Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 21, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 21, 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, Christensen, Kerian, Kreun, Gershman - 7; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown commented on various events during the past week and upcoming events:
Congratulations to new Eagle Scouts who were awarded this honor designation on Sunday, it was an honor to be there for the ceremony and hear speech from Drew Wrigley, federal attorney.
Congratulations to local wrestlers for hard work and victories in State this past weekend, including John Basting of Red River for his state championship and O'Neill who placed third.
He reported he had called upon the leaders of several agencies as well as several citizens to help convene a cabinet on youth for our community, the cabinet will remain primarily of adults who serve as practitioners or policy makers in areas ranging from early childhood health to post secondary employment skills and initial goals will be to consider the best way to convene a youth commission made up of area young people and thanked individuals who have expressed interest in the cabinet.
Another meeting with young people is scheduled for the city council and UND Student Senate for this Sunday at Memorial Union and want to make sure we have an open and honest dialogue with them.
He stated a forum is scheduled for 5:30 p.m. to 6:30 p.m. on March 6, that this is a joint effort of the County, Schools, Park and City to get information out on how someone can run for elected office and what to expect if they are elected, and intent is to encourage and help facilitate more people getting involved with the elected boards; and pleased that we have the ability to broadcast the forum on government channel 2.
That on behalf of the City he expressed a sincere thank you and congratulations to two people who will be retiring from city service: Darrel Berg, street equipment operator who has been with the City for 31 years; and Harold "Shorty" Holweger who has been with the City for 40 years; and best to them in their retirements.
He wished all the players, coaches, parents, fans well in the upcoming state hockey tournament.
ADOPT ORDINANCE NO. 4124, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTHERN ESTATES PUD (PLANNED
UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 6, ALL OF COLUMBIA PARK 24TH AND
26TH ADDNS., COLUMBIA PARK 29TH RESUBDIV., ALL OF
SOUTHERN ESTATES FIRST, SECOND, THIRD, FOURTH
AND FIFTH ADDNS. INCLUDING UNPLATTED PORTION
OF SOUTH HALF OF SECTION 21, T151N, R50W OF 5TH P.M.
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third, Fourth and Fifth Additions to the city of Grand Forks, North Dakota and also including unplatted portion of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on January 17, 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 opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third, Fourth and Fifth Additions to the city of Grand Forks, ND and also to include unplatted portions of the South Half of Section 21, Township; 151 North, Range 50 West of the 5th Principal Meridian (located east of Columbia Road between 36th Avenue South and 47th Avenue South), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kerian and seconded by Council Member Christensen 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.
RECONSIDER ORDINANCE NO. 4123, RELATING TO
MOTOR VEHICLE RENTAL TAX
Howard Swanson, city attorney, reported that at the last meeting of the city council they gave final approval to the ordinance imposing a rental tax on motor vehicles rented at the airport or picked up at the airport, that after communication with the State Tax Commissioner's Office, they have asked for some modifications to the ordinance and has redrafted those modifications to substitute the state tax commissioner's office for the city auditor, and that the state tax commissioner would like to have additional time to administer the tax and that the city auditor is recommending that the effective date be changed, that other than those there are no substantive changes to the ordinance, and procedurally would be a motion to reconsider, and then the matter would be before the council for further discussion and action.
It was moved by Council Member Gershman and seconded by Council Member Kreun to reconsider the council's action on February 6, 2006, relating to the adoption of Ordinance No. 4123, relating to motor vehicle rental tax. Carried 7 votes affirmative.
Hadley Freng, general manager of Herz Rent-A-Car, thanked Mr. Swanson and Mr. Schmisek for their work in helping them address several questions they had with the ordinance, and that he would very much like to see April 1, 2006 as enforcement of the tax due to the fact that they already have a majority of their reservations booked for the first 10 days of March and customers know nothing about this; that he knows that the law is very specific in the fact that the council cannot mandate how the funds should be used by the Convention & Visitors Bureau but asked if the council could urge the Convention & Visitors Bureau to work with the Airport Board and Mr. Johnson on joint promotions, that they are aware of the struggles of the Grand Forks Airport Authority is having with the airlines and that could be beneficial in the fact that if get more rentals they get more tax.
Council Member Gershman moved the amendments to the ordinance, including the change in the effective date from March 1, 2006 to April 1, 2006. Council Member Brooks seconded the motion.
Council Member Gershman stated he had received a call from a representative of the car rental agencies at the airport who are very supportive of this tax because it is for the benefit of promoting Grand Forks, that he had sent an e-mail to Julie Rygg at the CVB requesting that she take up the issue with their Board about working with the Airport to promote airport development which actually brings people to town, esp. Canadians that are starting to come to use the airport, etc.; that we cannot mandate to the CVB but could have a sense of the council that we would urge them to work closely with the Airport Authority on promoting the airport along with this extra money.
Council Member Christensen moved to amend Council Member Gershman's motion to include as part of that motion a sense of the council that the council do as Mr. Gershman stated that we would ask Convention & Visitors Bureau work hand in hand with the Grand Forks Airport Authority for joint promotion of the Grand Forks Airport Authority. Council Member Kreun seconded the motion.
Mr. Swanson stated he would interpret the motion as an attachment to be considered separate and apart from the ordinance but could be voted upon in one procedure; it is a resolution, the original motion amends an ordinance and there are two separate vehicles but if act upon it in one, will interpret the intent of that as adopting concurrence with the ordinance in separate resolution encouraging the CVB to act accordingly.
Mayor Brown stated the public hearing is closed
Upon call for the question on Council Member Christensen's motion before the council, and upon voice vote, the motion carried 7 votes affirmative.
Upon call for the question on Council Member Gershman's motion as amended, and upon voice vote, the motion 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.
AWARD BANKING SERVICES CONTRACT TO WELLS
FARGO BANK
The staff report from the finance department relating to matter of bids for banking services, with recommendation to award a five-year banking services contract to Wells Fargo Bank.
It was moved by Council Member Hamerlik seconded by Council Member Kreun that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Brooks and seconded by Council Member Hamerlik. Carried 6 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 6 voted affirmative; Council Member Gershman recused.
APPROVE POLLING SITES FOR JUNE 13, 2006 ELECTION
The staff report from the Mayor's Office relating to polling sites for the June 13, 2006 election with recommendation to approve the list of polling sites.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT TO EVENTS CENTER COMMISISON
The staff report from Mayor Brown relating to the appointment to the Events Center Commission, with recommendation to confirm the reappointment of Phil Harmeson as the University of North Dakota representative on the Grand Forks Events Center Commission for a three-year term.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ABATEMENT OF 2005 TAXES ON PROPERTY
AT 1089 OXBOW COURT
The staff report from the city assessor relating to application for abatement for 2005 taxes by Mark Weber, 1089 Oxbow Court, with recommendation to Board of County Commissions that the application be approved as submitted.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 7 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 5893, LIFT
STATION 17A, FORCEMAIN REPAIR
The staff report from the engineering department relating to bids for Project No. 5893, Lift Station 17A, forcemain repair, with recommendation to award contract to United Crane and Excavating in the amount of $65,128.00
It was moved by Council Member Gershman and seconded by Council Member Kreun 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. 5881
The staff report from the engineering department relating to engineering services agreement with CPS, Ltd. for Project No. 5881, paving and street lights in Zavoral's First Addition, with recommendation to approve design and construction engineering agreement with CPS, Ltd. in the amount of $92,482.00.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7, voting "nay": none. Mayor Brown declared the motion carried.
APPROVE EXECUTION OF COST PARTICIPATION ,
CONSTRUCTION AND MAINTENANCE AGREEMENT
WITH NDDOT FOR PROJECT NO. 5849
The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 5849, 2006 TE Shared Use Path, North 55th Street and University Avenue, with recommendation to approve execution of the agreement with the NDDOT for Project No. 5849, contingent on final staff and city attorney review.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. mayor Brown declared the motion carried.
ACCEPT BIDS FOR VEHICLES FOR POLICE DEPARTMENT
The staff report from the police department relating to request to accept vehicle bids, with recommendation for approval and acceptance of the bid from Hansen Ford Lincoln Mercury for the purchase of the compact truck in the net price of $12,742.60.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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.
ACCEPT BIDS FOR PUBLIC WORKS DEPARTMENT
FLEET VEHICLE BIDS
The staff report from the director of public works relating to public works fleet vehicle bids, with recommendation to approve bids as per the following and attached bid tabulations from Rydell's: 3 4WD 1/2 ton pickups for sanitation (landfill), wastewater, street divisions @ $16,675.00 for a total of $50,025.00; 1 2WD 1/2 ton pickup for sanitation (collection) division @ $15,586.00; 2 4WD 3/4 ton pickups for streets and water distribution @$17,996.00 for a total of $35,992.00; and 1 midsize utility vehicle in the amount of $19,899.00; for a grand total of $105,916.00.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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 bids accepted.
ACCEPT WATER METER AND REMOTE READ BIDS
The staff report from the water utility department relating to water meter and remote read bid summary, with recommendation for approval of bids to Dakota Supply Group for meters and remote read (ERT) in the amount of $35,612.42.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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 bids accepted.
APPROVE BUDGET AMENDMENT TO ELIMINATE
SENIOR RIDER ACCOUNTS
The staff report from the director of public works and superintendent of public transportation relating to budget amendment to eliminate senior rider accounts, with recommendation to approve the budget amendment in the amount of $261,923.00 - to consolidate the senior rider budget with the dial-a-ride and public transportation budget
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, BALTIC FIRST RESUBDIVSIION
The staff report from the Planning and Zoning Commission. relating to request from the City of Grand Forks on behalf of the Grand Forks Chamber of Commerce for final approval (fast track) of the Replat of Lot 1, Block 1, Baltic First Resubdivision to the city of Grand Forks, ND (located at 202 North Third Street), with recommendation to give final approval to the request, subject to conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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 THE PLAT OF SOUTHERN
ESTATES 5TH ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates, LLP for preliminary approval of the plat of Southern Estates Fifth Addition to the city of Grand Forks, ND (located west of South 20th Street between the Southend Drainway and 43rd Avenue South), also to include approval of a variance to the subdivision regulations Section 18-0907(2)(I) relating to rights of way width for local streets, with recommendation to give preliminary approval to the plat, to include approval of a variance to the subdivision regulations relating to rights of way width for local streets, subject to the conditions shown on or attached review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan and to set a public hearing for March 20, 2006.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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 plat of Southern Estates 5th Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING TEXT OF LAND
DEVELOPMENT CODE, CHAPTER XVIII, CONDITIONAL
USES IN VARIOUS DISTRICT ZONES RELATIANG TO
INDOOR SHOOTING GALLERIES AND RANGES
The staff report from the Planning and Zoning Commission relating to request from Planning Department 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 Section 18-0217 B-4 (Central Business) district, subsection (3) Conditional Uses; Section 18-0216 B-3 (General Business) District, subsection (3) Conditional Uses; Section 18-0218 I-1 (Light Industrial) District, subsection (3) Conditional Uses; and Section 18-0219 I-2 (Heavy Industrial) District, subsection (3) Conditional Uses, all relating to indoor shooting galleries and ranges, with recommendation to grant preliminary approval to the ordinance and set a public hearing date for March 20, 2006.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code, Article 2, Zoning, Section 18-0217 B-4 (Central Business) District, subsection (3) Conditional Uses; Section 18-0216 B-3 (General Business) District, subsection (3) Conditional Uses; Section 18-218 I-1 (Light Industrial) District, subsection (3) Conditional Uses; and Section 18-0219 (Heavy Industrial) District, subsection (3) Conditional Uses; all relating to indoor shooting galleries and ranges", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO EXTEND THE EXTRATERRITORIAL ZONING
JURISDICTION TO FOUR MILES BEYOND CORPORATE
LIMITS AND TO REZONE ALL THOSE LANDS LYING
BETWEEN THE TWO MILES AND FOUR MILES OF THE
CORPORATE LIMITS TO THE A-1 LIMITED DEVELOPMENT
DISTRICT
The staff report from the Planning and Zoning Commission relating to the request from the Planning Department on behalf of the City of Grand Forks, ND for preliminary approval of an ordinance to amend the zoning map of the city of Grand Forks as it relates to extension of the extraterritorial zoning jurisdiction from two (2) miles to four (4) miles, with recommendation to give preliminary approval to the ordinance and to set a public hearing for March 20, 2006.
Council Member Glassheim asked what the difference was between this item and the request 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 it relates to the City's extraterritorial zoning jurisdiction. Mr. Swanson stated this item is an amendment of the zoning map, the next item is the ordinance which identifies the extraterritorial jurisdiction change from two to four miles, have to change both the zoning map and the language in the ordinance which identifies or establishes the extraterritorial zoning jurisdiction.
Council Member Glassheim stated he has been contacted by people in the two to four mile zoning with questions he was unable to answer, and wanted to make sure we were proceeding in a way that was justifiable and rational which seems to be the purpose of zoning, esp. long term zoning, and asked if Earl Haugen, MPO, has been involved in the contract with the consultants who studied this matter and if he would speak to this - what is the point of our expanding this, how did this come about that we moved to do it, and that there is some feeling on the street that we are doing because of a potential landfill site.
Earl Haugen, MPO, stated the landfill has not been a part of the process, and that the 1997 legislation allowed the City to go out an additional two (2) miles, that in 1997 we were recovering from a flood and the focus was on the recovery of that flood; that in 2001 working with the MPO the City Planning Department was initiating an update of the Land Use Plan that was developed prior to the flood, and at that time the discussion of the two to four mile extension came up, that Planning Department's effort to complete an update of the Land Use Plan did not finalize, and in 2004 the City asked the MPO to step in and complete an Land Use Plan, and at that time they again looked at issues including an extension of the two to four mile area in 2004 and have been working since 2004 on a Land Use Plan Update that addresses that issue among other issues, during that time siting of the landfill was a separate process resulting in the Turtle River Township proposal and for the project team, himself and consultants and other staff, the landfill has been a separate issue or process from the Land Use Plan Update.
Council Member Glassheim stated that a number of people have spoken to him about the possibility of taking less than the full four miles of zoning and asked why wouldn't we just take what we need and as things develop in the future go farther, and why do we need to do the whole thing now.
Mr. Haugen stated it is prudent planning to go out as far as you can, the premise of the land use plan update as previous land use plans have been is for growth of the city to occur in the city or next to the city rather than around the city, growth around the city in essence ends up with boxing the city in and your past land use plan efforts and this current land use plan effort build upon that philosophy; that we started looking at perhaps not extending the full four miles but looking at corridors of concern, corridors being the major arterials into the city from outside, when you map those out plus the city currently has its existing landfill and lagoon systems outside the city's jurisdiction that once you bring those in along with the corridors of concern, there is very little land left to not bring in under the philosophy of controlling growth around Grand Forks. The last fact is that we have been working with the County and their land use plan and see in the County plan that wherever the City's extraterritorial land use may end the County has been proposing that to be in a rural residential district, meaning that its more likely that rural sprawl could occur just outside the city's jurisdiction line, and for those various reasons it ended going out the full 4 miles in all directions.
He noted the north/south corridors are County Road 8, Washington, Columbia, Airport 5, and east/west ones are Merrifield, 32nd Avenue, DeMers, Gateway Drive, North Washington up to the Interstate and as start mapping those corridors out, they encompass most of that 2 to 4 mile area already, and when take in the current landfill and lagoons on the northwest portion of the area very little left that would be outside, and there could be, and discussed this with the Land Use Subcommittee, that between Merrifield Road and 32nd Avenue an island of non-city, but that seemed not advantageous for anybody to not know for sure what lines are where, boundary jurisdictions and not creating any islands.
He stated they are building a flood protections system and if the southern extent of that is outside the city, there is reason to try to capture growth inside that protection system, to have growth occur just on the other side of that seems to negate why we're building that protection system.
Mr. Haugen stated that Tier 3 is mostly in the 2 to 4 mile area and the Tier 3 area is to preserve the agricultural land that is out there, predominant land parcel size are greater than 40 acres and there are rural residential developments already existing that will be grandfathered into the system so not proposing to destroy or demolish anything that is out there but prevent further rural residential developments primarily to occur. He stated our goal is to preserve the agricultural land that is out there as a base and there are inherent conflicts between agricultural land uses, modern equipment, modern techniques and all kinds of farm operations with rural residential areas.
Mr. Haugen stated the airport is going through an update of their master plan, their consultant has identified some compatibility zones with the airport and we are trying to accommodate their desires for those compatibility zones.
Council Member Glassheim asked if Mr. Haugen could list top ten reasons to do this for public's information what are some of the important reasons rationales for doing this, the City zoning in the two to four mile area. Mr. Haugen stated they have discussed them: preserving agricultural land that is out there, not just for today but long range planning so preserved for the future; airport compatibility, flood protection system that is currently under construction, and as have heard from township reps. in the past, a lot of this rural growth does not pay for itself for the services that it needs, we do have some accommodation of growth that we're trying also to occur within other political boundaries such as the School District and the Park District, and for those above stated reasons and more that he won't take time to go through and was easily able to come up with the top 10 listing.
Robert Drees, supervisor in Brenna Township, presented resolutions passed by their township as well as from the 41 other townships in Grand Forks County that were represented recently at the Grand Forks County Officers Assn. opposing the extraterritorial zoning and would like to propose some alternatives rather than going the full 4 miles. Currently about one-fourth of Brenna Township is within the 2-mile zone and after the 4 mile zone comes through about two-thirds of their township will be in the city zoning. SRF Consulting which was hired by the MPO indicated that their proposed extraterritorial zoning boundary does not have to be the full limit and does not have to be uniform in order to accommodate the City's growth in the future; they also recognized the importance of managing transportation corridors as was alluded to by Mr. Haugen. This zoning would receive support from both the County and the Townships and on the overlay they took the corridors as was indicated earlier, County Road No. 5, Merrifield Road, 32nd Avenue and Columbia Road South. He stated if you only zone along the corridors or the 40-acre increments for the quarter mile width down each corridor.
He stated the corridors as indicated on the map are Demers Avenue, Highway 2, 32nd Avenue, Merrifield Road, and County Road No. 5 to the west; and Columbia Road and Belmont to the south, and by taking in only those areas would only be taking in about 22% additional instead of all that you will be taking. He stated if they want to layer in addition to the corridors it seems like the growth of Grand Forks city in recent years has been primarily to the south, and to just take the areas to the south out to the 3 miles in addition to the corridors would only be taking in about 50% of the total area as proposed as taking in it all. Grand Forks County is in the process of doing its own land use plan but is not quite finished yet - are hoping that the final draft will be submitted to the MPO before too long. Combining the best ideas from these two sources as well as the city zoning, they would result in a plan that they can enjoy universal support, and would like to be part of the land use plan that the City, Township and County can all agree on rather than one that different entities are opposed to, so would like to be part of the solution to find something that everybody can agree on in the years to come. By picking up information off the Grand Forks City website the current population is listed as 50,872 people and it occupies by the city map 19.35 sq.miles, that is population density of 10,600 sq.ft. per person, but if go back and look at the population growth of Grand Forks since 1970, it has risen by less than 1/10th of 1 percent per year since 1970 and if apply that same population growth it will take 115 years to grow out to the 2-mile zone, and it is their belief that the 2 mile zone plus corridors should be adequate for planning for quite a few years.
Jerry Breyer stated concern as to what would happen to his fireworks locations, but according to the map the proposed line is on County 5 and that anything west of County 5 would still be outside the zoning area. - so then would only be concerned with their south location. Mr. Gengler stated this particular situation as well as a few others certainly need to get definitive answers, and the ordinance process they are working with right now will go back to the Planning and Zoning Commission on March 1 and on March 20 slated for public hearing and final approval of the ordinances, and at the same time starting in March, the Year 2035 Land Use Plan Update will come up for preliminary review and approval, so to address this question right now and several others is where they sit back and define whether it's going to be the full 4 or a version thereof, and define the zoning rules that will fall into place to the land use plan update.
Council Member Kreun stated basics says what they are saying is that the majority of those things would be grandfathered in with conditional use permits or something of that nature. Mr. Gengler stated that is a conceivable route to take.
Council Member Gershman stated the one thing he is curious about is if you are grandfathered in, but what happens when you sell your property, does the person buying the property continue with the next owner or does it begin to change and that is something they need to look at also.
Mr. Swanson stated any use that is brought into the zoning territorial jurisdiction that is not allowed under either present code or future amended code will be considered a non-conforming use and is governed, not by the ownership of the property, so the sale of the property does not affect a non-conforming use but rather is governed by the continuous use or continuous operation of that same use provided that it is not abandoned or if the City were to exercise an amortization, 20 year period, generically referred to as a grandfather clause, but is more technically referred to as a non-conforming use, and a non-conforming use could be required to be terminated after an amortization period which under our Code is up to about 20 years. He stated it is not dependent upon ownership, is dependent upon the use existing at the time a new jurisdiction goes into effect, and continued use in that regard thereafter.
Randy Loeslie, 1998 Prairie Rose Court, Manager Grand Forks Traill Water, and wanted to bring the council to speed with a few things that have transpired over the last 33 years he has been manager - he worked with Frank Orthmeyer for many years on territory and worked with Ken Vein and started an in-depth study in 1994 and after the flood of 1997, worked with Al Grasser and finally came up with an agreement of service area for the rural water districts and the City, one of the driving forces was the area that the City wished to protect and that line was basically drawn as Grand Forks Traill District's service area south of Merrifield Road and west of 69th Street; this made good sense to both City and rural water because that was the area they thought the City wished to protect. Since then they have invested a lot of infrastructure dollars, a lot of 8" pipeline to serve the area south of that agreement that was made January 24, 2000, and if the City does decide to go out to the 4 mile zone, they as a political subdivision, can't stop them for zoning purposes, however, it will curtail any growth out in that 4 mile zone, and it will cut off potential growth for their water system which the City has previously paid them for loss of potential growth and they maybe facing that financial burden again; however, he wanted the City to consider previous agreements that they had made with Agassiz Rural Water and Grand Forks Traill Water, they would be looking at it again if the City does decide to go out to the 4 mile, and would like to continue working with the City as they have in the past in Shadyridge Addition, L & S Resubdivision will be coming up, but Shadyridge was the last one they negotiated with the City and went through Julien Anderson Subdivision, Anderson Subdivision, McIntyre's Subdivision and have come to an amicable solution but this is something that is going to be looked at and something the council is going to have to consider because it's going to have financial implications for the City.
Mr. Swanson stated he doesn't share the same opinion as Mr. Loeslie does, under the terms of the agreement the City has and that agreement is based upon a federal statute which precludes the City from annexing property and providing water service to an area already served and under indebtedness to the federal government through a rural water association. He is correct in stating that the most recent agreement between the two entities does identify area where the City has indicated it does not wish to provide or does not have an intention to provide water service in given areas and they were designated as growth areas or growth zones or things of that nature. He doesn't interpret that agreement, however, as trumping your ability to exercise zoning jurisdiction out there, nor does he find any representations in that agreement that the City would forego the ability to exercise zoning jurisdiction. He stated even under present law and present code in the city of Grand Forks, your jurisdiction expands based upon annexation and if we were to take that position to its extreme, we would violate that provision if not upon every annexation but upon some annexation in the future that would take us outside, that agreement in federal law will impact whether the City can annex or whether the City can provide water service but doesn't think it impacts you with respect to the exercise of zoning jurisdiction.
Council Member Gershman stated that last Tuesday night at County Planning & Zoning, on County Road 5 west of the airport, a 38-unit development was approved by the County Planning & Zoning, that what we're trying to do here is to prevent problems in the future and if that goes through and those units are built and there is going to be a fourth runway built at the airport which is south of FedEx building and that fourth runway is going to be used by UND planes and will be one of their racetracks - touch and go - and that is going to be a constant noise of a couple hundred propellered driven airplanes per day, and another thing is have FedEx that leaves sometimes in the middle of the night, very early in the morning - hear commercial engines and jet engines coming in and out of there, and not a good idea, and if we had zoning on that we would never have approved that because it is a problem waiting to happen, and it was mentioned about airports all around the country where people have built by the airports and eventually serious problems, and sometimes tragic problems, and that he can't support Mr. Brooks' notion of a building season because more of this is going to go on, but that is going to exacerbate a problem for the future. He stated he thinks we should go through this process and weigh everything that was said tonight by Mr. Drees and others and go to the subcommittee and look at those issues.
Council Member Brooks stated this was discussed and Mr. Johnson brought it up at the Airport Authority meeting of what was going on out there, our purpose as we said is long term planning for the city as a whole, not here to make decisions for people in the County, want to give those people a chance to make their permits and do their things, but we need to address the other ones and not the 38-home development west of the airport, may present some problems in the future, but we also have a problem with all these folks that we have to get along with that come into our city and spend money here and generate city sales tax dollars and those people who want to do a little permit work or building, would like to try to accommodate them.
It was moved by Council Member Christensen and seconded by Council Member Kreun to give preliminary approval to the ordinance and to set a public hearing for March 20, 2006.
Council Member Brooks moved to amend the effective date in the ordinance to October 1, 2006. The motion to amend died for lack of a second.
Council Member Glassheim stated there was a proposal put on the table for 30% or 50%, that we can't decide that tonight, and asked if the subcommittee and :Planning and Zoning be able to take a look at that and consider it, and make a judgment as to whether that proposal is a good idea or can be modified. Mr. Gengler and Mr. Haugen stated it would.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Glassheim, Gershman, Christensen, Kerian, Kreun - 5; voting "nay": Council Members Brooks, Hamerlik, - 2. Mayor Brown declared the motion carried.
Council Member Gershman introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to extend the extraterritorial zoning jurisdiction to four (4) miles beyond corporate limits and to rezone to the A-1 (Limited Development) District all those lands lying between two (2) miles and four (4) miles of the corporate limits as shown on the map attached hereto", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE RELATING TO DESIGNATION
OF EXTRATERRITORIAL ZONING AND SUBDIVISION
JURISDICTION AND THE EXERCISE OF THE CITY'S
AUTHORITY THEREIN