Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 18, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 18, 2005 at the hour of 7:00 o’clock p.m. with Vice President Hamerlik presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Gershman (teleconference), Christensen, Kerian, Kreun - 7; absent: none.
Vice President Hamerlik 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. He added that there are two members attending the meeting via phone and that there have been problems with the connection which they are working to resolve and overall anticipate the phone problems to be corrected by next week.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO LAND DEVELOPMENT CODE,
CHAPTER XVIII SECTION 18-0204, RE: RULES AND DEFINITIONS,
SUBSECTION (2), DEFINITIONS; SECTION 18-0301, SIGNS, SUB-
SECTION (9), PARAGRAPH (B) AND APPENDIX F, ALL
RELATING TO GROUND MONUMENT SIGNS.
An ordinance entitled "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", 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.
The staff report from the Planning and Zoning Commission relating to request from the Planning Department for final approval of the ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, all relating to ground monument signs, with recommendation to table the request until February 22, 2005. Council Member Kreun moved and Council Member Kerian seconded, that the public hearing and second reading of the ordinance be continued until February 22, 2005.
Council Member Kreun informed the Council that the commission had requested information from local sign companies that will be used in amending the ordinance on the ground monument signs and to date have not received any information back from the sign companies. Council Member Christensen inquired as to whether the ordinance could be drafted in a broader context so that the specific technical information that was requested would not be necessary. Council Member Kreun responded that staff is working on a broad ordinance but there is some terminology that needs to be included and added that they will be stressing to the sign companies that this is their last opportunity to provide the information or staff will proceed on their own. Council Member Brooks concurred and requested that staff and the committee make the sign companies aware that they had a limited amount of time to provide the information requested so that the ordinance can be read and acted on at the February 22, 2005 meeting. Dennis Potter, City Planner, stated that staff will be passing on these comments from Council.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
HOLD PUBLIC HEARING ON 2005 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
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 final public hearing on the 2005 CDBG Program and Action Plan, and give final approval for said plan.
Vice President Hamerlik opened the public hearing, there were no comments and the public hearing was closed.
Council Member Christensen moved and Council Member Gershman seconded, to approve the recommendation and to give final 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. Carried 7 votes affirmative.
HOLD PUBLIC HEARING ON PROPOSED AMENDMENT
#2 TO THE 2004 CDBG ANNUAL ACTION PLAN
The staff report from the Office of Urban Development relating to the Amendment #2 of the 2004 Community Development Block Grant Program, with recommendation to review second amendment to the 2004 CDBG budget (2004 Annual Action Plan); hold public hearing and approve amendment.
Vice President Hamerlik opened the public hearing, there were no comments and the public hearing was closed.
Council Member Christensen moved and Council Member Kerian seconded, to approve the amendment. Carried 7 votes affirmative.
APPLICATION FOR CLASS 3 (OFF AND/OR ON-SALE BEER
AND WINE) LICENSE BY SRJ, INC. DBA VALLEY VIDEO GAMES,
308 DEMERS AVENUE
Council Member Gershman asked to be recused from this item. Council Member Brooks moved and Council Member Kreun seconded to recuse Council Member Gershman from this item. Carried 7 votes affirmative.
The staff report from the City Auditor relating to matter of issuance of liquor license (SRJ, Inc. dba. Valley Video Games) with recommendation to approve issuance of license to SRJ, Inc.
Council member Kerian expressed a concern as this establishment has previously been a youth oriented facility and how the premises has been changed to ensure that the serving of alcohol is separated from the underage areas of use.
James Steen, 1445 5th Avenue N, Fargo, ND, stated that the business has been operating as Lucky’s Green Room and that the current owner had approached him several months ago about acquiring the business. He continued that they have monitored the business activity over the last few months and as a youth only facility it has not shown to be a viable business. He added that his objective in adding the alcohol service will attract an adult clientele that will make the business more viable. Mr. Steen stated that he has been working with Bruce Melin of the City Building Inspection Department to design a method of separation in the facility so that alcohol would not be readily available in the underage area. He described the layout for the council, as well as explaining how the alcohol will be sold and served to the patrons.
Howard Swanson, City Attorney, stated that the license has been reviewed by all appropriate departments of the City and has met all requirements. He added that this establishment is being treated the same as other pool halls and bowling alleys.
Council Member Kerian moved and Council Member Christensen seconded that this recommendation be approved. Carried 6 votes affirmative.
APPROVE LEASE AGREEMENTS WITH PARK DISTRICT
FOR LINCOLN DRIVE PARK AREA OF GREENWAY
The staff report from the Engineering Department relating to a lease agreement with the Park District for the Lincoln Drive Park area of the Greenway, with recommendation to approve the lease agreement between the City of Grand Forks and the Grand Forks Park District for the Lincoln Drive Park for the term of one full year starting February 3, 2005, contingent upon review and approval of the City Attorney’s Office.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE LOCATION AND GRANT APPLICATIONS FOR
SOUTH END BOAT RAMP PROJECT NO. 5663
The staff report from Engineering Department relating to the location and approval of grant applications for a south end boat ramp, Project No. 5663.
Due to problems with the phone connection, Council Member Gershman requested that a prepared statement that he had delivered to Vice President Hamerlik be read into the record. Mr. Schmisek read the following statement into the record.
“Dear Vice President Hamerlik, Having been informed that there may be trouble with the sound system this evening, I have prepared this statement that I would like you to read into the record concerning the south of the Riverside Dam boat ramp. Over the past couple of years I have been, like most if not all of the Council members, in support of a south-of-the-Riverside dam boat ramp. I tried to find a way to place the ramp in the downtown area to mitigate the concerns of many of the residents near Lincoln Park. While I thought that would have been a good location my support for the downtown location ceased when I spoke with the ND Game and Fish and found out that their policy is not to offer grant support to “redundant” ramps. The downtown location will be redundant because of the EGF ramp directly across the river. With this new information (that the cost of the downtown ramp would need to be paid totally from city funds and that the likelihood of receiving up to 75% of the cost for a ramp at Lincoln) I have made the decision to support the Lincoln Park boat ramp. There are times on the council when city wide issues need to be weighed against the interests of a ward or neighborhood. For me this is one of those times. Thank you, Hal Gershman.”
Vice President Hamerlik asked if there was anyone present who had comments to make on this matter. There were none.
It was moved by Council Member Brooks and seconded by Council Member Christensen to recommend approval of a south-end boat ramp at the Lincoln Drive site and to authorize staff to prepare the appropriate grant applications.
Council Member Christensen stated that he wanted to publicly applaud Council Member Gershman for his community vision and looking at what is best for the community in this situation. He added that he understands that some residents in the area are concerned about potential for parking and traffic issues and expressed that he is confident that if these problems do arise that this and future councils will make every effort to work with the neighborhood to arrive at a solution. He continued that he feels this park is a primo facility in our community and with each added amenity it increases the opportunity for summer recreation for our community members.
Upon call for the question, motion carried 7 votes affirmative.
APPROVE NAMING OF GREENWAY PARK FACILITY –
KANNOWSKI PARK
The staff report from the Engineering Department relating to naming the Greenway Park Facility that will include a restroom, playground equipment, and access to the greenway trail at Woodland Avenue and South 4th Street and recommending the name to be Kannowski Park.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
TABLE ACTION ON FINAL PLAT OF REPLAT OF VILLAGE
RESUBDIVISION NO. 4 UNTIL FEBRUARY 7, 2005
The staff report from Planning and Zoning Commission relating to the request from Advanced Engineering on behalf of Turning Point, LLC for final approval of a replat of Village Resubdivision No. 4, being a replat of Lots 3-11, and Lots 15 and 16, Block B or 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 20, Block B of the replat of Block 2, Village Resubdivision No. 2 (located west of N. 42nd Street 5th Avenue North and University Avenue), with recommendation to table the request until February 7, 2005.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
DENY PRELIMINARY APPROVAL OF ORDINANCE TO AMEND
ZONING MAP TO EXCLUDE FROM R-2 (ONE AND TWO FAMILY
RESIDENCE) DISTRICT AND TO INCLUDE WITHIN R-1 (SINGLE
FAMILY RESIDENCE) DISTRICT LOTS 21 TO 40, BLOCK 2, BLOCK
3, AND BLOCK 4, KELSEY'S 3RD ADDN.; BLOCKS 1 THROUGH 18,
EXCLUDING LOTS 6 TO 11, BLOCK 12, AND LOTS C AND D OF A
REPLAT OF LOT 14 AND LOTS 23 TO 29, BLOCK 17, SWANGLER
SUBDIVISION; LOTS 1 TO 9, UNIVERSITY PARK PLACE ADDN.;
LOTS 13 TO 24, BLOCK 17, WESTACOTT’S SUBDIVISION; AND
BLOCKS 1 AND 2, WESTWOOD SUBDIVISION.
The staff report from the Planning & Zoning Commission relating to a request for preliminary approval of ordinance to amend the zoning map to exclude from R-2 (One and Two Family Residence) District and to include within the R-1 (Single Family Residence) District Lots 21 to 40, Block 2, Block 3, and Block 4, Kelsey’s 3rd Addn.; Blocks 1 through 18, excluding Lots 6 to 11, Block 12, and Lots C and D of a Replat of Lot 14 and Lots 23 to 29, Block 17, Swangler Subdivision; Lots 1 to 9, University Park Place Addn.; Lots 13 to 24, Block 17, Westacott’s Subdivision; and Blocks 1 and 2, Westwood Subdivision, with recommendation that city council deny preliminary approval of the rezoning ordinance and approve committee recommendations.
Council Member Kerian moved, Council Member Brooks seconded, to deny preliminary approval of the rezoning ordinance and to accept the committee report for further action and that the Mayor appoint a steering committee to continue study of concerns addressed in the report.
Council Member Kerian stated that the final report has been distributed, however the ordinances and budget dollars have not been set aside at this point and there are still some committee recommendations that need further time and work before they will be fully established. Council Member Christensen stated that he supports the move to deny the request for rezoning and is in favor of the appointment of a steering committee that can bring back specific action items to Council which will resolve the concerns in the neighborhood.
Upon call for the question, carried 7 votes affirmative.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON REPLAT OF LOT 1, BLOCK 2, SOUTH-
BROOK FIRST ADDITION
The staff report from the Planning & Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Developments, Inc. for preliminary approval of the Replat of Lot 1, Block, 2, Southbrook First Addn. (loc. south of 48th Ave. S. and between Curran Court), subject to conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan, with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan and set a public hearing date for February 22, 2005.
It was moved by Council Member Kreun and seconded by Council Member Brooks, that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kreun introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include public rights of way shown as dedicated on the Replat of Lot 1, Block 2, Southbrook First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SOUTHERN ESTATES
FOURTH ADDITION .
The staff report from the Planning & Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for preliminary approval of the plat of Southern Estates Fourth Addn. (located. west of South 20th Street and north of 44th Avenue South), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan and set a public hearing date of February 22, 2005.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kreun introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Southern Estates Fourth Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE BILL LISTING AND ESTIMATE SUMMARIES
Vendor Payment No. 05-02, dated January 14, 2005, and totaling $380,354.02 were presented and read.
It was moved by Council Member Brooks and seconded by Council Member Kerian that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the bills ordered paid.
APPROVE MINUTES DECEMBER 20, 2004 AND JANUARY 3, 2005.
Typewritten copies of the minutes of the city council meeting held on Monday, December 20, 2004, and Monday, January 3, 2005, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that the minutes be approved. Carried 7 votes affirmative.
ADMINISTRATIVE COORDINATOR COMMENTS
1) Mr. Duquette informed the council that the mayor has appointed a steering committee to continue study on the issues in Ward 2 near the University and that Council Members Kerian, Kreun, and Hamerlik have been appointed to serve on such committee.
2) Mr. Duquette stated that he wanted to make the council aware that he has been involved in some discussions with Craig Mattson, City Administrator of East Grand Forks, regarding the potential for sharing some services between the communities. He continued that over the next few months discussions will continue on potentials for sharing services in the areas of: Public Safety Answering Point, Sewer, Water Utility, and Public Safety areas. He stated that as discussions take place more information will be brought to both councils.
MAYOR AND COUNCIL COMMENTS
1) Council Member Kreun commented that he has found serving on the committee to review zoning concerns in Ward 2 very interesting and rewarding to him and that he looks forward to continuing to work on resolving neighborhood concerns in this area.
2) Council Member Brooks commented that the committee working on the salvage yard issues is planning to meet the first week in February.
ADJOURN
It was moved by Council Member Brooks and seconded by Council Member Christensen that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
____________________________________
Michael R. Brown, Mayor