Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 19, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 19, 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 (teleconference), 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:
Congratulations to newly elected city council members and the re-elected council member, and looks forward to working with them and the council as they address residents' needs and process of long range planning. He also congratulated and thanked everyone else who won and a special thanks to everyone who put their names on the ballot in the name of public service.
The Grand Cities Soccer Tournament was an outstanding success for the participants and fans and also for the entire community.
He thanked Council Member Brooks who attended Czech Days in Tabor, MN over the weekend and that it is important that we try to visit our neighbors.
Last Wednesday at 4:00 p.m. was the dedication of the Whopper John Little northend boat ramp and turnout was great and included several council members, and is a fine facility for our community to be used by people from all around the region, and good to see Whopper John's family.
Jerry Hjeldon, 1508 South 14th Street, reported this is the last of the petition signatures they collected in Grand Forks, East Grand Forks and surrounding area as a casino here would affect the whole area and they extended their petition drive to East Grand Forks, Thompson, Oslo and outlying area, people are very concerned about this, and presented petition to Mayor Brown.
CONTINUE SECOND READING OF ORDINANCE
REQUIRING MANDATORY ALCOHOL SERVER TRAINING
TO JULY 6, 2006
An ordinance entitled "An ordinance enacting Sections --- through --- of the Grand Forks City Code requiring mandatory alcohol server training" which had been introduced and passed on its first reading on June 5, 2006, was presented and read.
John Warcup, assistant city attorney, reported that under the Grand Forks City Code following the election of a new council, final action cannot be taken on the second reading of an ordinance until the second regularly scheduled meeting after the election, public hearings could be held today but second readings would have to be continued to July 6, 2006.
It was moved by Council Member Christensen to defer action on this ordinance until July 6, 2006. Council Member Gershman seconded the motion. Carried 7 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE AMEDNING
SECTIONS OF THE CODE RELATING TO RESIDENTIAL
RENTAL LICENSES
An ordinance entitled "An ordinance amending sections 21-0605, 21-0606, 21-0608, 21-0610 and 21-0611 of the Grand Forks City Code relating to residential rental licenses", which had been introduced and passed on its first reading on June 5, 2006, was presented and read.
It was moved by Council Members Christensen and Gershman to defer action on this ordinance until July 6, 2006. Carried 7 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF HOMESTEAD GROVE SECOND ADDITION UNTIL JULY 6, 2006
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 Homestead Grove Second Addition", which had been introduced and passed on its first reading on May 15, 2006 and upon which public hearing was scheduled for this evening, was presented and read.
It was moved by Council Members Christensen and Gershman to defer action on this ordinance until July 6, 2006. Carried 7 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
REPLAT OF LOT 4, BLOCK 2; LOT 1, BLOCK 3; BLOCK 4; LOTS
1 AND 2, BLOCK 5; LOTS 1 AND 2, BLOCK 6; LOT 1, BLOCK 9,
AND LOTS 1 AND 2, BLOCK 10, CAMPBELL ADDITION
UNTIL JULY 6, 2006
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 4, Block 2; Lot 1, Block 3; Block 4; Lots 1 and 2, Block 5; Lots 1 and 2, Block 6; Lot 1, Block 9; and Lots 1 and 2, Block 10, Campbell Addition", which had been introduced and passed on its first reading on April 17, 2006, and upon which public hearing had been continued until this evening, was presented and read.
It was moved by Council Members Christensen and seconded by Council Member Gershman to defer action on this ordinance until July 6, 2006. Carried 7 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 622, PROJECT NO. 6006
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving district No. 622, Project No. 6006, construction of paving on South 11th Street from 47th Avenue South to 48th Avenue South in Meadow Ridge 1st Addition, had expired on June 19, 2006 and that he had received no written protests.
Major Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8938 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 622, Project No. 6006, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
CANVASS RESULTS OF BIENNIAL CITY ELECTION HELD
IN CONJUNCTION WITH PRIMARY ELECTION ON JUNE 13,
2006
The city auditor reported that pursuant to the agreement we have with Grand Forks County for the holding of the election, the Grand Forks County is the official canvassing board and a copy of their official report of the Grand Forks biennial election results are on their desks; however, in order for the City to accept those results and to place them into permanent record for the City, this body must pass a motion that would approve and direct the filing of the reported canvassing results.
He presented the canvas of the June 13, 2006 biennial election results as approved by the County Canvassing Board on June 16, 2006: Document No. 8939 - Report.
It was moved by Gershman and seconded by Council Member Kreun to accept and file the canvass of the results of the June 13, 2006 biennial city election. Carried 7 votes affirmative.
RESPREAD SPECIAL ASSESSMENTS FOR WATERMAIN
PROJECT NO. 5678.1, DISTRICT NO. 283.1
The staff report from the city auditor relating to respreading special assessments for Watermain Project No. 5678.1, District No. 283.1, with recommendation that council finds that: 1) the property lying outside the original assessment district has subsequently been annexed to the city of Grand Forks; 2) at the time of the contracting of the improvement the property was outside the corporate limits of the city of Grand Forks; and 3) the newly annexed property is benefited by the improvement. Therefore, we approve the request by the developers to respread the remaining uncertified assessments over the entire Countryview Third Resubdivision and Prairiewood First Addition.
It was moved by Council Member Gershman 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 FUTURE ASSESSMENT DISTRICT FOR PROJECT
NO. 4704.3, PERMANENT FLOOD PROTECTION PROJECT
FOR NEWLY ANNEXED PROPERTY FROM 2003 - 2006
The staff report from the city auditor to bring back future assessment district project No. 4704.3, Permanent Flood Protection Project for newly annexed property from 2003 - 2006, with recommendation to approve assessment to bring all properties to the same level of having the 1st and 2nd flood protection assessment.
It was moved by Council Member Gershman 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 FUTURE ASSESSMENT DISTRICT FOR SEWER
PROJECT NO. 5488.1, DISTRICT NO. 418.1
The staff report from the engineering department relating to bringing back future special assessment
district for Project No. 5488.1, District No. 418.1, sanitary sewer in 1100 and 1200 blocks of 47th Avenue
South, with recommendation to approve engineer's report, create special assessment district and approve
final cost for Project No. 5488.1, District No. 418.1.
It was moved by Council Member Gershman 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 FUTURE ASSESSMENT DISTRICT FOR PAVING
PROJECT NO. 5048.5, DISTRICT NO. 563.1
The staff report from the engineering department relating to bringing back future special assessment district for Project No. 5048.5, District No. 563.1, paving South 42nd Street (University to 29th Avenue South), 17th Avenue South (South 35th to 42nd Street) and 11th Avenue South (South 40th to South 42nd Street), with recommendation to approve engineer's report, create special assessment district and approve final cost for Project No. 5048.5, District No. 563.1
It was moved by Council Member Gershman 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 PROJECT CONCEPT REPORT ADDENDUM FOR
PROJECT NO. 5674, COLUMBIA ROAD AND 24TH AVENUE
SOUTH INTERSECTION RECONSTRUCTION
The staff report from the engineering department relating to Project Concept Report Addendum for Project No. 5674, Columbia road and 24th Avenue South Intersection Reconstruction, with recommendation to approve Project Concept Report Addendum, and direct staff to proceed with Scenario 3 to the final design stage; (cost is $2,327,800 with NDDOT committing $1,464,548.73 of Safety Funds to the project).
It was moved by Council Member Gershman 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 COST PARTICIPATION, CONSTRUCTION AND
MAINTENANCE AGREEMENT FOR PROJECT NO. 5674
The staff report from the engineering department relating to the Cost Participation, Construction and Maintenance Agreement for Project No. 5674, Columbia Road and 24th Avenue South Intersection Reconstruction, with recommendation to approve and authorize the execution of the amendment to the Cost Participation and Maintenance Agreement with the NDDoT (current engineers' total construction estimate, including construction engineering is $2,327,800)
It was moved by Council Member Gershman 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 ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5988
The staff report from the engineering department relating to Engineering Services Agreement for Project No. 5988, paving 40th Avenue South (South 20th Street to South Washington Street), with recommendation to approve agreement with CPS, Ltd. consultant for preliminary and final design engineering services in the amount of $157,200.00.
It was moved by Council Member Gershman 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.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5815, DISTRICT NO. 624
The city engineer's estimate of total cost of the construction of paving for Homestead Grove 1st Addition in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5815, District No. 624, paving for Homestead Grove 1st Addition, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8940 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT FOR SEWER PROJECT NO.
6003, DISTRICT NO. 446; WATERMAIN PROJECT NO. 6004,
DISTRICT NO. 292; SEWER PROJECT NO. 6005, DISTRICT
NO. 447; AND PAVING PROJECT NO. 6005, DISTRICT NO. 622
The city auditor presented and read tabulation of bids which had been received and opened on June 5, 2006 for Sewer Project No. 6003, District No. 446; Watermain Project No. 6004, District No. 292; Sewer Project No. 6005, District No. 447; and Paving Project No. 6006, District No. 622, indicating that Aggregate Industries was the low bidder based upon their bid in the amounts of $30,010.30. $22,089.50, $32,801.36 and $76,431.90, respectively, for a combined total bid of $160,333.06: Document No. 8941 - Bid Tabulation.
The city engineer's estimate of total cost for Sewer Project No.6003, District No. 446, in the amount of $
; Watermain Project No. 6004, District No. 292, in the amount of $ ; Sewer Project No. 6005, District No. 447, in the amount of $ ; and Paving Project No. 6006, District No. 622, in the amount of $ , were presented and read.
The staff report from the engineering department relating to bids for Project No. 6003, 6004, 6005 and 6006, paving and utilities for Meadow Ridge 1st Addition, with recommendation to award contract to low bidder Aggregate Industries, in the amounts of $30,010.30 $22,089.50, $32,801.36 and $76,431.90, respectively, for a total combined bid of $160,333.06.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved and the resolution awarding the contract to Aggregate Industries was presented and read: Document No. 8942 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 5932, 2006
SOUTHEND DRAINWAY EROSION REPAIRS
The staff report from the engineering department relating to bids for Project No. 5932, 2006 Southend Drainway Erosion Repairs, with recommendation to award contract to low bidder, Strata Corporation in the amount of $34,677.50.
It was moved by Council Member Gershman 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 DOWNTOWN BICYCLE PARKING PROPOSAL
The staff report from the engineering department relating to Downtown Bicycle Parking Proposal, with recommendation to approve engineering budget amendment No. 1 to transfer $2,709 from Fund 4108, Cash Carryover to Fund 4108, General Equipment-Bicycle Racks.
It was moved by Council Members Christensen and Kreun that this recommendation be approved
Council Member Hamerlik noted that Fargo is discussing in theirs and after several years had reasons to put something in and work out those things that are needed here and drop those that aren't needed here.
Council Member Christensen stated these bike racks are being located in the downtown area and what are plans for additional bike racks around the city; and encourage administration as part of the budgeting process put additional bike racks throughout the city. Mayor Brown concurred.
Council Member Gershman stated in looking to the future what would be wrong for the City of Grand Forks putting aside $2,700/per year to do the next area of town next year and continue doing another area and over a period of 5 years have bike racks around town.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative; Council Member Brooks voting against the motion.
AWARD CONTRACT FOR PROJECT NO. 5954, PHASE VI LANDFILL CLOSURE
The staff report from the engineering department relating to bids for Project No. 5954, Phase VI Landfill Closure, with recommendation to award contract to low bidder, Robinson Excavating, Inc. in the amount of $408,219.19.
It was moved by Council Member Gershman 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 and the contract awarded.
APPROVE FUNDING FOR RIVERSIDE POOL FLOOD
CLEAN-UP AND FUTURE USE STUDY
The staff report from the engineering department and finance/development standby committee relating to Riverside Pool Flood Cleanup and future Use Study, with recommendation to approve use of up to $30,000 of Greenway Betterment Funds to pay for cleaning Riverside pool facility and $20,000 of Greenway Betterment Funds to pay for a future use study of the pool facility.
Council Member Brooks asked if staff will be hiring consultant, had some discussion about making use of the experts we have in the city, and would like to see it in the hands of staff and if hire consultant to visit with offices of Park District and work with them.
Council Member Glassheim stated the purpose of this is for the City to make a decision on whether its going to put any money into renovating and/or operating Riverside Pool; in order for the City to feel that it is coming to a decision of its own, need a neutral second opinion; any consultant will certainly talk to the Park District and see all the figures that the Park District has accumulated, talk to engineering, flood control and bring some outside knowledge of how things are done and what costs are in other communities faced with a similar problem but before writing any report, they will talk to local people.
Council Member Hamerlik stated in order to be fair to the Park Board who has already made some decisions, fair to the people in that community and fair to the council, we need an outside opinion and money worthwhile spent.
Council Member Gershman stated if it can fiscally work, work with the Park District, and if able to correct the problems there, put in flood doors and make it fiscally viable, and that we talk about the Riverside Pool being for that neighborhood and is an amenity for the entire city; could be a draw for the entire community which it was before, and will support this and need to take the Park District's concerns very seriously.
Council Member Brooks asked as part of the study is the scope going to be collection of financial information and if include a recommendation of how the City would run it.
It was moved by Council Member Glassheim and seconded by Council Member Kerian to move approval of the recommendation, and asking staff to hire a consultant.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE FLOOD PROTECTION BETTERMENT
BUDGET
The staff report from the engineering department relating to Flood Protection Betterment budget, with recommendation to approve use of Flood Protection Betterment Funds for haul road restoration, perimeter stormwarter master plan, 3 ft. levee raise plan, miscellaneous items and cleanup, and Lustron home foundation and electrical; and authorize staff to request State cost sharing for 3 ft. floodwall/levee raise costs.
Council Member Kreun reported the numbers were if they completely reconstructed or repaired every road that was utilized, all the roads were not utilized and damaged to the same degree, some barely damaged and some were deteriorated before the haul started and thought that there might be some special assessments because they weren't totally damaged by the construction of the dike and that is how they came up with partial payment; and after finished will go back and reassess those roads to make sure that when the dike is complete that they are damaged because assuming some of them will be because of the use that they're going to get; don't know all of that; that we can put more money in there if you decide to but we felt that with some of the damage that would occur and some of the normal usage that would occur on some of the roads that got light use or might be some special assessment and would put that money aside, doesn't think it would be fair to the rest of the people in the community to totally pay for every single road that didn't have much damage by dike construction, and if want to change amount, they are open.
Council Member Kreun stated they have gone over every single road that has been colored in the map and have made that determination but it is somewhat subjective no matter what you do. He stated they wanted to get this into the State so the State can participate in this funding; and don't want to wait too long because could potentially miss that deadline for State funding, this has gone through quite a bit of research already, but looked at the whole situation and at the roads as best they could prior to construction and then when completed after construction, took that into consideration, but if want to put more money in there out of the Betterments, but at this point in time feel comfortable that we can adjust that because if you look at a lot of those roads in 2001 that they resurfaced a majority of them, put the overlays took that into consideration as well and wouldn't want to hold this up because of the ability to access State funds
Council Member Christensen stated that all he wants to do is to make sure that by approving this that we don't limit the additional money we might have from the Betterment Funds; Council Member Kreun stated he agrees because what is fair is fair.
Council Member Christensen moved approval of the recommendation with no less than $750,000 to be allocated to restore the roads currently meeting engineering departments listing, and that engineering look at need for additional money that should be allocated for roads impacted. Council Member Kreun seconded the motion.
Council Member Glassheim asked if they were considering doing the major and moderate items and then thinking about some percentage for the minor items, how much to the extent you can estimate and what was the damage caused by flooding and that is the damage the City should certainly help out with.and what was his thinking about the three major categories and how approach them.
Mr. Grasser stated they haven't got that defined to that point, did discuss at Flood Protection Committee whether pay 100% of some categories and some participation in other levels, one of the problems they ran into was that it was hard to define where they saw damage that they could definitely relate to the flood because many of these streets were not in the best shape before the flood, intent was to try to define from the city council, do we have an intent to move ahead with haul road restoration, and that builds on what Mr. Christensen and Mr. Kreun and number have talked about, and if have intent to follow through, lets put something in the budget as this process will take some refining and adding some additional dollars but not completely finished but have good solid intent here.
Upon call for the question and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE C.O.P.S. INTEROPERATIVE COMMUNICATIONS
PROJECT
The staff report from the police department relating to bid award - C.O.P.S. Interoperative Communications Project (Grant Funded), with recommendation to approve Project Steering Committee recommendation to award all three components of the project to Tait North America with a not to exceed value as previously approved within the C.O.P.S. Interoperative Communications Project grant budget (City of Grand Forks, $1,363,005.00; County of Grand Forks, $868,614.00; and Polk County, MN $1,270,572.00 for total of $3,502,191.00)
It was moved by Council Member Gershman 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.
AWARD SANITATION DIVISION COLLECTION
TRUCK BIDS
The staff report from the public works director relating to Public Works Department - Sanitation Division collection truck bids, with recommendation to approve bids of front load truck and compactor, and side load truck and compactor as per the following bid tabulations: 1) Front load compactor, $70,853.00, McNeilus; 2) front load truck, $103,792, Peterbilt of Fargo, Inc.; 3) side load compactor, $85,623.00, Sanitation Products, Inc.; and to approve not opening and return McNeilus bid due to failure to acknowledge Addendum #1 on outside of bid envelope; 4) side load truck, $97,256.00, Peterbilt of Fargo, Inc., for total expenditure of $357,524.00.
It was moved by Council Member Gershman 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 FINAL PLAT OF HOMESTEAD GROVE
SECOND ADDITION
The staff report from Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development, Inc. for final approval of the plat of Homestead Grove Second Addition to the city of Grand Forks, ND (located in the 1000 block of 47th Avenue South), with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.
Council Member Christensen moved approval of the plat, subject to the developer putting up a sign which outlines his areas as being platted and how area developed. Council Member Kerian seconded the motion. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, MAIER'S FOURTH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of the Grand Forks Growth Fund for final approval (fast track) of the Replat of Lot 1, Block 1, Maier's Fourth Resubdivision to the city of Grand Forks, ND (located in the 1000 block of South 48th Street), 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 Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPEAL TO SIGN CODE BY H AND H
PROPERTIES, LLC FOR INCREASE IN HEIGHT FOR
GROUND MONUMENT SIGN AT 405 BRUCE AVENUE
The staff report from the Planning and Zoning Commission relating to request from Cook Signs on behalf of H and H Properties, LLC for approval of an appeal to the sign code as provided for in Section 18-0301.1 Appeal of the Grand Forks Land Development Code; more specifically the appeal if to increase the maximum allowable height for ground monument signs from eight (8) fee to nine (9) feet for a proposed ground monument sign to be located at 405 Bruce Avenue in the Central Business District, with recommendation to grant approval to the request.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 16 THROUGH
33, BLOCK 2, CORNERSTONE ADDITION
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development, Inc. for final approval (fast track) of the Replat of Lots 16 through 33, Block 2, Cornerstone Addition to the city of Grand Forks (located on Bacon 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 Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT PETITION TO VACATE CUL-DE-SAC
ADJACENT TO LOT E, BLOCK 1, BROWN ADDITION
The staff report from Planning and Zoning Commission relating to request from Tim Brown on behalf of Brown Corporation and Dakota Ag.Park II for approval to vacate a cul-de-sac lying adjacent to Lot E, Block 1, Brown Corporation Addition to the city of Grand Forks, ND in order to continue a public road; with recommendation to approve request to vacate and to set the date of the public hearing as required by law.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is improper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for August 7, 2006. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT G,
BLOCK 1, PERKINS SECOND ADDITION
The staff report from the Planning and Zoning Commission relating to request from Tim Christian on behalf of Al Eide for final approval (fast track) of the Replat of Lot G, Block 1, Perkins Second Addition to the city of Grand Forks (located in the 3100 block of 342nd Avenue South), 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 Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF SOUTHBROOK 3RD
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development, Inc. for preliminary approval of the plat of Southbrook 3rd Resubdivsion being a Replat of Lot 18, Block 1, Southbrook Second Resubdivsion of the Replat of Lot 1, Block 1, Southbrook First Addition to the city of Grand Forks, ND (located in the 1400 block of 48th Avenue South), with recommendation to give preliminary approval of the plat subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE ORDINANCE AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON REPLAT OF LOT E, BLOCK
1, BROWN CORPORATION ADDITION
The staff report from the Planning and Zoning Commission relating to request from Tim Brown on behalf of Brown Corporation and Dakota Ag.Park II for preliminary approval of the Replat of Lot E, Block 1, Brown Corporation Addition to the city of Grand Forks (located in the Ag.Park on the Merrifield Road), with recommendation to give preliminary approval to the request, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing date for July 17, 2006.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman 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 Replat of Lot E, Block 1, Brown Corporation Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE REQUEST FOR APPEAL OF DECISION OF
PLANNING AND ZONING COMMISSION RE. PROPOSED
BILLBOARD SIGNS AT 2475, 2909 AND 2205 SOUTH
WASHINGTON STREET
The staff report from the Planning Department relating to request from the Planning Department for discussion and final action on the requests for an appeal to the city council of a decision of the Planning and Zoning Commission regarding approval of proposed billboard signs to be located at 2205 and 2909 South Washington Street; Planning and Zoning Commission approved said signs on June 7, 2006; with recommendation for discussion and final action on requests for an appeal of decision of the Planning and Zoning Commission regarding approval of proposed billboard signs.
Brad Gengler, city planner, focused on a few more recent changes - that Newman Outdoor Advertising withdrew their request to appeal the denial of the sign at 2830 South Washington Street, and information provided to the council of all correspondence they have received, stating opposition, map showing major corridors to give a broad picture of future outdoor advertising signs could be permitted, essentially the entire stretch of I-29, Gateway, DeMers and a portion of 32nd Avenue and North Washington and how the Code revision of December, 2005, turned out to allow additional signs in areas where they weren't otherwise permitted.
Mr. Gengler stated since they extended the extraterritorial they have to go back and do an inventory and whatever signs that exist between the 2 and 4 mile jurisdiction will be added to the cap of 90, which incorporates everything within corporate limits and within our zoning jurisdiction.
Omar Chahal, 2401 South Washington Street, South Forks Professional Building, voiced his opinion and that of all the partners in their building and objection to the billboards in those locations as they feel they will affect their signs and dwarf their building, that they want to maintain a professional building in the area and feel signage would affect them negatively.
Jim Flynn, 3357 Norkota Court, and owner of Red Ray Lanes, 2105 South Washington Street, stated that one of the proposed signs that has been approved is going to bound his south property line, sign at 2205 South Washington Street, now going to see a proliferation of billboards and out of area businesses advertising in their corridor and their signage has to compete with billboard signs for attention, and billboard signage would be distracting, provide clutter and on an improving aesthetic of the area the fit doesn't seem to wear quire right. He asked the council to reconsider the action of the Planning and Zoning Commission in approving the sign at 2205 South Washington Street and in general the billboard signage along South Washington corridor. He was asking for reconsideration of the Planning and Zoning Commission's actions. There were 10 people in the audience who were opposed to the signage.
Mr. Gengler stated any letters opposing the signage were enclosed in the packets provided to the council. Letters of notification were sent out to businesses within 200 ft. of the signage were sent May 30 and Code does require 200 ft. mailing radius but went over on some of the corridors.
Greg Norman, Norman Funeral Home, objected to the signage because of blight and clutter, not appropriate in town, doesn't want signage on their street, and asked for reconsideration, that City has invested in new roadway and niceties there, and big step backwards.
Council Member Kreun stated because of deteriorated signs when they can't repair it or replace it and those individuals would like new ones and having them updated and replaced, and that is why the Code was revisited - compromise and new and updated signs that do not deteriorate the traffic flow and sight lines to enhance and beautify - Code states fitting and compatible and have to look at businesses with the old and deteriorated signs, that there is a cap of 9 signs on South Washington from DeMers Avenue, and for those businesses to put up a new sign they have to tear down an old sign, not adding more signs - only replacing.
Council Member Glassheim asked if we have the authority to turn these down or are we bound by Code to accept them, and on what grounds can we decide to deny or overrule, or perhaps fitting and appropriate. Mr. Gengler stated the appeal process was left reasonably short and somewhat vague, it states that "the applicant or any property owner within 200 feet of the proposed off-premise advertising sign structure, shall have the right to appeal the decision of the Planning and Zoning Commission to the city council.", and based on that would assume at your discretion you have the ability to override the decision.
Council Member Christensen stated that we are bound by the Code but if have factual finding to deny this, that the Planning Commission approved 3 out of 4 and they didn't make any decision findings as to why they didn't approve and there is objective test we must find as to where they are wrong. Mr. Warcup stated the test would be fitting and compatible and council would have the discretion to make that finding that these particular signs which are appealed before the city council tonight are not fitting and compatible.
Council Member Glassheim questioned number of signs we are dealing with, and how many are currently on South Washington Street. Mr. Gengler reported that 90 refers to the cap that was placed on overall signs in the city as well as extraterritorial jurisdiction, and that cap has been reached, and there are 9 outdoor advertising billboards, the 9 signs you are referring to is a mini-cap that was placed on the South Washington corridor from DeMers to the southerly extension of our ET, that now there is an existing sign at Domino's as well as 3 smaller existing signed located east of Washington between 40th and 47th which will be removed in the near future and the signs that are being presented to council this evening, if approved, would have to take out a non-conforming sign elsewhere and replace it one for one because the cap is reached in the city itself - He stated that South Washington corridor is the only corridor that has to meet a special approval process for fitting and compatible determination whereas all other corridors as long as they follow the black and white letter of the law, come to staff and give information, site plan and if meets criteria, and goes no further than staff.