Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 17, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 17, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara (teleconference), Glassheim, Gershman, Christensen, Bakken, 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 reminded everyone to attend the upcoming air show, Thunder over the Red River, this coming Saturday at the Air Force Base, admission and parking are free for the event which is open to the public, gates open at 9:00 a.m. and aerial performances begin at 11:00 a.m. Part of the show includes the Black Daggers which are made up of volunteers throughout the Army's Special Operations Community and use special parachutes that allow them to jump from an altitude of 12500 ft. and free fall for about 2 miles at approx. 120 mph.
Take time to visit some of the communities celebrating anniversaries this year and take part in the local festivities.
He invited everyone to join him for a walk on the greenway this Wednesday, start at 12:15 p.m. at City Hall and take a short walk on the trails.
Thursday evening the first summer block party with the Town Square Farmers Market and entertainment starts at 5:00 p.m. and thanked JLG for efforts in getting this event underway.
Congratulated surrounding cities for birthday celebrations; and this Saturday before the air show is planning to meet some people in Northwood for their annual event.
This past weekend the Annual Bikers Sunday Ride and Car Show sponsored by the First Presbyterian Church and very well attended and this is the 4th Annual Toy Run to collect toys for children of those serving in the armed forces.
Students from University of North Dakota were present and stated that under the teaching of Shelly Michaels, have started a campaign called "Support our Soldiers with Tender Loving Care from University of North Dakota or SOS with TLC from UND", that it consists of their adopting the women of 188th or Ladies of Liberty for various care packages which they are calling "creature comfort care packs", that they have invited the community as well as area businesses to donate various products to help support and show support to the women of the 188th;.and if anyone would be interested to contact Shelly Michaels by requesting her information through the City Information Office in City Hall or make donations at JB's Hair Salon. They presented council members with a magnet and a challenge coin from Soldiers Angels which is a national organization that supports soldiers overseas as well. They stated there will be a Ladies of Liberty celebration in October with entertainment provided by the Grand Forks City Band. Ms. Michaels thanked Mayor Brown for writing a letter to the troops.
Council Member McNamara commended Shelly and that he can't tell you what it means here with tough days they have, and young men killed and the ones left behind have to go back out the following day; it is so important to these young guys that their country reached out to them and commended Shelly and her group and that they will never know of the impact they have over here and wanted to thank them and the greater Grand Forks community for all that they do for everybody.
ELECT OFFICERS OF THE CITY COUNCIL
Council Member Kreun nominated Council Member Gershman for president of the city council for the two year term ending in June, 2008. It was moved by Council Member Kreun and seconded by Council Member McNamara to cease nominations and to cast unanimous ballot for Mr. Gershman. Carried 6 votes affirmative.
Council Member Gershman nominated Council Member Glassheim for vice president of the city council for the term ending in June, 2008. It was moved by Council Member Gershman and seconded by Council Member Christensen to cease nominations and to cast unanimous ballot for Mr. Glassheim. Carried 6 votes affirmative.
Council Member Bakken nominated Council Member Christensen to chair the finance/urban development committee for a two-year term ending in June, 2008. There were no further nominations, and it was moved by Council Member Brooks and seconded by Council Member Kreun. Carried 6 votes affirmative.
Council Member Christensen nominated Council Member Kreun to chair the service/safety standby committee for a two-year term ending in June, 2008. There were no further nominations, and it was moved by Council Member Christensen and seconded by Council Member Gershman. Carried 6 votes affirmative.
It was noted that the committee selection process will take place this week.
ADOPT ORDINANCE NO. 4151, AMENDING STEET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE REPLAT OF LOT E, BLOCK 1,
BROWN CORPORATION 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 Replat of Lot E, Block 1, Brown Corporation Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 19, 2006 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 called for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Tim Brown on behalf of Brown Corporation and Dakota Ag. Park II for final approval of the Replat of Lot E, Block 1, Brown Corporation Addition to the city of Grand Forks (located in the Ag. Park on Merrifield Road), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy, and to include final approval of the ordinance.
It was moved by Council Member Gershman 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 the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5815, DISTRICT NO. 624
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 624, Project No. 5815, construction of paving on South 11th Street from 44th to 47th Avenues South, 44th Avenue South from South Washington Street to South 11th Street, and 46th Avenue South from South Washington Street to South 11th Street in Homestead Grove 1st Addition, had expired on July 6, 2006, and that no written protests had been filed with his office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8949 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest against Paving District No. 624, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5815, DISTRICT NO. 624
The city auditor presented and read tabulation of bids which had been received and opened on July 10, 2006 for Paving Project No. 5815, District No. 624, paving South 11th Street from 44th to 47th Avenue South, 44th Avenue South from South Washington Street to South 11th Street, and 46th Avenue South from South Washington Street to South 11th Street in Homestead Grove 1st Addition, indicating that Aggregate Industries-NCR, Inc. was the low bidder based upon their bid in the amount of $360,426.70: Document No. 8950 - Bid Tabulation.
The city engineer's estimate of total cost for Project No. 5815, District No. 624, in the amount of $480,130.00, was presented and read.
The staff report from the engineering department relating to consideration of bids for Project No. 5815, District No. 624, paving Homestead Grove First Addition, with recommendation to award contract to low bidder, Aggregate Industries, in the amount of $360,426.70.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved and the resolution awarding the contract to Aggregate Industries-NCR, Inc. was presented and read: Document No. 8951 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
APPROVE AGREEMENT WITH CPS, LTD. FOR ENGINEERING
SERVICES FOR PROJECT NO. 5939, DISTRICT NO. 448
The staff report from the engineering department relating to engineering services agreement with CPS, Ltd. for Project No. 5939, South 34th Street area storm sewer improvements, with recommendation to approve design and construction engineering agreement with CPS, Ltd. in the amount of $33,190.00.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT AND DIRECT ENGINEERING DEPARTMENT TO
PREPARE ENGINEER'S REPORT FOR PROJECT NO. 5939,
SEWER DISTRICT NO. 448
The staff report from the engineering department relating to creating special assessment district for Project No. 5939, District No. 448, South 34th Street area storm sewer improvements, with recommendation to approve creation of the special assessment district, direct engineering department to prepare an engineer's report for Project No. 5939, District No. 448.
Council Member Christensen stated he wanted it on the record that we're creating the special assessment district subject to the report they are going to receive from CPS and subject to notification of the affected property owners who are already paying special assessments within the district of meeting to get input and further that the district might be made smaller.
Council Member Christensen introduced the following resolution creating the assessment district, which was presented and read: Document No. 8952 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Bakken that the recommendation be approved and the resolution creating the special assessment district for Sewer Project No. 5939, District No. 448, be adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
APPROVE EXTENTION OF JOINT POWERS AGREEMENT
FOR GRAND FORKS COUNTY PUBLIC SAFETY ANSWERING
POINT
The staff report from the director of PSAP relating to request for approval of the Grand Forks County Public Safety Answering Point Joint Powers Agreement to correspond with the lease agreement, with recommendation to approve the extension.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PSAP RELOCATION PROJECT AND LEASE
AGREEMENT WITH GRAND FORKS COUNTY
The staff report from the director of PSAP relating to request for approval of the PSAP Relocation Project and lease agreement between the PSAP and Grand Forks County, with recommendation to approve the Grand Forks PSAP leasing space from the County of Grand Forks.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved
APPROVE BID FOR EQUIPMENT FOR WATER UTILITY
The staff report from water utility relating to trailer mounted vacuum excavator, with recommendation for approval of the bids as presented - to award bid to Ditch Witch of ND in the amount of $39,950.00.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE APPOINTMENT TO DOWNTOWN DESIGN
REVIEW BOARD
The staff report from Mayor Brown relating to Downtown Design Review Board appointment, with recommendation to approve the appointment of Tricia Halverson Lunski as a downtown business owner/operator representative for a term of three (3) years.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 6, 7 AND
8, BLOCK 1, SOUTHERN ESTATES 4TH ADDITION
The staff report from Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval (fast track) of the Replat of Lots 6, 7 and 8, Block 1, Southern Estates 4th Addition to the city of Grand Forks (located at 2293, 2301 and 2331 43rd 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 Bakken and seconded by Council member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT PETITION TO VACATE ALLEY IN BLOCK 4, AND
STREETS ADJ.TO BLOCKS 1, 4 AND 5, HUBERT'S ADDITION
The staff report from the Planning and Zoning Commission relating to petition from the City of Grand Forks for approval too vacate an alley located in Block 4 and streets adjacent to Blocks 1, 4 and 5 of Hubert's Addition to the city of Grand Forks, 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 Bakken and seconded by Council Member Kreun that this recommendation be approved, that the petition filed is in proper form and contains the required 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 Monday, August 21, 2006. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 10, BLOCK
B, WEST FORKS TOO RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Violet Theis for final approval (fast track) of the Replat of Lot 10, Block B, West Forks Too Resubdivision to the city of Grand Forks (located at 17th Avenue North and North 52nd Street), with recommendation to give final approval to the request, to include a variance from Section 18-0204, definition of a minor subdivision, subject to the conditions shown on the review copy.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
INTRODUCE ORDINANCE TO ANNEX PORTION OF
LANDS PLATTED AS LOT 10, BLOCK B, WEST FORKS
TOO RESUBDIVISION, REPLAT OF BLOCKS 1 AND 9,
KORYNTA-LEMM SUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from the Planning Department for approval of an ordinance to annex to the City of Grand Forks, ND, the southerly 247.0 feet of the easterly 410.0 feet of lands platted as Lot 10, Block B, West Forks Too Resubdivision, being a Replat of Block 1 and 9, Korynta-Lemm Subdivision, Grand Forks County, ND, with recommendation to approve request for approval of an ordinance of annexation.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved, and the public hearing set for August 7, 2006. Carried 7 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance to annex the southerly 247.0 feet of the easterly 410.0 feet of lands platted as Lot 10, Block B, West Forks Too Resubdivision, being a Replat of Blocks 1 and 9, Korynta-Lemm Subdivision, Grand Forks County, North Dakota", which was presented, read and passed on its first reading.
APPROVE FINAL PLAT OF THE PLAT OF HUGHES
SECOND RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks, Tom and Mary Sand, and Paula Davis, for final approval (fast track) of the plat of Hughes Second Resubdivision to the city of Grand Forks (located at 3605 and 3611 Belmont Road), with recommendation to approve the request, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR REST HOME IN HOMESTEAD GROVE SECOND
ADDITION
The staff report from Dale Mellum of The View on behalf of Crary Development, inc. for approval of a conditional use permit (CUP) for a rest home (memory care unit), located on Lot 8, Block 3, Homestead Grove Second Addition to the city of Grand Forks, North Dakota on the 4600 block of South 11th Street, with recommendation to approve request, subject to the conditions: 1) approval of any applicable federal, state and local requirements placed on the facility; 2) approval of site plan, which must be in conformance with the utility plan in the area; and 3) this CUP must be reviewed if the use on this property changes.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
TABLE REQUEST TO AMEND TEXT OF LAND DEVELOP-
MENT CODE, RELATING TO SINGLE FAMILY RESIDENCE
DISTRICTS AND ONE AND TWO FAMILY RESIDENCE
DISTRICTS AND REFER TO SERVICE/SAFETY COMMITTEE
the staff report from the Planning Department on behalf of the City of Grand Forks for preliminary 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 2, Zoning Section 18-0208 R-1 (Single-Family Residence) District and Section 18-0209 R-2 (One and Two Family Residence) District, with recommendation to grant preliminary approval of the ordinance and schedule a public hearing for August 21, 2006.
Council Member Gershman moved to table this matter and refer it to the Service/Safety Standby Committee because: it is not time sensitive, that he is concerned that in the attempt to address the issues in the University district that we are affecting the entire town and could create areas in town that would have 45 ft. lots. He noted that at one time the city attorney suggested that they do an overlay district of that area and take care of the rezoning there in order to get rid of the non-conforming properties, and should look at that. Council Member Bakken seconded the motion. Carried 7 votes affirmative.
INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN R-4 (MULTIPLE FAMILY RESIDENCE
MEDIUM DENSITY) DISTRICT LOTS M AND N OF REPLAT
OF LOTS C THROUGH I AND LOTS K AND L, BLOCK 1 OF
REPLAT OF LOT 1, BLOCK 1, OJ'S ADDITION
The staff report from the Planning and Zoning Commission relating to request from Dakota Commercial on behalf of Drew Lenthe Enterprises, Inc. for preliminary approval of an ordinance to amend the zoning ma to rezone and exclude from the B-3 (General Business) District and to include within the R-3 (Multiple-Family Residence, Medium Density) District, Lots M and N of the Replat of Lots C through I and Lots K and L, Block 1 of the Replat of Lot 1, Block 1, O.J.'s addition to the city of Grand Forks, North Dakota (located in the 3600 and 3700 blocks of 13th Avenue North), with recommendation to give preliminary approval of the ordinance and set a public hearing for August 21, 2006.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple Family Residence, Medium Density) District, Lots M and N of the Replat of Lots C through I and Lots K and L, Block 1 of the Replat of Lot 1, Block 1, O.J.'s Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE FINAL PLAT OF SOUTHBROOK 3RD RESUB-
DIVISION
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development, Inc. for final approval of the plat of Southbrook 3rd Resubdivision, being a Replat of Lot 18, Block 1, Southbrook Second Resubdivision 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 final approval to the plat, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
INFORMATIONAL ITEM
The Statement of Changes in Cash Balances as of June 30, 2006, was presented and read.
APPROVE BILL LISTING
Vendor Payment No. 06-14, dated July 14, 2006, totaling $1,449,301.55, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that these bills be approved and the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES
Typewritten copies of the minutes of the special meeting held on June 26, 2006 and of the minutes of the council meeting held on Thursday, July 6, 2006 were presented and read.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that these minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member McNamara asked for response on questions he had received re. water usage rates. Todd Feland, supt of public works, reported that the city of Grand Forks does not have a sprinkling rate but for residential users there is a 10,000 gal. cap on the amount of water usage; that if a person uses 12,000 gal. of water during the summer months, the charge on the wastewater side up to 10,000 and the rest is part of the water usage and is not charged to the wastewater. For commercial users there is no cap of 10,000 gal. or for commercial or industrial user on the water usage. He stated during the cost of service study and rate making a few years ago, they do not have a declining block rate, whereas before the more water you used the lower the rates were; that now have a residential rate, commercial and light industrial rate and a heavy industrial rate and do not have a rate system which provides a benefit for more water usage. He stated with the concerns of scarcity of water that most communities in arid areas have an inclining rate and the more water you use, the higher rate you pay; but in Grand Forks have an even rate and one of the concerns we have is that water plants are built for peak dates, not for average days - that we have a 16 mgd plant, however on most days, during the winter we use 7 to 8 mgd of water but have a peak on our plant because we know we will have warm summer days and concern is that you do not want to promote a lot of summer usage of water because of today's scarcity of resources want to promote wise use of water.
2) Council Member Kreun reminded everyone that they have a service/safety committee tomorrow at 5:00 p.m. in Room A101, and one of the issues is the alcohol server training ordinance and the drought contingency plan as well as annexation discussion. He also noted that Thursday's work session that they won't have people here from Minneapolis as have the information and not bring them in at that time, but have our own discussion and bring it back to committee.
Council Member Christensen reported that they are they will discuss the audit report on Thursday at 4:00 p.m. and at 5:00 p.m. will review the pension matters and if have questions or explanation from the city auditor and Mr. Kreun, and try to develop our questions before asking pension reps. to come in.
3) Council Member Gershman asked for e-mail on the Belmont and Lincoln Park project, the lot has been prepared for paving and when will that be completed.
He thanked city council member for confidence and appreciates it very much and hopefully will do a good job and appreciates working with all of them.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
______________________________________
Michael R. Brown, Mayor