Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 19, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 19, 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 (teleconference), Gershman, Christensen (teleconference), Kreun - 6; absent: Council Member Bakken - 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:
He reminded everyone that this week is annual ArtWise Children's Art Show at the Alerus, and is a showcase of our local youth art and features hundreds of works of art by area children.
Last week the town of Browns Valley, MN experienced flooding and on Friday and Saturday City officials and staff from both communities talked with Browns Valley Mayor Jeff Backer, Jr. and pledged to support in any way that we could, and that we have the opportunity and duty to give back some of the support we received, and talked with the mayor in conference on Saturday morning and sent him the Lessons Learned Packet in hopes that it could help with the process of immediate and long term recovery.
He stated that on Saturday morning several council members and he met with area legislatures at the legislative forum in the council chambers, and thanked the Chamber for hosting this event; there is still much work to be done on issues such as traffic fines, extraterritorial zoning, flood protection funding and property tax relief.
Council Member Brooks reported he talked several times with Mayor Backer from Browns Valley, MN, that they are at the stage where trying to figure out how to get electrical power back to properties, that the Inspections Department in East Grand Forks has been able to work with them on that and give them some assistance and will again tomorrow. He stated both cities are here to assist as is Roseau, who was on the phone on Saturday; and they have been thankful for the help that both cities have given them and appreciate it very much.
PRESENTATION OF MUNICIPAL GOVERNMENT WEEK
Sharyl Simone, Public Information Center, made brief presentation relative to Municipal Government Week; that during the dates of March 5 - 9 the ND League of Cities sponsored City Government Week, to celebrate efforts of local government and the services it provides to the community, the benefits are to heighten public awareness of the role of city government and to visit with citizens in positive community building events. She noted various events that Grand Forks planned: open house for kids in City Hall for two hours - the fire department showing off some technology, public works department to kick off their earth day contest which will be done in April and recycling, police department with child i.d. program, and the finance department on pet licensing. She noted that last week they had the Mayor for a Day and essay winner was Thomas Johnson from West School and honorable mention was Mikayla Patterson from Ben Franklin School. She also noted various events that council members participated in.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4173,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF SOUTHERN
ESTATES SIXTH ADDN.
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 Sixth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 20, 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 Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Sixth Addition to the city of Grand Forks, North Dakota (located on South Columbia Road and 47th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to give final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4174, ESTABLISHING
MORATORIUM ON APPROVAL OF SUBDIVISIONS, PLATS
OR APPLICATIONS FOR REZONING IN CITY EXTRA-
TERRITORIAL ZONING JURISDICTION
An ordinance entitled "An ordinance establishing a moratorium on the approval of subdivisions, plats or applications for rezoning in the City's extraterritorial zoning jurisdiction", which had been introduced and passed on it first reading on February 20, 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.
Howard Swanson, city attorney, reported there was a minor error in the ordinance, second page under Section IV. Effective Date, subsection 1., now reads 20th day of March, 2006 and that is the date that we are amending, and that should be April 17, 2006, and if make that amendment, the ordinance is in order for adoption
The staff report from the Planning and Zoning Commission relating to an ordinance amending Ordinance No. 4134 establishing a moratorium on the approval of subdivisions, plats or applications for rezoning in the city of Grand Forks extraterritorial zoning jurisdiction; more specifically the amendment is to change the date of March 20, 2006 to April 17, 2006, for any fully completed application for a new subdivision, plat, replat or change in zoning filed with the city of Grand Forks, with recommendation to take final action on the ordinance.
It was moved by Council Gershman and seconded by Council Member McNamara that this recommendation be approved. Carried 6 votes affirmative.
The amendment was moved by Council Member Gershman and seconded by Council McNamara. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4175,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
TRENT OLSON SECOND SUBDIVISION
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 Trent Olson Second Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 20, 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 Tarek Howard on behalf of William Olson for final approval of the plat of Trent Olson Second Subdivision, being a part of the NE Quarter of section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, ND, with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to include final action on an ordinance amending the street and Highway Plan.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members, Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
INTRODUCE ORDINANCE AMENDING SECTIONS 9-0219
AND 21-0223 RELATING TO POSSESSION AND CONSUMPTION
OF ALCOHOLIC BEVERAGES ON PUBLIC R/W, STREETS OR
ALLEYS
The staff report from the city attorney relating to ordinance amending Sections 9-0219 and 21-0223 relating to possession and consumption of alcoholic beverages on public rights of way, streets, or alleys, with recommendation to give preliminary and final approval of the ordinance.
Council Member Christensen stated that it was his intention when asking for amendment to the ordinance dealing with serving alcohol on sidewalks downtown during the summer, but according to Mr. Gengler an applicant has to go through the Downtown Design Review Board for approval.
Mr. Swanson, city attorney, stated that when he was asked the question as to whether or not alcohol can be served on sidewalks, he reviewed the ordinance, and his answer was yes, however, in his review he found that there were some inconsistent language that had nothing to do with the authority of serving alcohol on sidewalks, and that is what bought this ordinance forward. There is no substantive change whatsoever in the request or procedure to allow the sales of alcohol on sidewalks, all it requires literally is a letter addressed to either the city auditor or city council in which the council would act to approve, one reading, simple authorization. He stated that Mr. Christensen was asking what is the process to allow the placement of chairs and seating on the public right of way, and that is the same process, whether there is alcohol involved or not, and that was established by this council a few years ago and does require a review through the Planning Department and the Downtown Review Board, that is not directly related to alcohol.
Council Member Christensen stated what he would like is if they would change the process that makes it hard for people to get permission to put chairs/tables on the sidewalks for beverages and food and would like to clean that process up and make it as quickly as could, not looking for running through the Planning Office and running it through the Downtown Review Board. Mr. Swanson stated if they are inclined to amend the Code with regard to outdoor seating, that is a provision of the zoning chapter, that would take consideration by the Planning & Zoning Commission and back through the council. He stated that issue is different than what is before the body tonight, the ordinance that established the allowance of tables, etc. on sidewalks was adopted in July of 2002, and that there have been no amendments or discussion of amendment to that ordinance since its adoption.
Council Member Glassheim stated if there is a need to change it, is in favor of there being some sort of process by which the public interest is weighed against the interest of restaurants and bars to have seating outside, but there needs to be a process and if there is interest in changing what we have, hope it would be done in an orderly way.
Mr. Gengler reported they had one permit approved last year and this afternoon had discussion with a second applicant who indicated they will turn in their application, that through the process they submit all the information that is required which is a site plan, approval of insurance, etc. and once he receives that information, he schedules a meeting of the Downtown Design Review Board and is handled at that one meeting, and if were to change that it is going to hinder current request if have to go back and amend Code, and current system functions as fast as necessary. He noted the application is an annual application and runs through specified time during the calendar year and the next year subject to reapproval; Review Board meets on a regular basis every second Wednesday or unless a special meeting is called.
Council Member Gershman stated if the process is fast, that is good because don't want to make this cumbersome, that the Dakota Bakery downtown has 4 or 5 tables outside and doesn't see any problem, and the issue as he understands it in talking to Mr. Swanson is that there is no issue with the alcohol if they get the permit for the tables, could have alcohol on those tables. Mr. Swanson stated the service of alcohol on the sidewalk or any public right of way has to be approved by the city council, no application form required, but a request to council.
Mr. Gengler stated that our current process without any changes or amendments or tweaking is in place and if receives an application will schedule the special meeting, and has informed the applicant that they need to submit to the city auditor's office a letter requesting the sales and service of alcohol on the sidewalk.
Council Member Brooks stated he is hearing another issue and would want to take a look at that, would suggest a letter from the councilperson to the appropriate department, then bring it forward and put it on the agenda and go through a regular process and if need to shorten it up; his concern is why singling it out to the downtown, and if make this exception or do this, shouldn't identify one particular area of town.
Council Member Christensen asked what is the process when people serve alcohol on the exterior of their premises. Mr. Swanson stated that is dependent upon the location where they seek to do it, if it is within an area that they have designated as their licensed premise, they need to do nothing, if it is an area that is not within an area that is designated as their licensed premise, they would have to follow the same process, a letter to the council through either the mayor's office or auditor's office requesting either a short term amendment to their liquor license or a longer term amendment to their liquor license identifying the area on private property that they are asking for the outside service, and is left to the license holder to decide, the distinction is whether it is on private property or public property, but if a license holder wants to add an additional location, whether inside or outside that is not under the current license, it is by a simple letter. He also stated what Mr. Christensen was suggesting was that those on public right of way should be treated the same, and with all due respect, he disagreed with that because of the liability the City has for the public right of way, the City has to grant the authority for that use, whether want to do it on an annual basis or otherwise, is up to the council, but you do renew their licenses and they have the opportunity to amend their locations as need be, but has some concern over not having any review for the placement of items on public right of way, including the sale or service of alcohol.
Council Member Christensen stated he would like to see how the process could be tweaked so incorporate your thoughts and put an annual review when review the license fees and grant use on public right of way. Mr. Swanson stated that would be able to be done.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Brooks and McNamara. Carried 5 votes affirmative.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 5 votes affirmative; Council Member Gershman recused.
Council Member Brooks introduced an ordinance entitled "An ordinance amending Sections 9-0219 and 21-0223 of the Grand Forks City Code relating to possession and consumption of alcoholic beverages on public rights of way, streets, or alleys", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE CORRECTING PUBLISHED
PROVISIONS OF SECTION 9-0113(1) RELATING TO MINOR IN
POSSESSION OF OR CONSUMING ALCOHOLIC BEVERAGES
The staff report from the city attorney's office relating to technical corrections ordinance correcting the published provisions of Section 9-0113(1) relating to minor in possession of or consuming alcoholic beverages, with recommendation to give preliminary and final approval to the ordinance.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Brooks and McNamara. Carried 5 votes affirmative.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative, Council Member Gershman recused.
Council Member Brooks introduced an ordinance entitled "A technical corrections ordinance correcting the published provisions of Section 9-0113(1k) of the Grand Forks City Code relating to minor in possession of or consuming alcoholic beverages", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING SECTION 2-1002(11)
RELATING TO RIGHT OF EMINENT DOMAIN
The staff report from the city attorney's office relating to ordinance amending Section 2-1002(11) relating to right of eminent domain, with recommendation to give preliminary and final approval to ordinance.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance amending section 2-1002(11) of the Grand Forks City Code relating to right of eminent domain", which was presented, read and passed on its first reading.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6064, DISTRICT NO. 454
The city engineer's estimate of total cost of the construction of sanitary sewer on 301 and 333 Desiree Drive in the amount of $42,262.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6064, Sewer District No. 454, sanitary sewer for 301 and 333 Desiree Drive, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 9019 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member McNamara that the recommendation be approved and the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 6065, DISTRICT NO. 296
The city engineer's estimate of total cost of the construction of watermain for 301 and 333 Desiree Drive in the amount of $17,535.00, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6065, Watermain District No. 296, watermain for 301 and 333 Desiree Drive, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 9020 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member McNamara that the recommendation be approved and the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6066, DISTRICT NO. 455
The city engineer's estimate of total cost of the construction of storm sewer for Desiree Drive (Adams Drive to west property line of 301 Desiree Drive) in the amount of $299,729.85,, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6066, Sewer District No. 455, storm sewer for Desiree Drive (Adams Drive to west property line of 301 Desiree Drive) with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 9021 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member McNamara that the recommendation be approved and the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6067, DISTRICT NO. 629
The city engineer's estimate of total cost of the construction of paving and street lighting for Desiree Drive (Adams Drive to west property line of 301 Desiree Drive) in the amount of $372,200.06, was presented ands read.
The staff report from the engineering department relating to plans and specifications for Project No. 6067, Paving District No. 629, paving and street lighting for Desiree Drive (Adams Drive to west property line of 301 Desiree Drive), with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 9022 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member McNamara that the recommendation be approved and the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
AWARD CONTRACT FOR SIDEWALK PROJECT NO. 6071
The staff report from the engineering department relating to consideration of bids for Project No. 6071, 2007 Sidewalk Repairs, with recommendation to reject low bid of Ti-Zack Concrete, return the bid bond and award contract to second low bidder, Adelman Concrete, in the amount of $137,312.50, based on estimated quantities per unit price.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AUTHORIZE USE OF FLOOD PROTECTION BETTERMENT
FUNDS FOR STREET AND ROAD REPAIRS
The staff report from the engineering department relating to use of Flood Protection Betterment Funds for street and road repairs, with recommendation to use up to $2.4M of Flood Protection Betterment Funds to pay for repairs of qualified street and roadways adjacent to flood protection project.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
It was moved by Council Member Glassheim and seconded by Council Member Gershman to reconsider the item relating to use of Flood Protection Betterment Funds for street and road repairs. Carried 6 votes affirmative.
The staff report from the engineering department relating to use of Flood Protection Betterment Funds for street and road repairs, with recommendation to use up to $2.4M of Flood Protection Betterment Funds to pay for repairs of qualified street and roadways adjacent to flood protection project.
Council Member Christensen stated we are allocating $2.4 million of the Flood Protection money to repair streets impacted through construction of the dike in the 2nd, 3rd and 5th Wards, and that in Ward 5 some of those streets adjacent to the dikes, other streets are not, that they have a process and did that on the other side of Belmont a couple years ago with mill and overlay, and is fine with the mill and overlay process that engineering had talked about for the area in Sunbeam that is not that close to the dike, and the process we have as far as allocating those costs and special assessments created in the district, etc; the rest of what we approved back in February was mainly that were going to use most of the flood protection money and pay for those streets without any special assessments, and in the Sunbeam area near the dike where streets have been severely impacted would think it would be appropriate not to special assess those streets, and the rest that are farther to the west didn't take the traffic and impact - and that tonight if approve this talking about what streets will be special assessed and what streets won't be.
Council Member Kreun stated that tonight all we are doing is approving the $2.4 million for the Flood Protection Betterment funds to be spent on those projects, and Mr. Walker recommended to take a look at how this would be special assessed and during the special assessment process might look at what Mr. Christensen is suggesting, an incremented amount farther away from the levee project but could address it at that time, but during this process want to make sure is that there was to be some repair work done prior to the flood, and a zero special assessment is a consideration but maybe an incremented one, very small to begin with, and move out, but should discuss that at that meeting where the Special Assessment Commission will come in and give the benefits to it and can add that into the mix at that time. He stated consistency is important, esp. with how people were assessed with special assessments throughout the whole community, and if can use that information in the discussion with the Special Assessment Commission and granted that there was extra impact over and above the flood in those areas, and can come up with a formula on how to utilize the special assessments in that area and can be involved with that. He stated they can do that later but tonight is just authorizing the money from the special assessment fund to be used on these projects and that we are all in agreement that that has to be done.
Council Member Christensen stated that if not charging the administrative and engineering fees, have more money to repair streets. Council Member Kreun stated that some of those costs are going to be involved no matter if we charge them to the flood protection project or use as regular overhead, and that there is a certain amount of cost that we're going to be involved in no matter what we do, but just a matter of how we charge it out to which project, and that there really isn't any profit involved but it depends on which budget line we put it under whether it is a cost to general taxes or a cost to the flood protection project, and can take a look at that.
The city auditor stated that is a valid consideration but keep in mind when we charge those administrative and engineering fees we anticipate that as revenue in the general fund.
Council Member Brooks stated he was uncomfortable discussing special assessments and what we are going to do with these charges, etc. and prefer they go into the process because that is why we have a Special Assessment Commission and when the district is established and follow with staff input.
It was moved by Council Member Gershman and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6 ; voting "nay": none. Mayor Brown declared the motion carried.
AWARD ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6131, 2007 CONCRETE PANEL REPLACEMENT
The staff report from the engineering department relating to engineering services agreement for Project No. 6131, 2007 Concrete Panel Replacement Project, with recommendation to approve agreement with Widseth, Smith, Nolting for design, bidding and construction administration engineering services in the amount of $112,300.00, funded with Flood Protection Betterment Funds.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay" none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NOS. 6130, 6132, 6133 AND 6134
The staff report from the engineering department relating to engineering services agreement for Project No. 6130, 2007 Seal Coat Project; Project No. 6132, paving East Elmwood Drive; Project No. 6133, Mill and Overlay Sunbeam Addition east of Belmont; and Project No. 6134, Overlay 62nd Avenue South from Columbia Road to Washington Street; with recommendation to approve agreement with Webster, Foster and Weston for design, bidding and construction administration engineering services in the amount of $123,088.00, funded with Flood Protection Betterment Funds.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 6019, AIR
RELEASE VALVE TEE REPLACEMENT
The staff report from the engineering department relating to bids for Project No. 6019, 2007 Air Release Valve Tee Replacement Project, with recommendation to award contract to low bidder, Molstad Excavating, in the amount of $218,850.00.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD COSNTRACT FOR PROJECT NO. 6072, 2007
CONCRETE STREET REPAIRS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 6072, 2007 Concrete Street Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction, Inc. in the amount of $156,136.25.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FROM PROJECT NO. 6073, 2007
ASPHALT STREET REPAIRS
The staff report from the engineering department relating to consideration of bids for Project No. 6073, 2007 Asphalt Street Repairs, with recommendation to award contract to low bidder, Strata Corporation, in the amount of $23,227.50.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
2008 TRANSPORTATION ENHANCEMENT PROJECT
REQUEST TO NDDoT - INFORMATION
The staff report from the engineering department relating to 2008 Transportation Enhancement Project Request to the North Dakota Department of Transportation - Information to council.
APPROVE SPECIFICATIONS AND LOW BID FOR
INFORMATION EXCHANGE AND DISSEMINATION CENTER
AT POLICE DEPARTMENT
The staff report from the police department relating to bid package for construction of a technologically competent information exchange and dissemination center, with recommendation for approval of the specifications and of the low bid in the amount of $59,652.30 from HB Sound & Light, 3331 South University Drive, Fargo, ND
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
PROPOSED AMENDMENT NO. 1 TO THE 2007 CDBG
ANNUAL ACTION PLAN FOR SHELTER FOR HOMELESS
The staff report from the urban development director relating to proposed amendment No. 1 to the 2007 CDBG Annual Action Plan for the Shelter for the Homeless, with recommendation to 1) review the proposed amendment to the 2007 CDBG Program, 2) close the public comment period, hold a public hearing and approve the propose amendment at the city council meeting on April 16, 2007.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE RENAISSANCE ZONE PROJECTS
The staff report from the urban development director relating to Grand Forks Renaissance Zone Projects, with recommendation to approve the Grand Forks Renaissance Zone Projects GF-14 through 36, GF-38, GF-39, GF-42 and GF-43, subject to provision of Certificates of Good Standing from the State Tax Commissioner, and authorize staff to submit the projects to the North Dakota Department of Commerce, Division of Community Services for action.
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE FINAL PLAT OF COUNTRYVIEW FOURTH
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Tim Christian on behalf of Country Development LLP for final approval of the Plat of Countryview Fourth Resubdivision to the city of Grand Forks, ND (located on Christian Drive), with recommendation
It was moved by Council Member Brooks and seconded by Council Member McNamara that this recommendation be approved. Carried 6 votes affirmative.
REFER REQUEST FOR CONDITIONAL USE PERMIT FOR
LOT B, BLOCK 2, AIRPORT 5TH ADDITION, BACK TO
EXECUTIVE COMMITTEE OF PLANNING & ZONING
COMMISSION
The staff report from the Planning and Zoning Commission relating to request from Marlan Shull for approval of a conditional use permit (CUP) for Lot B, Block 2, Airport 5th Addition to the city of Grand Forks, ND (located on Gateway Drive near North 47th Street) for the purpose of constructing a building to be used as a contractor's shop for storing tools, equipment and materials for general purpose use, with recommendation to approve the conditional use permit with the following conditions: 1) no outdoor storage is allowed, 2) the immediate expiration of CUP if the use of the building changes from a contractor's shop, 3) resubmittal to the Planning and Zoning Commission and city council is required for reconsideration if expansion occurs; 4) requires site plan approval on the site, and 5) design review of the building facades by the Planning and Zoning Executive Committee.
Brad Gengler, city planner, reported that the executive committee met subsequent to the Committee of the Whole last week, and discussed that on the northerly part of the lot showing a building, and the committee agreed that in addition to the standard metal building, the first 3 ft. of the side on the north side and on the west side would be of a brick material, on the corners on the east, northwest and westerly corner, each corner would be accented by a brick column type façade that would go from the ground to the roofline, and in addition to that each wall is either at a 100 ft. or longer a vertical break of brick column was recommended for the center of those buildings and that creates a break in the design; those were the recommendations coming out of the executive committee. He stated the site plan is still subject to administrative review from staff and some other issues they wanted to touch on, and the applicant this afternoon had requested a change from what the executive committee saw last week.
John Naastad presented pictures showing location of buildings showing some of their changes to the building, that they are proposing to blend in with the motel next door and would like to put a 6 ft. fence on the front side to blend in with the motel siding from the front. He stated if the council would agree that they put a 6 ft. fence, white, with trees on the outside of the fence to give it curb appeal and blend in with the fence for curb appeal to the motel, would like to eliminate the windows and the brick because wouldn't be seen from Gateway Drive.
Council Member Gershman stated that this should go back to the executive committee to come forward to see the fence, landscaping, all of it together, because uncomfortable piecing this together tonight.
Council Member Brooks stated that being a part of the Gateway Drive Committee and dealing with some of our conditional use permits, not sure if going to be aesthetically pleasing and need more information and get this back as quickly as possible; his motion is to send this back to the Executive Committee of Planning and Zoning Commission. Council Member Gershman seconded the motion.
Council Member Kreun stated this would go back to the Executive Committee but need more definitive information and has concerns that this will not fit on this site with the easements that we need for infrastructure, show infrastructure lines, easements, footprint of the building with infrastructure, landscaping, size of fence and where that is going to be because this is not what they wanted to do on Gateway Drive, but if can make it aesthetically pleasing to meet the demands and Executive Committee understands where we are coming from, and asked if they are intending on paving 12th Avenue to the standards of city specifications, and the only reason that hasn't been paved is because water and sewer are in that street and that the trailer park owns the property and can protest paving out, and asked how they are going to have access. Mr. Gengler stated that particular issue is one of many different items still existing on the site plan review.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE. TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF AUDITOR'S RESUBDIVISION NO. 40