Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 21, 2004
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 21, 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), Christensen, Kerian, Kreun, Gershman - 6; absent: Council Member Glassheim - 1.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown commented on various events during the past week and upcoming events:
he welcomed Council Member Hamerlik who has been joining us by phone the last few weeks because of minor surgery and hoped that he will be getting back to us soon.
he honored and remembered Louis Kulas who passed away last week and that he left a commitment and dedication to the community, he was a trusted colleague of many people in this room and respected by those who worked with him and asked that they honor him in a moment of silence.
he congratulated everyone involved with the Nordic Initiative Mid-summer Fest this past weekend, the organizers, performers and volunteers did a fantastic job and thanked Shelly Michaels, Bruce Gjovig and the Nordic Initiative for spearheading this festival, that we will be hearing from a quartet.
this weekend kicked off the Farmers Market in Town Square.
congratulations to the Grand Forks Herald on 125 years of service to the community
that this week, from June 20 to June 26 has been declared Neighborhood Networks Week by the U.S. Department of Housing and Urban Development, and networks will celebrate efforts to promote self-sufficiency among residents of low income housing communities and the multi-service community learning centers are located in HUD insured and assisted properties - two centers are operated by the Grand Forks Housing Authority and properties owned by Grand Forks Homes - the LaGrave and Continental Centers - and this week will hold a variety of activities to celebrate their part in creating a better community and encouraged the city council and public to attend an open house at the LaGrave Learning Center from 3:00 p.m. to 5:00 p.m. on Wednesday, June 23.
He called Shelly Michaels from the Nordic Initiative Mid-summer Fest for special presentation. Ms. Michaels thanked mayor and council for support and for the sister-city delegation with Sarpsborg, and as a thank you tonight has a Norwegian quartet from Norway who sang a special song and also a happy birthday to the Mayor.
SUSPEND AGENDA TO INCLUDE STAFF REPORT,
HOLD PUBLIC HEARING AND ADOPT ORDINANCE
NO. 4015 TO AMEND THE ZONING MAP TO INCLUDE
WITHIN PERKINS THIRD PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 3, LOTS 26-33, BLOCK 2, PERKINS
FOURTH ADDN. AND ADJ. VACATED PINE CIRCLE AND
ALL OF PERKINS EIGHTH RESUBDIVISION
It was moved by Council Member Brooks and seconded by Council Member Gershman to suspend the agenda to consider the staff report from the Planning and Zoning Commission relating to the ordinance to amend the zoning map. Carried 6 votes affirmative.
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 had been introduced and passed on its first reading on May 17, 2004, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Scott Stauss on behalf of the Hampton Corporation for final 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, Lots N, O, and P, Block 2, Perkins Fourth Addition, 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 final approval to the attached ordinance.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 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, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
SUSPEND AGENDA TO INCLUDE STAFF REPORT, APPROVE
FINAL PLAT, HOLD PUBLIC HEARING AND ADOPT
ORDINANCE NO. 4016, AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE REPLAT OF PROMENADE SECOND RESUBDIVISION
It was moved by Council Member Brooks and seconded by Council Member Gershman to suspend the agenda to consider the staff report from the Planning and Zoning Commission relating to the ordinance to amend the Street and Highway Plan to include public rights of way as dedicated on the Replat of Promenade Second Resubdivision. Carried 6 votes affirmative.
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 had been introduced and passed on its first reading on May 17, 2004 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 and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Bobbie Hepper-Olson on behalf of the Grand Forks Housing Authority for final 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 between North 43rd Street and North 55th Street), with recommendation to give approval to the plat, subject to the conditions shown on or attached to the review copy, including final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 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, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT RESOLUTION VACATING EASEMENT BETWEEN
LOTS 2 AND 3, BLOCK 1 AND LOTS 5 AND 6, BLOCK 1,
SHADY RIDGE ESTATES FIFTH RESUBDIVISION
The city auditor reported that pursuant to instructions by the city council after having received a petition 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 (located in the 5000 to 6000 block of Adams Drive), 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.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Kerian that we hereby find and determine an insufficiency of protest to the proposed vacation. Carried 6 votes affirmative.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8564 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution be adopted. Carried 6 votes affirmative.
APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
SINGLE FAMILY DWELLING TO 5409 WEST MAPLE AVENUE
FOLLOWING PUBLIC HEARING
The city auditor reported that the notice of public hearing on the application by Bill Graveline to move a single family dwelling from Pisek, ND to 5409 West Maple Avenue to be used as a single family home, had been published and posted as required.
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 building and zoning administrator relating to public hearing for moving permit application to move single family home from Pisek, ND to 5409 West Maple Avenue, with recommendation to approve the moving permit.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved and that Mr. Graveline be authorized to move the building subject to meeting any conditions established. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 602, PROJECT NO. 5603
The city auditor reported that the period for filing protests on the resolution of necessary for the improvements in and for Paving District No. 602, Project No. 5603, paving in Birkholz Homestead Addition (Lydia Circle), had expired on June 19, 2004 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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 8565 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Christensen that we find and determine an insufficiency of protest as no protests were filed, and that the resolution be adopted. Carried 6 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5603, DISTRICT NO. 602
The city auditor presented and read tabulation of bids which had been received and opened on June 7, 2004 for Paving Project No. 5603, District No. 602, paving Lydia Circle, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $107,728.50: Document No. 8566 - Bid Tabulation.
The city engineer's estimate of total cost on Paving Project No. 5603, District No. 602, in the amount of $136,800.00, was presented and read.
The staff report from the engineering department relating to bids for Project No. 5603, District No. 602, Birkholz Homestead Addition paving (Lydia Circle), with recommendation to award contract to low bidder, Strata Corporation in the amount of $107,728.50.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
Council Member Christensen introduced the following resolution which was presented and read: Document No. 8567 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this resolution awarding the contract for Paving Project No. 5603, District No. 602, to Strata Corporation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 598, PROJECT NO. 5653
The city auditor reported that the period for filing protests on the resolution of necessary for the improvements in and for Paving District No. 598, Project No. 5653, paving in Columbia Park 29th Resubdivision, had expired on June 19, 2004 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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 8568 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Christensen that we find and determine an insufficiency of protest as no protests were filed, and that the resolution be adopted. Carried 6 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5653, DISTRICT NO. 598
The city auditor presented and read tabulation of bids which had been received and opened on June 7, 2004 for Paving Project No. 5653, District No. 598, paving in Columbia Park 29th Addition, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $257,822.25: Document No. 8569 - Bid Tabulation.
The city engineer's estimate of total cost on Paving Project No. 5653, District No. 598, in the amount of $327,450.00, was presented and read.
The staff report from the engineering department relating to bids for Project No. 5653, District No. 598, Columbia Park 29th Addition paving (Pembrooke Drive, Brookshire Drive and Pendleton Drive), with recommendation to award contract to low bidder, Strata Corporation in the amount of $257,822.25.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
Council Member Christensen introduced the following resolution which was presented and read: Document No. 8570 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this resolution awarding the contract for Paving Project No. 5653, District No. 598, to Strata Corporation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 601, PROJECT NO. 5669
The city auditor reported that the period for filing protests on the resolution of necessary for the improvements in and for Paving District No. 601, Project No. 5669, paving in Southbrook First Addition (Curran Court), had expired on June 19, 2004 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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 8571 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Christensen that we find and determine an insufficiency of protest as no protests were filed, and that the resolution be adopted. Carried 6 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5669, DISTRICT NO. 601
The city auditor presented and read tabulation of bids which had been received and opened on June 7, 2004 for Paving Project No. 5669, District No. 601, paving Southbrook First Addition (Curran Court), indicating that Strata Corporation was the low bidder based upon their bid in the amount of $133,784.75: Document No. 8572 - Bid Tabulation.
The city engineer's estimate of total cost on Paving Project No. 5669, District No. 601, in the amount of $169,900.00, was presented and read.
The staff report from the engineering department relating to bids for Project No. 5669, District No. 601, Southbrook First Addition (Curran Court), with recommendation to award contract to low bidder, Strata Corporation in the amount of $133,784.75.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
Council Member Christensen introduced the following resolution which was presented and read: Document No. 8573 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this resolution awarding the contract for Paving Project No. 5669, District No. 601, to Strata Corporation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PAVING PROJECT
NO. 5688, DISTRICT NO. 604
The city engineer's estimate of total cost of the construction of paving in Promenade Second Resubdivision, in the amount of $232,585.50 for paving, $225,009.75 for asphalt alternate, and $24,604.65 for alley paving, was presented and read.
The staff report relating to plans and specifications for Project No. 5688, District No. 604, Promenade Second Resubdivision paving, with recommendation to adopt resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8574 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PAVING PROJECT
NO. 5517, DISTRICT NO. 592
The city engineer's estimate of total cost of the construction of paving in Promenade 1st Addition and Promenade Second Resubdivision alley paving, in the amount of $65,828.18, was presented and read.
The staff report relating to plans and specifications for Project No. 5517, District No. 592, Promenade 1st Addition and Promenade Second Resubdivision paving, with recommendation to adopt resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8575 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, SIDEWALK
PROJECT NO. 5690, DISTRICT NO. 20
The city engineer's estimate of total cost of the construction of paving in Promenade First Addition and Promenade Second Resubdivision, in the amount of $68,710.95, was presented and read.
The staff report relating to plans and specifications for Project No. 5690, District No. 20, Promenade First Addition and Promenade Second Resubdivision sidewalk, with recommendation to adopt resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8576 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, SEWER PROJECT
NO. 5677, DISTRICT NO. 434
The city engineer's estimate of total cost of the construction of sanitary sewer on Adams Drive in the amount of $ , was presented and read.
The staff report relating to plans and specifications for Project No. 5677, District No. 434, sanitary sewer on Adams Drive, with recommendation to adopt resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8577 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, WATERMAIN
PROJECT NO. 5678, DISTRICT NO. 283
The city engineer's estimate of total cost of the construction of watermain on Adams Drive, in the amount of $ , was presented and read.
The staff report relating to plans and specifications for Project No. 5678, District No. 283, watermain on Adams Drive, with recommendation to adopt resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8578 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5676, PUMP STATION 42 AND FORCEMAIN; PROJECT
NO. 5685, PHASE 4 LEVEE SANITARY FORCEMAIN
RELOCATION, AND PROJECT NO. 5686, PHASE 4 LEVEE
WATERMAIN RELOCATION, AND BUDGET AMENDMENT
The staff report from the engineering department relating to plans and specifications for Project No. 5676, Pump Station 42 and Forcemain; Project No. 5685, Phase 4 Levee Sanitary Forcemain Relocation; and Project No. 5686, Phase 4 Levee Watermain Relocation, and budget amendment for Project No. 5676, Pump Station 42 and Forcemain, with recommendation to approve plans and specifications and to approve budget amendment.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE AGREEMENT WITH MINNKOTA POWER
COOPERATIVE, INC. FOR PHASE IV LEVEE PROJECT
The staff report from the engineering department relating to Minnkota Power Cooperative, Inc., relocation for Phase IV, Permanent Flood Protection Project, with recommendation to approve an agreement with Minnkota Power Cooperative, Inc. to relocate an electric transmission line needed for the Phase IV levee construction project (with est. cost to be $40,203.00).
It was moved by Council Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE AGREEMENT WITH MAGELLAN PIPELINE
COMPANY, LLC FOR PROJECT NO. 5635, FLOOD
PROTECTION PROJECT, PHASE IV, UTILTY RELOCATES
The staff report from the engineering department relating to utility relocation reimbursement agreement with Magellan Pipeline Company, LLC for Project No. 5635, Flood Protection Project, Phase IV, Utility Relocates (with est. cost to be $123,000), with recommendation to approve reimbursement agreement with Magellan Pipeline Company, LLC to relocate their existing facilities as needed for Phase IV of the Flood Protection Project, contingent upon review by the city attorney.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE GREENWAY TREE PLANTING PROGRAM
The staff report from the greenway coordinator relating to Greenway Tree Planting Program, with recommendation to approve the program subject to review by the city attorney.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BID SPECIFICATIONS FOR MDC'S FOR
POLICE DEPARTMENT
The staff report from the IS director relating to bid specifications for MDC's (mobile data computers) for police vehicles, with recommendation to approve specifications and allow bidding.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
ACCEPT PETITION FOR VACATION OF ALLEYWAY
IN BLOCK 3, PROMENADE FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to petition from the Grand Forks Housing Authority for approval to vacate all of the 25-foot alleyway through lands platted as Block 3, Promenade First Addition to the city of Grand Forks, with recommendation to give preliminary approval to the petition to vacate and set a public hearing dates as required by law.
It was moved by Council Member Gershman 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, and that a notice of public hearing be published as required (August 2, 2004). Carried 6 votes affirmative.
APPROVE FINAL PLAT OF PERKINS TENTH RESUB-
DIVISION
The staff report from the Planning and Zoning Commission relating to request from Scott Stauss on behalf of the Hampton Corporation for final 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 final approval of the plat, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF PERKINS ELEVENTH
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Scott Stauss on behalf of the Hampton Corporation for final approval (fast track) for Perkins Eleventh Resubdivision, being a replat of Perkins Fourth Addition, Lots N. O and P, Block 2, of the replat of Lots 1, 2 and 3, Block 2, Perkins Fourth Addition (located at 36th Avenue South and South 34th Street), city of Grand Forks, North Dakota, with recommendation to give final approval of the plat of Perkins Eleventh Resubdivision, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF BLOCK 16,
BUDGE & ESHELMAN'S 3RD ADDITION AND PARTS
OF VACATED STREETS
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Jon and Van Larson for final approval (fast track) of the replat of Block 16, Budge & Eshelman's 3rd Addition and the parts of vacated streets adjacent thereto to city of Grand Forks, North Dakota (located in the 1500 block of Dyke Avenue), with recommendation to give final approval, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF SHADY RIDGE ESTATES
FIFTH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Pribula Engineering on behalf of Lavonne K. Adams for final approval of the plat of Shady Ridge Estates Fifth Resubdivision, being a replat of all of Shady Ridge Estates 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 final approval to the plat, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 1, 2 AND
3, BLOCK 1, BIRKHOLZ HOMESTEAD ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Barnyard Developers, LLP for final approval (fast track) of a replat of Lots 1, 2 and 3, Block 1, Birkholz Homestead Addition to the city of Grand Forks, North Dakota (located in the 1800 block of Lydia Circle), 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 Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 12 - 17,
BLOCK 3, RIVERS EDGE ADDITION, AND ACCEPT PETITION
FOR VACATION OF DEDICATED ROADWAY AS SHOWN
ON THE REPLAT, AND SET PUBLIC HEARING
The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of the City of Grand Forks, et al, for final approval (fast track) of a replat of Lots 12 through 17, Block 3, Rivers Edge Addition to the city of Grand Forks, North Dakota (located at Rivers Edge Drive, east of Belmont Road), with recommendation to give final approval to the replat, subject to the conditions shown on or attached to the review copy; and to give preliminary approval to the vacation of the dedicated roadway as shown on the replat, and set a public hearing date as prescribed by law.
It was moved by Council Member Gershman 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 and that a notice of public hearing for August 2, 2004 be published as required Carried 6 votes affirmative.
INTRODUCE ORDINANCE APPROVING MERRIFIELD ROAD
LAND DEVELOPMENT MORITORIUM
The staff report from the Planning Department relating to request from the Grand Forks/East Grand Forks Metropolitan Planning Organization (MPO) for a Land Development moratorium along and one-quarter mile north and one-half mile south of Merrifield Road from the intersection of Merrifield Road and Belmont Road east to the Red River, with recommendation to approve the land development moratorium as requested with a moratorium ending date of December 31, 2004.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance establishing a moratorium on the issuance of building permits and approval of plats adjacent to the Merrifield Road between South Belmont Road extended and the Red River of the North", which was presented, read and passed on its first reading.
APPROVE GATEWAY DRIVE COMMITTEE
The staff report from the Urban Development Director relating to the Gateway Drive Committee, with recommendation to establish committee with membership as listed in the staff report: Council Member Brooks; Keith Danks, Ideal Service Corp.; Rachel Gowan, Vern's Parking Lot Mtce. and JR Investments; Arlin Hagen, J.R. Simplot Co.; Dean Jacobson, Jacobson Office Products; Dean Jelsing, Grand Forks Vending; Steve Johnson, Grand Forks Airport Authority; Don Kuntz, Fine Print; Archie Simonson, Simons Gas Stations; and George Wogaman, Wogaman Insurance.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE WATER METER AND REMOTE READ BID
SUMMARY
The staff report from the superintendent of water utility relating to water meter and remote read bid summary, with recommendation for approval of bids as presented and awarded to Northern Water Works for meters with ert from Hydro Supply in the amount of $66,710.44.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
RECEIVE TABLUATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO.
5514, WATERMAIN PROJECT NO. 5515 AND SEWER
PROJECT NO. 5516
The city auditor presented and read tabulation of bids which had been received and opened on June 7, 2004 for Sewer Project No. 5514, District No. 423; Watermain Project No. 5515, District No. 278, and Sewer Project No. 5516, District No. 424. Promenade 1st Addition and Promenade 2nd Resubdivision, indicating that United Crane & Excavation was the low bidder based upon their bid in the amounts of $135,294.18, $70,214.00 and $71,819.92, for a total bid of $277,328.10: Document No. 8579 - Tabulation of bids.
The city engineer's estimates of total cost on Sewer Project No. 5514, District No. 423, Watermain Project No. 5515, District No. 278 and Sewer Project No. 5516, District No. 424, in the amounts of $171,825.00, $89,220.00, and $91,225.00, were presented and read.
The staff report from the engineering department relating to bids for Project No. 5514, District No. 423, Promenade 2nd Resubdivision sanitary sewer, Project No. 5515, District No. 278, Promenade 2nd Resubdivision watermain and Project No. 5516, District No. 424, Promenade 2nd Resubdivision storm sewer, with recommendation to award contract to United Crane & Excavation in, Inc. in the amount of $277,328.10.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8580 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution awarding the contract for Sewer Project No. 5514, Watermain Project No. 5515 and Sewer Project No. 5516, to United Crane & Excavation, Inc. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
APPROVE SIX-MONTH EXTENSION OF CONDITIONAL
USE PERMITS FOR WEEKLEY'S AUTO PARTS, INC. AND
SWANGLER AUTO PARTS, INC. AND APPROVE TASK
FORCE TO STUDY THE MATTER
The staff report from the planning department relating to the request from Scott Weekley for an extension of the Weekley's Auto Parts, Inc. conditional use permit (CUP) for the operations of a junkyard, wrecking yard or auto salvage yard located on the north side of Highway No. 2 between North 69th Street and North 83rd Street, with recommendation to approve a six (six) month extension of the Weekley's Auto Parts, Inc. CUP (U.S. Highway No. 2 site) and recommend the city council approve a six-month extension of this conditional use permit.
The staff report from the planning department relating to the request from Jerry Swangler for an extension of the Swangler Auto Parts, Inc. conditional use permit (CUP) for the operations of a junkyard, wrecking yard or auto salvage yard located on the north side of Highway No. 2 between North 69th Street and North 83rd Street, with recommendation to approve a six (6) month extension of the Swangler Auto Parts CUP (U.S. Highway No. 2 site) and recommend the city council approve a six month extension of this conditional use permit.
Council Member Brooks moved to approve city staff's recommended action and to request the mayor to form a task force including two council members, selected staff and representatives of the businesses, to prepare a recommendation for a permanent permit by the end of the six months extension. Council Member Kreun seconded the motion but suggested as a friendly amendment, listing the individuals who would fill those positions as Council Members Brooks and Gershman, Bev Collings and Howard Swanson as staff representatives, and Mr. Weekley and Mr. Swangler. Council Member Brooks agreed.
Council Member Kerian stated the larger group (Gateway Drive Committee) is about how to improve that whole area, while this is enforcement at two businesses and keeping the two groups separate makes some sense; and that she has a concern with the word "permanent" in the motion, and would ask for some recommendations to change the conditional use permits to better conform with law and so that the businesses are satisfied and we can improve the situation. She stated that additional recommendations that come from this are the issue of people dumping cars there and that is not part of the conditional use permit and maybe part of some other ordinances that would be used for enforcement.
Council Member Christensen stated that we should adopt staff's recommendation and that in the interim the mayor would appoint this task force consisting of the individuals discussed if they are willing to serve and these individuals can then come back with recommendations; that should we continue to permit the use in that area, what conditions should be required to allow the permitted use, we will have some issues about beautification of Highway 2 and if no objections from the mover would like to remove the word, permanent, and the task force do the things that were discussed.
Council Member Brooks stated taking out the words "for permanent permit" and to prepare recommendation by the end of the six months and would accept that as a friendly amendment if the second would agree; Council Member Kreun agreed.