Council Minutes

Minutes of Grand Forks City Council/Committee of the Whole
Monday, January 5, 2009 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, January 5, 2009 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim (teleconference), Gershman, Christensen, Bakken - 6; absent: Council Member Kreun - 1.

Cub Scout Pack 2 with Scoutmaster Conrad Smith led the city council in the pledge of allegiance to the flag.

Mayor Brown commented on various items during the past week and upcoming events:
He wished everyone a Happy New Year and is confident that 2009 Grand Forks will continue to see growth opportunities and outstanding quality of life.
Today they announced the formation of the Community/Base Enhancement Initiative and are in the middle of an important time for the Grand Forks Air Force Base, where its future and how the community plays a role in that future will be defined, and for community efforts to enhance the Grand Forks Air Force Base, provide coordination of all parties involved. He, along with County Commissioner John Schmisek, will co-chair this partnership that includes the County, the City, UND, the EDC, the Chamber, the Council of Military Relations, the Congressional delegation and the Office of the Governor. As they proceed with opportunities such as unmanned aerial systems, we must capitalize on the assets of the Base and the surrounding region.
That our Public Works and Public Safety crews have been doing an outstanding job, that even with record snow they have kept up with the plowing and sanding and addressing safety hazards, i.e., high drifts in school areas. He thanked citizens who have been doing a good job keeping sidewalks and fire hydrants clear.

He announced that Debbie Swanson, Grand Forks Public Health Department, has been named the North Dakota Public Health Association Public Health Worker for the year 2008. This is the third straight year that a member from Public Health Department has won this award and Debbie has served as the Grand Forks Public Health Nursing and Nutrition Division Supervisor since 1996, and is a leader in local and state-wide public health.

Debbie Swanson stated that it is an honor to receive this award and thanked mayor and council for being supportive organization that allows her to be involved in her professional association that improves the health of residents of all of ND, not only Grand Forks.

2.1 Cost Participation, Construction and Maintenance Agreement for Project No. 6144, Replacement of Stormwater Pump Station #187 at Columbia Rd. and 32nd Ave.S.
There were no comments.

2.2 Change Order #2 for Project No. 6218, 2008 Storm Sewer Repairs.
There were no comments.

2.3 Request to accept bids for police vehicles.
There were no comments.

2.4 Sole source purchase custom imaging scanner equipment for police dept.
There were no comments.

2.5 Transient merchant license exemption for Grand Cities Art Fest Event on June 13-14, 2009._______________________________________________________________
There were no comments.

2.6 2009 chemical bid for Water/Wastewater Treatment Plant.
There were no comments.

2.7 Wastewater/Stormwater Collections Division truck with jetter.
There were no comments.

2.8 Request from CPS, LLP on behalf of Kevin Pierce and Dr. Abdelhamid Ahmed for final approval (fast track) of Replat of Lots A and B, Blk. 1 (of Replat of Lots 13 and 14, Blk. 1) Shadyridge Estates First Addn. (loc. at 1013 Shadyridge Dr.)_____
There were no comments.

2.9 Request from Icon Architects on behalf of JKV Investments for approval of a conditional use permit for Lot 1, Blk. 1, Jordans Addn. and Auditor's Subdiv. No. 22, loc. at 3903 Gateway Dr. for the purpose of machinery sales and service._____
Brad Gengler, city planner, reported that this request has gone through the Planning and
Zoning Commission; and that by Code businesses on Gateway Drive and N. Washington Street that qualify under the machinery sales and service are subject to the conditional use permit process vs. standard permitted uses. There are a number of issues, including drainage and opinions of local neighbors whether residential or commercial use of the property, and that the Planning and Zoning Commission approved the conditional use permit with a caveat that no access would be obtained onto 13th Avenue. Basically the use of the property will be for continuation of the existing business (storage of some of the equipment and in the future the owner would perhaps like to build another building and parking lot, etc.; however, what is being presented to the council is the approval of the conditional use permit for the use of the property, not approving site plan, etc. which will be handled administratively; and would recommend approval.

2.10 Petition from Matt Winjum and Aaron Hendricks on behalf of Rhombus Guys Pizza for approval to vacate a 4 ft. by 20 ft. portion of alley between Lots 15 and 16, Blk. 26, Town of Grand Forks, loc. at 312 Kittson Ave. for the purpose of installing a commercial cooler._____________________________________________________
Mr. Gengler reported that this request was to vacate a portion of an alleyway located beside Rhombus Pizza business off Kittson, they would like to install a cooler that would be used for kegs and tapped directly from the inside of the building, that it became controversial at the Planning and Zoning Commission and the Commission is supporting the denial of the vacation, that once vacate property it leaves the hands of the City and that some of the issues they are dealing with are safety concerns, snow removal concerns, etc. The Commission suggested that rather than vacation, to develop a natural encroachment agreement with a hold harmless agreement, etc. He noted that he needs to get some additional information from the owners and look at different options, and recommended denying the vacation request.

Council Member Glassheim asked whether they could amend the request tonight to allow an encroachment agreement with hold harmless with a time limit of two years or rather wait for a new request from the owners. Mr. Gengler stated his recommendation is to deny the request to vacate because the encroachment agreement would need to be drafted and brought back and suggested by the Commission that it go through the Service/Safety Committee.

Council Member Christensen stated that owners of business, Rhombus Pizza, have plans to expand their business and have an area that would house coolers - second floor to be restaurant and on third flood an outdoor dining/seating area in the summer, and that staff would work with these people so they can move forward with their plans to expand their facility and would enhance the downtown with this project, no problem with going to Service/Safety because of the street issue, but hope they would get to a committee in January so that they have an idea if they will be able to go forward or not as this is an integrated part of their expansion.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Bjerke that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor