Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 15, 2002
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 15, 2002 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.
President Gershman 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.
President Gershman also announced and commented on the following items:
1) He noted the passing of Raymond Slominski, valued employee for over13 years as an equipment operator for the street department; he died suddenly and offered our sincere condolences to the family and friends.
2) He stated we've had the first case of West Nile virus, which was discovered in a horse near Grand Forks last Thursday, and important to remember that no ND residents have been diagnosed with the West Nile encephalitis and the risk to North Dakotans remains low. Most people infected with diseases transmitted by mosquitoes experience no symptoms or have only mild symptoms such as fever and headaches. The City and County West Nile response plan has implemented measures that include increased West Nile virus safe surveillance for bird, horse and humans, public education concerning normal precautions and continued larviciding and ground spraying when warranted to reduce the number of mosquitoes and are encouraging citizens to enjoy outdoor activities and recommend that you take normal precautions for protection by limiting outdoor activities between dusk and dawn, eliminating stagnant water in containers around your homes, repairing screens in windows and doors, using insect repellent that contains Deet (30% or less), etc.
3) He thanked the Park District for an outstanding job hosting our guests, the Japanese gardeners, they had to cut their trip short but they may be coming back this summer or fall. The garden is in the Sertoma Park and will be quite beautiful and is one of four parks like this in the world.
4) Under summer events re. the fair at the Alerus Center, there was great cooperation from the Alerus staff with the Fair Board.
5) He also noted the Mayor's comments re. events in the community, and congratulations to the Alerus Center and the County for pulling off a first-time Grand Forks County Fair, and received very positive feed-back from the Fair organizers and a great venue for all types of events, and echoed by people around the region and beyond.
6) He noted that the Mayor had attended Summerthing at University Park, and thanks to the Park District for sponsoring this event.
7) He commended the city firefighters who were battling the heat in the new fire education RV at Summerthing.
8) He stated we have more diverse events in store - Passport to Culture this Thursday at Town Square and second in the series of the smallest Riverside Blues Festival on Saturday with the concert featuring Walter Trout in Town Square, and that Tuesday night at the Empire Arts Center Maria Muldouer will be here, with profits to the Empire Arts Center.
PRESENTATION OF 2002 ENGINEERING EXCELLENCE AWARD
Mike Murie, ND Council of Engineering Companies Awards Committee presented the American Council of Engineering Companies National Recognition Award to Al Grasser and Adam Jonasson from the city engineering department and to Charlie Vein and Roger Grimsley from Advanced Engineering, for the Grand Forks City-wide Geographic Information System project.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE A HOUSE FROM 1402 SOUTH 17TH STREET
TO 721 CHERRY STREET
The deputy city auditor reported that the notice of public hearing on the application by Ricky Johnson to move a dwelling from 1402 South 17th Street to 721 Cherry Street had been continued until this evening.
President Gershman opened the public hearing.
Several individuals opposed the moving of the house to 721 Cherry Street:
Susan Askjeim, 716 Cherry Street
Francis Adams, 718 Cherry Street
Paul Johnson, Mayville, ND, representing Ricky Johnson, stated that Ricky Johnson owns the lot and plans have been submitted and presented a copy to the council for viewing, showing that the house would have a front porch and entry to be similar to houses in the block, that there no longer was driveway in the front, access from the alley, and that Ricky Johnson plans to live in the house.
Mel Carsen, city assessor, reported that the Mayor asked him to review any information that the owner might furnish, but nothing furnished as to what the impact might be on the values, that he looked at the neighborhood and their assessed values range from $36,400 to about $73,400, and most buildings are one and three-quarter story houses or two story houses built between 1898 and 1928, that this house is considerably newer and is a one-story house compared to two-story houses. The value of this house when completed would very likely be more than most of the houses in the neighborhood or that block; and would be hard pressed to say that it would negatively impact the value of the current homes and doesn't find that source of evidence in the marketplace; architecturally it might not fit real well but doesn't think that negatively affects the value; there's perception of some property owners that it would be a big negative influence but doesn't see that in the marketplace. Mr. Carsen viewed the drawing submitted by Mr. Johnson; and that the addition to the front of the house rather that at the side, and elevation of the house making it a bi-level house, gaining more area; and lifting the house up and making it a bi-level, which they are planning, would enhance the value, and his opinion is that it wouldn't have any positive or negative affect on the neighborhood.
President Gershman closed the public hearing.
The staff report from the Inspections Department, relating to the application to move the house from 1402 South 17th Street to 7921 Cherry Street, with recommendation for approval of the moving permit be approved.
It was moved by Council Member Kerian and seconded by Council Member Glassheim that this recommendation be approved, and that Mr. Johnson be authorized to move the building. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
TABLE SECOND READING OF ORDINANCE RELATING
TO THE ESTABLISHING OF REGULATIONS GOVERNING
THE USE OF A-FRAME SIGNS AND SCHEDULE SPECIAL
MEETING OF THE CITY COUNCIL
An ordinance entitled "An ordinance enacting Sections XX-XXXX relating to signs in the central business district", which had been introduced and passed on its first reading on May 20, 2002 and upon which public hearing had been continued, was presented and read for consideration on second reading.
President Gershman opened the public hearing.
Council Member Christensen stated he had some editing of the ordinance and that if they are going to have consistency they have the Downtown Design Review Board - sometimes say City and sometimes Downtown Design Review Board and should be consistent; that on page 2 paragraph 4, where talking about holder thereof and statue says "permittee" and should use "permittee" throughout; and ordinance lists "..within 10 days of the day of mailing.." and how do you know they get the mailing and should be "..within 10 days of receipt of the mailing.." if do by certified mail. Mr. Swanson stated that unless it is specifically provided the appeal goes to the council, otherwise to the administrative coordinator, then to the council. Council Member Christensen stated that if there were a denial of the permit, would like to have direct appeal to the council.
President Gershman stated he had comments under Definition on page 1, where it says "..the business or service shall advertise only those goods and services sold or offered by the permittee.." and would like to offer an amendment to that which would be "..or to promote non-profit activities.." because this could help the community.
Dennis Potter, city planner, offered several amendments to the ordinance - that with the 2 ft. and 6 ft. setbacks for clear unobstructed walk, they reviewed and the width of sidewalks on DeMers are narrower than the scale on air photos and would like to do a global change where they would take all references to a 2 ft. clearance from the curb to 1 ft. and change all references to a 6 ft. unobstructed sidewalk area to a 4 ft.; that he has discussed that with the city attorney and that will allow them to work on DeMers, and made the request.
Mr. Swanson had two minor comments on section re. confiscation of signs and would propose that they would amend it to removal of signs and change word confiscated to removed, as confiscation would indicate not only removing it from the premises but taking title to it and the City is not interested in the latter and if there is a problem which is a safety issue, it may be removed from the premises but not confiscated from the owner. The other comment was re. the section with compliance with ADA requirements and doesn't believe that is necessary and no need to incorporate it the ordinances, and asked that they make those amendments to the section on confiscation and remove the ADA requirements.
Council Member Christensen also noted the section stated signs located in a position approved by the City, should be by the Downtown Design Review Board, and if there is a violation, there will be a letter going out stating they are in violation and if not corrected, there will be a citation issued and it becomes a matter of Code violation.
Mr. Potter stated they were trying to keep pedestrians as far from the curb line and also providing a fairly large walkway, for pedestrians and also for wheelchair access, and on DeMers Avenue sidewalks had 7 feet and left 4 feet from there to the edge of the building, and require a 1 ft. minimum setback off the curb line and a 4 ft. clear unobstructed walkway - signs are a max. of 32" in width, and if putting sign at curb line have to put 1 ft. away from the curb line. It was noted that the ordinance states that a sign must be placed on the sidewalk immediately adjacent to the building and business to which the sign relates.
President Gershman closed the public hearing.
It was moved by Council Member Kreun and seconded by Council Member Glassheim to amend the ordinance as noted in the comments.
Council Member Kreun stated Planning and Zoning had discussed and passed motion that anybody who applied for a permit would receive a full year plus the balance of this summer for their fee, and that would be done administratively.
Upon call for the question on the amendments, and upon voice vote, the motion carried 7 votes affirmative.
It was moved by Council Member Hamerlik and seconded by Council Member Christensen to table second reading of the ordinance and call for a special meeting of the city council on Monday, July 22, and to limit the agenda to the ordinances relating to the A-frame signs and establishing regulations governing outdoor seating in the central business district. Carried 7 votes affirmative.
TABLE SECOND READING OF ORDINANCE RELATING
TO THE ESTABLISHING OF REGULATIONS GOVERNING
OUTDOOR SEATING IN CENTRAL BUSINESS DISTRICT
AND SCHEDULE SPECIAL MEETING OF THE CITY COUNCIL
An ordinance entitled "An ordinance enacting Section X-XXX relating to outdoor seating in the central business district", which had been introduced and passed on its first reading on May 20, 2002, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
President Gershman opened the public hearing; there were no comments from the public and the public hearing was closed.
Mr. Potter stated he had the same situation with regard to the 2 ft. clearance to 1 ft. at the curb and change all references to 2 ft. clearance from the curb to 1 ft. and change all references to a 6 ft. unobstructed walkway to 4 ft. and also under Standards for Temporary Encroachment (2) to read "The outermost (street side) edge of the clear straight pathway shall be at least one foot from the edge of the adjacent curb and shall be a straight line parallel to the curb." and balance of the paragraph, after consultation with the city attorney, is not necessary.
Council Member Christensen asked that they look at the ordinance and where the word "owner thereof or holder thereof" change that to permittee so are consistent. He also noted that under the section "Permit Issuance and Conditions", it states the City and should be the Downtown Design Review Board and if not included should have direct appeal to the city council; and in subsection (9) Permittee acknowledges that seating and tables are not for the exclusive use of permittee's customers, but may be used by the general public, and there was a suggestion to remove "..but may be used by the general public." Mr. Swanson stated he has no concerns with removing subsection (9) entirely; that a business could maintain those tables or attributes only for their patrons. Council Member Christensen stated under section on Enforcement Procedures, and after the words "..shall issue a notice of violation to the.." and should be to the "permittee." and hope to have the same language dealing with by certified mail or personal service so that the individual's time starts running when they receive notice i.e., by mail. Mr. Potter agreed to re-image the prior ordinance; and remove ADA references.
There was some discussion relative to the issuance fee for a permit of $100.00, and renewal fee of $100.00. Council Member Kreun stated that was discussed during Planning and Zoning Commission meeting and potential applicants at the meeting felt that was a fair amount for the fee and for renewal.
Council Member Glassheim stated that the subsection relating to allowing general public to use the tables and understands why business owner would want control over who sits at his tables, but concern about eroding public space and giving it to somebody else who is not paying for a building expanded by 6 ft. but is expanding into public space which the general public cannot use, and if amend it would like it to be done in a formal motion so he can vote no. Council Member Kerian stated that we would have some expectations that these areas would be maintained in the proper manner and if not an ability to control it in some way, that may be hard for the property owner; that there are other places to sit, benches provided and other areas that people can use.
Council Member Christensen moved an amendment to the ordinance under section re. Permit Issuance and Conditions, to delete subsection (9) Permittee acknowledges that seating and tables are not for the exclusive use of permittee's customers, by may be used by the general public. The motion was seconded by Council Member Kerian. Carried 6 votes affirmative, Council Member Glassheim voted no.
It was moved by Council Member Christensen and seconded by Council Member Hamerlik to amend the ordinance as discussed and that it be presented in written form to the council members by Friday of this week, and to table second reading of the ordinance and call for a special meeting of the city council on Monday, July 22, limiting the agenda to the ordinances relating to this ordinance and to the ordinance re. A-frame signs.
Council Member Hamerlik moved an amendment to the ordinance to delete any statement relative to $100.00 and to change that amount to $50.00 annual fee. The motion died for lack of a second.
Mr. Swanson asked for friendly amendment to the ordinance to include under the category Permit Issuance and Conditions, subsection (11) to identify that to read as follows: "Any other condition of approval which the City deems necessary or appropriate for the specific site and the safety of pedestrians, patrons and the general public."; and the other comment would appear under section Authorized Remedies and Penalties for Violations, what is now labeled (2) and (3) can be deleted. The mover and second agreed to the friendly amendment.
Upon voice vote, the motion carried 7 votes affirmative.
DEFEAT ORDINANCE TO AMEND ZONING MAP TO
REZONE AND EXCLUDE FROM R-4 (MULTIPLE FAMILY
RESIDENCE, HIGH DENSITY) DISTRICT AND INCLUDE
WITHIN B-3 (GENERAL BUSINESS) DISTRICT LOTS 17,
19, 21 AND 23, BLOCK 23, VILLARD'S ADDITION
The staff report from the Planning and Zoning Commission relating to the request from Douglas A. Bergman for preliminary approval of an ordinance to amend the Zoning Map to rezone from R-4 (Multiple-Family Residence High Density) District to B-3 (General Business) District, Lots 17, 19, 21 and 23, Block 23, Villards Addition to the city of Grand Forks, North Dakota (located at 12th Avenue South and South 15th Street), with recommendation for denial of the ordinance. The ordinance had been considered and denied by the city council on June 17, 2002 and reconsidered by the city council on June 25, 2002 for presentation to the city council for consideration of the request from Mr. Bergman this evening.
Mayor Gershman called upon the audience to see if there was anyone present who had comments to make on this matter.
Doug Bergman, 1923 South 19th Street, owner of the property at 1423 12th Avenue South, stated that they had meetings prior to this for public input and Planning and Zoning rejected the rezoning and out of the 55 notices that went out only 13 that were opposed to the rezoning, that concerns presented re. amount of noise, height of the building and that can be answered as the height of the building is that under current zoning, could build an office building there and height of it would not matter, the amount of noise would be very minimal as doors would be closed, not a high traffic area or business. He named several of the other businesses in the area (Hastings Heating, Busy Bubbles, Cash Trucking) and only requesting to move the zoning over 100 ft. It was noted that the building formerly used by Northern Property Mgmt would be torn down and become parking, and 30x40' metal building that was used as storage would remain as storage, and on southwest corner of the lot construct a new building; and requested rezoning of the property to B-3.
Several individuals opposed the rezoning of the property stating concerns re. devaluation of the property, amount of noise, size of the building and that this type of business inappropriate in their neighborhood:
John Hughes, 1503 11th Avenue South
Ron Kaiser, 1125 South 15th Street
Tom Hagness, 1423 11th Avenue South and that he received letter form Leila Olson opposing rezoning.
Charles Young, 1514 13th Avenue South
Mark Daucsavage, 1423 13th Avenue South, stated he had no opposition to the rezoning of the property.
President Gershman closed the public hearing.
It was moved by Council Member Kerian and seconded by Council Member Christensen for denial of the ordinance. After some discussion and upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Hamerlik voted against the motion.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 586, PROJECT NO. 5366
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvement in and for Paving District No. 586, Project No. 5366, paving South 25th Street from 45th Avenue South to 44th Avenue South and 44th Avenue South from South 25th to South 20th Streets, had expired on July 11, 2002, and that no written protests had been received.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Kerian introduced the following resolution as to protests, which was presented and read: Document No. 8195 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 586, Project No. 5366, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 7 votes affirmative.
RECEIVE TABLUATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5366, DISTRICT NO. 586
The deputy city auditor presented and read tabulation of bids which had been received and opened on July 1, 2002 for Paving Project No. 5366, District No. 586, paving South 25th Street from 45th Avenue South to 44th Avenue South and on 44th Avenue South from South 25th Street to South 20th Street, indicating that Aggregate Industries North Central Region, Inc. was the low bidder based upon their bid in the amount of $203,972.80: Document No. 8196 - Tabulation of Bids.
The city engineer's estimate of total cost on Project No. 5366, Paving District no. 586, in the amount of $259,000.00, was presented and read.
The staff report from the engineering department relating to bids for City Project No. 5366, District No. 586, paving South 25th Street from 45th Avenue South to 44th Avenue South and 44th Avenue South from South 25th to South 20th Streets, with recommendation to award contract to Aggregate Industries in the amount of $203,972.80.
It was moved by Council Member Kerian and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 7 votes affirmative.
Council Member Kerian introduced the following resolution, which was presented and read: Document No. 8197 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Glassheim that this resolution awarding the contract for Paving Project No. 5366, District No. 586, to Aggregate Industries North Central Region, Inc. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the resolution adopted and the contract awarded.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3930,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
BERG'S FIRST 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 Berg's First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 1, 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 deputy 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 her office.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Keith Berg (personal representative for Emil Jacobson Estate) and Keith Berg on behalf of himself for final approval of Berg's First Addition, Grand Forks County, North Dakota (located in the 7100 block of 32nd Avenue South), with recommendation for final approval of the plat of Berg's First Addition, subject to the conditions shown or attached to the review copy and including an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members, Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.
TABLE FINAL APPROVAL OF PLAT, AND TABLE PUBLIC
HEARING AND SECOND READING OF ORDINANCE TO
AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
BERG'S SECOND 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 Berg's Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 1, 2002 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The deputy 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 her office.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. Mr. Potter, city planner, asked that the city council table this matter until the August 19 city council meeting as the petitioners have asked for a hold on this matter while they continue to review their options as to how they want to deal with subdividing the land that is part of Berg's Second.
It was moved by Council Member Glassheim and seconded by Council Member Kerian to table the public hearing and second reading of the ordinance until August 19, 2002. Carried 7 votes affirmative.
TABLE PUBLIC HEARING OF PETITION TO VACATE
A 10-FT. WIDE EAST-WEST UTILITY EASEMENT LYING
SOUTH OF AND ADJOINING THE NORTH LINE OF BLOCK
1, PERKINGS THIRD ADDITION AND BLOCK 1, PERKINS
FOURTH ADDITION, EXCLUDING CERTAIN PORTIONS
UNTIL AUGUST 19, 2002
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 10-foot wide east-west utility easement lying south of and adjoining the north line of Block 1, Perkins Third Addition and Block 1, Perkins Fourth Addition to the city of Grand Forks, North Dakota, excluding the easterly 10 feet of said Perkins Third Addition to the city of Grand Forks, North Dakota, excluding the easterly 10 feet of said Perkins Third Addition and the westerly 10 feet of said Perkins Fourth Addition (located north of 36th Avenue South between South 31st Street and South 34th Street), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. Mr. Potter, city planner, asked that the city council table this matter until the August 19 city council meeting as all of the adjacent landowners have not yet signed the vacation document request.
It was moved by Council Member Glassheim and seconded by Council Member Kreun to table the public hearing and consideration on the petition for vacation until August 19, 2002. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 3931, RELATING TO NON-
CONFORMING USES
An ordinance entitled "An ordinance enacting Section 18-0411 of the Grand Forks City Code of 1987 relating to non-conforming uses", which had been introduced and passed on first reading on June 17, 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 deputy 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 her office.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter.
Mr. Swanson, city attorney, reported this is a draft of ordinance which had been prepared at their suggestion and after consulting with both the Army Corps of Engineers and other cities that have been involved in major acquisitions, there are certain properties where you may only acquire a portion of the property, and as a result of acquiring only a portion of the property you sometimes leave the remnant which no longer will meet your zoning code for setbacks, etc. and in order to maintain financing availability for that lot and a market for that property owner to subsequently sell, they are recommending that you adopt the ordinance as presented to you that would allow an exception for those present property owners to continue to be considered to be in compliance with the zoning codes as long as they are within 75% of the mean of the requirement; this is a benefit to the property owner, without it they do not qualify for many financing packages, either through federally funded agencies or through private funded agencies, it places that property owner in a severe predicament. He stated they have a recommendation from the Planning and Zoning Commission in which they are suggesting two changes: 1) that we record documents, to note on any property, abstract or title, clarifying property's conforming status, and that he would speak against that for several reasons - you have no control over what the abstractor does or does not put into an abstract, and you do not presently record any document saying that the lot is or is not in conformance because those zoning code's requirements can change based upon replatting of property lots, if dealing with high water lines, and with water lines there are a number of things that can change that, and seems to be inconsistent to try to peg out certain non-conforming status and record it. The second proposal from the Planning and Zoning Commission stems from an acquisition that has already been completed by the City, they are attempting to propose a restriction that would prevent the City from selling any excess property that the City might have acquired. He noted that there are some residential lots in which the City does not need the entire lot, only a portion of the rear yard, however, because the taking is so severe to the impact of the homeowner, the homeowner is asking whether the City would consider acquiring the entire parcel and the City could then construct the dike and put the remaining remnant up for sale, any potential purchaser would then be able to visualize the impact of that dike would have upon the home. If this proposal (b) were included you either would not be able to acquire the whole lot and relieve the property owner from that concern or if you did acquire it, you could not subsequently sell that lot which would be a potentially a marketable and usable lot. He stated he wasn't aware other than that particular instance he has identified and there perhaps is some excess property that might be available in the downtown area, but aware if we have any particular areas where there is a possibility of property for sale, and would suggest that even including such requirement may in fact be unconstitutional because you are treating yourself, if you were to adopt it, differently than any other similarly situated property owner. He stated he sees little logic including either amendment and the request from his office would be to amend the Code by including the ordinance as presented; and that ordinance is substantially the same ordinance that has been adopted by the City of Fargo and other cities, including Rochester, etc., essentially those communities that have had projects and found a need to adopt an ordinance and his recommendation is to approve the ordinance as originally presented.
It was moved by Council Member Kerian and seconded by Council Member Christensen that the ordinance be adopted as originally presented.
Council Member Kreun stated in part (a) of the proposed amendment to the ordinance from Planning and Zoning Commission was so that a new owner would know that this lot would be conforming and they wouldn't have to go through the process of trying to find out if that was a conforming lot or now; and how would notification be made to a potential buyer. Mr. Swanson noted that if the City were the seller, we would be providing that type of information in closing documents or in sale documents; that if the City was not the seller but sold by a private owner to a private purchaser, that information will come very clear in the course of a title search provided that there is financing involved; virtually every transaction now requires some type of plat map to be presented along with the title work and that is where it is demonstrated.
President Gershman closed the public hearing.
Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.
ADOPT ORDINANCE NO. 3932, ANNEXING ALL OF
LOT C, BLOCK 1, ADAMS-DOBMEIER 3RD RESUBDIVISION
TO THE CITY OF GRAND FORKS
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lot C, Block 1, Adams-Dobmeier 3rd Resubdivision", which had been introduced and passed on its first reading on July 1, 2002, was presented and read for consideration on second reading.
The deputy city auditor reported that the notice to the public that this petition for annexation had been filed with the city council had been published as required.
President Gershman 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 of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.
TABLE ORDINANCE TO AMEND THE STREET AND
HIGHWAY PLAN AS A PART OF THE MASTER PLAN
TO INCLUDE AND EXCLUDE RIGHT OF WAY RESERVATIONS
LYING WITHIN A PORTION OF SECTION 35, T151N, R50W
OF THE 5TH PRINCIPAL MERIDIAN
An ordinance entitled "An ordinance to amend the Street and Highway Plan as a part of the Master Plan of the city of Grand Forks, North Dakota, to include and exclude right of way reservations lying within a portion of Section 35, Township 151 North Range 50 West of the 5th Principal Meridian, more specifically described herein", which had been introduced and passed on its first reading on June 3, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading. (location of the property is south of 62nd Avenue SE and west of L & S 3rd Resubdivision, a.k.a. Burke's Addition)
The deputy 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 her office.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Mr. Potter, city planner, asked that they table this matter to their meeting on August 19, 2002. It was moved by Council Member Glassheim and seconded by Council Member Kreun to table the public hearing and second reading of the ordinance to August 19, 2002. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 3933, RELATING TO THE
PRESIDENT AND VICE PRESIDENT OF COUNCIL
An ordinance entitled "An ordinance amending Section 2-0103 of the Grand Forks City Code relating to president and vice president of council", which had been introduced and passed on its first reading on July 1, 2002, was presented and read for consideration on second reading.
It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the ordinance. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.
TABLE ORDINANCE RELATING TO OFF-STREET
PARKING AND LOADING
An ordinance entitled "An ordinance amending Section 18-0302(5) Article 7 of the Grand Forks City Code relating to off-street parking and loading", which had been introduced and passed on its first reading on May 6, 2002, and tabled pending further report from the Building Inspections Department.
The staff report from the Planning Department relating to matter of the request from the Inspections Division, city engineering department, to amend Section 18-0302(5) of the Land Development Code relating to off-street parking and loading, with recommendation to table the ordinance until the city attorney has completed his review of the ordinance.
Mr. Potter, city planner, asked the city council to table this item indefinitely until the city attorney completes his review of this ordinance and the companion ordinance that is related to the same basic subject.
Mr. Swanson stated he is looking for guidance from the Code Enforcement Office as to where they want to go with ordinance as well as the other ordinance dealing with junk, they did their legal review, made some proposals and comments and waiting for feedback.
Bev Collings, Code Enforcement Officer, stated is only to make it clear as to what is required, and hasn't redrafted the ordinance because she doesn't know what direction the council want to go on it, that there are a lot of citizens concern.
It was moved by Council Member Glassheim and seconded by Council Member Christensen to send this to the service/safety standby committee. Carried 7 votes affirmative.
INTRODUCE ORDINANCE RELATING TO MEMBERSHIP
OF GRAND FORKS GROWTH FUND COMMITTEE
Council Member Glassheim stated that this brings the Growth Fund Committee into line with the reduced size of the council, that he has an amendment to the ordinance, that the ordinance states it asks for any three members of the council to be nominated by the mayor and confirmed by the city council, that if we have standby committee of finance/urban development that those three people should automatically be on it and why divide your expertise and skill and moved an amendment after the first line of the proposed ordinance, "...three (3) members from the city council, to consist of the members of the finance/urban development committee.", with the balance to be deleted. Council Member Hamerlik seconded the motion.
Mr. Swanson stated they were eliminating the reference to the urban development committee because by Code had eliminated all formal standing committees, that they can move forward with the amendment if the council chose to do so, you have by resolution created these standby committees and even if you were to have adopted the language which you have before you on a proposed basis, you also could have adopted a simultaneous resolution directing that the mayor appoint those, and doesn't think it is out of order and leave to their discretion. He also stated that the effect of the ordinance, including the amendment from Mr. Glassheim, would be to reduce one city council member, presently 4, and reduce it to three and would also reduce members nominated by the Grand Forks Regional Economic Development Corporation, so overall membership will be reduced. It was noted there would be 5 members total on the committee.
Upon call for the question on the amendment and upon voice vote, the motion carried 7 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance amending Section 24-0108 of the Grand Forks City Code relating to members of the Growth Fund Committee", which was presented, read and passed on its first reading.
APPROVE APPOINTMENT OF ALTERNATE MUNICIPAL
JUDGE
The staff report from the Municipal Judge relating to appointment of alternate municipal judge, with recommendation to confirm appointment of John E. Widdel, Jr. as alternate municipal judge.
It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the recommendation and confirm the appointment of John E. Widdel, Jr. as alternate municipal judge. Carried 7 votes affirmative.
APPROVE AWARD OF BIDS FOR PHASE II GREENWAY
CLEANUP PROJECT NO. 5239