Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 17, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 17, 2006 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:
he welcomed Council Member Hamerlik back to council meetings.
that City received plaque from the Special Olympics of North Dakota in appreciation for the support of the State's Soccer and Bocce Tournament this past year and this goes to the city council and the citizens of Grand Forks for their support.
PRESENTATION TO FINANCE DEPARTMENT
Mayor Brown presented an award from the Government Finance Officers Assn. of the United States and Canada its Certificate of Achievement for Excellence in Financial Reporting to the Department of Finance and Administrative Services, Grand Forks, North Dakota for its Comprehensive Annual Financial Report for the fiscal year ended December 31, 2004. This is the 19th consecutive year the Finance Department has received this award. The city auditor introduced Saroj Jerath, Assistant Finance Director; Maureen Storstad, Budget Officer; and Candi Stjern, Senior Accountant; and stated this is a small part of the group that works very hard to achieve this award.
AMEND AGENDA
It was moved by Council Christensen and seconded by Council Member Gershman to amend the agenda to move the item relating to Project Concept Report for Project No. 5703, paving 47th Avenue South from South Washington Street to Belmont Road, ahead of the item of public hearing and second reading of an ordinance amending the Comprehensive Plan. Carried 7 votes affirmative.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 4115,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
HIGHLAND POINT FIRST 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 Highland Point First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 21, 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 this evening, and further that to date he had received no written protests on this matter.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning & Zoning Commission relating to request from Tim Crary on behalf of Crary Development, for final approval of the plat of Highland Point First Addition to the city of Grand Forks, North Dakota (located in the northeast corner of 40th Avenue South and South 19th Street), with recommendation to give final approval to the plat subject to the conditions shown on or attached to the review copy and also the ordinance amending the Street and Highway Plan.
It was moved by Council Member Kerian and seconded by Council Member Gershman 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. 4116, AMENDING ZONING MAP
TO INCLUDE WITHIN HIGHLAND POINT PUD, CONCEPT
DEVELOPMENT PLAN, ALL OF HIGHLAND POINT FIRST
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-1 (Limited Development) 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, North Dakota", which had been introduced and passed on its first reading on November 21, 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 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 Tim Crary on behalf of Crary Development for final 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, 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 final approval to the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Gershman 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.
ADOPT ORDINANCE NO. 4117, ANNEXING PART OF
SW QUARTER OF NE QUARTER OF SECTION 21, T151N,
R50W OF 5TH P.M.
An ordinance entitled "An ordinance to annex all that part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian, city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 21, 2005, 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 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 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. 4118, AMENDING ZONING MAP
TO INCLUDE WITHIN MEADOW RIDGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NUMBER 1, ALL OF
MEADOW RIDGE FIRST ADDITION AND TO INCLUDE
UNPLATTED LANDS
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan, and to include within the Meadow Ridge PUD (Planned Unit Develoment), Concept Development Plan, Amendment Number 1, all of Meadow Ridge First Addition to the city of Grand Forks, ND, and also to include unplatted lands lying between 47th Avenue South and 51st Avenue South, and between South Washington Street and the westerly platted boundaries of North Pines Resubdivision and South Pines Addition, all located in Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on December 19, 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 Planning and Zoning Commission relating to a request from Tim Crary on behalf of Crary Development, Inc. for final approval of an ordinance to amend the zoning map to exclude from the Meadow Ridge PUD (Planned Unit Development0, Concept Development plan, and to include within the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Meadow Ridge First Addition to the City of Grand Forks, ND and also to include unplatted lands lying between 47th Avenue South and 51st Avenue South and between South Washington Street and the westerly platted boundaries of North Pines Resubdivision and South Pines Addition, with recommendation to give final approval to the ordinance, subject to conditions shown on or attached to the review copy.
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.
ADOPT ORDINANCE NO. 4119, AMENDING ZONING
MAP TO REZONE AND EXCLUDE FROM R-2 (ONE AND
TWO FAMILY RESIDENCE) DISTRICT AND TO INCLUDE
WITHIN R-1 (SINGLE FAMILY RESIDENCE) DISTRICT
IN AREAS IN UNIVERSITY AREA
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 and to include within the R-1 (Single Family Residence) District, all of Blocks 1 through 18, excluding Lots 6 - 11, Block 12 and excluding Lots C and D of the Replat of Lots 14 and 23 through 29, Block 17, Swangler's Subdivision; all of Westwood Subdivision; lots 21 through 40, Block 2 and all of Blocks 3 and 4, Kelsey's 3rd Addition; all of University Park Place Addition; Lots 15 through 24, Block 17, Westacott's Subdivision; also to include unplatted parts of the Northeast Quarter of the Southwest Quarter of Section 4, Township 151 North, Range 50 West; all those public lands described as University Park; all of Kelsey's 2nd
Addition; Lots 1 through 13, Block 1, University Park Addition; and all of Blocks 3 through 6, Dacotah Place Addition to the city of Grand Forks, North Dakota; and adopting provisions regarding reconstruction of nonconforming structures damaged by fire, explosion, flood, tornado or wind", which had been introduced and passed on its first reading on December 19, 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.
The staff report from the Planning and Zoning Commission relating to the matter of request from the Planning Department on behalf of the city of Grand forks, ND for final approval of an ordinance to amend the zoning map to rezone and exclude from the R-2 (One and two Family Residence) District and to include within the R-1 (Single Family Residence) District all of Blocks 1 through 18, excluding Lots 6 - 11, Block 12 and excluding Lots C and D of the replat of Lots 14 and 23 through 29, Block 17, Swangler's Subdivision; all of Westwood Subdivision; Lots 21 through 40, Block 2 and all of Blocks 3 and 4, Kelsey's 3rd Addition; all of University Park Place Addition; Lots 15 through 24, Block 17, Westacott's Subdivision; also to include unplatted parts of the NE Quarter of the SW Quarter of Section 4, Township 151 North, Range 50 West; all those public lands described as University Park; all of Kelsey's 2nd Addition; Lots 1 through 13, Block 1, University Park Addition; and all of Blocks 3 through 6, Dacotah Place Addition to the city of Grand Forks, ND, with recommendation to deny approval of the ordinance.
Mayor Brown opened the public hearing.
Greg Krause, 718 North 25th Street, stated he was in support of the rezoning and all the other changes that have been made, control of changes is what expect the City to do and for their neighborhood to maintain some semblance of a place where families can grow up and co-exist with all the other uses,
and is an essential part of the other changes to allow enforcement of all of the issues.
Deb and Marvin Hodny, 2001 2nd Avenue North: Ms. Hodny stated that she has lived in this neighborhood all of her life, that Planning and Zoning is not in favor of this and talked to people on city staff who have reservations about this, and concerns of people in the neighborhood are legitimate concerns and has a petition with 54 signatures on it from her neighborhood, that their neighborhood did not ask for this and asked council to reconsider this and stop rezoning as it will affect property values, that she doesn't think rezoning will address the issues. She presented petitions to the city auditor.
Bill Graveline, 511 Reeves Drive, presented petitions for a total of 557 and getting close to 1,000 people city-wide and area-wide that have asked the City to avoid the rezoning; and that the licensing of the landlords and other issues will correct the problem, rezoning is a major step and normally wouldn't find R-1 zones around a university, and doesn't think rezoning is the way to solve this and would like to use system we have in place to correct these problems, and if that didn't work, then come back again; that with enforcement and licensing of the landlords can eliminate the bulk of the problems.
Michael Nowacki, 618 Schroeder Drive, stated that University students as well as others are opposed to the rezoning; and noted that the Planning and Zoning Commission has voted on more than one occasion against this rezoning and that the problems that have been raised re. these areas can be addressed by enforcement of policies and ordinances on the books as well as those being added, and asked city council to consider any negative side effects of the ordinances carefully.
Chris Bradem 3577 13th Avenue North, stated that students believe that rezoning is a last ditch option and rather enforce the policies that have been passed and to enforce ordinances and if problem continues, then talk about rezoning, grave injustice for the City to rezone this area of town.
Patti Eider, 2814 17th Avenue South, has concerns about this issue, that she owns a few houses in that area and that UND continues to grow and the City seems to be against housing for them in the area that they want to live in and that area needs to grow as the University is growing, and asked people in the audience who are opposed to the rezoning to stand - a number of people in the audience stood.
Mayor Brown closed the public hearing.
Council Member Gershman stated one of the things they have to take into consideration if we rezone is that the University is going to continue to grow, and if look at the strategic plan of the University, the plan is not to grow but to remain at about 14,000 students, 11600 on campus, and believes that this the direction of the University, then nothing changes for the students because we are not taking anything away from what already exists, that existing conditions will continue, but if the owner wishes to sell the property to somebody else and they utilize that as a duplex having 6 or 8 people, they can do that - and if somebody wishes to invest in one of those homes and rent it out to 4 unrelated people then they can do that too, it just changes how many people you can rent to, to preserve the integrity of the neighborhood and believes that the statement about property values probably true, that this will decrease the increase in property values. He stated that he has an amendment that he will make - one concern of property owners is that if they have a tri-plex or a four-plex and it burns down or damaged more than 60%, they cannot rebuild, and Mr. Swanson has drafted his request/provision or amendment that would allow them to rebuild and those property owners that own those types of properties will be protected under this ordinance.
Council Member Glassheim stated he is going to try an amendment in the course of this that they have had some conversations about families who rent basements in order to help with the mortgage and senior citizens who rent a room or rent a basement to help with payments and unintended consequence of the ordinance is that in those single family homes now they would not in the future be allowed to do that, future sales with two families or seniors not now renting a basement could not, and will attempt to put an amendment on which would allow single family owners to rent basements.
Council Member Kreun stated that in the amendment that Council Member Gershman is alluding to, if that does indicate or goes along with the setbacks and requirements, if they have to rebuild. Mr. Swanson stated in the last sentence - maybe reconstructed as existed prior to such damage; and that intends that you can duplicate the footprint of that building but would not be able to alter the footprint; if mean actual existing setbacks would be corrects but not the Code setbacks - you are allowing this to be reconstructed as existed before, if the intent is that you would allow the reconstruction under current setbacks, he would need to redraft a portion of this. He stated if the rezoning is passed and the rezoning ordinance is amended to include this language, they will still be considered a non-conforming use, this particular amendment only comes into effect if you had a catastrophic destruction of the premises.
Council Member Christensen asked if this language stated that any structure that is deemed to be non-conforming will be construed to have all the rules dealing in paragraph 18-0209, items 5 through10; there are setbacks; that what he is looking to make sure is that if property owner has a house that has a setback of x feet on each side that when we change the rule as far as the number of people that can live in it is that he can still operate his house and can still fix his house, repair it and live under the rules that he had before regarding side yard setbacks, front yard setbacks, etc. Mr. Swanson stated that is all true under standard non-conforming use, as long as they are not seeking to alter use or expand the footprint of the building we do not change the setbacks; and that adding onto the back side of the house would not be allowed, if want to remodel a room under Sections of 18-0407, would be allowed but as soon as you try to increase the living space from what is existing that will not be permitted. He also stated that if an R-2 structure they will not be allowed to expand that structure unless it is converted to an R-1 use, and at that point would have to meet existing R-1 setbacks with respect to any change in the footprint of the structure or additional living space.
Council Member Christensen asked how we allow them to have the setbacks to remodel their homes if we change it from an R-2 to R-1, because these people don't have the same width, these lots were developed in a setting where they didn't have the same widths for lots that we have now in an R-1 in this community.
Mr. Swanson stated that would take significant re-writing of the non-conforming use section, that what he is asking for is to allow any non-conforming use in an R-2 zone to expand their existing footprint. Mr. Christensen stated what he is asking for is if property came to the City and wanted to add onto their home in an R-1 district but the R-1 rules require a bigger lot so run out of space, why not allow them to add onto their homes so long as they only get to have 4 unrelated people, and that is all we're really after. Mr. Swanson stated because you don't allow anyone else anywhere else in the city to expand a non-conforming use; and that you have a use that is inconsistent with the general zone dealing with and trying to convert that non-conforming use into your predominant rezoned use, to allow an exception that would allow expansion, can do it but adverse to the theory, then why do we want a non-conforming use section at all.
Mr. Gengler stated one thing that should be pointed out to describe a scenario, that if were to rezone from R-2 to R-1 and take into account all the existing duplexes, that he hasn’t done a thorough research, but did randomly select a number of duplexes and tried to apply that logic of today's R-2 rules and for the most part most of them could not be reconstructed even under R-2 rules, especially side by side structures, because literally squeezed in on a lot that in today's standards is insufficient, and at that point would basically be telling those people that they could not rebuild, and thought that this paragraph explained it sufficiently.
Council Member Brooks stated the issue that has always concerned him is that they have some citizens in that area who brought forth a petition that initiated this, and his concern has always been the issue of housing stock and wanted to stop losing our housing stock to apartments, still going to achieve what he sees as a goal here and that is to maintain our housing stock without losing any more to additional apartment units, but that we still have restrictions on the number of renters and still meets the concerns of the citizens. He moved approval of the proposal set forth in pages 207 and 208 of staff report which relates to the rezoning from an R-2 to an R-1. Council Member Kreun seconded the motion.
Council Member Gershman introduced an amendment to the ordinance as follows: Any residential structure existing as of January 17, 2006 made nonconforming by the adoption of this ordinance which subsequently suffers damage in excess of sixty percent (60%) of its replacement cost by fire, explosion, flood, tornado or wind, may be reconstructed as it existed prior to such damage, except, however, all provisions of Grand Forks City Code Chapter 19-06 relating to flood proofing shall be complied with. Council Member Hamerlik seconded the motion.
Council Member Gershman stated his concern was to protect the property owners from a devastating loss and that if it was a nonconforming use, a four-plex in an R-1 zone, and a fire took out 60%, they could not rebuild the four-plex, and they probably have a mortgage based upon the income from that property. He stated that if somebody is non-conforming and has a four-plex or triplex in the R-1 area, they can remodel the inside of the property and keep it as it is, and thinks that is enough, because if we start to change that and allow them to add on in a non-conforming property, and asked the city attorney if that affects the whole city. Mr. Swanson stated it would depend upon how the ordinance is drafted and what it is attached to, but it identifies a difference in policy as to what the city has had before in a non-conforming use. Council Member Gershman stated if we allow them to build in an non-conforming then it could present problems in the future and that is why he would like it to contain that you can remodel what you have in that area but cannot build on to it.
Council Member Glassheim stated he would like to amend to change what is allowable in an R-1, "that a resident homeowner may rent a room on the main floor or a basement to no more than two unrelated people, for purposes of this ordinance resident homeowner does not include an owner renting more than one room on the main floor to unrelated people." and that he thinks what that allows is a family living on the main floor to rent the basement to get help with the mortgage payments and it allows a senior citizen after the adoption of this to rent a room upstairs or a basement to two people and it protects us from the problems that we were concerned about of new conversions which would go from a family to then potential for 8 people and yet it allows people to get some assistance with their payments. Council Member Gershman seconded the motion.
After considerable discussion Council Member Kreun called for the question, seconded by Council Member Christensen. Mayor Brown asked for vote on the call for the question, motion carried, Council Member Glassheim voted against the call for the question.
Upon call for the question on the motion by Council Member Glassheim to amend the motion. Upon voice vote Council member Glassheim voted for the motion, and Council members Brooks, Hamerlik, Gershman Christensen, Kerian, Kreun voted against the amendment. Mayor Brown declared the motion failed.
Upon call for the question on the original motion as amended by Council Member Gershman.
Council Member Christensen stated that as soon as they get done with this, he is going to have this reviewed because he is concerned about the setbacks and if they have some problems with the non-conforming use and how they get to use their property and taking away that right to use your lot as you thought you could use it under the R-2 zone, and that this can be changed; that they are trying to preserve the neighborhood and their rights, provide a place for students to live in a college setting but these issues have to be addressed by university communities, and basically what trying to do is change the complexion so it goes from 8 unrelated parties to 4 unrelated parties, and that is what trying to get accomplished with this rezoning.
Mr. Swanson stated early on in this discussion comments were made about considering an overlay district, and an overlay district would relate exclusively to one particular area of the community would give you greater flexibility in establishing setbacks, etc. as opposed to a rezoning to a traditional R-1, and understands that was rejected or put aside but wanted to make council aware that if looking to make unique regulatory provisions for a zone apart from traditional or uniform application of an R-1, the avenue for you to do that would be in the form of an overlay zone, and committee was provided with samples, and that is an option that you may wish to consider.
Council Member Brooks called for the question; Council Member Christensen seconded the motion. Carried 5 votes affirmative; Council Members Kerian and Glassheim voted against the call for the question.
Upon call for the question on the ordinance as amended 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 ORDINANCE NO. 4120, AMENDING SECTION
18-0302(14)(B)(12) OF THE GRAND FORKS CITY CODE
RELATING TO OFF-STREET PARKING
An ordinance entitled "An ordinance adopting Section 18-0302(14)(B)(12) of the Grand Forks City Code relating to off-street parking", which had been introduced and passed on its first reading on December 19, 2005, 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 matter of the request on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations, Section 18-0302 Off-Street Parking and Loading; Subsection (14)(B); all relating to off-street parking and loading for single-family and two-family residential rental dwellings, with recommendation that the council grant final approval of the ordinance.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved.
Mr. Swanson stated that the draft ordinance requires identification of a date establishing the number of bedrooms, and that the effect of this ordinance will, as opposed to the rezoning ordinance, establish limitations on the number of parking spaces required based upon the number of bedrooms used for rental, and that there is a blank in the ordinance that needs to be filled in and date could be no earlier than January 17, 2006.
Council Member Gershman moved to include the date of January 17, 2006 in his motion; Council Member Hamerlik agreed to the date.
Mr. Swanson stated the effect of this ordinance will implicate the percentage of property that can be used for development and may implicate impervious surface and will implicate your setbacks and that there may be some lots that may not be able to provide parking for all bedrooms in premises used for rental purposes.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance 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 ordinance adopted.
ADOPT ORDINANCE NO. 4121, RELATING TO OFF-STREET
PARKING AND LOADING
An ordinance entitled "An ordinance amending Section 18-0302(5) of the Grand Forks City Code relating to off-street parking and loading", which had been introduced and passed on its first reading on December 19, 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 on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1989, as amended, amending Article 3, Rules and Regulations, Section 18-0302 Off-Street Parking and Loading; Subsection (5) Yards; all relating to off-street parking and loading; with recommendation to grant final approval of the ordinance.
It was moved by Council Member Hamerlik 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 Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4122, RELATING TO PARKING
PROHIBITIONS IN FRONT YARDS AND PENALTIES
An ordinance entitled "An ordinance adopting Section 8-0801(1)(O) of the Grand Forks City Code relating to parking prohibitions in front yards and amending Section 8-1503(12) of the Grand Forks City Code relating to penalties for specified offenses", which had been introduced and passed on its first reading on December 19, 2005, 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.
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 ordinance adopted.
APPROVE PROJECT CONCEPT REPORT FOR PROJECT NO.
5703, PAVING 47TH AVENUE SOUTH
The staff report from the engineering department relating to Project Concept Report for Project No. 5703, paving 47th Avenue South from South Washington Street to Belmont Road), with recommendation to approve Project Concept Report for Project No. 5703, paving 47th Avenue South; proceed with design from South Washington Street to Belmont road (Phase 1 and Phase 2), and approve an eight foot meandering multi-use path from Cherry Street to Belmont Road (Phase 2).
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 Kerian that this recommendation be approved. Upon roll call and voice vote, the motion carried 7 votes affirmative.
DENY ORDINANCE AMENDING THE COMPREHENSIVE
PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, SECTION
18-0802, ELEMENTS OF THE GRAND FORKS CITY CODE OF
1987, AS AMENDED, PERTAINING TO GRAND FORKS-EAST
GRAND FORKS 2030 TRANSPORTATION PLAN UPDATE
An ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2030 Transportation Plan Update", which had been introduced and passed on its first reading on December 19, 2005, and upon which public hearing had been 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 opened the public hearing, there were no comments, and the public hearing was closed.
The staff report from the Planning and Zoning Commission (on behalf of the Grand Forks Engineering Department) relating to request from the Engineering Department on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the Grand Forks Comprehensive Plan by amending the Grand Forks-East Grand Forks 2030 Transportation Plan Update, (2004 Alternative Transportation Modes Element, Bike Section) together with all maps, information, recommendations and data contained therein with recommendation that if council action for Project Concept Report for 47th Avenue South is approved, to deny approval of the ordinance and resolution.
It was moved by Council Member Kreun and seconded by Council Member Gershman that as the Project Concept Report for Project No. 5703 was approved, to deny approval of the ordinance. Carried 6 votes affirmative, Council Member Kerian voting against the motion.
Upon call for the question of adoption of the ordinance the following voted "aye": Council Member Kerian - 1; voting "nay": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6. Mayor Brown declared adoption of the ordinance denied.
APPROVE UTILITY AND LINK CONNECTIONS FOR
CANAD INN AND THE ALERUS CENTER
The staff report from Rick Duquette, Administrative Coordinator, relating to utility and link connections for Canad Inn and the Alerus Center, with recommendation per the City/Canad agreement to authorize the expenditure of funds to make the utility and linkage connections at the Canad Inn/Alerus Center.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon voice vote, the motion carried 7 votes affirmative.
APPROVE CVB AMENDED BY-LAWS
The staff report from Rick Duquette for the Convention & Visitors Bureau relating to CVB amended by-laws, with recommendation to ratify the amendments to the Greater Grand Forks Convention & Visitors Bureau by-laws.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE ORDINANCE RELATING TO MOTOR
VEHICLE RENTAL TAX
The staff report from the finance department relating to tax on rental cars at the airport, with recommendation to introduce ordinance enacting Article 6 of Chapter XXII of the Grand Forks City Code relating to motor vehicle rental tax.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance enacting Article 6 of Chapter XXII of the Grand Forks City Code relating to motor vehicle rental tax", which was presented, read and passed on its first reading.
APPROVE BUDGET AMENDMENT, PAYBACK
EMERGENCY FUND
The staff report from the finance department relating to budget amendments, Payback Emergency Fund, with recommendation to approve budget amendments for General Fund in the amount of $671,107.72; , Storm Water in the amount of $1,699,886.90; Wastewater in the amount of $3,612,259.53; and Water Department in the amount of $26,881.70; and the Emergency Fund, retroactive to 2005.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPLICATION FOR CLASS 3 BEER AND WINE
LICENSE FROM CAPONE'S, LLC, 3615 GATEWAY DRIVE
The staff report from the finance department relating to application for Class 3 (Off and/or On-Sale Beer and Wine) license from Capone's, LLC (John and Mary E. Stempinski), 3615 Gateway Drive, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Hamerlik and Brooks. Carried 6 votes affirmative.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative; Council Member Gershman recused.
APPROVE APPLICATION FOR CLASS 1 ALCOHOLIC
BEVERAGES BY M & J PROPERTIES, LLC DBA BABYLON,
9 NORTH 3RD STREET
The staff report from the finance department relating to application for transfer of Class 1 (General On/Off Sale Alcoholic Beverages) by M & J Properties, LLC dba Babylon, 9 North 3rd Street, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Hamerlik and Brooks. Carried 6 votes affirmative.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative; Council Member Gershman recused.
APPROVE APPOINTMENT TO EMERGENCY MANAGEMENT
BOARD
The staff report from Mayor Brown relating to appointment to the Emergency Management Board, with recommendation to approve reappointment of Joe Simon as the public representative on the Emergency Management Board for a term of two years.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE LEASE AGREEMENT WITH PARK DISTRICT
FOR AREA OF GREENWAY
The staff report from the engineering department relating to lease agreement with Park District for Lincoln Drive Park area of the Greenway, with recommendation to approve the lease agreement between the City of Grand Forks and the Grand Forks Park District for Lincoln Drive Park for the term of one year starting February 3, 2006.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5703,
DISTRICT NO. 608A