Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 25, 2002
The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, March 25, 2002 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 (teleconference), Glassheim (teleconference), Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: Council Member Lunak - 1.
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 announced that the items on the agenda for the special city council meeting were previously tabled and asked for a motion to place those items on the floor. It was moved by Council Member Kreun and seconded by Council Member Martinson to place the matter of the final plat of West Campus Resubdivision and the matter of the public hearing and second reading of an ordinance to amend the zoning map 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 before the city council for consideration. Carried 13 votes affirmative.
APPROVE FINAL PLAT OF WEST CAMPUS RESUBDIVISION
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 hereby 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, was presented and read.
Dennis Potter, city planner, reported that he has included a memo dated March 21, 2002 to Mr. Rick Tonder, associate director of Facilities/Planning at the University of North Dakota outlining the results of a meeting of the staff and several members of the city council with the University of North Dakota staff ; that they reached an agreement on the issues in relationship to the City's concerns about being able to have a clear understanding and have land available for construction of the 42nd Street underpass and the University's issues that they would have the ability to receive fair and just compensation from the City, and that the staff recommended final approval of the plat of West Campus Resubdivision including the technical changes and substitute language contained in his memo to Mr. Tonder for technical change 4.E.
There was some discussion that the 42nd Street study specifically stated, and later adopted, was for an underpass and if that would create a deterrent for a change later if it was so decided. Mr. Potter stated it would not but presently the City's basic plan is to build an underpass; and that if we were to adopt this action this evening and then want to make change because the University came with an alternative way to address our concerns or if we were to find a better way to address our concerns about grade separation we would not be foreclosed from having a conversation about that but if were to have those conversations and want to change, it would require an agreement between both the City and the University on the change. He stated you can always have future conversations if there is a better way but when we adopt this, we are saying for now this is what we plan to do. Council Member Hamerlik asked if it wasn't better to take care of making it more generic but include underpass at this time; Mr. Potter stated from staff's standpoint they would prefer to stay with the underpass.
Council Member Christensen stated the issue isn't underpass or overpass but what is paramount and of concern to the City is the language that says that the University will not construct or permit to be constructed any building or parking lot or the installation of any roads or utilities or make any other significant improvements upon or under the real property included within the area designated as the 42nd Street underpass corridor, and that is what the City wants because they can't put anything on top of that land or under that land without coming back to the Planning and Zoning and without getting approval of the council - underpass or overpass is immaterial that the issue is controlling the location and the City has that, and should go forward with the plat as presented with the exception that rather than saying "..will be reserved for future construction.." it will be "...to be reserved ..." as pointed out by the city attorney; and it would read the area designated as "future 42nd Street underpass corridor to be reserved for future construction of an underpass by the City of Grand Forks...." with the rest of the language and that would be added to the plat, with the exception as the city attorney pointed out, and moved that we approve the final plat with this language to be included on the plat. Council Member Kreun seconded the motion along with the addition of subject to technical changes.
Council Member Burke asked what the legal effect of placing a note on a plat has. Mr. Swanson stated that the effect of placing a note on a plat is more one of notice to the owner or any potential developer or future owner that there is a reservation, that reservations on plats are not uncommon particularly for future improvements and it is not a taking in that the property is still owned by the University or whichever property owner is signing off on the plat but it is intended to depict future plans. It does not forbid development but restricts or controls and that it meets the intent that he expressed concern with previously and if you do not acquire the right of way now, you leave yourself open for potential development and either a future owner or future developer saying that they were not aware of any plans for that particular right of way to be used in a future construction.
Council Member Brooks stated the problem he has with this - that what's vital to the future of Grand Forks as we proceed and make progress, one of the important things that we have to do is make ourselves more user friendly to those that come in and want to look at development here, economic development, whether it be a hotel or a manufacturing concern, etc. and his concern is that the council or our position as council members is to see that takes place, our job to make sure that we communicate with the Regional Economic Authority and work with them closely to see that those paths are smooth for people to come into town and that's the job of the city council, not to sit down and negotiate, that we have an excellent staff to sit down and work out these details, then brought to the city council.
Council Member Bjerke asked if there was any discussion at meeting if the land should be purchased as soon as possible or wait and when the issue of the $400,000 would come before the council. Council Member Christensen stated there was no discussion. The city auditor stated he believed that was a recommendation that the mayor made to University and doesn't know if they have received a formal request saying that would be acceptable. Mayor Brown stated they were waiting for that.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Burke,
Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Brooks, Bjerke, Stevens, Hamerlik - 13; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT ORDINANCE NO. 3918, TO REZONE AND TO
INCLUDE WEST CAMPUS PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL
OF WEST CAMPUS RESUBDIVISION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, 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", which had been introduced and passed on its first reading on January 22, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration.
Mayor Brown opened and closed the public hearing.
Mr. Potter stated that with the approval of the final plat the staff would recommend approval of the ordinance subject to the technical changes, which are attached to the document.
It was moved by Council Member Kreun and seconded by Council Member Martinson to adopt the ordinance upon second reading subject to the technical changes. Carried 13 votes affirmative.
Upon call for the question on adoption of the ordinance and upon roll call the following voted "aye": Council Members Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Brooks, Bjerke, Stevens, Hamerlik, Burke - 13; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
Mayor Brown stated he was pleased that we are continuing to move this matter forward but is not pleased with the recent characterizations of City staff, elected officials and the City's development process; that he needs to commend the staff and officials involved with the hotel development project, that when difficulties arose the parties overcame them and removed the obstacles to this project; they saw that different entities can communicate and work together to an end that is good for entire community; that there has been some criticism that government doesn't move at the speed of business, this is by design, and in fact this administration is going to ensure that government moves deliberately and with the interests of all of our constituents, not just one organization or segment in mind, but it will move forward. He stated he will assure you that at no time did he observe any attempt to delay or dismantle this project, what he saw was solution finders and bridge builders and now sees a successful outcome and that leads him to a final point, according to one recent report our community needs to do a better job celebrating its successes and spend less time beating itself up - this a success. Although we will continue to evaluate our procedures this is definitely a success and thanked everyone who made this happen.
ADJOURN
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that we adjourn. Carried 13 votes affirmative.
Respectfully submitted,
John M. Schmisek, City Auditor
Approved:
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Michael R. Brown, Mayor