Council Minutes
P
ROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 21, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 21, 2007 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; absent: Council Member Gershman - 1.
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 all the members of the Red River Band and Chorus who were excellent ambassadors for the city of Grand Forks this past week as they took part in the Syttende Mai events in our sister city, Sarpsburg, Norway; and thanks to Bruce Morlock, Tori Johnson and Dr. Sanford.
Congratulations to the Grand Forks Youth Commission members for their first event, an all middle school dance, the Commission was spawned by the Mayor's Cabinet on Young People as a way to make sure youth have a voice and a chance to build their own opportunities and demonstrate leadership. 200 middle schoolers attended the event and was a success. Thanks to the Cabinet members, the Park District, HB Light & Sound, Vaaler Insurance and everyone else who pitched in to make this work.
This week-end marks graduation for thousands of young people throughout the region and wished them congratulations and to remind everyone that this is a time for celebration and also a time to be safe, and urged them to remember that as far as youth and alcohol are concerned all you have to know are words, "It is Not Ok".
Last week the Letter Carriers held their Annual Food Drive and again broke their record, they collected over 61,000 lbs. of food, over last year's total of just over 58,000 lbs. and this demonstrates the caring and generous nature of our community. Thanks to the Letter Carriers.
Congratulations to everyone involved in the Tetanus Blitz this past weekend, over 200 people received shots and was a great success; thanked the Health Department, nursing students and volunteers.
That during this year's Spring Clean-up, more than 50% was hauled away over previous year, we are a City with excellent services and thanked crews in Public Works for a job well done.
He stated that due to the holiday next Monday, the council meeting will be held on Tuesday, May 29, 2007 at 7:00 p.m.
ADOPT ORDINANCE NO. 4188, AMENDING ZONING
MAP TO INCLUDE WITHIN R-1 (SINGLE FAMILY)
RESIDENCE ALL OF AUDITOR'S RESUBDIVISION NO. 40
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Agricultural Preservation) District and to include within the R-1 (Single Family Residence) District all of Auditor's Resubdivision No. 40 to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 16, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks Planning Department for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-1 (Agricultural Preservation) District and to include within the
R-1 (Single Family Residence) District, Auditor's Resubdivsion No. 40 to the City of Grand Forks, ND (located along Belmont road and Belmont Court), with recommendation to give final approval of the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 4189,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
MOLSTAD'S SECOND 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 n the plat of Molstad's Second Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 16, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from Gary Molstad on behalf of North Dakota Concrete Products Company for final approval of the plat of Molstad's Second Addition to the city of Grand Forks, ND (located at North 42nd Street and 16th Avenue North), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
HOLD PUBLIC HEARING AND ISSUE FINAL ORDER FOR
DEMOLITION OF SUBSTANDARD BUILDING AT 310
NORTH 7TH STREET
The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 310 North 7th Street had been mailed to the owner(s) of the property, said property being in substandard condition.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Howard Swanson, city attorney, reported that information had been submitted by the Building and Zoning Administrator and council would need to make determination that the structure is out of compliance as noted in the staff report, specifically subsections 1, 3, 4, 5, 6, 8 and 9, Section 10-0401, and that the staff report indicates the assessed value of the structure and asked if the repair cost greater than the assessed value of the structure. Ms. Collings reported that the repair value was significantly more than the assessed value of the property.
It was moved by Council Member Bakken and seconded by Council Member Kreun that we find the structure(s) to be substandard as defined by Section 10-0401 of the Grand Forks City Code, subsections 1, 3, 4, 5, 6, 8 and 9; that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand; and subject to findings by the city attorney. Carried 6 votes affirmative.
EXTEND PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 505 CHERRY STREET FOR 30 DAYS
The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling and garage) located at 505 Cherry Street had been mailed to the owner(s) of the property, said property being in substandard condition.
Mayor Brown opened the public hearing.
Bev Collings, Building and Zoning Administrator, reported that she had presented council members with a letter requesting a 30-day extension from the owner of the property to sell the property to an individual to rehab the property.
Mark Ryan, East Grand Forks, stated he and his partner have been in contact with Ann Buckley re. the property at 505 Cherry Street, and want to purchase the property and would like 30 days to try to get ownership issue resolved. He stated they think the house is structurally sound and do have plans for rehabbing the property.
Mayor Brown closed the public hearing.
Ms. Collings stated they would also like to determine in the next 30 days as to whether the property can be rehabbed, that she has asked Mr. Ryan to put together a proposal and timeline for the repairs; that the building has a lot of structural damage and cost of repairs well over the appraised value of the building.
Council Member Glassheim moved that we continue the public hearing to a council meeting approx. 30 days or June 18, 2007. Council Member Christensen seconded the motion.
There were several conditions proposed by Council Members Kreun and Glassheim, that the timeframe is going to be exact as the neighborhood has been putting up with these conditions for long period of time and that the timeframe does not include further extension after reaching end of the timeframe; and that a financial plan or information indicating ability to get the repairs completed in a reasonable timeframe be submitted.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE REQUEST FOR AUTHORIZATION TO SERVE
ALCOHOL IN CONJUNCTION WITH OUTDOOR CAFÉ
SEATING AT 312 KITTSON AVENUE
The staff report from the city auditor relating to request from Rhombus Guys dba Rhombus House of Pizza for authorization to serve alcohol in conjunction with outdoor café seating at 312 Kittson Avenue, with recommendation to approve the request contingent upon review and approval by the city attorney.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 6076, 2007 LOOP
DETECTOR REPAIRS
The staff report from the engineering department relating to bids for Project No. 6076, 2007 Loop Detector Repairs, with recommendation to award contract to low bidder, Strata Corporation in the amount of $12,470.00.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 5727, COLUMBIA
ROAD OVERPASS REPAIRS
The staff report from the engineering department relating to bids for Project No. 5727, Columbia Road Overpass Repairs, with recommendation to award contract to low bidder, Industrial Builders, in the amount of $97,069.00, and to return unopened bid submitted by Progressive Contractors.
Council Member Glassheim stated that this project and Projects Nos. 6045 and 6102 are rejecting bids because the bid bond wasn't in the envelope, and asked for briefing on harm this does and whether it can be overridden.
Howard Swanson, city attorney, stated that regulations by ND Legislature require that if the bond is not in the exterior envelope, the council has no choice but must reject and cannot consider even if the bond is included in an internal envelope.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE SIDEWALK LIST NO. 1, SIDEWALK PROJECT
NO. 6071
The staff report from the engineering department relating to Location List No. 1 for Project No. 6071, 2007 Sidewalk Repair and Installation, with recommendation to approve 2007 Sidewalk List No. 1.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE CONSTRUCTION CONTRACT FOR PROJECT
NO. 6105, MENARDS WATER TOWER RECONDITIONING
The staff report from the engineering department relating to bids for Project No. 6105 Menards Water Tower Reconditioning, with recommendation to award construction contract to low bidder, LeadCon, Inc., in the amount of $348,000.00.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 6045 AND 6102,
NORTH/SOUTH CLAY STOCKPILES
The staff report from the engineering department relating to bids for Project No. 6045, North End Clay Stockpile and Project No. 6102, South End Clay Stockpile, with recommendation to award contract to low bidder, Gowan Construction in the amount of $299,617.50; and to return non-conforming bid to bidder unopened (TS Holte Construction).
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 6130, 2007 SEAL
COAT PROJECT
The staff report from the engineering department relating to bids for Project No. 6130 2007 Seal Coat Project, with recommendation to award contract to low bidder, Astech, in the amount of $135,640.25.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 6131, 2007
CONCRETE PANEL REPLACEMENT
The staff report from the engineering department relating to bids for Project No. 6131, 2007 Concrete Panel Replacement Project, with recommendation to award contract to low bidder, Opp Construction, in the amount of $1,047,310.00.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 6136, PHASE VII LANDFILL CLOSURE
The staff report from the engineering department relating to engineering services agreement with CPS, Ltd for Project No. 6136, Phase VII Landfill Closure, with recommendation to approve the engineering services agreement in the amount of $121,730.00.
It was moved by Council Member Glassheim and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 6136, PHASE
VII LANDFILL CLOSURE AND BUDGET AMENDMENT
The staff report from the engineering department relating to bids for Project No. 6136, Phase VII Landfill Closure and associated budget amendment, with recommendation to award construction contract to low bidder, Strata Corporation, in the amount of $1,275,047.78 ($1,149,047.78 base bid plus $126,000.00 Alternate Bid), and approve budget amendment of $346,778 from Sanitation cash carryover to pay for project expenses exceeding available budget.
Council Member Glassheim asked for brief explanation re. funding source, work in progress or landfill closure. Todd Feland, public works director, reported their budget includes approx. $1,050,000 from two separate line items, one is work in progress construction account and the other is closure account, and they decided to close more of the landfill than anticipated and that is reason asking for the balance which is $346,000 from the cash balance; and haven't touched closure account because trying to keep that in reserve which is $3.8 million, have to reserve $1.4 million of that for post closure but may use some of that money for the final closure phase which he thinks will be about 10 to 15 acres. He stated they are coming to the end of the landfill and their goal was that could close this landfill at the same time you are opening a new landfill and that would have some cash on hand that be used for engineering expense or purchase of land, and will go over those plans in the future. The city auditor reported there will be a balance remaining in the landfill closure fund because of the post closure requirements by federal regulations, and won't be transferred back to operating, but held for future.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE IMPROVEMENTS TO PARKING RAMP
The staff report from urban development director relating to municipal parking ramp repairs, with recommendation to approve budget amendment transferring excess sales tax revenue to Fund 5997 and award bid to Reliance Telephone to install surveillance cameras in the Central ramp ($49,500) and the Corporate ramp ($48,200).
Greg Hoover, Urban Development director, reported they have had these bids for more than 30 days and not sure how much longer that the bidders will hold those numbers, that he has talked with the city auditor on the funding for this and his initial assessment is that if we were going to do all these improvements this year, it would come out of the excess sales tax. He stated these are recommendations that have come from MPO report and doesn't recall any recommendation on lighting, but regarding the deck spalling they had attempted to do this last year but because of the contractor's work, couldn't get it scheduled to occur between now and the beginning of school and is assuming that would be the same this year, and if wanted to do everything the deck repair would have to occur next year but would start soliciting bids in January.
Council Member Christensen stated there is some weathering on the deck surface on first floor, but didn't think that would cause any great structural cracks, that there had been discussion as to what they would do first, painting and lighting or cameras, that they should paint and light before installing cameras to see if that makes it more friendly. He stated the numbers are about the same, $95,400 for painting Central ramp and cameras $90,400, and funding available in excess sales tax, and motion is rather than buying cameras to do painting and lighting and see if can have that done by fall. Council Member McNamara seconded the motion.
Council Member Brooks stated that if people not going into the parking ramp, it is a safety issue, and what will bring people into the ramp is if they feel safe there, lighting good idea.
It was reported by Mr. Hoover that there are two issues, one is the metal structure needs to be updated, there has been no maintenance in 20 years since ramp built, can see spots beginning to rust and that is deferred maintenance issue, that the painting of the ceiling is something that has been thought out as brightening the environment in the parking ramp and making it more inviting and safer feeling.
Chief Packett stated when trying to compare cameras vs. the lighting, they are all techniques and engineering aspects of construction that our community service bureau recommends to businesses, the painting and cameras and lighting are all valid things and is probably a policy issue for council to work out with urban development but police would be comfortable with any of or all three and does have staff working on some statistics for council and as to what has been their experience in the parking ramps re. crime; and get a definitive number soon.
Council Member Bakken stated he was in favor of painting as maintenance and an appearance issue, likes surveillance cameras as they are a deterrent and can also be used for conviction, doing both is a good option but would like to get a bid on lighting, and if have all three, painting. lighting and cameras, would be big deterrent and goal was to get ramps used, against motion on the floor but would vote for one that includes painting and surveillance cameras together.
Council Member Glassheim questioned cost of lighting and would like to postpone for 2 weeks, and do bonding for all items for improvements. The city auditor stated that the cost of issuance of bonding, when only talking $300,000-$400,000, is excessive, and the Parking Authority does not have an on-going funding stream to pay the debt; funding sources for this is different than G.O. bonds and would be a stand-alone bond.
Council Member Christensen moved to amend his motion to paint and get a bid on the lighting and when those done, and if need cameras, then install cameras, that we have the funds in the Parking Ramp Fund and have excess sales tax. Council Member McNamara agreed to the amendment.
After further discussion Council Member Christensen and McNamara withdrew their motions.
Mr. Hoover stated that the amount for painting is just an estimate from a local contractor and have not solicited bids.
Council Member Kreun moved to accept bids for Item #2, Surveillance cameras at Central and Corporate ramps, $90,400, and authorize Urban Development to solicit bids for painting of ceiling and steel structure and for lighting. Council Member Bakken seconded the motion.
It was reported by the city auditor there is funding set aside in the Parking Fund and in order to do the surveillance cameras fund that out of excess sales tax dollars, if get bids for painting and lighting his recommendation is to use excess sales tax dollars. It was also noted by Mr. Swanson that because this is an improvement to real estate owned by the City of Grand Forks, they will first have to create plans and specifications, go out for normal bidding, cannot do a quote and that they will not have that bid back in two weeks. He stated they have to have common ground for bidders to bid on everything from the quality of paint to the location of painting, cleanup.
Council Member Glassheim moved to divide the question on the two items so vote separately on the two items and separately on the surveillance cameras. Council Member Christensen seconded the motion. Carried 6 votes affirmative.
Upon call for the question on the first item, which to accept the bid for Item #2, surveillance cameras at Central and Corporate ramps, the following voted in favor of the question: Council Members Brooks, Bakken, Kreun - 3; and voting "nay": Council Members McNamara, Glassheim, Christensen - 3. Mayor Brown voted to break the tie vote and voted in favor of accepting the bid for surveillance cameras.
Upon call for the question on the second item, which is to authorize soliciting bids for painting and lighting in the Central ramp, and upon voice vote, the motion carried 6 votes affirmative.
AUTHORIZE ENTERING INTO AGREEMENT WITH ND
DEPARTMENT OF TRANSPORTATION FOR GATEWAY
DRIVE ENTRY FEATURE
The staff report from the director of urban development relating to agreement with ND Department of Transportation, with recommendation to authorize execution of Cost participation and Maintenance Agreement for the Gateway Drive entry feature (City's cost share of $34,119.30).
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE FINAL PLAT OF REPLAT OF LOTS A & B OF
REPLAT OF LOT 5, BLOCK 1, AUDITOR'S RESUBDIVISION
NO. 17
The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of City of Grand Forks for final approval (fast track) of the Replat of Lots A and B of the Replat of Lot 5, Block 1, Auditor's Resubdivision No. 17 to the city of Grand Forks, ND (located in First Avenue North and Riverboat Road), 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 Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF BRETON'S 2ND SUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Ralph Applegren for preliminary approval of the Plat of Breton's 2nd Subdivision, being a part of the NE Quarter of Section 3, Township 150 North, Range 51 West, Grand Forks County, ND, with recommendation to give approval to the preliminary plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan, and to set a public hearing for June 18, 2007.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken 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 Breton's 2nd Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF MERRIFIELD INDUSTRIAL
PARK SECOND ADDITION
The staff report from the Planning and Zoning Commission relating to the request from Jerry Pribula on behalf of Glen Gransberg for preliminary approval of the plat of Merrifield's Industrial park Second Addition to the city of Grand Forks, ND (located at County Road 6 and South 55th Street), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including a variance from Section 18-0907 (3)(1) relating to access onto a Level 4 roadway, also to include preliminary approval of an ordinance amending the Street and Highway Plan, and to set a public hearing for June 18, 2007.
It was moved by Council member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken 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 Merrifield Industrial park Second Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN MERRIFIELD PUD, CONCEPT DEVELOP-
MENT PLAN, ALL OF MERRIFIELD INDUSTRIAL PARK FIRST
ADDITION AND ALL OF MERRIFIELD INDUSTRIAL PARK
SECOND ADDITION
The staff report from the Planning and Zoning Commission relating to request from the Grand Forks Planning Department for preliminary approval of an ordinance to amend the zoning map to exclude from the I-2 (Heavy Industrial) District, all of Merrifield Industrial Park First Addition, and to exclude from the A-2 (Agricultural Urban Reserve) District, all of Merrifield Industrial park Second Addition and to include within the Merrifield PUD (Planned Unit Development), Concept Development Plan, all of Merrifield Industrial Park First Addition and all of Merrifield Industrial Park Second Addition, all located in Section 31, Township 151 North, Range 50 West, of the Fifth Principal Meridian; with recommendation to give preliminary approval to the ordinance, subject to conditions shown on or attached to the review copy, and schedule a public hearing for June 18, 2007.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken 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 I-2 (Heavy Industrial) District all of Merrifield Industrial Park First Addition and also to exclude from the A-2 (Agricultural Urban Reserve) District, all of Merrifield Industrial Park Second Addition and to include within the Merrifield PUD (Planned Unit Development), Concept Development Plan, all of Merrifield Industrial Park First Addition and all of Merrifield Industrial Park Second Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
` INTRODUCE ORDINANCE TO AMEND TEXT OF LAND
DEVELOPMENT CODE, CHAPTER XVIII, SECTION 18-0206 AND
SECTION 18-0207, RELATING TO DIMENSIONAL STANDARDS
The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND 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 18-0206 A-1 (Agricultural Preservation) District and Section 18-0207 A-2 (Agricultural Urban Reserve) District, with recommendation to grant preliminary approval of the ordinance and schedule a public hearing for June 18, 2007.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced an ordinance entitled "An ordinance amending Section 18-0206 of the Grand Forks City Code relating to A-1 and A-2 Districts relating to dimensional standards", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF FRANTASTIC ACRES
ADDITION
The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Frances L. Bertheuson for preliminary approval of the plat of Frantastic Acres Subdivision, being a portion of the NE Quarter of Section 35, Township 151 North, Range 21 West, Grand Forks County, ND, with recommendation to give preliminary approval of the plat subject to the conditions shown on or attached to the review copy, to include preliminary action on an ordinance amending the Street and Highway Plan, and to set the public hearing for June 18, 2007.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken 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 Frantastic Acres Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE BILL LISTING
Vendor Payment Listing No. 07-10, dated May 18, 2007, and totaling $1,772,907.34, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Brooks that these bills be allowed and that 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, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES MAY 7, 2007
Typewritten copies of the minutes of the city council held on Monday, May 7, 2007, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that these minutes be approved as read. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member McNamara asked for report from the Alerus Commission as to what has transpired, Mr. Duquette stated he will speak to the chair.
He stated he had the opportunity to meet the parents of Cpl. Goodiron last week and also saw Carmen Kleinwachter whose son was also killed in Afghanistan, and as Memorial Day is coming up to keep those families in your thoughts and prayers as well as everybody who is over there.
2) Council Member Glassheim stated he had received complaint about beer bottles, messes at Sledsters over a period of time and not sure what need to do about it, that they just received a permit to have a band there. Mr. Hoover stated that Sledsters asked for permit for 3 events through Info. Center, which is normal process, and approved by various departments, including police department and urban development, that he has not had an opportunity to find out from maintenance crew what the condition of the park was afterwards but took before pictures and if any extensive damage, it would be his recommendation that the other events not be held. He stated they ask the person holding the event to clean up and do have a deposit and will use that deposit to cover our costs. Council Member Glassheim stated that procedure good but not sure if need another process to allow public comment on whether bar is fulfilling its responsibilities before they get special permits, and asked if they would consider that.
He also noted that some people are about to move into the Brownstones and wondering about cleanup Saturday and Sunday mornings and doesn't know what our process is, that in some cities the city cleans up after bar events and charges, and asked if they would give that some thought because there is broken glass, etc., not the city's fault but the question is what do we do about it as more people are living downtown.
3) Council Member Christensen stated because of recent developments that are transpiring at the Alerus Center that this is opportunity for review of the structure; that without Compass there may be some issues as to a liquor license and entity that has to be formed to hold that license, a non-profit corporation, and that they have the JDA. He noted they have an opening on the Alerus Commission and there may be some issues about the qualifications; maybe time to amend our statute as things have changed since that statute put in place; and would hope before any decisions are made that they have a briefing and get better understanding.
He also stated that we have to develop a plan to keep our downtown clean, that the people who get the liquor licenses pay a good fee for those licenses and that there shouldn't be any more charges to those people for their licenses, is something we have to deal with as community grows and people repopulate the downtown, may require more enforcement on weekends by police department so have higher presence to prevent some of those things.
He stated that they have been presented water treatment plant condition analysis update and have some big funding issues that are going to be presented to council, have the budgeting process coming up and is time that we start prioritizing some of the issues that staff has been bringing in that require decisions and suggested make decision based on a 3 to 5 year plan. Council Member Bakken stated in looking at budget plan, is about 10- years behind and have put enough things off so that list will be long and expensive.
4) Council Member Kreun reported there was a lot of underground work in Ward 7, that the contractor that is doing great job and have been restoring the turf on berms and very minimal disturbance and would like engineering to bring that comment to them.
He also stated on comments re. Alerus changing its method of control, that Mr. Swanson is working on many of those issues that have been brought up and council will be informed as they go through that process, and has to be in place within 90 days.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Bakken that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor