community and proud to be a member of this community.
2) Council Member Glassheim wished everyone a Happy St. Patrick's Day.
3) Council Member Hamerlik stated that Art-Wise is on and is a great exhibition at the Alerus Center.
4) Council Member Stevens stated that last week he was in Ashville, NC and observed their city council meeting, they have a city of 85,000 people and have 6 council members; that he was impressed with what a smaller council could do, they seemed to know direction they wanted to go and each spoke his mind but were able to come to a consensus very easily; and is hopeful when we reduce to 7 members that our council will be that way also.
5) Council Member Bjerke questioned whether the overtime would be included on the March 25 agenda; and asked when the additional 27 people were being evaluated (same day); and asked if they could separate the recycling charge on the bill so that residents could see what they pay for sanitation and what paying for recycling every month. Mayor Brown stated they would look into that and get him the information.
6) Council Member Brooks questioned whether there were some items to be decided on the storefront program. Mr. Hanson reported there were two important items, that if the council agreed with the dollar amount of $10,000 and the two to one match that was requested, and any additional area that what they are proposing - they already have a program that this program is available within, but if want to expand it farther south on South Washington and west on Gateway or north on Washington, north of Gateway, need that direction and looking for selection committee of the applications; they opened a 30-day public comment period on this project and that will close with the public hearing on April 15 and then can respond to other items. Council Member Christensen asked when this comes back to the council, they will discuss the size of the grant; Mr. Hanson stated that can be discussed at the public hearing.
7) Council Member Christensen requested a report as to the status of the conveyance of the L.M. Glassfibre building from the EDC to the JDA; that at one point they were going to change the ordinance so that the snowmobile routes could be something that would be approved by the chief of police, with appeal to the city council; bike path to the South Middle School as there are still some issues as far as residents getting their kids to ride their bikes to school; and also requested a report from the Dept. of Urban Development re. lots for sale in this community - status of the lots on the dry side of the dike and the houses that the City owns on the dry side of the dike and if list those lots or homes for sale this spring as declared surplus a year ago.
8) Council Member Kerian stated that appointments to committees, sees this as an opportunity for citizens to be able to grow in leadership with the city, and hoping to develop some means to make that information more available and invite people to participate. Mayor Brown stated that process is underway.
9) Council Member Kreun stated we have to clarify statements made in various news media - one of the things was indicated that we had done was that we made a loan to a motel in town, that the City is going to sell bonds for special assessments and they will be paid back under the special assessments; the City doesn't make loans, JDA or Economic Development Corporation make loans under certain circumstances and we were selling bonds so that the infrastructure can be put in place and will be repaid back under the auspice of special assessments. Council Member Gershman stated that is not something we have done, that is something that the mayor has proposed to the development, and council has not acted on that issue at all, was an offer by the mayor.