Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 17, 2004
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 17, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik (teleconference), Glassheim, Christensen, Kerian, Kreun, Gershman - 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 various events during the past week and upcoming events:
He extended sympathies to the family of Erika Dahlquist in this bittersweet time, that our community is aware of the effects of such a tragedy and loss.
In honor of our local Norwegians and our growing relationship with Sarpsborg, Norway, wished everyone a happy Syttende Mai which is equivalent of our July 4, and that he had lunch with the Sons of Norway today to celebrate and served 550 people this afternoon and the food was fantastic.
He stated it was important to recognize and support the individual businesses in our community and on Saturday attended the Sears grand re-opening and thanked company and the local administrators for inviting him; that Sears employs 111 people and also had the opportunity to attend the ND Entrepreneurs Hall of Fame last week, and our University gives people confidence and ability to achieve great things. He stated he also recognized and congratulated Randy Brown for being recognized as Entrepreneur of the Year. He stated there is one more chance to recognize small business this week, at the Small Business Awards presentation on Wednesday.
He thanked service providers for Seniors for inviting him to be part of their annual Favorite Person essay presentation this week, and that he and Mayor Stauss had wonderful time listening to the stories and invited the essay winners to come forward and share their works: Jane, Lewis and Clark School. and Lacy, West School.
PRESENTATION RELATING TO PROFESSIONAL
ASTRONOMICAL OBSERVATORY
Paul Hardersen, Department of Space Studies, University of North Dakota, made a brief presentation on the professional astronomical observatory which when it is built will be a positive impact to Grand Forks and the vision they have is to make this a community project, ultimately a state-wide and regional project because their goal is to build the largest observatory in the upper Midwest. The main reason is for research and technology development, for teaching and public outreach, and research enhanced because no similar facility in the entire state. He stated his goal was to get the community completely involved behind this; and building will be community meeting place where everybody can go to and utilize; and will bring UND into the astronomy world. He noted that their site is reasonably dark but have a little bit of sky-glow from Grand Forks and some from the Base, and don't want sky-glow to get any worse. He stated the cost of the project is $1.86 million with couple hundred thousand for instrumentation and will take 3 years to build); and will operate throughout the year; and internet access will make it state-wide resource. He stated educationally they have a lot of support, have colleges, universities and public school systems from western MN and throughout the entire state of ND behind this project. He stated they are working to raise money and that he is approaching a lot of private foundations and going to submit a National Science Foundation proposal next month and also a private donation program in an effort to get the community involved and small contributions and state and federal participation. He stated the Mayor has already signed a letter of support that will help with the NSF funding they are going to try to get and whether there is any funding the City can try to contribution is promoting the project generally and try to do some work with the Convention & Visitors Bureau to work with them so that they will know about it. He also had mentioned the light issue and asked to get a study group developed to look at the issue of lighting in the city because he doesn't want the lighting to get any worse than it is now and there are a lot of examples around the country where lighting has been adapted and lighting shielding to make lighting more efficient and cost effective and would be very willing to work with the City on the issue of a study group to look into this issue. He stated he hopes to have the funding by next year and get the contracts out and the building started in 2007 and be operational by the beginning of 2009 and is working to provide the money and that any help that the City is willing to provide orally or otherwise would be appreciated. He stated this is an effort to make the city "grander" and make our community more attractive and another way to bring people to our area.
Council Member Gershman questioned why they chose that particular piece of land near the Base for the observatory because the Base throws off a tremendous amount of light. Mr. Hardersen stated that lighting in Grand Forks is worse than the Base lighting; and that the land was owned by the University, that they did look at land in the western part of the state but that a large part of this is going to be training and education and if locate in the western part of the state, they would have had to buy that land, and overhead and extra costs of construction as well as annual operations and personnel much higher.
PRESENTATION RE. WAFFLE PLAN
Bethany Bolles, EERC, Project Manager for the Waffle Plan, reported that after the 1997 flood the EERC began campaigning to get funding to look at an innovative approach to help mitigate large scale springtime flood events, that they received funding from the USDA Natural Resources Conservation Service in 2002 to look at technical and economic feasibility as storing water temporarily on ag land in various areas for short periods of time during the spring to help prevent large events like 1997. She stated they have several major components to this study and probably key thing is developing computer/ hydrologic models that will allow them to look at storing water on ag land that is bounded by raised roads and what the effects of that water would be on reducing floods and to determine if there is enough land or storage areas available to have an effect; that there are 28 watersheds available in the Red River Basin and the U.S. portion of the Red River Basis is 40,000 sq. miles and extends on the east to Red Lakes and west side to Devils Lake and of the 28 water sheds they are developing models for 27 of those, not developing a model for the Devils Lake Basin because it is not contributing but may in the future. She stated they will be done building the existing condition models by the end of this year and build in different waffle storage scenarios into those and see what the effects are. She stated it would provide an augment to the protection that already exists.
She stated in addition to looking at water storage in reducing flooding, they can also be used to look at water quality, alternative farm management practices and effects on water quantity and quality, also riparian restoration. She noted they have met with a variety of agencies and groups water boards and watershed agencies and farm service agency offices, NRCS offices, water conservation districts and met with township officer association, county commissioners and city councils and to get input. They have two advisory boards and citizens advisory board.
Council Member Gershman stated this has world-wide implications because California needs something like this if it works, China and all over the world so the work that is being done here is extremely significant; and important thing to remember is that this is a study, trying to see if it works. Ms. Bolles stated this could potentially have great benefits during drought, and droughts have been more costly in terms of damages than floods and this could be a means for storing that water during the spring to increase soil moisture and multiple benefits to water quality and other areas
APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO. 4013,
AMENDING THE STREET AND HIGHWAY PLAN TO INCLUDE
THE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
FAIRGROUNDS THIRD RESUBDIVSIION
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 Replat of Fairgrounds Third Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 19, 2004, and upon which public hearing was 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 and the public hearing was closed.
The staff report from the Planning Commission relating to the request from Jerry Pribula on behalf of Grand Forks County for final approval of Fairgrounds Third Resubdivision, being a replat of Lot 1, Block 4 of a Replat of Block 4 of Fairgrounds Subdivision to the city of Grand Forks, North Dakota (located at U.S. Highway 81, North Columbia Road and Gateway Drive), with recommendation for final approval to the resubdivision, subject to conditions shown on or attached to the review copy.
It was moved by Council Member Christensen and seconded by Council Member Kerian that the 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 4014, AMENDING ZONING MAP
TO INCLUDE WITHIN SHADY RIDGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
SHADY RIDGE ESTATES FIRST ADDITION, SHADY RIDGE
ESTATES SECOND ADDITION, SHADY RIDGE THIRD ADDNITION,
SHADY RIDGE ESTATES FOURTH RESUBDIVISION, SHADY
RIDGE FIFTH RESUBDIVISION, SHADY RIDGE ESTATES SIXTH
ADDITION, GREENWOOD SUBDIVISION, AND TO INCLUDE
PORTIONS OF SECTION 26, T151N, R50W OF PRINCIPAL MERIDIAN
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Shady Ridge PUD (Planned Unit Development), Concept Development Plan and to include within the Shady Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Shady Ridge Fifth Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 19, 2004, and upon which public hearing was 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, and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Jon Ramsey on behalf of Lavonne K. Adams for final approval of an ordinance to amend the zoning map to exclude from the Shady Ridge PUD (Planned Unit Development), Concept Development Plan and to include within the Shady Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No 1, all of Shady Ridge Estates First Addition, Shady Ride Estates Second Addition, Shady Ridge Third Addition, Shady Ridge Estates Fourth Resubdivision, Shady Ridge Estates Fifth Resubdivision, Shady Ridge Estates Sixth Addition, Greenwood Subdivision, Grand Forks, North Dakota, and also to include unplatted portions of Section 26, Township 151 North, Range 50 West of the 5th Principal Meridian, with recommendation to amend the zoning map to give final approval to the ordinance attached to the staff report (which includes the above Shady Ridge additions and resubdivisions, etc.) and subject to the technical changes shown on or attached to the review copy.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation and the amendments to the ordinance be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance, as amended, 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.
APPROVE JOINT POWERS AGREEMENT FOR COMBINING
CITY ELECTION WITH PRIMARY ELECTION
The staff report from the finance department relating to the joint powers agreement for combining city election with primary election, with recommendation to authorize proper city officials to execute the document.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF REMODELING
IMPROVEMENTS TO RESIDENTIAL BUILDINGS
The staff report from the assessor's office relating to applications for exemption of remodeling improvements to residential buildings at 1) 2215 Fallcreek Court, and 2) 519 North 7th Street; with recommendation to grant exemptions of increased value for 3 years.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION WAIVING REQUIREMENTS
FOR ADVERTISING AND PUBLIC SALE AND TRANSFER
OF PROPERTY
The staff report from the assistant city attorney relating to the Grand Forks Flood Protection Project, transfer of remainder of Lot 13, Block 3, Rivers Edge Resubdivision to Leslie Sullivan and Richard Hayes, with recommendation as follows: 1) adoption of a declaration of the remainder of Lot 13, Block 3, Rivers Edge Resubdivision, Grand Forks, North Dakota, as surplus property; and 2) adoption of resolution waiving the requirements for advertising and public sale pursuant to Grand Forks City Code 2-0402(5)(D) and authorizing the transfer of the remainder of Lot 13, Block 3, Rivers Edge Subdivision to Leslie Sullivan and Richard A. Hayes.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian introduced the resolution waiving the requirements for advertising and public sale of real property and authorizing the sale of real property: Document No. 8526 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT, INSPECTIONS
The staff report from the building and zoning administrator relating to the budget amendment request, with recommendation to approve Inspection budget Amendment No. 1 (in the amount of $15,989 from cash carryover to cars and light -duty trucks.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5603, DISTRICT NO. 602
The city engineer's estimate of total cost of the construction of paving in Birkholz Homestead Addition, on Lydia Circle, in the amount of $105,507.15, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5603, District No. 602, Birkholz Homestead Addition paving (Lydia Circle), with recommendation to approve plans and specifications for construction of Project No. 5603, District No. 602, and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8527 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5653, DISTRICT NO. 598
The city engineer's estimate of total cost of the construction of paving in Columbia Park 29th Addn., on Pembrooke Drive, Brookshire Drive and Pendleton Drive, in the amount of $241,210.99, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5653, District No. 598, Columbia Park 29th paving, Pembrooke Drive, Brookshire Drive and Pendleton Drive, with recommendation to approve plans and specifications for construction of Project No. 5653, District No. 598, and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8528 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5669, DISTRICT NO. 601
The city engineer's estimate of total cost of the construction of paving in Southbrook Addition, Phase II, on Curran Court, in the amount of $120,947.40, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5601, District No. 601, Southbrook Addition paving Phase II (Curran Court), with recommendation to approve plans and specifications for construction of Project No. 5669, District No. 601, and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8529 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT
NO. 5604, DISTRICT NO. 281
The city auditor presented and read tabulation of bids which had been received and opened on May 3, 2004, for Watermain Project No. 5604, District No. 281, watermain on South 42nd Street and 36th Avenue South, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amount of $95,485.00: Document No. 8530 - Tabulation of bids.
The city engineer's estimate of total cost on Watermain Project No. 5604, District No. 281, in the amount of $78,340.00 ($95,485.00 less City share of $33,800.00), was presented and read.
The staff report from the engineering department relating to consideration of bids for Project No. 5604, District No. 281, watermain on South 42nd Street and 36th Avenue South, with recommendation to award contract to low bidder, Soberaski, Inc., in the amount of $95,485.00.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian introduced the following resolution which was presented and read: Document No. 8531 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution awarding the contract for Watermain Project No. 5604, District No. 281, to Soberaski, Inc. be adopted. Upon roll call the following voted aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and
the contract awarded
APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5555, TCSP
GREENWAY/BIKEWAY ENHANCEMENTS, PHASE 2
The staff report from the engineering department relating to the three-way construction engineering services agreement for Project No. 5555, TCSP Greenway/Bikeway Enhancements, Phase 2, with recommendation to approve the agreement with the ND Department of Transportation and Webster, Foster & Weston for construction engineering services in the amount of $37,989.25, contingent on concurrence by the NDDoT.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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 and the agreement approved.
APPROVE AMENDMENT NO. 1, FLOOD DAMAGE
REDUCTION AND RECREATION PROJECT FOR ALLOWING
ADVANCE FUNDING, PROJECT NO. 4704
The staff report from the engineering department relating to Amendment No. 1 to Project Cooperation Agreement (PCA) between the Department of the Army and the City of Grand Forks and the City of East Grand Forks for the Flood Damage Reduction and Recreation Project for purposes of allowing advance funding, Project no. 4704, with recommendation to approve Amendment No. 1 to the PCA contingent upon review by the city attorney.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE AGREEMENT WITH NODAK ELECTRIC
COOPERATIVE FOR PROJECT NO. 5635, FLOOD
PROTECTION PROJECT, PHASE 4, UTILITY RELOCATES
The staff report from the engineering department relating to Utility Relocation Agreement with Nodak Electric Cooperative for Project No. 5635, Grand Forks Flood Protection Project, Phase 4, Utility Relocates, with recommendation to approve agreement with Nodak Electric Cooperative, to relocate their facilities as needed for Phase 4 of the Flood Protection Project, contingent upon review of city attorney.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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 AGREEMENT WITH GRAND FORKS TRAILL WATER
DISTRICT, PROJECT NO. 5635, GRAND FORKS FLOOD
PROTECTION PROJECT, PHASE 4, UTILITY RELOCATES
The staff report from the engineering department relating to utility relocation agreement with Grand Forks-Traill Water District for Project No. 5635, Grand Forks Flood Protection Project, Phase 4, Utility Relocates, with recommendation to approve agreement with Grand Forks-Traill Water District to relocate their facilities as needed for Phase 4 of the Flood Protection Project contingent upon review of city attorney.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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 AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5456, DISTRICT
NO. 416, LIFT STATION 89 REHABILITATION
The staff report from the engineering department relating to Amendment No. 2 to engineering services agreement for Project No. 5456, District No. 416, Lift Station 89 Rehabilitation, with recommendation to approve Amendment No. 2 with Webster, Foster & Weston for additional construction administration services in the amount of $24,306.30.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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 2004 SIDEWALK REPAIRS, PROJECT NO. 5572
The staff report from the engineering department relating to location list for Project No. 5572, 2004 Sidewalk Repairs, with recommendation to approve the 2004 Sidewalk Repair list.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT REQUEST,
ENGINEERING
The staff report from the engineering department relating to budget amendment request in the amount of $51,873.00 from budget carryover to capital cars and light duty trucks and capital general equipment, with recommendation to approve engineering budget amendment No. 2.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
2004 AFFORDABLE IN-FILL HOUSING PROGRAM
The staff report from the urban development director relating to 2004 affordable in-fill housing program, with recommendation to approve proposals and convey the surplus lots to developers per the review committee's recommendation (must be approved by vote of a five-member minimum).
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 22-27,
BLOCK 2, PROMENADE FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to request from Bobbi Hepper-Olson on behalf of the Grand Forks Housing Authority for final approval (fast track) of the Replat of Lots 22 through 27, Block 2, Promenade First Addition to the city of Grand Forks, North Dakota (located in the 5300-5400 blocks of 6th Avenue North. The request includes a variance from the Land Development Code, Article 2, Zoning, Section 18-0204(2) definition of a minor subdivision - limiting the number of lots to five, with recommendation for final approval of the plat, 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.
APPROVE FINAL PLAT OF REPLAT OF BLOCK 3,
DEACON'S GARDEN ADDITION
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Deacon's Development for final approval (fast track) of a replat of Block 3, Deacon's Garden Addition to Grand Forks, North Dakota (located at South Columbia Road and 62nd Avenue South), with recommendation to give final approval to the replat, 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.
ACCEPT PETITION FOR VACATION OF EASEMENT
BETWEEN LOTS 2 AND 3, BLOCK 1 AND LOTS 5 AND
6, BLOCK 1, SHADY RIDGE ESTATES FIFTH RESUB-
DIVISION
The staff report from the Planning and Zoning Commission relating to petition from Pribula Engineering and Surveying on behalf of Lavonne Adams for approval to vacate the 25-foot storm sewer easement 12.5 feet on either side of the line between Lots 2 and 3, Block 1, and Lots 5 and 6, Block 1, Shady Ridge Estates Fifth Resubdivision, Grand Forks, North Dakota (located in the 5000 to 6000 blocks of Adams Drive), with recommendation to give preliminary approval to the petition to vacate and set a public hearing date as prescribed by law.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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, that a notice of public hearing be published as required and the public hearing be set for Monday, June 21, 2004. Carried 7 votes affirmative.
APPROVE PRELIMINARY PLAT OF REPLAT OF ALL OF
SHADY RIDGE FIFTH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Lavonne K. Adams for preliminary approval of the replat of all of Shady Ridge Fifth Resubdivision to the city of Grand Forks, North Dakota (located at the intersection of Adams Drive and Shady Ridge Court, 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 Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE ORDINANCE TO AMEND THE STREET AND
HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF PROMENADE SECOND
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Bobbi Hepper-Olson on behalf of the Grand Forks Housing Authority for preliminary approval of the plat of Promenade Second Resubdivision to the city of Grand Forks, North Dakota (located between 6th Avenue North and 8th Avenue North and between North 53rd Street and North 55th Street, with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including preliminary approval of an ordinance amending the Street and Highway Plan and set a public hearing for June 21, 2004.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman 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 Replat of Promenade Second Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN PERKINS THIRD PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3, LOTS 26-33, BLOCK 2, PERKINS
FOURTH ADDITION AND ADJ. VACATED PINE CIRCLE
AND ALL OF PERKINS EIGHTH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Scott Stauss on behalf of the Hampton Corporation for preliminary approval of an ordinance to amend the zoning map to exclude from the Perkins 3rd PUD (Planned Unit Development) Concept Development Plan Amendment No. 2, and include in the Perkins 3rd PUD (Concept Development Plan), Amendment No. 3, a replat of Lots 26 to 33, Block 2, Perkins Fourth Addition and adjacent vacated Pine Circle thereto, and all of Perkins Eighth Resubdivision to the city of Grand Forks, North Dakota (located in the 3000 block of 40th Avenue South, with recommendation to give preliminary approval to the ordinance, subject to the technical changes shown on or attached to the review copy, and schedule a public hearing for June 21, 2004.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman 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 Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment 2, and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Lots 26-33, Block 2 of Perkins Fourth Addition and adjacent vacated Pine Circle and all of Perkins Eighth Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE PRELIMINARY PLAT OF PERKINS TENTH
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Scott Stauss on behalf of the Hampton Corporation for preliminary approval of Perkins Tenth Resubdivision, being a replat of Perkins Fourth Addition Lots 26 to 33, Block 2 to the city of Grand Forks, North Dakota (located in the 3000 block of 40th Avenue South), with recommendation to give preliminary approval of the plat of Perkins Tenth Resubdivision, 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.
APPROVE BIDS FOR STREET DEPARTMENT EQUIPMENT
The staff report from the director of public works relating to Street Department tandem truck and truck box and hoist bids, with recommendation to approve bids as follows: 1) tandem truck - $56,222.00 - Wallwork Truck Center, and 2) truck box and hoist - $14,542.00 - Truck Utilities-ND, for a total expenditure of $70,764.00.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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.
REFER MATTER OF REQUEST TO INCREASE FEES FOR
TAXI FARE TO COMMITTEE
The staff report from the finance department relating to request by Grand Forks Taxi to amend Grand Forks City Code Section 21-0311 to increase the fee for the first one-eighth (1/8) mile or portion thereof to $2.25 from $1.75, with recommendation to discuss the request and take action to approve or deny.
It was moved by Council Member Christensen and seconded by Council Member Brooks to refer this request to the finance/development standby committee. Carried 7 votes affirmative.
APPROVE ELIMINATION OF TEMPORARY LEVEES
AND AUTHORIZE AGREEMENT WITH UNIVERSITY OF
NORTH DAKOTA FOR MAINTENANCE OF PUBLIC BIKEWAY/
WALKING PATH ALONG PORTION OF ENGLISH COULEE
The staff report from the Planning and Engineering Departments relating to authorization for elimination of temporary levees along the English Coulee between Gateway Drive and 6th Avenue North and along Gateway Drive between Ralph Engelstad Arena Drive and Columbia Road, with recommendation to approve elimination of the temporary levees along the English Coulee between 6th Avenue North and Gateway Drive and along Gateway Drive between Ralph Engelstad Drive and Columbia Road and authorize the mayor to sign an agreement with the University of North Dakota that: 1) transfer the temporary levee dirt to the University of North Dakota in exchange for the University of North Dakota assuming ownership, operation, maintenance, repair and replacement of the existing public bikeway/walking path and lights along the English Coulee between 6th Avenue North and Gateway Drive; and 2) the University of North Dakota agrees to maintain and keep open to the public the bikeway/ walking path and lights along the English Coulee between 6th avenue North and Gateway Drive subject to alignment adjustments approved during the City's site plan review and approval process.
It was moved by Council Member Kerian and seconded by Council Member Glassheim that this recommendation be approved.
Council Member Gershman stated concern that when construction starts that some potential home owners might not want a bikepath behind their house and asked if this could be recorded so that it would show up when people buy property there. Mr. Swanson stated that the agreement is properly written to include legal descriptions, and could be recorded and tracked or indexed against the parcels and that would give as good a notice as would be available.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ACCEPT AND APPROVE FINAL ENVIRONMENTAL
IMPACT STUDY (EIS) FOR THE GRAND FORKS MUNICIPAL
SOLID WASTE BALEFILL FACILITY
The staff report from the director of public works relating to final environmental impact study for the Grand Forks Municipal Solid Waste Balefill Facility, with recommendation to accept and approve the Final Environmental Impact Study (EIS) for the Grand Forks Municipal Solid Waste Balefill Facility and authorize proper officials to present the EIS documents to the Turtle River Township Board of Supervisors/Zoning Commission and request that a hearing be granted for its petition for issuance of a conditional use permit from the Grand Forks County Planning Commission and Turtle River Board of Supervisors/Zoning Commission. The city auditor read the supplemental resolution approving the final Environmental Impact Study for the Grand Forks Municipal Solid Waste Balefill Facility, requesting public hearings upon application for a conditional use permit and to make application for such permits, was presented and read: Document No. 8532 - Resolution.
Mayor Brown stated that the Turtle River Township Board has requested an Environmental Impact Study from the City of Grand Forks and that is what making available tonight and that is the issue before us.
Todd Feland, director of public works, stated we are seeking authorization to move forward to the public hearings as stated in the resolution, and to begin the permitting process from the ND State Health Department and any other permitting process that are required, that tonight is first step to get us to a public hearing and to get our issue heard in front of the bodies that we need for zoning approval and for environmental approval for a solid waste permit. It was noted that this is not a public hearing but moving it towards a public hearing. Mr. Feland stated there will be two public hearings, one with the County and one with the Turtle River Township Board of Supervisors.
Mayor Brown stated he had several citizens who would like to address this issue, and the issue is to move this forward to a public hearing and that this is not public hearing.
The following individuals presented their protests to the landfill site location, requesting the City to look at alternatives before final decision is made:
Todd Leake, Fairfield Township, chair Grand Forks County Citizens Coalition
Dwight Wahlin, 3215 18th Street, Manvel
Annabel Montgomery, 2890 15th Street NE, Manvel
Jason Schaefer, 36 Parkview Circle
Ann Leeson, 3333 20th Street, Secretary/Treasurer of Levant Twp,
Daryl Bragg, 3702 Cherry Street (landowner)
Kevin Paschke, 3193 18th Street NE, Manvel