Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 21, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 21, 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:
Mayor Brown stated they had the privilege of taking a task force under the direction of Congressman Pomeroy and with the assistance of Council President Gershman, Councilman Kreun, Ken Vein and himself they visited Biloxi, MS over the weekend and the purpose of the visit was to introduce the community of Grand Forks to Biloxi and to channel the efforts between Grand Forks and Biloxi, the various groups - Boy Scouts, churches, fire, police, those who have resources and assets here that we can share the information with them, and also wanted to perform reconnaissance on the devastation of hurricane Katrina in this community, and is something that has to be seen to believe because it was miles and miles of complete devastation; and wanted to convey hope to the community that even though now it may seem hopeless task that there are resources and human spirit will prevail and they can be stronger than ever, won't be the same but stronger, and are here to report on that trip.
Council Member Gershman stated they were quite moved, and that while we had a very, very rough time here the scope of that disaster in that city is absolutely beyond the pale, that they lost every business in that community, some street lights but no traffic, and that he thinks they learned some things from us and wanted to acknowledge the mayor, Council Member Kreun, Congressman Pomeroy and Ken Vein who really represented the city well and very proud to be a part of the team, and recognized Pete Haga who put together a 24-page briefing paper for Biloxi, and any other city that needs it, that is incredibly comprehensive with everything we did, and put together this information with phone numbers and names and contacts here; that it was a privilege to go and he is proud of Grand Forks and its citizens for allowing them to do it.
Councilman Kreun stated that they spent about 6 hours with these recovery team individuals and one of the topics that we put together to spur discussion was housing, the immediate needs of housing which they lost a tremendous amount, and what their long terms were and how we handled those and what could be done in their situation, and the funding mechanism of paying for the housing, and discussed entry level housing district which we have here, Fannie Mae funding, CDBG funding and a lot of things that they know they have to address but gave them a little insight on what we did, whether they use our ideas or not, but they will have the ability to give us a call and ask questions if need be; lot of infrastructure questions but they have different situation, they have wells rather than water treatment plant of type we have, and their infrastructure was up and running much quicker than our was, they had dramatic damage but were able to restore their water and sewer and electricity quicker than what we did. One of the things that we learned is that they have a business interruption clause that they put on their business of the casinos, and they had that insurance for the city and Congressman Pomeroy was insurance commissioner of North Dakota and he wasn't even aware of that and we will take a look at that, that there is always give and take. He stated they are very busy and in the middle of cleanup and recovery process and they gave us about 8 hours of their time and showed enough interest that it was worthwhile for us to go and be a part of their recovery team. He stated he hopes they call us and if not, invite them here to see how it turns out in the end 8 or 9 years later.
Mayor Brown stated recovery is a long term process and thanked WDAZ for sending a news crew to document what we saw and share that story with our community. They have a one-stop shop where they will coordinate volunteers because they see they can be overwhelmed with resources like we were and how it is nice to allocate those resources and use them wisely; was very beneficial and very rewarding and satisfying for us to offer help.
PRESENTATION BY NORTHLANDS RESCUE MISSION
David Sena, executive director of Northlands Rescue Mission, and members of the Board of Director who were present, thanked the city of Grand Forks and its city council for its extended effort and all the things it has done for them and gave an update on where the Mission is currently and where it is going and how help is really improving our community.
ADOPT ORDINANCE NO. 4102, AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT THE EASTERLY FORTY (40) FEET OF LOT 11,
BLOCK 9, WESTACOTT'S SUBDIVISION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-2 (One and Two Family Residence) District the easterly forty (40) feet of Lot 11, Block 9, Westacott's Subdivision (to be replatted as Lot A, Block 9, of the Replat of Lots 11 and 12, Block 9, Westacott's Subdivision) and to include within the B-3 (General Business) District, the easterly forty (40) feet of Lot 11, Block 9, Westacott's Subdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 17, 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 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 Greg Opp on behalf of Roadrunner Investment LLC for final approval of an ordinance to amend the zoning map to exclude from the R-2 (One and Two-family Residence) District the easterly forty (40) feet of Lot 11, Block 9, Westacott's Subdivision and to include within the B-3 (General Business) District, the easterly forty (40) feet Lot 11, Block 9, Westacott's Subdivision to the city of Grand Forks, ND (located at 1734 12th Avenue North), with recommendation to give final approval to the ordinance, subject to approval of a site plan showing the location of a screening fence and required buffer yards.
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 the ordinance and upon roll call vote, the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
4103, AMENDING STREET AND HIGHWAY PLAN AS
DEDICATED ON THE PLAT OF SOUTHERN ESTATES
FIFTH 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 Southern Estates Fifth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 17, 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 the 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 a variance to the subdivision regulations Section 18-0907(2)(I) relating to rights of way width for local streets, with recommendation to give final approval to the plat, and to include approval of a variance from the Land Development Code, Section 18-0907(2)(I) relating to the width of rights of way for local streets, 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 Kreun and seconded by Council Member Kerian 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 Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
TABLE PUBLIC HEARING AND SECOND READING OF
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF REPLAT OF LOT 1, BLOCK 2, COLUMBIA PARK
22ND ADDITION TO DECEMBER 19, 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 Replat of Lot 1, Block 2, Columbia Park 22nd Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 17, 2005, 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 opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission related to the request from Steven Adams on behalf of Art Greenberg for the approval of an ordinance amending the Street and Highway Plan for the Replat of Lot 1, Block 2, Columbia Park 22nd Addition to the city of Grand Forks, ND (located in the 3500 block of South 42nd Street), with recommendation to table final approval of the ordinance until December 19, 2005.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
TABLE SECOND READING OF ORDINANCE AMENDING
SECTIONS 18-0301 AND 18-0410 RELATING TO SIGNS
AND NON-CONFORMING SIGNS TO DECEMBER 19, 2005
An ordinance entitled "An ordinance amending Sections 18-0301 and 18-0410 of the Grand Forks City Code relating to signs and nonconforming signs", which had been introduced and passed on its first reading on October 17, 2005, was presented and read for consideration on second reading.
Mayor Brown opened the public hearing, there were no comments, and the public hearing was closed.
The staff report from the Planning Department relating to request for final approval of an ordinance amending Section 18-0301 and 18-0410 of the Grand Forks City Code relating to signs and non-conforming signs, with recommendation to continue the public hearing to December 19, 2005.
It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
CONTINUE PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE BUILDING FROM REYNOLDS,
ND TO 509 BELMONT ROAD
The staff report from the Inspections Department relating to application for moving permit to move a storage building from Reynolds, ND to 509 Belmont Road, with recommendation to approve the application for moving permit to move a storage building.
Mayor Brown opened the public hearing.
Sally Marin, 515 Belmont Road, stated the owner of the property at 509 Belmont Road operates a tree service and snow removal business out of his home and keeps his equipment in his yard, which at times are up to 5 or 6 large vehicles, including an aerial truck, that he has a two-car garage on the property which has been converted into a maintenance and repair shop for these vehicles, that this past summer the city inspector viewed the area and determined that the use of this property changes the character of the neighborhood, and as a result of that Mr. Huot has removed two of the vehicles, but continues to use his garage for repair, very noisy and operates the business in the evenings and in summer, unable to use their yard because of noise, etc. and asked the council to consider these points, that operating a business in a residential neighborhood is not appropriate and changes the character of the neighborhood, and adding another building to this overcrowded yard, negative impact on their neighborhood.
Bev Collings, Inspections, reported they have been working with Mr. Huot to get the lot cleaned up, have seen improvements but still working on it.
Wilfred Huot, 509 Belmont Road, stated the building he hopes to bring in, 14x24' structure, and his intentions are to reside the building, replace doors and windows, and committed to have work done by July 1, 2006, and if not have the work done by that time would voluntarily remove the building at his own expense, committed to do that; this building is for storage; that he does have a tree service business and upon request of the City did remove the vehicles out of the yard but does have some pickups in the yard; that he only takes telephone calls for the business and doesn't run any heavy equipment relating to that on his property, recognizes that this is a residential area and wants to comply and be a good neighbor, and the building he is moving in for storage for shop tools as he does woodworking, and doesn't want his yard to look unsightly.
Ms. Collings stated because of yard size (75x190') would allow up to 1200 sq.ft. of accessory buildings and what Mr. Huot is planning is still under the limit; would be able to build a new garage or expand his existing garage and could do expansion to include dimensions of this building.
Mr. Swanson, city attorney, stated the council could attach reasonable conditions to the moving permit; generally speaking the primary focus for the building is structurally sound and safe to be moved in, whether it is fitting and compatible to the neighborhood and the structure moved into the premises without unreasonable disruption or damage to other property, incl. trees, overhead lines, etc., aesthetics alone is typically not a reason to deny, intended use is an item you can consider, but primary focus should be known whether structure can be safely moved, if structurally sound, how much repair does it need and if compatible to the neighborhood.
Council Member Glassheim stated the issue of zoning has been raised, but that the only part of the home occupation is that he answers the telephone and doesn't do any activity out of his house, and if this use is compatible with the R-2 Zoning. Ms. Collings stated they do allow home occupations and that there is a fine line between a service vehicles in your yard to a tree removal, that they have worked and had success over the summer, and have notified Mr. Huot that he cannot have a home occupation of that type in an accessory building at his home; that he has moved a large number of equipment in and out, not clear cut.
It was moved by Council Member Brooks and seconded by Council Member Gershman to table this matter until the next city council meeting (December 5) and get written response from the Inspection Department to the issues for review. Carried 7 votes affirmative.
Council Member Christensen stated he would like as part of the report information that goes back 24 months, a history of the inspections, etc.; that we continually have these issues because people move beyond, and questioned why vehicles put there in the first place, seems like degrees around this community and get rid of the degrees and have an even-handed level of enforcement; and probably need more money in the Inspections Department for inspections and/or enforcement and suggesting that they entertain that in their next budget.
APPROVE AGREEMENT WITH CANAD INNS
The proposed agreement of City, Tenant and Tenant's Lender was presented to the city council. Rick Duquette, administrative coordinator, reported we have a lease agreement with Canad Corporation and within that agreement they have the ability to assign parts of that lease and asked Mr. Swanson, city attorney, to review the assignment and how that works within that lease.
Mr. Swanson, city attorney, stated if this agreement is approved and City officials are authorized to sign it, there are some amendments made to the lease agreement the City entered into; that we are substituting a new entity for the original lessee, a Canadian entity and substituting in a new limited partnership for that, the original lease was with Canad Corporation of Manitoba Ltd. d/b/a Canad Inns - Alerus Center, and they would be seeking to substitute a new entity for that, and the new entity would assume all the responsibilities of the underlying lease. The second change of this agreement if authorized, is that the lender would step into the place of the lessee as far as the ability to enforce certain requirements that the City has placed upon it, the lender would also, if this agreement is approved, step into the place of a lessee and would acquire additional rights or purposes of priorities in payment of insurance proceeds, eminent domain proceeds, etc.; the lessee would also give or assign to the lender the right to have the lender assume the operation and take over the hotel and facilities in the event of a default. If this agreement is approved, the City would also be required to provide notice of any default or other materials items under lease to the lender. The lender does obtain a security interest in a number of things, including equipment, supplies, intangibles and the lease as provided to the corporation by the City; they do not, however, acquire an interest in the real estate, in the land itself, they would have an interest in the building. One of the things they have discussed that is not a material item, but have had a formal and detailed survey done of the site and are substituting the survey legal descriptions for the general descriptions they had used before. In the interim since the committee of the whole he had expressed at that time a few concerns, most of which he didn't think were substantive, there was one substantive issue that he did raise with the council for the lender and also with council for Canad, and that was under the terms of this agreement, if it were approved by the council, the lender has the first right to all proceeds from the insurance policy in the event of damage or destruction of the building; his concern was that if the lender were to apply the proceeds of that policy to pay off the loan, which they are entitled to do under the loan agreement, the City could be facing a catastrophic condition of having a damaged structure on the land and no cash to remove it. As a result the lender and Canad have agreed to a modification of the proposed agreement requiring the carrying of additional insurance endorsements for the removal of debris, the removal of debris is a condition of the underlying lease but now have backed it up by having separate endorsements. He stated he thinks for the most part those are some of the major issues but there are some minor modifications to the underlying lease if this assignment is approved, the ones he was concerned about primarily had to do with who had first priority for various awards, such as eminent domain awards which are highly unlikely given the location this is at and the fact that City owned but more likely the insurance proceeds and thinks they have addressed that in the interim. As far as the obligations to construct the timelines, the conditions of quality all remain the same and all are assumed by the capacity of the lease.
Council Member Christensen stated his review of the underlying loan agreement, that he understands there is an assignment of the lease, and asked for review of what is being built and what lot is part of the mortgage. Mr. Swanson stated as a result of the detailed survey, the new legal description actually divides the lease into three parcels, not separately platted, have metes and bounds descriptions, and those descriptions first describe the hotel property, secondly, the water facility or water park or referred to as aquatics center, and third one is cinema center. Council Member Christensen asked if the mortgage the bank is taking a mortgage on all three parcels, but yet only two of the facilities being constructed at this time, Mr. Swanson stated it was. Mr. Christensen stated we have hotel construction permanent loan, water park construction permanent loan and it has been represented to him by counsel for the bank that when Canad chooses or decides to build on the cinema parcel of ground assuming that the transaction that Canad Inns is about to enter into for the construction of the cinema on that ground then the bank would release its lien on that property. Mr. Swanson stated that was his understanding. Mr. Christensen stated what he wanted the public to know is the bank is taking a lien of substantial mortgage and these individuals are putting up a substantial amount of money to construct 192-room hotel and a water facility, and in consideration for that the bank is saying, they want to make sure that they have a security on all of this property just in case we have to bring someone else in to do this, and the bank has asked for a mortgage on the cinema parcel, but wants everybody on the council to know what we are doing here because we are still in business with Canad Inns and they are still out looking for a cinema or amenity equal or better than a cinema and wants everybody to know what we are doing when we consent to this. Mr. Swanson stated he thinks it would be safe to describe the interest being taken by the lender as everything and even an attempt beyond, it’s the hotel and aquatics center improvements, structure and rents and leases that they may have with other tenants, the lease with the City of Grand Forks, all intangibles, all commercial tort claims, letters of credit and rights under letters of credit, equipment, materials and supplies used in the business, excluding food and beverage inventory, those tend to be perishable, hazard insurance proceeds, deposit accounts, certain life insurance policies, condemnation judgments and awards, all project documents, which would include architectural plans and drawings, after our acquired property, after acquired proceeds, after acquired products, and all records and data relating to collateral, and is a very broad security interest, and there may be some confusion as to dates, and question was asked about completion date, the completion date with respect to the aquatics center and hotel in the original document is 18 months following commencement of the agreement or December 31, 2006. He stated he failed last week to identify for you that there is a separate completion date for the cinema complex and the cinema complex is to be completed not later than 18 months following the date the construction of the cinema complex commences and not a firm hard date.
Council Member Christensen stated it was brought up during their conversations with Mr. Sokolyk that there may be some concern as far as the completion date for the two projects, the hotel and the water project inasmuch as December of 2006. A representative of Canad Inns stated they have had some challenges from events this fall and other issues of organization, and have some comfort in council taking a look at a six-month extension to take them to June 30, 2007 and give them the latitude to lock this in, and the issue of the cinema was brought up and if go back to the agreement as mentioned, there was some latitude in it because the cinema was the one amenity that they didn't have under their direct control, the whole cinema exhibition industry is not expanding at this time and their position now is that if can't find the right cinema company to come in and do the right kind of attraction they will be better off looking for another destination amenity and recognize clearly that whatever that is would have to come back to council for them to make the case for whatever amenity that might be; doesn't want anybody to think that they are not still confident that the cinema is a reality, have had good discussions, but it would not be prudent to lay that change into the lease agreement now; and whatever kind of conditions they want to put to that to make sure and discussions today if somewhere down the line they say that this is working the way it is and can't come up with the right creative idea whether it is Canad coming up with it or somebody from the City, and find the best use for that land and the tri-partied agreement they are embarking on signing if the two partners, the City and Canad, move forward to say to their banking partner that they have a better idea for it, looks good for the Alerus and Canad and will be good for the bank, and prudent to make those two adjustments.
Council Member Christensen asked if it required if we were to amend our lease with the new entity that we would have to have Sterns Bank or the bank consent to the amendment. Mr. Swanson stated he hadn't thought of that issue but would think we would have two methods of accomplishing the amendment to the underlying lease, one would be stand alone amendment or second could be done through a three-way agreement and doesn't believe as it relates to our position but would require Sterns to agree.
John Foster, counsel for Sterns Bank, stated the city council may amend the lease without Sterns' consent on the lease amendment but Canad people have to obtain their consent to enter into an amendment of the lease, that the way their loan agreement reads is that they take a security interest in whatever leasing arrangements Canad has in the city of Grand Forks, and if that changes a little bit they will take a security interest automatically in whatever changes there; all that needs to happen is Taras Sokolyk and his folks need to come to the Bank and say this is the kind of arrangement they would like to amend into the lease and they need to get their consent. Council Member Christensen stated the issue is whether or not we amend the lease formally, if the Bank is looking for that type of security that we are not going to pull the lease if they don't get done by the 30th of June, 2007, or can do it by resolution; and if the lease stands as it is and you don't get a cinema and you and the Bank feel it is a good project, can't imagine what we would think other than to approve something that would enhance the project.
A representative of Canad stated if the council sees fit to approve the document in front of you today and can work on the specific words as quickly as possible, and the Bank will look at these as friendly amendments - positive amendments to help their security.
Council Member Gershman moved approval of the lease agreement; Council Member Hamerlik seconded the motion. Upon call for the question and upon voice vote, 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 ON APPLICATION FOR FIVE-
YEAR TAX EXEMPTION FOR EXPANDING BUSINESS
BY RICHARD P. STADTER PSYTCHIATRIC CENTER
The staff report from the city assessor relating to application for property tax exemption for expanding business by Richard P. Stadter Psychiatric Center at 1451 44th Avenue South, with recommendation to establish date for possible public hearing on this exemption, and possibly waive the requirement for publication of notices to competitors.
It was moved by Council Member Kreun and seconded by Council Member Christensen to set the date for public hearing as December 19, 2005 at 7:00 p.m. Carried 7 votes affirmative.
APPROVE AMENDMENT TO COST PARTICIPATION
AND MAINTENANCE AGREEMENT FOR SEAL COAT
OF U.S. HIGHWAY 81 FROM GATEWAY DRIVE TO I-29
The staff report from the engineering department relating to amendment to Cost Participation, Construction and Maintenance Agreement for seal coat of U.S. Highway 81 from Gateway Drive to I-29 (Project No. SU-SS-6-081(054)945), with recommendation to approve the amendment to the cost participation and maintenance agreement with the ND Department of Transportation.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
DIRECT STAFF TO PROCEED WITH PUBLIC HEARING
FOR PROJECT NO. 5675 DEMERS AVENUE/42ND STREET
UNDERPASS
The staff report from the engineering department relating to council update for Project No. 5675, DeMers Avenue/42nd Street Underpass (Project SU-6-986(073)077), with recommendation that staff proceed with the public hearing for the DeMers Avenue and 42nd Street Underpass project.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
REVIEW PRELIMINARY 2006-2011 URBAN AND
REGIONAL PROGRAM PROJECT REQUEST
The staff report from the engineering department relating to review of preliminary 2006-2011 Urban and Regional Program Project request to NDDoT, with recommendation to review funding request revisions for 2006, and prioritize Federal Aid projects for construction years 2007 to 2011.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CHANGE ORDER NO. 1 FOR PROJECT NO. 5745,
2005 SANITARY SEWER REPAIRS
The staff report from the engineering department relating to Change Order No. 1 for Project No. 5745, 2005 Sanitary Sewer Repairs, with recommendation to approve Project No. 5745 Change Order No. 1 for Molstad Excavating in the amount of $7,219.00.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE CHANGE ORDER NO.1 FOR PROJECT NO. 5746,
2005 STORM SEWER REPAIRS
The staff report from the engineering department relating to Change Order No. 1 for Project No. 5746, 2005 Storm Sewer Repairs, with recommendation to approve Project No. 5746 Change Order No. 1 for Molstad Excavating in the amount of $16,188.00.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE APPOINTMENT - PUBLIC LIBRARY BOARD
The staff report from Mayor Brown relating to Grand Forks Public Library Board appointment, with recommendation to confirm the appointment of Richard Fiordo and the reappointment of Patricia Mohr to the Grand forks Public Library Board for a term of three years.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT TO DOWNTOWN DESIGN
REVIEW BOARD
The staff report from Mayor Brown relating to Downtown Design Review Board appointments, with recommendation to approve the appointment of Douglas A. Herzog as a Downtown Business Owner/Operator representative, and reappointment of Jim Galloway as an architectural rep. and Al Berger as a history rep. for terms of three years.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT OF BOARD OF HEALTH
The staff report from Mayor Brown relating to appointment of Board of Health to include Public Health Officer, Deputy Public Health Officers, County Commissioner, two residents of the city and the city health director, with recommendation to approve the reappointment of all Board of Health members to include Dorette Kerian as the city council representative, Arvin Kvasager as the County Commission representative, Judy DeMers and Dr. Jim O'Connell as residents, Don Shields as the health director, Dr. James Hargreaves as public health officers, Dr. James Brosseau and Dr. Eric Lunn as deputy public health officers.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BUDGET AMENDMENT FOR DEFINED
BENEFIT PENSION
The staff report from the finance department relating to budget amendment for Defined Benefit Pension, with recommendation to approve the budget amendment in the amount of $573,194.00.
It was moved by Council Member Kreun and seconded by Council Member Kerian 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 INVESTMENT POLICY FOR PENSION PLAN
ASSETS
The staff report from the Pension and Insurance Committee relating to matter of investment policy for Pension Plan assets, with recommendation that council approve the investment policy for pension plan assets.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council member Brooks and Hamerlik. Carried 6 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative; Council Member Gershman recused..
DECLARE PROPERTY AT ALERUS CENTER AS SURPLUS
The staff report from the Alerus Center relating to declaring property as surplus, with recommendation to declare property as surplus (kitchen equipment).
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE REQUEST FOR VARIANCE FOR UNPLATTED
BOMMER TRACT
The staff report from the Planning Department relating to request from Al Mercil for approval of a variance (Section 18-0907(2)(L)(3) for unplatted Bommer Tract, Falconer Township, Section 31 (located at 2677 North 42nd Street) for the purpose of varying the access onto a minor arterial street requirement from 660 feet to 85 feet, with no recommendation.
It was moved by Council Member Kreun and seconded by Council Member Christensen to approve the request, including the following findings: 1) there are special circumstances or conditions affecting said property such that the strict application of the Zoning Chapter would deprive the applicant of reasonable use of his land; 2) that the variance is necessary for the preservation and enjoyment of substantial property right of the petitioner; 3) that the granting of the variance will not be detrimental to public welfare or injurious to other property in the area in which the variance is requested; 4) that the granting of the variance does not conflict with the Grand Forks Comprehensive Plan.
Upon call for the question and roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kreun - 5; voting "nay": Council Members Glassheim, Kerian - 2. It was noted that 5 members of the council have to vote in favor of the motion for it to be approved. Mayor Brown declared the motion carried.
APPROVE FINAL PLAT OF ELLERTSON'S FIRST
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Nels and Margaret Ellertson for final approval (fast track) of the plat of Ellertson's First Resubdivision (being a replat of Ellertson's Addition and a part of the SE Quarter of the SE Quarter of Section31, Township 152 North, Range 50 West, known as Humble Oil Tract) to the city of Grand Forks, ND (located west of North 42nd Street between Gateway Drive and 16th Avenue North), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT PETITION TO VACATE PORTION OF RIVER
STREET
The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks to vacate a portion of River Street as part of the Replat of Iddings Addition (located south of 4th Avenue South and east of River Street), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.
It was moved by Council Member Kreun and seconded by Council Member Kerian 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 public hearing be set for Tuesday, January 3, 2006. Carried 7 votes affirmative.
APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS 1,
2, 3 AND 4, BLOCK 3 AND PARTS OF LOTS 1, 2, 3 AND
4 AND LOTS 5, 6 AND 7, BLOCK 2, IDDINGS ADDITION
The staff report from the Planning and Zoning Commission relating to request on behalf of the City of Grand Forks, ND, Garry A. Pearson, and Leslie A. Soine, for preliminary approval of the Replat of Lots 1, 2, 3 and 4, Block 3 and parts of Lots 1, 2, 3 and 4, and Lots 5, 6 and 7, Block 2, Iddings Addition to the city of Grand Forks, ND (located south of 4th Avenue South and east of River Street), with recommendation to give preliminary approval of the plat, subject to conditions shown on or attached to the review copy and schedule a public hearing for December 19, 2005.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF HIGHLAND POINT FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development for preliminary approval of the plat of Highland Point First Addition to the city of Grand Forks, ND (located in the northeast corner of 40th Avenue South and South 19th Street), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and to set a public hearing for December 19, 2005.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian 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 Highland Point First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN THE HIGHLAND POINT PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
ALL OF HIGHLAND POINT FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) District, the A-2 (Agricultural Reserve) District, and the B-3 (General Business) District and to include within the Highland Point PUD (Planned Unit Development), Concept Development Plan, all of Highland Point First Addition to the city of Grand Forks, ND, and also to include unplatted lands lying in Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, all located between South Washington Street and South 20th Street and between 36th Avenue South and 40th Avenue South, with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy, and set a public hearing for December 19, 2005.