Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 20, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 20, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown commented on various events during the past week and upcoming events:
The BRAC rally hearing is on Thursday morning at 7:45 a.m. at the Chester Fritz Auditorium, that they have heard from groups outside Grand Forks and East Grand Forks who are going to be represented, that we need to make sure that our voices are heard in support of our Air Force Base, and that he is pleased of the work of all departments and individuals contributing to make this a success and make an impact. There are many thanks that need to go out to people who have stepped up to make the impossible things happen.
Congratulations and thank you to the Grand Cities Soccer Tournament organizers for another successful event this year.
Congratulations to the crew at the Grand Forks Cirrus plant, on Friday they celebrated the completion of plane 2000 and they are already talking plane 3000.
Mosquito spraying - they will be spraying tonight, that there have been about 9.5 inches of rain this past 45 days when expect 10.5 for the whole summer.
PRESENTATION OF WINNERS OF POWER AGAINST
SECOND-HAND SMOKE PROGRAM
Danielle Rowekamp. of the Health Department made presentation of awards to winners of Second Hand Smoke Program, this program teaches students of dangers of second hand smoke and that youth participated in a poster contest with winning posters becoming billboards that will go up locally: Cody Gerszewski, South Middle School; Kaitlin Medal, Valley Middle School.
ADOPT ORDINANCE NO. 4061, ANNEXING ALL OF
PROPOSED SOUTHERN ESTATES FIFTH ADDITION AND
STRIP OF LAND WEST THEREOF
An ordinance entitled "An ordinance to annex the south 990.83 feet of the north 1108.83 feet of the west 750 feet of the east 1310.0 feet of the Northeast Quarter of the Southwest Quarter of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, except land previously annexed to the city of Grand Forks, ND, or all of the proposed Southern Estates Fifth Addition and a 140 foot strip of land west thereof. Said tract of land containing 743,258 square feet or 17.06 acres more or less", which had been introduced and passed on its first reading on May 16, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published 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.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
TABLE FINAL PLAT, PUBLIC HEARING AND SECOND
READING OF ORDINANCE RELATING TO AMENDING OF
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF REAL PRESENCE
RADIO ADDITION TO JULY 18, 2005
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 Real Presence Radio Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing and second reading of the ordinance had been continued until this evening, was presented and read for consideration.
Mayor Brown opened the public hearing on the proposed ordinance, however, it was noted that the staff report from Planning and Zoning was recommending this matter be tabled again.
The staff report from the Planning and Zoning Commission relating to the matter of request from Advanced Engineering, Inc. on behalf of Lois Maier for final approval of the plat of Real Presence Radio Addition to the city of Grand Forks, ND and located at DeMers Avenue and South 69th Street, including a variance from Section 18-0907 (2)(L) 2 of the Land Development Code relating to access onto minor arterials, with recommendation to table final approval of the plat, subject to conditions shown on or attached to the review copy, including tabling of the final approval of an ordinance amending the Street and Highway Plan until July 18, 2005.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved and the matter tabled until July 18, 2005. Carried 7 votes affirmative.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4062,
AMENDING THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COTTAGE HOMES ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Cottage Homes Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005 and upon which public hearing had been continued until this evening was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Steve Swanson, Advanced Engineering on behalf of Cottage Homesteads of America, Inc. for final approval of the plat of Cottage Homes Resubdivision to the City of Grand Forks, ND (located west of South Washington Street between 40th and 44th Avenues South), with recommendation to give final approval of the plat subject to conditions shown on or attached to the review copy, including final approval of an ordinance amending the Street and Highway Plan on June 20, 2005.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4063, AMENDING ZONING MAP
TO INCLUDE WITHIN COTTAGE HOMES ADDITION PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF COTTAGE HOMES ADDITION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota,
to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Cottage Homes Addition PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comment and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request by Steve Swanson, Advanced Engineering, on behalf of Cottage Homesteads of America, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Cottage Homes Resubdivision PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Resubdivision (located west of South Washington Street between 40th avenue South and 44th Avenue South), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy, including a restriction prohibiting walkout basements.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this 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.
TABLE MATTER OF FINAL PLAT AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF GREAT NORTHERN ADDITION FOR SIX WEEKS
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 Great Northern Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 16, 2005, and upon which public heading 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 for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND and Associated Potato Growers for final approval of the replat of Lots 1 through 16, Block 4, Lot C, Block 2, and Lot C, Block 3 of the Great Northern First Addition to the city of Grand Forks, North Dakota (located at Alpha Avenue and North 6th Street), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved.
Council Member Christensen stated he believed that this item should be tabled until they get the report about the effectiveness of our affordable housing project. Council Member Kreun stated they can table this item as well as the next item on the agenda as both items go together, that they compiled some information from the engineering department, assessing department and urban development and that information is now ready and would like to put a meeting together with two committee chairs and possibly Mr. Gershman and then bring it back on the committee of the whole.
Council Member Christensen moved to table this matter for a period of six weeks until they have the report prepared and back to council; Council Member Gershman seconded the motion. Carried 7 votes affirmative.
TABLE FINAL PLAT AND ORDINANCE TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF SOUTHERN ESTATES
FIFTH ADDITION FOR 6 WEEKS
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 Fifth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 16, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading.
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 for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Fifth Addition to the city of Grand Forks, ND (located west of South 20th Street between the Southend Drainway and 43rd Avenue south) also to include approval of the plat as a designated affordable housing district, with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Christensen to table this matter for a period of six weeks until they have the report prepared and back to council. Carried 7 votes affirmative.
RECONSIDER MATTER OF TABLING FINAL PLAT AND SECOND
READING OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF GREAT NORTHERN ADDITION AND APPROVE FINAL
PLAT AND ADOPT ORDINANCE NO. 4064 AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF GREAT NORTHERN ADDITION
It was moved by Council Member Hamerlik and seconded by Council Member Christensen to reconsider the action of the city council relating to tabling approval of final plat and second reading of an ordinance to amend the Street and Highway Plan of the city of Grand Forks to include the public rights of way shown as dedicated on the plat of Great Northern Addition for a period of 6 weeks. Carried 7 votes affirmative.
The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND and Associated Potato Growers for final approval of the replat of Lots 1 through 16, Block 4, Lot C, Block 2, and Lot C, Block 3 of the Great Northern First Addition to the city of Grand Forks, North Dakota (located at Alpha Avenue and North 6th Street), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance to amend the Street and Highway Plan to include the public rights of way shown as dedicated on the plat of Great Northern Addition, and upon roll call, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 4065, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTHERN ESTATES PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 5, ALL OF COLUMBIA PARK 24TH AND
26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISION,
ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD, FOURTH,
AND FIFTH ADDITIONS, INCLUDING UNPLATTED PORTION
OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 151 NORTH,
RANGE 50 WEST OF THE 5TH P.M.
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, third, Fourth, and Fifth Additions to the city of Grand Forks, North Dakota and also including unplatted portion of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on May 16, 2005, 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 opened the public hearing; there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment no. 5, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third, Fourth and Fifth Additions to the city of Grand Forks, ND and also to include unplatted portions of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of Columbia Road between 36th Avenue South and 47th Avenue South), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4066
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
AUDITOR'S SUBDIVISION NO. 39
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 Auditor's Subdivision No. 39, Grand Forks, North Dakota", which was introduced and passed on its first reading on May 16, 200, 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 opened the public hearing; there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks, ND on behalf of Residual Materials, Inc., Landmark Investments, LLC, and Minnkota Power Cooperative for final approval of the plat of Auditor's Subdivision No. 39 to the city of Grand Forks, ND (located at Red Dot Place), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 4067, RELATING TO SMOKING
IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
An ordinance entitled "An ordinance enacting Article 11 of Chapter 13 of the Grand Forks City Code relating to smoking in public places and places of employment", which had been introduced and passed on its first reading on June 6, 2005, and was presented and read for consideration on second reading and final passage.
The following individuals addressed the city council:
Robert Reis, 1725 28th Avenue South, UND student, stated support for the smoking ban, and presented short video.
Dave Molmen, 398 Woodland Circle, chief operating officer of Altru Health System, stated support of the ordinance.
Council Member Kerian moved approval of the ordinance and to make an amendment to the ordinance that bars will no longer be exempt in one year, August 1, 2006. Council Member Glassheim seconded the motion.
Council Member Hamerlik stated we have a motion on the floor in the first reading of the ordinance and shouldn't we have the amendment first. Mr. Swanson stated it maybe easiest to deal with the amendment first, and that he intends to discuss a memo that he had distributed to the council earlier which may lead to some additional amendments. Council Member Kerian then moved that only as an amendment to the ordinance, Council Member Glassheim seconded the motion. Mr. Swanson stated that as he understands the motion it is a motion to amend by providing a sunset for bars effective August 1, 2006.
Council Member Glassheim stated he hoped the council would support this motion, this is exactly the way the State Bill came out of the Senate as they were going to have a period of adjustment for bars to get used to the fact that we were going to do away with smoking everywhere, and hope not have some exemptions as every time you make exemptions, then start people down the road of more people wanting to get liquor licenses so that they can have smoking, doing different things to come in under the exemption, better off if we get to the point where we say there isn't smoking in public places, but don't make it confusing or community divided against itself, and has heard comments that if we don't allow smoking in bars will lose traffic from Winnipeg, etc. and understands that Winnipeg is totally smoke free but they have accepted it and adapted to it and that this is a reasonable compromise to give people time to realize that in bars they are going to go smoke free but give it a year before becoming final.
Council Member Gershman stated that we do have a process in place now where we are meeting with East Grand Forks trying to come to a consensus between the two communities to prohibit smoking and to put a time limit on it right now is against the spirit of cooperation and would like to have that take its course and wanted to put that on the record.
Upon roll call vote the following voted "aye": Council Member Glassheim, Kerian - 2; voting "nay": Council Members Brooks, Hamerlik, Gershman, Christensen, Kreun - 5. Mayor Brown declared the motion failed.
It was moved by Council Member Christensen and seconded by Council Member Brooks for approval of the ordinance.
Mr. Swanson reported he distributed by memorandum a draft which incorporated all of the amendments which were made on the floor of your previous city council meetings, and tonight placed on council members desks a slightly different version of the ordinance and reviewed recommended changes, and that the changes tonight are not substantive in nature but structure or clarification:
a) In Section 13-1101, purpose, language that had previously appeared within the text of 13-1103 and moved it to Purpose, with no substantive effect, all of the language regarding the intent or purpose of the ordinance is now under Purpose.
b) Definition of place of employment, public place, has substituted the word "indoor" for enclosed or have added the word "indoor" because of a concern with the state legislation, the State Statute uses the word "enclosed" in three different ways and believes they are inconsistent, and by drawing a distinction between "indoor" and "enclosed" believes clarifies and eliminates any of those three contradictions.
c) Definition of restaurant, has added the floor amendment which provides for outdoor areas and also included in an identification which excludes a bar from a restaurant, have a very limited definition of bar that follows the four different classes and requires essentially only those over age 21 to be admitted into a bar and is drawing a distinction between restaurants and bars, that a restaurant will not be considered a bar for purposes of allowing smoking.
d) The definition "separately enclosed area " as before was identified as enclosed area, other than adding the word separately there is no other change and added separately because that is what appears in the text both of the State Statute when it identifies the truck stop exceptions and have identified it as it applies to the bars which specifically apply to hotels, motels, and bowling centers which already require that they have to have a separately enclosed area, but doesn't believe that has a substantive change but is clearer in the drafting.
e) Definition of shopping mall, the definition of sports arena has substituted the word "indoor" for enclosed.
f) Section 13-1103 which lays out the prohibition, broken those into two sections, first section (1) provides "except as otherwise provided herein, smoking is prohibited in all public places or places of employment, then look at definitions of those two. In subsection (2) this is the area Grand Forks differs from the State Statue, and specifically identify that smoking is prohibited in indoor and outdoor areas of restaurants within 5 ft. of any entrance or exit to a public place or place of employment, and any area designated as non-smoking by the business employer, manager or person in control of public place. This allows anyone to quickly and easily identify the major and substantive distinctions between Grand Forks ordinance and State law.
g) Has renumbered subsection 8 and identified as a separate section as 13-1104, the right to designate non-smoking areas, and that allows the business owner or manager to designate that, and this is a stronger provision and gives greater rights to a business owner or property owner than present State law provides. No substantive changes from that previously provided to you other than re-numbered.
h) Section 13-1105 posting of signs or symbols required, that incorporated the floor amendments from the previous action.
Those are the suggested changes that his office is recommending, and if concur with them, ask that they include those in your motion.
Council Member Christensen moved to amend the ordinance to incorporate all of the changes Mr. Swanson has recommended as the second draft of the ordinance. Council Member Hamerlik seconded the motion. Upon roll call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun, Brooks - 7; voting "nay": none. Mayor Brown declared the amendment approved.
Council Member Kerian moved to put date certain as August 1, 2007, which is what the Senate had originally done to sunset the exemptions at August 1, 2007. Council Member Glassheim seconded the motion.
Council Member Hamerlik and Council Member Brooks moved the question. Upon voice vote the motion carried 5 votes affirmative, Council Members Kerian and Glassheim voted against the motion.
Mayor Brown stated that the motion carried.
Upon call for the question on the amendment to sunset the exemptions as August 1, 2007, and upon roll call vote the following voted "aye": Council Members Glassheim, Kerian, Kreun - 3; voting "nay": Council Members Gershman, Christensen, Brooks, Hamerlik - 4. Mayor Brown declared the motion failed.
Upon call for the question on adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Gershman, Christensen, Kerian, Kreun, Brooks, Hamerlik, Glassheim - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
Council Member Christensen stated as the Coalition and the public considers what we did, would remind everyone that the ordinance just passed is much better than the State law and clearly defines where you can't smoke in this community, we have precluded the right for anybody to smoke in the restaurants, and that we will revisit this issue again in the year 2007 after the Legislature has an opportunity to revisit it and we are proud of having the opportunity to consider all the arguments and develop this ordinance for the citizens of this community.
Council Member Kerian stated that while it is possible we could bring this up again in 2007 and also possible it could come up beforehand, and through this process more people are aware that this is a health issue and there are some choices that people have, so hopes Coalition continues with education and hope all the people who spoke for it continue to speak out so can do it sooner if people choose to take further action.
Council Member Gershman thanked Mr. Swanson for his work and to Council Member Kerian, and these issues can be very divisive and can become personal and that never happened here, and about Coalition members too, discussions were substantive in principal and appreciates that
Mayor Brown noted that the ordinance goes into effect August 1, 2005 in the city of Grand Forks
ADOPT ORDINANCE NO. 4068 RELATING TO SEWER
CONNECTION OR SERVICES FEES FOR NEWLY DEVELOPED
PROPERTY
An ordinance entitled "An ordinance adopting Article 4 of Chapter XV relating to sewer connection or services fees for newly developed properties", which had been introduced and passed on its first reading on June 6, 2005, was presented and read for consideration on second reading and final passage.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question 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.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN BLOCK 1, MAIER'S THIRD ADDITION
The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate all of a 20 ft. wide utility easement being 10 feet on each side of the line common to Lots 3 and 6, Block 1, Maier's Third Addition, 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 opened the public hearing; there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND on behalf of the Grand Forks Growth Fund for approval of a petition to vacate all of a 20-foot wide utility easement being 10 feet on each side of the line common to Lots 3 and 6, Block 1, Maier's Third Addition to the city of Grand Forks, ND (located at 1400 South 48th Street, with recommendation to give final approval to the request.
It was moved by Council member Gershman and seconded by Council Member Kreun to approve the recommendation and that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8725 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING UTILITY EASEMENTS
LYING WITHIN LOTS 2 - 6, BLOCK 1, HUGHES ADDITION
The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate the street, public access and bikeway walkway easements lying within Lots 1 through 6, Block 1, Hughes Addition, (located in 3600 block of Belmont Road), 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 opened the public hearing; there were no comments and the public hearing was closed.
It was moved by Council Member Kerian and seconded by Council Member Brooks that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Kerian introduced the following resolution which was presented and read: Document No. 8726 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Brooks that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION TO VACATE RIGHT OF WAY AND
UTILITY EASEMENTS IN BLOCK 1, DEAN'S 2ND SUBDIVISION
The city auditor reported that pursuant to the instructions by the city council after having received a petition to the street right-of-way, utility easements lying within Lots 1 through 4, Block 1, Dean's 2nd Subdivision (located in 3500 block of Belmont Road), 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 opened the public hearing; there were no comments and the public hearing was closed.
It was moved by Council Member Kerian and seconded by Council Member Gershman that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Kerian introduced the following resolution which was presented and read: Document No. 8727 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Gershman that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING ALLEY LYING ON LANDS
PLATTED AS RIVER OAKS ADDITION AND ONTO LANDS
PLATTED AS ANDERSON'S ADDITION, AND EASEMENTS
IN RIVER OAKS ADDITION
The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate the 20-foot wide alley lying 5 feet onto lands platted as River Oaks Addition and 15 feet onto lands platted as Anderson's Addition, commencing 189.14 feet easterly of the southwest corner of lands platted as Lot 6, River Oaks Addition, then running easterly to the east line of Anderson's Subdivision, and a 30-foot wide bikeway and pedestrian easement along the east side of Lots 6 and 7, River Oaks Addition, adjacent to the Red River, 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 opened the public hearing; there were no comments and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8728 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN LOT 1, BLOCK 1, WESTACOTT'S 4TH SUBDIVISION
The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate the 20-foot wide utility easement in Lot 1, Block 1, Westacott's 4th Subdivision (located at 2215 Gateway 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 opened the public hearing; there were no comments and the public hearing was closed.
It was moved by Council Member Christensen and seconded by Council Member Brooks that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Christensen introduced the following resolution which was presented and read: Document No. 8729 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Brooks that this resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 615, PROJECT NO. 5842; AND AWARD
CONTRACT
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 615, Project No. 5842, construction of pavement on Adams Drive from Belmont Road approximately 710 feet east, had expired on June 13, 2005, 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. 8730 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 615, Project No. 5842, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 7 votes affirmative.
The city auditor presented and read tabulation of bids which had been received and opened on June 6, 2005 for Paving Project No. 5842, District No. 615, indicating that Aggregate Industries-North Central Region, Inc. was the low bidder based upon their bid in the amount of $162,335.50.
The city engineer's estimate of total cost on Paving Project No. 5842, District No. 615, in the amount of
$206,200.00, was presented and read,
The staff report from the engineering department relating to consideration of bids for Project No. 5842, paving Adams Drive, with recommendation to award contract to low bidder, Aggregate Industries, in the amount of $162,335.50. It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8731 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 614, PROJECT NO. 5834; AND AWARD
CONTRACT
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 614, Project No. 5834, construction of pavement on in Countryview Third Resubdivision from Belmont Road east to the east edge of Lot 9, Block 1, had expired on June 13, 2005, 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. 8732 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 614, Project No. 5834, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 7 votes affirmative.
The city auditor presented and read tabulation of bids which had been received and opened on June 6, 2005 for Paving Project No. 5834, District No. 614, indicating that Aggregate Industries-North Central Region, Inc. was the low bidder based upon their bid in the amount of $134,882.71.