Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 15, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 15, 2003 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; 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 commented on events of the past week and up-coming events.
1) He thanked Judy Paukert and Dan Schenkein of Chamber of Commerce for inviting him and City staff to be part of their annual planning summit, Mayor Stauss was also there along with numerous community leaders and had constructive and positive discussion about our community and how we proceed together.
2) Special Olympics and Soccer Bocce Tournament: he thanked Council Member Hamerlik who provided a warm welcome to participants and fans.
3) Public Works open-house will be held Saturday at public works facility at 724 North 47th Street from 9:00 a.m. to 2:00 p.m. - free hot dogs
4) Fire Department open house on Saturday at Central Fire Station on DeMers from 10:00 a.m. to 3:00 p.m.
5) Trolley tours - over 100 people took part in tours over the past couple weeks and have had great feedback and will continue to schedule more events if public shows interest; and thanked engineering department, public information center and Christine Diers.
6) He stated Grand Forks will play host this weekend - Thursday through Saturday will be the Annual North Dakota League of Cities Conference, this will be time to show our gratitude and demonstrate success we have had with their support.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3995, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COLUMBIA PARK 28TH 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 Columbia Park 28th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 18, 2003 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 this evening, and further that to date he had received no written protests on this matter.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the Planning and Zoning Commission relating to the request from Steven L. Adams on behalf of Arthur Greenberg, Jr. for final approval of the plat of Columbia Park 28th Addition to the city of Grand Forks, North Dakota (located at 36th Avenue south and South 42nd Street), with recommendation for final approval of the plat, subject to the conditions shown or attached to the review copy to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. 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, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 3996, AMENDING ZONING MAP
TO INCLUDE WITHIN COLUMBIA PARK WEST PUD
(PLANNED UNIT DEVELOPMENT), (FORMERLY
COLUMBIA PARK 4TH PUD AND COLUMBIA PARK 5TH
PUD), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1,
ALL OF COLUMBIA PARK 28TH 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-2 (Agricultural Reserve) and to include within the Columbia Park West PUD (Planned Unit Development), (formerly Columbia Park 4th PUD and Columbia Park 5th PUD), Concept Development Plan, Amendment No. 1, all of Columbia Park 28th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 18, 2003 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 this evening, and further that to date he had received no written protests on this matter.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Steve Adams for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within the Columbia Park West (formerly Columbia Park 4th PUD and Columbia Park 5th PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Columbia park 28th Addition to the city of Grand Forks, North Dakota (located at 36th Avenue South and South 42nd Street), with recommendation for final approval of the request, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Christensen stated that this property consists of approx. 27 acres and is for commercial (B-3 type uses) and industrial (I-2 type uses) zoning, and asked what property is adjacent to this area. Dennis Potter, city planner, stated the location is intersection of I-29 and 32nd Avenue South, that the area to the north which is part of the existing Columbia Park PUD has the exact same zoning as what is being proposed for the area that is the subject of this public hearing, and imaging what is to the north of us at the request of the developer, that the Big Sioux Truck Stop is not part of this zoning. He stated that the proposed RV dealership is on Lot 4 and is a B-3 type use. He also stated that Detroit Diesel is part of the I-2 use, could include light manufacturing, I-1 if it is in an I-1 zone. Council Member Christensen asked if notice of the proposed industrial change given to the land owners north of this property, including the land owners (offices) that are adjacent to the Big Sioux; Mr. Potter stated not unless within 200 feet. Council Member Christensen stated they wouldn't be entitled to notice but there are people who have constructed some office buildings there, and would be prudent to defer this for one week or two to give them notice so that there is a proposed zoning change. Council Member Brooks asked if there was any urgency that two weeks would cause any problems: Mr. Potter stated that developers of Lot 4 are anxious to get started, two weeks not make or break it but pushing construction season.
It was moved by Council Member Christensen to table for one week and bring back at special meeting at the next meeting; the motion was seconded by Council Member Brooks. Upon roll call vote the following voted "aye": Council Members Hamerlik, Christensen, Brooks - 3; voting "nay": Council Members Glassheim, Gershman, Kerian, Kreun - 4. Mayor Brown declared the motion failed.
Council Member Gershman stated this is second reading and was before Planning and Zoning and two readings before city council, and if we start to change the policy of the 200 ft., can see every project coming forward, that we have a process that is in place that seems to have worked and uncomfortable with changing that, especially this late in the game.
Council Member Kerian reported that when this came up at Planning and Zoning had some of the conversations about industrial in this area and what is happening with the city as it moves in that direction, residential is expected to be farther south of this, and description of the property where the offices are would border 32nd and are already backed by this comparable zone, this is not controversial issue and that it would have any impact, would like to keep it moving.
Council Member Kreun stated addressing the construction time frame, and if back this two weeks it potentially will stop this project until next spring, and this individual has followed all the proper procedures and meets all the requirements and not fair to stop at this particular time of their process, and moved that we approve the recommendation; Council Member Kerian seconded the motion.
Council Member Brooks stated that by postponing this for one week doesn't change any rules, and asked when the first reading of the ordinance was. The city auditor reported this item came before council on August 11 at the committee of the whole meeting, first reading of the ordinance was August 18, and there was notice to the public published on August 23 and 30 for the hearing this evening.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 3997, RELATING TO SANITATION.
WATER AND WASTEWATER USER CHARGES, RATES
AND FEES
An ordinance entitled "An ordinance amending Sections of the Grand Forks City Code relating to sanitation, water, and wastewater user charges, rates and fees", which had been introduced and passed on its first reading on September 2, 2003, was presented and read for consideration on second reading and final passage.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none
There was considerable discussion relating to garbage container rate increases on a monthly basis.
Todd Feland, director of public works, stated that the attachments were included with other materials and showed breakdown for the roll-off service and for the commercial containers and for individual, as well as landfill (both solid waste and inert landfill). Council Member Christensen stated he didn't know what type of notice the citizens would have been given about the proposed rate increase for their big garbage containers Mr. Feland reported he talked about the cost of service at committee of the whole in August about the residential 7% and commercial 17% and about the cost of service aspect and it showed that commercial were not quite paying their proportional cost. He noted that the rates don't go into effect until February billing cycle for January usage.
Council Member Christensen stated he had what was handed out, City of Grand Forks Proposed 2004 Solid Waste Utility Rates, updated July 11, 2003, sees residential service single-family pickup per week unit monthly, fiscal year 2003, $10, proposed 2004 $10.70, and sees where they have rental charges for mobile containers and collection rates and following rate schedule, pickups per week, mobile container (size by sq. yds.) and for 1 sq. yd. 90 gal. and this year paying $14.24 and show increase of $16.80, and if that is what they have in their houses. Mr. Feland stated for residential homes, you have the $10.70,single family black container. It was noted that residential and multi-family are billed per unit and that is in the City Code, that the Code treats multi-family units as residential units.
Mr. Feland reported he had talked with Mr. Swanson and will come back in next month to change ordinance to resolution.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
DETERMINE INSUFFICIENCY OF PROTEST ON
FLOOD PROTECTION DISTRICT NO. 14.2, PROJECT
NO. 4704.2
The city auditor reported that the period for filing protests on the resolution of necessity for the improvement in and for Flood Protection District No. 14.2, Project No. 4704.2, permanent flood protection and associated city-funded improvements city-wide with future assessment areas, had expired September 13, 2003 (Saturday, and protest expiration extended to September 15, 2003), and that he had received no written protests.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Kreun asked if the district takes in some of the areas that are outside the flood protection area. The city auditor stated it may take in some that are outside the flood protection area but the Special Assessment Commission has already made the determination that if you are outside the dike you will receive no benefit so there would be no special assessments, that the overall district may include those but not going to get a benefit. He also noted that this is a 20-year assessment; and that the Special Assessment Commission will have a hearing on this project that is scheduled for September 30, 2003 and they will hear individual concerns from property owners, that if people protest at that time but the Commission still finds that they are going to assess the way they are, there will then be a hearing before council on October 20, 2003.
Council Member Glassheim stated he wished there was a way to tell people directly what the annual is or explain procedure because people fear that this could be an annual amount. The city auditor stated they could review the letter that was sent out to each property owner but believes it gives the dollar amount that can be paid in full or is assessable over 20 years, and if paid over 20 years there is interest.
Council Member Gershman stated he had listened to a talk show this afternoon and that there was some mis-information re. assessment formula and asked the city auditor for explanation. The city auditor stated the first step in establishing the formula is to take the total square footage of the district, then determine the residential square footage and determine the non-residential square footage, the Assessment Commission takes those properties in residential area and determined to spread their benefit based on an effective front footage basis, the commercial property is spread on a square footage basis, and then try to use a number that indicates an average amount to give people an indicator of where it would go.
Council Member Brooks stated in the first round of assessments they ended up with a group from a trailer court before us and that the people saw their rent go up considerably and was being blamed on the special assessments, and when calculated that was wrong because the amount per lot was considerably less, and notice or word to those in apartments with rent, trailer parks or renting a house, should you have an increase in your rent, those things will happen and should it be blamed on the special assessment and seems excessive, contact Public Information that can at least tell you what the actual special assessment per year is for that property.
Council Member Hamerlik asked for review of the Special Assessment Commission and the role they play and the role we play. Mr. Swanson, city attorney, stated there are two distinct roles between the city council and the Special Assessment Commission in the determination of special assessments; the role of the city council is to establish a district and the adoption of a resolution of necessity for this type of project; the Special Assessment Commission has the sole authority of determining what benefit a particular piece of property receives from the project, they hold their hearings and make their decisions and then provide this body with a report and this body does not have the ability to alter any individual assessment; however, you do have the authority to make corrections but your total amount to be assessed cannot be changed, that if you decrease one assessment, you have to increase another in a like amount; the council has the overall final authority to approve the assessments as proposed by the Commission and that will occur later in October.
Council Member Kerian stated the amount of this bond is less than had anticipated and asked for review of that again. The city auditor stated it is slightly less than what originally anticipated but part of that is due to levying what construction has been done to date; the first phase or assessment was $20 million bond issue, this one is about $16 million bond issue, and if everything holds true to form according to schedule they went with back in 1999 and hopefully come close to what that total cost or project is and hold our assessments at the $52 million, the final phase assessment should be on line with this one; construction probably done in 2005 or 2006. He stated that the final deadline for paying in lump sum without interest is October 30, 2003, and his office will take checks at this time but have to hold them until we go through final certification by council in case there are some changes. He stated there will be interest calculated on that issue at rate of 6%, estimating the bonds may sell at 4.5%, and that we add 1.5% interest according to State Statutes and part of that is to help defray payments that don't come in on time, there is a timeline under State Statutes people don't have to pay these for a number of years and that is a protection to the bond holder.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8288 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Flood Protection District No. 14.2, Project No. 4704.2, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION RELATING TO $11,590,000 RE-
FUNDING IMPROVEMENT BONDS, SERIES 2003A (DIKE
IMPROVEMENTS); CALLING FOR PUBLIC SALE THEREOF
The staff report from the finance department relating to resolutions authorizing the bond sales: A. Refunding Improvement bonds, Series 2003A (Dike Improvements), with recommendation to adopt resolution relating to $11,590,000 Refunding Improvement Bonds, Series 2003A (Dike Improvement Bonds), calling for the public sale thereof.
Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8289 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
ADOPT RESOLUTION RELATING TO $4,510,000 RE-
FUNDING IMPROVEMENT BONDS, SERIES 2003B;
CALLING FOR THE PUBLIC SALE THEREOF
The staff report from the finance department relating to resolutions authorizing the bond sales: B. Refunding Improvement Bonds, Series 2003B, with recommendation to adopt resolutions relating to $4,510,000 Refunding Improvement Bonds, Series 2003B, calling for the public sale thereof.
Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8290 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5547
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with CPS, Ltd. for Project No. 5547, paving additional parking lot at Alerus Center, with recommendation to approve Amendment No. 1 with CPS, Ltd for construction administration services in the amount of $45,500.00.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 5287, JOHNSON'S LINEAR PARK BIKEPATH
The staff report from the engineering department relating to Project Concept Report for Project No. 5287, Johnson' Linear Park Bikepath, with recommendation to approve Project Concept Report for Project No. 5287, Johnson's Linear Park Bikepath.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PRICE QUOTES FOR FIRE DEPARTMENT
PHYSICALS
The staff report from the fire department relating to price quotes for fire department physicals, with recommendation to award contract to Merit Care for fire department physicals ($39,738.32).
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BIOTERRORISM GRANT AND BUDGET
AMENDMENT, HEALTH DEPARTMENT
The staff report from the health department relating to Bioterrorism Grant ($46,177) and 2003 budget amendment ($36,177), new revenue, with recommendation to approve new Bioterrorism Planning and Response Grant and the associated 2003 budget amendment.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE GRAND FORKS RENAISSANCE ZONE
PROJECT GF-9
The staff report from the Planning Department relating to Grand Forks Renaissance Zone Project GF-9, with recommendation to grant approval to Grand forks Renaissance Zone Project GF-9 and direct staff to submit the project application to the Division of Community services for its action.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
DENY PROPOSALS FOR SALE/RELOCATION OF
1508 LEWIS BLVD.
The staff report from the director of urban development relating to request for proposals for sale/relocation of 1508 Lewis Blvd., with recommendation to reject proposals.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF PERKINS 9TH RESUB-
DIVISION
The staff report from the Planning and Zoning Commission relating to the request from David J. Parker for final approval (fast track) of the plat of Perkins 9th Resubdivision, being a Replat of Lot GG of the Replat of Lot 1, Block 1, Perkins Fifth Addition and Lots H and L, Block 1 of a Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand forks, North Dakota (located at 36th Avenue South and South Columbia Road), 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 Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE REQUEST FROM WWC HOLDING CO., INC. FOR
CONDITIONAL USE PERMIT AT 3100 DEMERS AVENUE
The staff report from the Planning and Zoning Commission relating to request from WWC Holding Co., Inc. dba Western Wireless for approval of a conditional use permit for Lot 2, Block 2, English Coulee 2nd Addition to the city of Grand Forks (located at 3100 DeMers Avenue) for the purpose of constructing a wireless communication tower, with recommendation to give final approval of the conditional use permit, subject to approval of a site plan.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE REQUEST FROM BILL KVASAGER AND
JILL STEIN FOR CONDITIONAL USE PERMIT AT
7026 17TH AVENUE SOUTH
The staff report from the Planning and Zoning Commission relating to request from Bill Kvasager and Jill Stein for approval of a conditional use permit for a private riding stable in the A-2 (Agricultural Reserve) District as required by Section 18-0207(3)(B) commercial or private riding academies and stables on Lot 1, Block 3, Lunski Subdivision (located at 7026 17th Avenue South), with recommendation to give final approval to the request.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT PETITION BY MENARD, INC. FOR VACATION
OF UTILITY EASEMENT LYING WITHIN LOT C AND LOT
D, REPLAT OF LOT A, BLOCK 1, COLUMBIA PARK 14TH
ADDITION
The staff report from the Planning and Zoning Commission relating to petition from Menard, Inc. for approval to vacate a utility easement lying within Lot C and Lot D of a Replat of Lot A, Block 1 of Columbia Park 14th Addition to the city of Grand Forks (located in the 3700 block of 32nd Avenue South), with recommendation for final approval of the request and to set a public hearing date as required by law .
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required (November 3, 2003). Carried 7 votes affirmative.
INTRODUCE ORDINANCE RELATING TO LAND DEVELOP-
MENT CODE, TO ALLOW EXISTING NEIGHBORHOOD
CONVENIENCE GROCERY AND AUTOMOBILE SERVICE
BUSINESSES BY CONDITIONAL USE PERMIT
The staff report from the Planning and Zoning Commission relating to request from the Grand Forks Planning Department for preliminary approval of an ordinance amending the Grand Forks City Code of 1987, as amended, Chapter XVIII, Land Development Code, Article 22, zoning, Section 18-0211 R-4 Multiple-Family Residence, High Density District, Subdivision 3, Conditional Uses (allowing existing neighborhood convenience grocery and automobile service businesses), with recommendation to give preliminary approval to the ordinance and set a public hearing for October 20, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance amending the Grand Forks City Code of 1987, as amended; Chapter XVIII, Land Development Code, Article 2, Zoning, Section 18-0211 R-4 Multiple-Family Residence High Density District, Subsection 3 Conditional Uses to allow existing neighborhood convenience grocery and automobile service businesses by conditional use permit", which was presented, read and passed on its first reading.
APPROVE PRELIMINARY PLAT; INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF
BIRKHOLZ HOMESTEAD ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, LTD. on behalf of Marvin and Violet Birkholz for preliminary approval of the plat of Birkholz Homestead Addition to the city of Grand Forks, ND (located in the 3600 block of 18th Avenue South), with recommendation to give preliminary approval to the plat, to include an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy, and set a public hearing date for October 20, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks 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 Birkholz Homestead Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN SOUTHERN ESTATES PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, LOTS 1-21,
BLOCK 6, ALL OF COLUMBIA PARK 29TH ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, LTD. on behalf of Steven Adams for preliminary approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan Amendment No. 2 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan Amendment No. 3, Lots 1-21, Block 6, Columbia Park 29th Addition to the city of Grand Forks, North Dakota (located east of Pembrooke Drive and Haleigh Drive), with recommendation to give preliminary approval, subject to the conditions shown or attached to the review copy and set a public hearing for October 20, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks 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, Amendment No. 2 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Lots 1-21, Block 6, all of Columbia Park 29th 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 R-2 (ONE AND TWO FAMILY
RESIDENCE DISTRICT LOTS 1 THROUGH 24, BLOCK
18, LINDSAY'S ADDITION
The staff report from the Planning and Zoning Commission relating to the request from the Planning Department on behalf of the City of Grand Forks for preliminary approval of an ordinance to amend the zoning map to exclude from the R-4 (Multiple-Family Residence, High Density) District and to include within the R-2 (One and Two Family Residence) District, Lots 1 through 24, Block 18, Lindsay's Addition to the city of Grand Forks, North Dakota (located at 1023 Almonte Avenue), with recommendation to give preliminary approval to the ordinance and set a public hearing for October 20, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks 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 R-4 (Multiple Family Residence, High Density) District and to include within the R-2 (One and Two Family Residence) District, Lots 1 through 24, Block 18, Lindsay's Addition, city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE PRELIMINARY PLAT OF COLUMBIA PARK
30TH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Menard, Inc. for preliminary approval of the plat of Columbia Park 30th Resubdivision (being a replat of Lot 1, Block 1 and Lots C and D of the Replat of Lot A of the Replat of Lot 2, Block 1, Columbia Park 14th Addition) to the city of Grand Forks, ND (located in the 3700 block of 32nd Avenue South), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3, LOTS G, 4 THROUGH 11, 15 AND 16,
BLOCK B, VILLAGE RESUBDIVISION NO. 2 ADDITION
The staff report from the Planning and Zoning Commission relating to the request from ICON Architectural Group on behalf of Mikkelson Consolidated for preliminary approval of an ordinance to amend the zoning map to exclude from the Village PUD (Planned Unit Development), Concept Development Plan Amendment Number 2 and to include within the Village PUD (Planned Unit Development), Concept Development Plan Amendment Number 3, Lots G., 4-11, 15 and 16, Block B, Village Resubdivision Addition No. 2 to the city of Grand Forks, North Dakota (located between University Avenue and 5th Avenue North west of North 42nd Street), with recommendation to give preliminary approval, and to set a public hearing for October 20, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks 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 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, Lots G, 4 through 11, 15 and 16, Block B, Village Resubdivision No. 2 Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE APPOINTMENT TO PLANNING AND ZONING
COMMISSION
The staff report from Mayor Brown relating to appointment to Grand Forks City Planning and Zoning Commission, with recommendation to confirm reappointment of Dr. Lyle Hall as the Grand Forks School Board representative to the Planning and Zoning Commission.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF AUDITOR'S SUBDIVISION
NUMBER 35 ADDITION
The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering and environmental Services, Inc. on behalf of the city of Grand Forks, North Dakota, for final approval of the plat of Auditor's Subdivision Number 35 Addition to the city of Grand Forks, North Dakota (located in the 500 through 700 blocks of Reeves Drive from Reeves Drive to the Red River), with recommendation to give final approval to the plat.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
STATEMENT OF CHANGES IN CASH BALANCE FOR
AUGUST, 2003
The city auditor's statement of changes in cash balances for August, 2003 was presented and read. - informational item
RECEIVE PORTFOLIO MANGEMENT SUMMARY FOR
AUGUST, 2003
The city auditor's statement of portfolio management summary for August, 2003, was presented and read - informational item.
APPROVE BILL LISTING
Vendor Payment No. 03-18, dated September 12, 2003, totaling $508,270.08, was presented and read.
It was moved by Council Member Kerian and seconded by Council Member Christensen 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES OF SEPTEMBER 2, 2003
Typewritten copies of the minutes of the city council meeting held on Tuesday, September 2, 2003, were presented and read.
It was moved by Council Member Christensen and seconded by Council Member Kreun that these minutes be approved. Carried 7 votes affirmative.
MAYOR AND COUNCIL MEMBER COMMENTS
1) Council Member Brooks commented on the on-going problem on North 3rd Street, that Mark Ziegelman has talked with engineering and with the Corps of Engineers when project is going to be done, that the Corps has regular construction meetings and would like to attend those meetings. Mr. Grasser stated he would get the information for him.
2) Council Member Hamerlik stated he hoped they would have good attendance at the ND League of Cities and at activities; that Mr. Haga handed out schedule but didn't include the event at 6:00 p.m. on Saturday evening, major dinner and is after the football game.
Council Member Hamerlik asked if there is any reason why the council couldn't meet a little earlier on Monday, October 13, because of event at the Alerus (Blue Man Group) at 7:30 p.m. Mr., Swanson stated the council has the ability by motion to determine time and place of meeting.
It was moved by Council Member Hamerlik that we schedule the October 13 meeting for 4:00 p.m. and delayed t.v. would be at 7:00 p.m., if possible. Council Member Kreun seconded the motion.
Council Member Kerian stated she fully supports all the events at the Alerus but little concerned about why we would need to do this, people coming to meetings and it isn't just people watching t.v., doesn't see problem with existing schedule, and not understand why we would want to move it.
Council Member Gershman suggested changing the time to 5:00 p.m. for this event. Council Members Hamerlik and Kreun agreed to the change in time.
Kevin Dean, Public Information Center, stated they can make that accommodation as far as televising is concerned, but that the turn around time would be very short, they normally get that tape to them several days in advance, they program it into their system and cannot guarantee that they would be able to turn around and put that on a 7:00 o'clock rebroadcast but can try.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
3) Council Member Glassheim stated several weeks ago he had asked for report on an 8-plex moved from the near southend into the Riverside area, and some caveats about what they were going to do on it and asked if that has moved forward (grass and trees). Bev Collings, Inspections, stated that has been addressed and they are working on it.