Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 15, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 15, 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, 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 Cats Incredible was tremendous success with Friends of the Greenway raising more than $2,030 by selling chili samples at the 6th Annual Chili Cook-off and that our team was victorious over East Grand Forks' team and took first place in showmanship. Jerry Neies, president of the Friends of the Greenway, he stated weekend was fun time and lots of people, and also was the Cats Incredible Fishing Tournament and wanted to say thank you for another great weekend on the greenway, and thanked people who had teams, judges, volunteers and people who came and sampled the chili, and also thanked major sponsors. Thanks to the Friends of the Greenway and supporters of the Greenway for another awesome event.
That the Grand Forks County Correctional Center will be celebrating their ground-breaking ceremony on August 16 at 2:00 p.m. at the Grand Forks Fairgrounds, President Gershman will be speaking during the ground-breaking ceremony.
Congratulations to Cirrus as they welcome the public to their ground-breaking ceremony on August 16 at 10:30 a.m., officials from Cirrus, Grand Forks Economic Development Corporation, City Council President Gershman and Governor Hoeven will be guest speakers for this event.
Welcome back to UND and starting Thursday of this week students will be moving into campus as they prepare to start classes on August 23 and on Friday city council members will be on campus to welcome students and parents to our city.
A successful weekend event was held at the Alerus Center with four rock bands (Rat, Cinderella, Quiet Riot and Firehouse).
HOLD PUBLIC HEARING AND APPROVE APPLICATION
BY CIRRUS DESIGN CORPORATION/DAKOTA AIRCRAFT,
INC. FOR FIVE-YEAR PROPERTY TAX EXEMPTION
The acting city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given to the public that the city council would meet this evening to consider the application of Cirrus Design Corporation/Dakota Aircraft, Inc., 1400 South 48th Street, for a five-year declining property tax exemption of the property taxes to the Cirrus Design expansion consisting of a 90,000 square foot addition to be located on Lot 6, Block 1, Maiers Third Addition to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, and further that no protests or grievances had been filed with her office.
Mayor Brown opened the public hearing and asked anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.
It was moved by Council Member Christensen and seconded by Council Member Gershman that the City of Grand Forks grant the request for an abatement of the real property taxes to be levied and assessed against the Cirrus Design Corporation/Dakota Aircraft, Inc. project for a period of five years on a declining exemption on the proposed addition; 100% for the first year, 80% for the second year; 60% for the third year, 40% for the fourth year and 20% for the fifth year.
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.
ADOPT ORDINANCE NO. 4080, AMENDING ZONING MAP
TO INCLUDE WITHIN PERKINS THIRD PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 4, ALL OF PERKINS
THIRD, FOURTH AND FITH ADDITIONS, AND ALL OF PERKINS
6TH THROUGH 12TH RESUBDIVISIONS
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Perkins Third, Fourth and Fifth Additions, and all of Perkins 6th through1 12th Resubdivisions to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 20, 2005 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
The staff report from the Planning and Zoning Commission relating to the request from HHD, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Perkins 3rd, 4th and 5th Additions, and all of Perkins 6th through12th Resubdivisions to the city of Grand Forks, ND (located in the NE Quarter of Section 20, T151N, R50W of the 5th Principal Meridian, with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.
Mayor Brown opened the public hearing.
Dennis Potter, city planner, reported that the original concept development plan was for B-3 commercial uses which would front on 36th Avenue South and south on Columbia, R-4 type uses were on the north side of 36th Avenue South, R-1 starting on 36th Avenue South coming east and dropping south along Reummele Road and going back to the east on 40th Avenue South, B-1 would give the developer the flexibility of doing either B-1 commercial or R-4 residential (lightest of our commercial zones with heaviest of our residential zones). He stated in 1999 there was a revision to the zoning, a revision in 2003, in 2004 and pending request is a request to change area to R-2 rather than R-1.
Dan Stauss, Hampton Corporation, reported this is area under development, 7 townhomes going up, showing area and construction, and also noted area where residential houses are located.
Council Member Kreun stated that Mr. Stauss is indicating that when those lots were sold, the rest of it was zoned B-1 and when they purchased the lots they weren't under the understanding that it was going to be R-1; Mr. Stauss stated it was a platted piece of ground but was zoned B-1 and at that time hoping with single family development that they would be able to market the lots but what happened was the development of South 34th Street, further development of 36th Avenue and infrastructure that went in, an exorbitant amount of special assessments to these lots whereas not special assessments on every lot are at $3,000 to $3200 per year and made it cost prohibitive of somebody wanting to develop that with residential housing. Mr. Kreun also stated with people thinking they are coming into a residential area is still residential and basically single family home with a zero lot line, not changing that area into an apartment-type area and not high density but going from 6 lots to 5 building with 10 units, and still single family in each particular unit and not rental unit and haven't change configuration to any great deal, and asked if those lots could be divided into smaller lots. Mr. Stauss stated each lot in the city can be 7500 sq.ft. and based upon that that cul-de-sac could be divided into 13 individual lots rather than current 10, and that it is in their best interest not to do a bad job on this development, have too big an investment, and not going to build something that is not going to be attractive. He also stated it is their belief that they were going single family, replatting it into smaller lots, smaller houses, more density on the single family side, and by combining the units together, have more green surface on the adjacent sides of each residence and made more sense, that he stated at Planning and Zoning that there are only three ways this can go, one is to sit there and try to sell it which has been done for 6 or 7 years and paid out a lot of special assessments, taxes, etc; or to replat it into smaller lots, and third thing is to do this and these are the alternatives.
Mr. Stauss stated as a single family zone in development you go from commercial to R-4 to some type of R-2 to single family and this is almost identical to the original concept plan submitted back in 1996. He stated that every development they have is done right, can't find better quadrant of buildings in one zone and not out to hurt any single family home, that it has always been their intention of Reummele Road staying residential - single-family and make sense because of the park across the street, and go on record with that as they have no problem with that, that they have 3 sets of house prints to start houses on Reummele Road but can't get all the work done that they are trying to get done.
Mr. Stauss stated the cul-de-sac can be replatted into 13 lots, 10 on new proposal, and they are less than what it can be, that relative to the platting for the last 5 years, the original concept plan compared to what it is today, very close and that they didn't ask for certain things to happen, didn't ask for 36th to become a collector street, Target, they had to move accordingly.
There was discussion relating to number of changes in the platting and zoning of this area, and special assessments for the area. The asking price for lots fronting 36th Avenue South is $32,000, specials $3200 annually from 12 to 20 years, plus City tacked another $24,000 on these lots in specials for infrastructure. It was noted that Mr. Stauss has suggested that he is not going to rezone the rest of the lots on Ruemmele Road, and hold him to his word.
Mr. Stauss stated regarding special assessments - that there are front benefits, end benefits and flood costs and that after the flood massive storm sewer line put in as well as other assessments, routed and came back and re-assessed end benefits , and that not only happened with that but with the sanitary sewer line, which was going from 32nd to 24th Ave. on S. 34th street, those main lines were so expensive and when did the cul-de-sac they put in the infrastructure, paid for it 100%, storm sewer, sanitary, pavement and when City came through end benefits, $900/year on those lots, vary, and was an accumulation of things. He stated he has signature by Mary and Cleve Jernigan, 3650 Poplar Circle, that they do not object to this project nor do Brad and Amy Carroll - homeowners.
Greg Dufault, 3781 Ruemmele Road, stated their issues are not with townhouses whether they are townhouses with single family homes so much but with where the development is going and what they bought into and when they purchased their lot, stating that it would be single family and did not object about the construction of apartments to the north nor about the townhome development or cul-de-sacs but what has been happening is that continual erosion of the number of single family lots and are very concerned that at some point down the road end up with little tiny grouping of 10 lots that are single-family homes and that is not what they bought into - he noted that he received from the finance office special assessments and don't disagree with what Mr. Stauss saying about special assessments, they are significant. Mr. Grasser had mentioned at Planning and Zoning that special assessments because of the way the area is developed, most of the assessments they should see have been applied and special assessments were front-loaded.
Mr. Dufault stated they have concerns that it is not going to stop here, and if can't count on the plat map and this is what they based their decision to buy a home on and where stop and what confidence can they have. He stated they don't have issues with concept of twin homes, townhomes and realize specials are an issue on that cul-de-sac but comes down to what point can the 4 developed lots have, need to protect their investment (a combined investment of $1 million). He also stated their preference would for it to remain single family homes and for homes of similar size and finish to what they have and what has been constructed in the development - that the history of the development suggested that there has been a lot of changes and that has resulted in a lot of changes in the character of the development and if the council feels it is important that Mr. Stauss be granted this change, then they as adjoining property owners would be looking for some assurance that this is where it is going to stop and that the remaining single family lots in the development are going to remain single family and best efforts will be made to develop them as such
Council Member Christensen stated that granting your request and if we go with that, then question would be how long do we allow the experiment to continue, that granting the request to x, when does it change - that if okay with the townhouse then have to figure out what we do on the green stuff, Reummele Road, two cul-de-sacs. He stated it is almost impossible to change that cul-de-sac because there are two homes built there (top one).
Council Member Christensen asked if they could put a restriction on any future subdivisions for10 years or forever, so this gentleman knows this is the last time they get a chance to come here for x number of years on this subject. Mr. Swanson stated the answer is no, cannot place a restriction that that property cannot be rezoned for any period of time. He stated that if the developer wants to put a restrictive covenant on property that they own or have an interest in, that's between the property owners and subsequent property owners, the City can't force that - the City does control whether or not changes will be approved and changes in a zoning map require a higher than majority approval, in this case requires a minimum of 5 votes to approve a change in the zoning map tonight.
Council Member Gershman asked Mr. Stauss if he would be willing to put any covenants on the rest of that land or go on record that he will not do any changes. Mr. Stauss stated he has indicated before on Poplar Circle and Reummele Road that nothing is going to change and will stand by that; but at the same time to make this clear, relative to the development they are proposing they can replat that and change that, and it will change dramatically over and above what it is right now; that based upon what they are talking about, nothing will happen to the lots on Poplar and Reummele Road, will stay the way they are and will be developed the way they are - single family and will go on record. Mr. Dufault stated that helps them. Mr. Stauss stated relative to this cul-de-sac (Cedar Circle), he does not own one lot but relative to this cul-de-sac being developed, he is concerned about Reummele Road and Poplar Circle - that he can't tell you what is going to happen to Cedar Circle, can't make promises on things he doesn't control. Mr. Dufault stated they knew about Times Square and Shady Lane Townhomes when they purchased their land, and do understand changes do need to happen occasionally, and issue is what can they do to try to keep what is left of the character of the development. He stated their issues are not with what is there, it is what might be there in the future.
Council Member Gershman asked if they would be comfortable with what Mr. Stauss said about Reummele Road and Poplar Circle and is on the record with that, but that he can't speak for Cedar Circle and if he would be comfortable with that as a compromise so can move forward.
Mr. Swanson stated that the City is not a party to the covenant. Mr. Dufault stated the biggest concern would be the area around Cedar Circle and that they would not be able to provide them any protection. Mr. Stauss stated this cul-de-sac is adjacent to a townhome development here, one lot sold and lots are for sale - what if this cul-de-sac was bought by one individual - Mr. Stauss stated that Reummele Road and Poplar Circle are a done deal.
Mr. Dufault stated one issue remains - Cedar Circle, and that if a group of properties were sold and if somebody submitted a request to replat and rezone, their only option would be to go before Planning and Zoning and remind them of the remaining lots he controls on Cedar Circle.
Scott Fletcher, 3697 Poplar Circle, stated that concern is if the developer continues to replat and move into multi-family as there have been five rezoning changes and property worth nothing for them.
Sharon Goddin, 3697 Poplar Circle, stated she has same concerns and problem is that in 2 years it has been 5 times and where does it stop, hasn't stopped yet., and concern is that it is not documented and not in writing, one word against another word in the future doesn't always hold.
Mr. Grasser stated a comment was made today about special assessments and needs to make sure that the discussion at Planning and Zoning is context, the discussion at Planning and Zoning was relative to these two cul-de-sacs as to why one may be higher than another, and the statement was made that one has most of the existing specials assigned against it as opposed to others that may have more coming, and wants to make sure that nobody extrapolates that comment down to areas beyond that because there are other special assessments coming in other areas - wanted to clarify that.
Mr. Stauss stated that their word is honorable and that the changes they have made 4 or 5 times and thinks maybe once or twice. Mr. Potter stated that 1996 was base document, since then there was a change in 1999 which would be one; a change in 2003 which would be two; change in 2004 which would be three; 2004 gets us from 1996 to 04 and would be 8 years and 3 changes in 8 years, and have one pending in 2005, which if you approve, would make four in 9 years. Property was platted originally as a PUD and because we have a PUD District, this is what we think it is going to be and as it moves on, have the flexibility to come back to Planning and Zoning body and say things have changed and have to change the proposed unit development and have the flexibility to come in and make the changes as circumstances change.
Mr. Swanson stated he wanted it understood that the City is not in a position to give a guarantee to whether these property owners or other property owners is what the future may hold except to the extent that you have pointed out the value the council has adopted for various zoning requests, there is nothing this council can do to bind a future council or to preclude this property owner or any future property owner from coming forward and asking for a change in zoning.
Mr. Dufault stated it doesn't sound like what they had hoped for was that nothing would change and it doesn't appear that is practical beyond negotiated covenants with the developer and other landowners, and whatever language they can put into the record stating that it is the council's recommendation that all remaining lots in the development remain single-family and that is what they can accept at this point.
Mayor Brown closed the public hearing.
Council Member Kerian moved to recommend approval of the ordinance and to include the language that we recommend that no other rezoning occur along Reummele Road, on Cedar Circle and on Poplar Circle by a future council. Council Member Christensen seconded the motion.
Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": Council Member Glassheim - 1. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4081, AMENDING ZONING MAP
TO INCLUDE WITHIN THE R-4 (MULTIPLE FAMILY
RESIDENCE, HIGH DENSITY) DISTRICT LOT B, BLOCK 1 OF
REPLAT OF LOT 27, BLOCK 1, BOYD'S SECOND 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 B-3 (General Business) District and to include within the R-4 (Multiple-Family Residence, High Density) District, Lot B, Block 1 of the Replat of Lot 27, Block 1, Boyd's Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 18, 2005 and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The acting 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 her office.
Mayor Brown opened the public hearing. There were no comments and the public hearing was closed.
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. 4082, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF REAL
PRESENCE RADIO 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 Real Presence Radio Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 18, 2005 and upon which public hearing was schedule for this evening, was presented and read for consideration on second reading and final passage.
The acting city auditor reported that the required legal notice had between published calling for a public hearing this evening, and further that to date she had received no written protests on this matter.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
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.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN BLOCK 2, PERKINS FOURTH ADDITION
The acting city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a 20-foot wide utility easement being 120 feet on each side of the line common to Lots J and K, Block 2, Perkins Fourth 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.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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. - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that the 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.
CONTINUE ORDINANCE RELATING TO AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF SOUTHERN
ESTATES FIFTH ADDITION TO SEPTEMBER 6, 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 Southern Estates Fifth Addition, Grand Forks, North Dakota", which had been introduced and passed on first reading on May 16, 2005 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
It was moved by Council Member Christensen and seconded by Council Member Gershman to continue the public hearing and second reading of the ordinance until September 6, 2005. Carried 7 votes affirmative.
SUSPEND AGENDA AND CONSIDER APPLICATION FOR
MOVING PERMIT TO MOVE DWELLING FROM 1714
12TH AVENUE NORTH TO 1734 12TH AVENUE NORTH
It was moved by Council Member Gershman and seconded by Council Member Kerian to suspend the agenda and move the item - application for moving permit to move dwelling from 1714 12th Avenue North to 1734 12th Avenue North from Action Items to Public Hearing. Carried 7 votes affirmative
The acting city auditor reported that the notice of public hearing on the application by Acme Electric to move a building from 1714 12th Avenue North to 1734 12th Avenue North to be used as a dwelling had been published and posted as required.
Mayor Brown opened the public hearing.
Dale Bergman, 1810 12th Avenue North, stated concern that they didn't know this was going to be a duplex and a rental property, that it was an empty lot and in the winter lot was used for dumping snow and equipment on the lot, snow melted in spring causing water problem for one of the neighbors, junk left on the lot after the snow melted, and wanted to have those things straightened out and if there is going to be off-street parking in that area.
Bev Collings, Inspections, stated she has discussed this with several of the neighbors and they are concerned about the duplex issue, it is a significantly sized lot and have had issues with the snow, that they wouldn't use the remainder of the lot for a snow dump and appropriate for a duplex and there will be appropriate off-street parking. She stated with a house on the lot they would have more enforcement, and they will be required to put in off-street parking, esp. as a rental property.
The staff report from the Inspections Division to hold public hearing for moving permit application to move a dwelling from 1714 12th Avenue north to 1734 12th Avenue north, with recommendation to approve the moving permit to move the dwelling.
It was moved by Council Member Kerian and seconded by Council Member Gershman to approve the recommendation and that Acme Electric is authorized to move the building subject o meeting any conditions established. Carried 7 votes affirmative.
APPROVE PLEDGED COLLATERAL REPORT
The staff report from the finance department relating to approval of pledged collateral report, with recommendation to approve the pledged security report.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
REFER CHANGES TO LICENSE AND PERMIT FEES TO
FINANCE COMMITTEE
The staff report from the finance department relating to various code changes to amend license and permit fees, with recommendation to introduce various ordinance amendments to change some license and permit fees effective starting calendar year 2006.
It was moved by Council Member Christensen and seconded by Council Member Gershman to refer this matter to the finance/development committee for further consideration. Carried 7 votes affirmative.
TABLE APPOINTMENT TO AIRPORT AUTHORITY
BOARD
The staff report from the mayor's office relating to appointment to the Grand Forks Regional Airport Authority Board, with recommendation to approve reappointment of Richard Becker as a representative for the city of Grand Forks on the Airport Authority Board for a five (5) year term.
It was moved by Council Member Brooks to table this matter until the next council meeting, September 6, 2005. Council Member Christensen seconded the motion; Carried 7 votes affirmative.
APPROVE COST PARTICIPATION, CONSTRUCTION AND
MAINTENANCE AGREEMENT FOR PROJECT NO. 5764,
COLUMBIA ROAD AND 24TH AVENUE SOUTH INTERSECTION
RECONSTRUCTION
The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 5674, Columbia Road and 24th Avenue South Intersection Re-construction, with recommendation to approve execution of the agreement with the North Dakota Department of Transportation, contingent on final staff and city attorney review. (Engineer's estimate for the project is $1,176,450 or 80.93% of the total project, and $224,350 or 19.07% local share)
It was moved by Council Member Brooks and seconded by Council Member Christensen 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 UTILITY RELOCATION AGREEMENT FOR
PROJECT NO. 5674
The staff report from the engineering department relating to Utility Relocation Agreement for Project No. 5674, Columbia Road and 24th Avenue South Intersection Reconstruction, with recommendation to approve agreement with Minnkota Power Cooperative, Inc. in the amount of $40,659.00, contingent on final staff and legal review.
It was moved by Council Member Brooks and seconded by Council Member Christensen 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 EXECUTION OF COST PARTICIPATION AND
MAINTENANCE AGREEMENT FOR PROJECT NO. 5702
The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 5702, paving 40th Avenue South from South 20th street to Reummele Road), with recommendation to approve execution of the Agreement with the North Dakota Department of Transportation, contingent on approval of the Project Concept Report and final review by the city attorney. (Total project est. at $2,076,000, with federal funding at 80.93% of eligible costs up to a max of $1,600,000 and remainder funded by a combination of special assessment and Highway Users. - $1,433,000 would be federal participation and $643,000 would be City funded).
It was moved by Council Member Brooks and seconded by Council Member Christensen 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 CONTRACT FOR PROJECT NO. 5769, LANDFILL
CLOSURE, PHASE V, AND PROJECT NO. 5783, LANDFILL
COMPOST SITE CONSTRUCTION
The staff report from the engineering department relating to consideration of bids for Project No. 5769, Phase V, Landfill Closure and project No. 5783, Landfill Compost Site Construction, with recommendation to award contract to low bidder, Robinson Excavating, Inc. in the amounts of $330,031.30 and $151,304.20, respectively, for a total bid of $481,335.50.
It was moved by Council Member Brooks and seconded by Council Member Christensen 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 CONTRACT FOR PROJECT NO. 5789, COMMUNITY
GREENS IRRIGATION SYSTEM
The staff report from the engineering department relating to consideration of bids for Project No. 5789, Community Greens Irrigation System, with recommendation to award of contract to lowest responsive bidder, Opp Construction, in the amount of $59,700.00 and authorize use of Greenway Betterment Funds for the project.
It was moved by Council Member Brooks and seconded by Council Member Christensen 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.
SET PUBLIC HEARING DATE ON SUBSTANDARD
BUILDING AT 204 FENTON AVENUE
The staff report from the Inspections Division relating to substandard dwelling at 204 Fenton Avenue, with recommendation to find the dwelling to be substandard and require the owner to bring the property into compliance by demolishing the structure.
It was moved by Council Member Christensen and seconded by Council Member Kerian to set a public hearing on consideration of the recommendation for September 6, 2005 at 7:00 p.m. Carried 7 votes affirmative.
SET PUBLIC HEARING DATE ON SUBSTANDARD
BUILDING AT 712 7TH AVENUE SOUTH
The staff report from the Inspections Division relating to substandard dwelling at 712 7th Avenue South, with recommendation to find the dwelling to be substandard and require the owner to bring property into compliance by demolishing the structure.
It was moved by Council Member Christensen and seconded by Council Member Kerian to set a public hearing on consideration of the recommendation for September 6, 2005 at 7:00 p.m. Carried 7 votes affirmative.
SET PUBLIC HEARING DATE ON SUBSTANDARD
BUILDING AT 1105 NORTH 5TH STREET
The staff report from the Inspections Division relating to substandard dwelling at 1105 North 5th Street, with recommendation to find the dwelling to be substandard and require the owner to bring property into compliance by demolishing the structure.
It was moved by Council Member Christensen and seconded by Council Member Kerian to set a public hearing on consideration of the recommendation for September 6, 2005 at 7:00 p.m. Carried 7 votes affirmative.
SET PUBLIC HEARING DATE ON SUBSTANDARD
BUILDING AT 2677 NORTH 42ND STREET
The staff report from the Inspections Division relating to substandard dwelling at 2677 North 42nd Street, with recommendation to find the dwelling to be substandard and require the owner to bring property into compliance by demolishing the structure.
It was moved by Council Member Christensen and seconded by Council Member Kerian to set a public hearing on consideration of the recommendation for September 6, 2005 at 7:00 p.m. Carried 7 votes affirmative.
INTRODUCE ORDINANCE RELATING TO SANITATION
AND WASTEWATER USER CHARGES, RATES AND
FEES
The staff report from the director of public works relating to FY2006 sanitation and wastewater enterprise funds rate changes, with recommendation to approve the FY 2006 utility rates and fees effective on the
utility bill issued in February 2006 as per ordinance.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance amending sections of the grand Forks City Code relating to sanitation and wastewater user charges, rates and fees", which was presented, read and passed on its first reading.
APPROVE BUDGET AMENDMENT, SANITATION
DEPARTMENT
The staff report from the director of public works relating to sanitation department budget amendment, with recommendation to approve budget amendment in the amount of $127,500.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CONTRACT FOR PROJECT NO. 5691, WWTP
BIOSOLIDS MANAGEMENT AND CAPITAL IMPROVEMENTS
The staff report from the director of public works relating to consideration of bids for Project No. 5691, Wastewater Treatment Plant Biosolids Management and Capital Improvements Project, with recommendation to award contract to the lowest responsive bidders, Industrial Contract Services, Inc. for the General Contract in the amount of $2,686,072.00; Lunseth Plumbing and Heating Company for the Mechanical Contract in the amount of 4487,880.00 and Sun Electric, Inc. for the Electrical Contract in the amount of $256,000.00.
It was moved by Council Member Brooks and seconded by Council Member Christensen 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 FINAL PLAT OF REPLAT OF LOTS IN
BLOCK 1, NORTH PINES ADDITION
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd on behalf of LPF Properties for final approval of the replat of Lots 1 - 8, and Lots 13 - 20, Block 1, North Pines Addition to the city of Grand Forks, ND (located at 4718 through 4778 Pines Circle); with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS IN
BLOCK 16, SUNBEAM ADDITION
The staff report from the Planning and Zoning Commission relating to the request from Branden Bartholomew on behalf of the City of Grand Forks, ND, Robert Panther, and Jay Potulny for final approval (fast track) of the Replat of Lots 4, 5, 6, 13, 14, 15 and 16, Block 16, Sunbeam Addition to the city of Grand Forks, ND (loc. at Gentle Hills Circle and Rolling Hills Circle), with recommendation to give final approval, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF BLOCK 8,
RENEWAL RESUBDIVISION NO. 2
The staff report from Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Alerus Financial for final approval (fast track) of the Replat of Block 8, Renewal Resubdivision No. 2 to the city of Grand Forks, ND (loc. at 516 DeMers Avenue), with recommendation to give final approval subject to the conditions shown on or attached to the review copy.
Mr. Potter asked that they approve the fast track with a new document as opposed to the one in the packet.
Council Member Gershman stated that as he is a member of the Board of Alerus and asked that he be recused from voting on this issue. It was so moved by Council Members Kreun and Hamerlik. Carried 6 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved with the new document of the proposed area. Carried 6 votes affirmative; Council Member Gershman recused.
ACCEPT PETITION FOR VACATION OF R/W AND
UTILITY EASEMENT LYING ADJACENT TO LOTS IN
BLOCK 1 AND 2, COLUMBIA PARK 22ND ADDITION
The staff report from the Planning and Zoning Commission relating to the request from Arthur Greenberg, Jr. and Tom and Olivia Martinez for approval of a petition to vacate a right of way and utility easement lying adjacent to Lots B and C, Block 1 and Lots 1, Block 2, Columbia Park 22nd Addition to the city of Grand Forks, ND (located between 3450 and 3501 South 42nd Street), with recommendation for approval of a petition to vacate and to set a public hearing as required by law.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published with a hearing date of October 3, 2005. Carried 7 votes affirmative.
APPROVE PETITION FOR VACATION OF ROADWAY
AND UTILITY EASEMENT IN LOTS 4 AND 5, BLOCK 1,
KANNOWKSI'S FIRST ADDITION