Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 20, 2004
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 20, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, 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:
That he was part of the 16th Annual Socks for Kids this past Saturday at K-Mart, money was raised from an auction in Northwood and about 600 kids participated in the shopping and received $50.00 each and had the pleasure of shopping with a young person from Hibbing, MN and thanked the organizers.
That this Saturday night he and Mayor Stauss rang the bells for the Salvation Army at the REA, and Salvation Army is important to our community, they provide food baskets, clothing, rent, utility assistance and Coats for Kids, and thanked the Salvation Army and all the volunteers who are helping this effort; that he will be at the Kick Off for the all-day long live broadcast tomorrow morning on KNOX for the Salvation Army beginning at 7:30 a.m. on DeMers and Washington and hope people can swing by on their way to work and keep this effort moving.
A photography exhibit is starting today show-casing the Norwegian American life in North Dakota at the Empire Theatre, "Norwegian Footprints" and honored to have this display in Grand Forks and encouraged everyone to attend.
5 days until the puck drops - and to help kick off the World Junior experience there will be a team USA Booster lunch on Thursday, December 23, at Alerus Center at 1:00 p.m., public is invited.
Mayor Brown invited organizers from the World Juniors to come forward: Tanya Kuntz and Cheri Reitmeier stated they have been busy filling contractual operations and that they have many things that they are doing; and thanked City for support.
Art Berglund, Senior Director of International Operations, and Jim Johannson, Senior Director of Hockey Operations, were present and made comments and thanked City for its support.
CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE AMENDING TEXT OF LAND DEVELOP-
MENT RELATING TO GROUND MONUMENT SIGNS
An ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of Grand Forks City Code of 1987, as amended, amending Article II", which had been introduced and passed on its first reading on November 15, 2004, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The staff report from the Planning and Zoning Commission relating to the request from the Planning Department for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204, Rules and Definitions, Subsection (2), Definitions; Section 18-0301, Signs, Subsection (9), Paragraph (B); and Appendix F, all relating to ground monument signs.
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 opened the public hearing.
Council Member Kreun stated that some of the information they had requested from the manufacturers of these sign companies didn't come in and moved to continue the public hearing and second reading of the ordinance to January 18, 2005. Council Member Christensen seconded the motion. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 4036, AMENDING CHAPTER XVIII,
ARTICLE 8, COMPREHENSIVE PLAN
An ordinance entitled "An ordinance amending the Comprehensive Plan, amending chapter XVIII, Article 8, Comprehensive Plan; Section 189-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2025 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2002 Transit Element, 2003 Street and Highway Element)", which had been introduced and passed on its first reading on November 15, 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.
The staff report from the Planning and Zoning Commission relating to the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization to amend the Grand Forks Comprehensive Plan to include the Grand Forks-East Grand Forks 2030 Transportation Plan Update, (2004 Alternative Transportation Modes Element) together with all maps, information, recommendations and data contained therein, with recommendation for final approval of the ordinance and resolution by the Planning and Zoning Commission and recommending the city council give final approval to the ordinance.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Todd Feland, director of public works, stated that proposals with potential cost savings are service changes that will come sometime in 2005 for council's further review and decision.
Upon call for 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 ordinance adopted.
HOLD PUBLIC HEARING ON 2005 COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM, CONSOLIDATED
PLAN AND ANNUAL ACTION PLAN
The staff report from the Office of Urban Development relating to the 2005 Community Development Block Grant Program, with recommendation to review proposed 2005 CDBG budget (2005 Annual Action Plan) and draft 2005-2009 Consolidated Plan; hold public hearing on the 2005 CDBG Program and Action Plan, and announce 30-day public comment period. Final public hearing on January 18, 2005.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun approved the recommendation and to give preliminary approval, and asked that if there were an excess in funds to direct Urban Development staff to consider utilizing some of those funds to finish the CVIC project, $16,368. Council Member Christensen seconded the motion. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT FOR PENSION
The staff report from the finance and administrative services director relating to budget amendment for pension, with recommendation to approve the budget amendment in the amount of $447,062.00.
Council Member Christensen stated that this is the City's share coming out of the General Fund and based upon information he has received that there is a shortfall in the pension of approximately $1,950,000, that has to be addressed by all the departments and questioned if that is the case, what is the plan for the departments to find the money to make up the shortfall and how will that impact us in 2005.
The city auditor asked that they keep in mind that the contribution is prescribed to be a $1.9 million and we do have budgeted in 2005 approximately $1.3 million so if contribution stays the same it is still about a $700,000 or $800,000 which is a large dollar amount that we have to look at, and that with transfers made this evening they have covered the contribution for this year. He concurred that we need to look at this very quickly. He also stated that this will be looked at in the beginning of the year and that the council can decide whether they want to send it to finance/development committee or to the pension/insurance committee and that Council Members Hamerlik and Kreun are on that committee and they will be reviewing this and bringing forward some proposals.
It was moved by Council Member Christensen and seconded by Council Member Hamerlik that the recommendation to approve the budget amendment be approved. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT - FINANCE
The staff report from the finance and administrative services director relating to budget amendment for department of finance and administrative services, with recommendation to approve the budget amendment in the amount of $40,708.36 (for special events).
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CABLE TELEVISION FRANCHISE RENEWAL
WITH MIDCONTINENT COMMUNICATIONS
The negotiated franchise agreement provides for the continuation of a 5% franchise fee; establishes that the franchisee is allowed to provide cable television services throughout the city limits; requires extension of cable services into newly developed and annexed areas; establishes two channels to be used for education and governmental uses (one channel is intended to be used by the city and the second channel is intended to be used by the University of North Dakota). No public access channel is provided. The proposed term of the franchise agreement is ten years unless revoked or terminated sooner.
The staff report from the city attorney relating to matter of cable television franchise renewal with Midcontinent Communications, with recommendation for preliminary and final approval of franchise agreement.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE CABLE SERVICES REGULATORY ORDINANCE
The staff report from the city attorney re. adoption of cable services regulatory ordinance, with recommendation for preliminary and final approval of cable services regulatory ordinance.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik to approve the recommendation for adoption of the cable services regulatory ordinance. Carried 7 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance for the city of Grand Forks, North Dakota establishing requirement and procedures relating to the granting of cable services franchises for use of public rights of way within the city of Grand Forks, including the definition of terms, requirement for community service channels, requirements regarding the charging of fees for use of rights of way, customer service standards, technical standards, and other provisions relating to cable services franchises", which was presented, read and passed on its first reading.
APPROVE BUDGET AMENDMENT, BIKEWAY
CAPITAL PROJECTS FUND
The staff report from the engineering department relating to budget amendment request to Bikeway Capital Projects Fund 4108, with recommendation to approve the budget amendment. (technical correction to move budget dollars to correct fund - bikeway 4108 ($33,518).
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CREATION OF SPECIAL ASSESSMENT DISTRICT
FOR PAVING PROJECT NO. 5787, DISTRICT NO. 609
The staff report from the engineering department relating to creation of special assessment district for Project No. 5787, District No. 609, paving Chestnut Street (5400 block), with recommendation to approve city funding of half of the project construction costs; approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5787, District No. 609.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8617 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 5787, DISTRICT NO. 609
The city auditor presented and read the engineer's report on Paving Project No. 5787, District No. 609: Document No. 8618 - Report.
It was moved by Council Member Gershman and seconded by Co9uncil Member Hamerlik that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5787, DISTRICT NO. 609
Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 8619 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution 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.
AWARD BID FOR HEAVY-DUTY TOW VEHICLE FOR
FIRE DEPARTMENT
The staff report from the fire department relating to awarding bid for heavy-duty tow vehicle, with recommendation to award the bid for tow vehicle to Hansen Ford in the sum of $38,617.00.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik 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.
AWARD BID FOR SELF-CONTAINED BREATHING
APPARATUS (SCBA) FILL STATION
The staff report from the fire department relating to bid for self-contained breathing apparatus (SCBA) fill station, with recommendation to award bid for SCBA fill station to Alex Air in the sum of $33,800 to include moving of existing equipment to GF Airport Fire Department.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik 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 BUDGET AMENDMENTS, POLICE DEPARTMENT
The staff report from the police department relating to budget amendment (Homeland Security Grant award in the amount of $200,000), with recommendation to approve the budget amendment. (The police department was awarded a North Dakota Division of Emergency Management Weapons of Mass Destruction grant)
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
The staff report from the police department relating to budget amendment (Department of Justice grant reimbursement) in the amount of $99,241.50, with recommendation to approve budget amendment. (The police department was awarded a Department of Homeland Security 2003 State Grant Program for the purchase of a mobile command post for the SET Team).
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
The staff report from the police department relating to budget amendment (Department of Justice Weapons of Mass Destruction grant reimbursements received in 2004 in the amount of $330,474.82), with recommendation to approve the budget amendment. (The police department was awarded Department of Justice, Division of Emergency Management 2002, 2003 and 2004 state grants .)
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE 2005 SALARY PLAN UPDATE
The staff report from the human resources department relating to the 2005 salary plan update, with recommendation to approve the 2005 salary plan as annually updated per Section 6-0302(1) Salary Plan Adoption.
It was moved by Council Member Christensen and seconded by Council Member Kreun to approve the salary plan update.
Council Member Christensen stated he would like to reactivate the wage and pension committee for a review of the past two years of how this process, pay for performance project, has been working and would like a report from the Human Resources Department and from the administrative director as to the pay for performance component with some input from the rank and file (not department heads) from each department as to what their thoughts are on the pay for performance, that they have not had an update as to how it has been administered. Daryl Hovland, interim HD director, stated he would meet with Mr. Duquette and do a progress report within 60 to 75 days.
Council Member Gershman asked how many employees have challenged the evaluations that sets the pay for performance. Mr. Hovland stated that out of 454 employees, had 28 that didn't want to sign the evaluation and of those 28 only 4 challenged it with Mr. Duquette.
Council Member Christensen stated it has come to his attention by various members of the rank and file in various departments that they are not that happy with how the pay for performance has been administered, and he believes that when these issues are brought to their attention as councilpersons, they have an affirmative duty to look into them at some level, and will sit on the committee.
Council Member Kreun suggested that before reconvening the committee receive reports or do small survey and bring report back and review, and if it shows there is a concern, reconvene the committee
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
The city council asked for report on the pay for performance within 60-75 days.
ADOPT RESOLUTION TO ANNEX TO THE CITY OF
GRAND FORKS PARTS OF DEEDED LANDS KNOWN AS
KINDNESS ANIMAL HOSPITAL AND INTERSTATE 29 R/W
EASTERLY THEREOF
The staff report from the Planning and Zoning Commission relating to the request from the Planning Department for approval of a resolution to annex to the city of Grand Forks, North Dakota, parts of deeded lands known as the Kindness Animal Hospital and Interstate 29 right of way easterly thereof, except those lands previously annexed (located at 4400 32nd Avenue South), with recommendation to approve the request from the Planning Department for approval of a resolution and set a public hearing date as prescribed by law (February 7, 2005).
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution of annexation, which was presented and read: Document No. 8620 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution 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.
APPROVE FINAL PLAT OF REPLAT OF LOT 2, BLOCK 1,
CURRAN'S 3RD ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development, Inc. for final approval of the replat of Lot 2, Block 1, Curran's 3rd Addition to the city of Grand Forks, North Dakota (located in the 4600 block of South Washington Street), 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 Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE EXTENSIONS OF CONDITIONAL USE PERMITS
FOR WEEKLEY'S AUTO PARTS, INC. AND FOR SWANGLER
AUTO PARTS, INC.
The staff report from the Planning Department relating to 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 one-year extension of the existing CUP.
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 one-year extension of the existing CUP.
Council Member Christensen stated he would support the recommendation from the Planning Department with the addition to the motion the following: that the committee provide the council with copies of the minutes of those meetings with periodic updates (quarterly), and that the Urban Development Office provide the committee with information regarding Brownfield's so that if there is a need for federal funds to work towards the cleanup of the area, that they have that resource available.
Council Member Christensen moved that the recommendations for extensions be granted, and committee provide council with periodic reports every quarter. Council Member Brooks seconded the motion.
Council Member Brooks stated that as chairman of the committee, he would continue making those updates available, and will continue to work with these businesses. He stated that these are long established businesses in the city of Grand Forks; that there is an issue in terms of aesthetics and committee has some ideas, and they will work with consideration for those businesses and bring back to the council with a permanent solution.
Council Member Glassheim questioned why the solution couldn't be done in less time, 6 months, however, Council Member Brooks stated that it may not take a year but that they want to do it right and that is how they are going to proceed with it, that the business owners would like to have this resolved, and when ready it will be brought forward.
Council Member Christensen moved to amend the reports for the extension for one year with the provision that the committee give the council quarterly reports to the extent that they are available and that the Urban Development Office work with the committee to assist if they need any Brownfield information or clean-up information. Council Member Brooks seconded the motion. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
16, COX'S ADDITION
The staff report from Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Jerry and Mary Volk for final approval (fast track) of the replat of Lot 1, Block 16, Cox's Addition to the city of Grand Forks (located at 2105 and 2107 South 10th Street), with recommendation for 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 Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PRELIMINARY PLAT OF REPLAT OF VILLAGE
RESUBDIVISIION NO. 4
The staff report from Planning and Zoning Commission relating to request from Advanced Engineering on behalf of Turning Point, LLC for preliminary approval of a replat of Village Resubdivision No. 4, being a replat of Lots 3 through 11, and Lots 15 and 16, Block B of the replat of Block 2, Village Resubdivision No. 2 and Lot G, a replat of Lot A, Block B of the replat of Lot 17 and Lot 20, Block B of the replat of Block 2, Village Resubdivision No. 2 to the city of Grand Forks, North Dakota (located west of North 42nd Street between 5th Avenue North and University Avenue), 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 Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
REFER MATTER OF REQUEST FOR ORDINANCE TO
AMEND TEXT OF LAND DEVELOPMENT CODE, CHAPTER
XVIII, SECTION 18-0217, RE. APARTMENT DWELLING UNITS
The staff report from Planning and Zoning Commission relating to request from the Planning Department for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0217, B-4 (Central Business) District; subsection (2) Uses Permitted, relating to apartment dwelling units, with recommendation to give preliminary approval to the ordinance and set a public hearing for January 18, 2005.
Council Member Gershman stated after last week's meeting he talked with two architects who have done projects downtown and asked them their opinion of allowing apartments, condominiums or single family dwellings on first floor of commercial buildings downtown, that one was in favor because of ability to put apartments to the back of a building and have a buffer zone in the front, and the other architectural firm was more cautious, and that this has major ramifications of the policy (that in 1995 it was changed to allow single family or apartments on the first floor), but as he thought about it that perhaps they should refer this to the task force, and moved to refer this issue to a task force to consist of architects, staff, downtown review committee and council members and to report back within 60 days. Council Member Christensen seconded the motion.
Chris Bleuenstein stated he purchased the property at 315 Kittson Avenue, that he just moved to Grand Forks in August from Ohio, that he took a job with the North Dakota State Court System and is a trial court administrator for the NE and NE Central Judicial Districts and wants to make the downtown his home with the intention of making the property a single family residence; that the first floor is two separate commercial units with two apartments on the second floor and his intention was to combine the first floor into one large area, an open floor plan with a living room, dining room, kitchen and putting in an access within the footprint of the building a stairway to the second floor which would be two bedrooms on the second floor, and is doing this on land contract for a two-year period so some time constraints to get in and do the work and refinance it at the end of the two-year contract.
After further discussion and upon call for the question, the motion carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT, URBAN DEVELOPMENT
The staff report from the Office of Urban Development relating to matter of budget amendment request, with recommendation to approve the budget amendment in the amount of $40,000 to set up transfer in/transfer out for 2004 CDBG Bricks and Mortar project.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPLICATION FOR RENAISSANCE ZONE,
SUBJECT TO CONDITIONS
The staff report from the Urban Development Office relating to Grand Forks Renaissance Zone Project GF-12, with recommendation to approve the Renaissance Zone Project GF-12, subject to provision of a certificate of good standing from the State Tax Commissioner, and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services for action.
Council Member Christensen stated that the same issues apply to this item as to the previous item relating to the request for ordinance to amend text of Land Development Code, Chapter XVIII, Section 18-0217, re. apartment dwelling units, and moved to continue this for 60 days and refer this issue to a task force so will know how the ordinance will be changed to implement the rehab of 121 North 5th Street (former YMCA/W building).
Greg Hoover stated this is the old YW building and project would be to convert the upper two floors of that building into upper-scale condominiums. Mr. Swanson, city attorney, stated he had provided a memo to all the council members and the mayor this week in which he addressed the question as to the definition of residential unit and apartment unit, that he is not familiar with this proposal but his recommendation with respect to the amendment of a B-4 zone was to include specifically condominium units as a permitted use.
Council Member Kerian stated this has different set of issues about moving a renaissance project along, and that once we approve it, it has to go through other activities, and if there is any relationship to the ordinance brought up for property on Kittson, why not want to go ahead with the renaissance project. She stated this does have those main floor issues that we need to resolve. Mr. Hoover stated what would be most appropriate is for council to decide what they need to do in this particular case to move forward, wouldn't like to see us approve a project and forward it to the State and then say we didn't really mean for this to go forward.
Mr. Swanson advised council to keep in mind that a first floor residential unit is permitted under current Code, there is no ability for this body to preclude that at this time, that if you choose to amend that ordinance at a later date it would be effective at that time, that what is unclear from materials in front of him, it is described as residential units, are they condominium units to be owned or rental units. He stated his concern was the definition of a residential unit refers to apartments; and that the issue of first floor is not present as that is a permitted use.
Council Member Christensen stated that he was suggesting that we continue this matter for up to 60 days until we get the report back on the change of the ordinance, that 121 North 5th Street when converting the upper two levels in 8 up-scale residential units, plans for the basement have not been decided, the upper floor is the main floor which is residential unit, and now as the city attorney has suggested is that they may want to redefine the term say a dwelling unit to consist of but not limited to apartments, condominiums and single-families if that is what we want to do, the city attorney stated because apartments are allowed and that single families are not allowed, should clarify the ordinance so that if this gentleman wants to sell condominiums on the main floor that is permitted under our ordinance so there are no issues going forward, and that why would pull it for 60 days.
Council Member Glassheim stated we're not sure they can do a condo apartment on the main floor but that is up for possible amendment, and he didn't hear any concern from council members about that; and that he thought the study committee was mainly looking at single-family housing on the main floor. Council Member Christensen stated that a condominium is another way of saying a single-family unit is subjected to condominium regime ownership, and that Mr. Swanson has suggested that we look at our ordinance to make that a permitted use on the main floor in our central business district; that a single family unit is not permitted.
Council Member Brooks stated the recommended council action is to approve the project, subject to provision of certificate of good standing from the State Tax Commissioner and we should be waiting for that, and Council Member Christensen's motion is to tie it in with 60 days; and seconded Council Member Gershman's motion.
Council Member Christensen stated that if the issue is to move the project forward to allow them to proceed with the renaissance application subject to a review after the committee report comes in. The mover and second withdrew the previous motion, and Council Member Christensen moved approval of the application for the Renaissance Zone, so the project can move forward, subject to a review of the city ordinances previously discussed, subject to a report from the committee as to whether or not the main floor will be a permitted use as a single-family or condominium use. Council Member Brooks seconded the motion.
After further discussion and upon call for the question, the motion carried 7 votes affirmative.
REVIEW PROPOSED AMENDMENT TO 2004 CDBG ANNUAL
ACTION PLAN FOR AFFORDABLE HOUSING PROGRAM
The staff report from Urban Development relating to proposed Amendment No. 2 to the 2004 CDBG Annual Action Plan for the Affordable Housing Program, with recommendation to 1) review proposed amendment to 2004 CDBG program, 2) announce 30-day public comment period; and 3) hold public hearing and approved amendment at city council meeting on January 18, 2005.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
CITY AUDITOR'S STATEMENT OF CHANGES IN CASH
BALANCES
The city auditor's statement of changes in cash balances as of November 30, 2004 was presented to the city council for their information.
APPROVE BILL LISTING
Vendor Payment Listing No. 04-24, dated December 17, 2004 and totaling $1,339,106.39 were presented and read.
It was moved by Council Member Brooks and seconded by Council Member Christensen that the 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 DECEMBER 6, 2004
Typewritten copies of the minutes of the city council meeting held on Monday, December 6, 2004 were presented and read. It was moved by Council Member Kerian and seconded by Council Member Brooks that the minutes be approved as read. Carried 7 votes affirmative.
ADMINISTRATIVE COORDINATOR COMMENTS
Rick Duquette, administrative coordinator, stated that many employees work during the holiday season, and recognized those employees in public safety, public works and water treatment, and also recognized all employees, senior executive management teams, and the work of mayor and city council.
COUNCIL AND MAYOR COMMENTS
1) Council Member Brooks asked where we are at with the Human Resource director position, would like to see report; and that he appreciated work of staff.
2) Council Member Christensen thanked senior staff for job done this year and work effort has been on-going, and would like to point out to those who choose to spend time listening to various radio stations, that find time to criticize certain activities and choose to suggest that we have hidden agendas when we try to locate a landfill somewhere within the region - this isn't an easy deal for people to spend the time and council members work really hard for not a lot of praise and if don't like it, volunteer for a committee to see what these people do.
3) Council Member Kerian stated they had the last meeting of the task force that was looking at rezoning north end neighborhood near UND, a lot of time and effort was put in by a lot of people, including city staff, members of city council, Planning and Zoning and a number of people from the community, that they have met the timeline and when get final wording will bring back in January for the neighborhood and council to consider; information will go out to the members of that neighborhood, notifying them of when they may be able to come and speak to that issue.
4) Council Member Kreun stated that he was disappointed that our campus would not consider having military recruitment on our campus, that when thinking about what the military does for us, our community and nation and anybody that would consider not putting a recruiter on their campus certainly does a disservice to our country and also would not make available the education that was afforded them for their service, and would certainly hope they would think it over before making that comment again. Council Member Brooks stated those comments were not made by UND administration.
5) Council Member Gershman stated staff, mayor and colleagues on city council, that they get rapped sometimes and one of the things you look for is the quality of discussion and people working with, and there is very high level of discussion and appreciates dedication of council and thanked everybody for a very productive year.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor