Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 20, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 20, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Bakken - 4; 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 items during the past week and upcoming events:
This Wednesday, October 22, at 2:00 p.m. in the Grand Forks city council chambers Congressman Pomeroy and he will host a weatherization round table discussion and David Bradley of the Executive Director of the National Community Action Foundation will also attend; and encourage everyone to participate and make themselves available to that.
Council Members Kreun and Christensen reported present.
Ben Axtman, Governmental Affairs Commissioner from UND, thanked the council for participating in the senate/council meet last evening, and that students appreciate getting the issues out. He also stated that he is the president of Mortar Board, that this year is the 29th Annual Turkey Basket Drive that raises money to provide turkey baskets or Thanksgiving meal for members of the Grand Forks community; last year served over 800 families and this year expecting over 900; and wanted to make people aware of that and if any donations from businesses or individuals as costs $40/basket, would appreciate any help they can get. Mayor Brown stated they will put that info on Channel 2 and website where people can access.
ADOPT ORDINANCE NO. 4253, RE. TO PROHIBIT
. ANIMALS AND PROHIBITION OF FOWL
An ordinance entitled "An ordinance amending Section 11-0216 and Section 11-0217 of the Grand Forks City Code relating to prohibited animals and prohibition of fowl", which had been introduced and passed on its first reading on October 6, 2008, was presented and read for consideration on second reading and final passage.
Mayor Brown opened a public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
TABLE ORDINANCE AMENDING SECTION 18-0204
RELATING TO RULES AND DEFINITIONS AND
AMENDING SECTION 18-0301 SIGNS
An ordinance entitled "An ordinance amending Section 18-0204 Rules and Definitions relating to electronic signs and amending Section 18-0301 Signs of the Grand Forks City Code", which had been introduced and passed on its first reading on July 21, 2008, and that public hearing and second reading of the ordinance had been continued until this evening, was presented and read for consideration.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member McNamara reported present.
Council Member Christensen moved to amend paragraph 3 which would be reiteration of the language if denied an appeal at the Planning and Zoning Commission you can appeal it to the city council.
Brad Gengler, city planner, reported Planning and Zoning Commission's recommendation was to table the ordinance prior to its going back to the Commission for final consideration.
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 final 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 18-0204 and 18-0301 relating to definitions and electronic changeable sign regulation, with recommendation to table final approval.
Council Member Christensen withdrew his motion, and it was moved by Council Member Gershman and seconded by Council Member Christensen to approve the recommendation to table the ordinance. Carried 7 votes affirmative.
HOLD PUBLIC HEARINGS ON APPEALS AND
CERTIFICATION OF SPECIAL ASSESSMENTS ON
VARIOUS PROJECTS
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on the following projects in the amounts as shown, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required and further that no protests or grievances had been filed with the auditor's office.
Project and District Nos. Assessment Annual Installments
Sanitary Sewer Project No. 4247.1, Dist. No. 354.1 $ 1,855.86 15
Paving Project No. 4660.1, Dist. No. 552.1 20,054.04 9
Flood Protection Project No. 4704.4, Dist. No. 14.4 448,134.72 20
Paving Project No. 5048.6, Dist. No. 563.2 124,559.08 20
Sanitary Sewer Project No. 5948, Dist. No. 440 142,537.00 15
Watermain Project No. 5949, Dist. No. 289 221,541.00 15
Storm Sewer Project No. 5950, Dist. No. 441 69,193.00 15
Paving Project No. 5951, Dist. No. 618 316,965.00 20
Paving Project No. 5988, Dist. No. 627 365,497.00 20
Storm Sewer Project No. 6059, Dist. No. 453 158,483.00 15
Street Improvement Project No. 6133, Dist No. 93 198,884.00 20
Paving/Street Lighting Project No. 6137, Dist. No. 631 105,479.00 20
Sanitary Sewer Project No. 6150, Dist. No. 456 99,931.00 15
Sanitary Sewer Project No. 6151, Dist. No. 457 370,859.00 15
Storm Sewer Rehab. Project No. 6174, Dist. No. 458 3,862,593.00 20
Watermain Project No. 6180 Dist. No. 297 37,268.00 15
Watermain Project No. 6192, Dist. No. 298 97,045.00 15
Sanitary Sewer Project No. 6241, Dist. No. 459 104,028.00 15
Watermain Project No. 6242, Dist. No. 299 78,150.00 15
Storm Sewer Project No. 6243, Dist. No. 460 80,820.00 15
Paving Project No. 6244, Dist. No. 633 326,438.00 20
Building Demo Project No. 6235 20,175.50 5
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in annual installments as shown of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.
APPROVE ASSESSMENTS ON VARIOUS PROJECTS
The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on the following projects in the amounts as shown, and report that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required and further that no protests or grievances had been filed with the auditor's office.
Project and District No.
Assessment
Annual Installments
2007 Sidewalk Project No. 6071.1 $ 26,551.33 4
2007 Weeds Project No. 6196.1 719.89 1
2008 Sidewalk Project No. 6211 139,786.66 5
2008 Snow Removal Project No. 6221 4,226.00 1
2008 Weeds Project No. 6328 10,213.00 1
Delinquent Utility Accounts No. 9002.5 17,681.16 1
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in annual installments as shown on principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.
MATTER OF AIRPORT TERMINAL
The matter of the plan by the Grand Forks Regional Airport Authority to build a new passenger terminal at the Grand Forks International Airport had been presented to the city council at a previous meeting at an anticipated cost of $20,650,000 and an eventual cost of up to $22,500,000, with funding costs as follows: $16,150,000 from Federal Aviation Administration, $4,500,000 in tax levy contingent revenue bonds, and $1 million in State Aeronautics Commission grants.
Council Member Gershman introduced the following resolution approving the issuance of Airport Revenue Bonds by the Grand Forks Regional Airport Authority: Document No. 9196 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that the Resolution approving the issuance of the Airport Revenue Bonds be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
SUPPORT CREATION OF RESTRICTED AIRSPACE IN
VINCITY OF GRAND FORKS FOR OPERATION AND
TRAINING OF UNMANNED AERIAL SYSTEMS
The staff report from the city administrator relating to Air Force restricted air space letter, with recommendation to adopt a city council motion supporting the creation of restricted airspace in the vicinity of Grand Forks for the operation and training of unmanned aerial systems.
Rick Duquette, city administrator, reported we had representatives from the BRIC Committee at all the scoping meetings and there were some questions from people who operate sprayer planes and how it impacts them and that was the most information received, otherwise well received. Council Member Gershman stated that another thing the Air Force is looking at is as the UAS or UAV goes up they release that airspace below, and are trying to accommodate as much as they can.
It was moved by Council Member Bjerke and seconded b Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ELECTION OFFICIALS, POLLING SITES AND
ELECTION HOURS FOR GENERAL ELECTION
The staff report from the mayor's office relating to election officials (inspectors) and polling site for the November 4, 2008 General Election, with recommendation to approve election officials (inspectors),and polling site for the election.
Council Member Bjerke asked to be recused from voting on this issue, and it was so moved by Council Members McNamara and Bakken, carried 6 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Bakken that the recommendation be approved along with setting the polling hours from 7:00 a.m. to 7:00 p.m. Carried 6 votes affirmative, Council Member Bjerke recused.
ADOPT RESOLUTION RELATING TO $3,455,000 REFUNDING
IMPROVEMENT BONDS, SERIES 2008D, CALLING FOR THE
SALE THEREOF
The staff report from the finance and administrative services director relating to authorize the call for bids and set sale date for $3,455,000 Refunding Improvement Bonds, Series 2008D, with recommendation to adopt resolution relating to $3,455,000 Refunding Improvement Bonds, Series 2008D, calling for the public sale thereof.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 9197 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kreun and upon vote being taken thereon, the following voted in favor: Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; and the following voted against the same: none; whereupon the resolution was duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
AWARD BIDS FOR PROJECT NO.6262, LIFT STATION 22
PUMP REPLACEMENT, PHASE 2
The staff report from the engineering department relating to bids for Project No. 6262, Lift Station 22 Pump Replacement, Phase 2, with recommendation to award contract to low bidder, Northern Plains Contracting, in the amount of $107,820.00 for the project.
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 Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6380, PCCP FORCEMAIN INSPECTION
SERVICES AND REPORT
The staff report from the engineering department relating to Engineering Services Agreement for Project No. 6380, PCCP Forcemain Inspection Services and Report, with recommendation to approve Engineering Services Agreement (including services of interior forcemain pipeline inspection) with Advanced Engineering and Environmental Services, Inc. (AE2S), in the amount of $235,050.00.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the agreement approved.
APPROVE REQUEST BY POLICE DEPARTMENT FOR
SOLE SOURCE PURCHASE
The staff report from the police department relating to request to sole source purchase portable alarm system, with recommendation to approve Grand Forks Police Department's request to sole source purchase portable alarm system from VARDA Company of Bakersfield, CA
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ENGINEERING SERVICES AGREEMENT
FOR WASTEWATER PRETREATMENT EVALUATION
The staff report from the director of public works relating to engineering services agreement for Grand Forks Wastewater Pretreatment Evaluation, with recommendation to approve the agreement between owner and engineer for professional services in the amount of $117,950.00 for the Grand Forks Wastewater Pretreatment Evaluation.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the agreement approved.
APPROVE SPECIAL EVENTS PROGRAM
The staff report from the urban development director relating to Special Events Program, with recommendation to authorize staff to proceed with the 2009 Special Events Program.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Bjerke voting against the motion.
APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR A COMMERCIAL KENNEL FACILITY (WAG 'N' TRAIN)
IN A-1 DISTRICT
The staff report from the Planning and Zoning Commission relating to request from Jeffrey and Shirley Hussey on behalf of Carlene and Joanne King for approval of a conditional use permit (CUP) for a commercial kennel facility (Wag "N" Train) in the A-1 (Agricultural Preservation) District (located at 1662 15th Avenue Northeast (part of the SE Quarter of the SW Quarter of Section 16, Township 151 North, Range 51 West, Brenna Township), with recommendation to approve the conditional use permit subject to the enclosed conditions.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR CHILDCARE CENTER IN AN R-2 (ONE AND TWO
FAMILY RESIDENCE) DISTRICT, WITH CONDITIONS
The staff report from the Planning and Zoning Commission relating to request from Kelly Faller on behalf of the Zion Methodist Church for approval of a conditional use permit (CUP) for a childcare center (Sunflake Pre-school and Daycare) in the R-2 (One and Two Family Residence) District (located at 1001 24th Avenue South), with recommendation to approve the conditional use permit, subject to the enclosed conditions including the addition of Condition 5: "The conditional use permit will not expire until such time that the use is discontinued or changed".
Council Member Kreun reported that they have met all the criteria for the conditional use permit for the daycare but that the paving of the parking lot has to be completed and the city planner has met with representatives of the church to determine a progress report but that if the parking lot isn't completed this should be revisited at the end of the timeframe to determine whether continue the use as a conditional use.
Brad Gengler, city planner, reported he had met with Church representatives and the applicant to determine where they are at, and to establish a reasonable timeframe for the paving with a two-year window, approving the conditional use permit and in two years verify whether paving completed, that if it has been paved should signify a longer period for the conditional use permit vs. it not being paved in the two years, and have to take proactive stance, and how that could be worded in the conditional use permit.
Howard Swanson, city attorney, stated that if it is the intent to include a condition that the paving be completed within a certain period of time his recommendation is that you make that a condition or element of the conditional use permit.
It was moved by Council Member Christensen and seconded by Council Member Kreun to grant the conditional use permit with review on November 1, 2010, with condition that paving be completed; and that the permit be approved by the city attorney.
Kelly Faller, director of Sunflake Pre-school, stated that if they were going to tie the paving of the parking lot to Sunflake, which has nothing to do with the actual paving whether it gets done or not as they are a renter in the building, and that if something should happen and is not paved, she is the one who gets punished for it.
Mr. Swanson stated that the paving requirement is required even now in the Code but what has brought it into more focus is the request to place a daycare into that facility, the daycare does have to have a conditional use permit, that it is not a direct requirement for Sunflake to make sure the paving is done, it is a requirement to that property; however, the impact is if it is not completed then that property cannot be used for a daycare without further action of the city council. There is an interim period if the motion passes that the facility can be used for a daycare and would be dependent upon the conditional use permit; but at some point the paving would be required if this motion passes.
Ms. Faller stated that on the conditional use permit in two years and the parking lot is paved, does her conditional use permit continue on or does she have to appear before council in two years. Mr. Gengler stated they would recommend that after the two year period and the parking lot is paved that the permit is allowed to continue, that the permit is still valid unless business leaves or ownership changes, but if stays as is no cause to go back unless Code violation.
Council Member Christensen asked that the permit draft be approved by the city attorney as an addition to his motion, the second agreed.
Mr. Gengler stated in answer to question that if the paving is not completed, would the business have to be relocated, that there would be some discussion and/or negotiation.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT A, BLOCK
1 OF REPLAT OF LOTS 1 AND 4, BLOCK 1, PERKINS 1ST
ADDITION
The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks, ND for final approval (fast track) of the Replat of Lot A, Block 1, of the Replat of Lots 1 and 4, Block 1, Perkins 1st Addition to the city of Grand Forks, ND (located at 32nd Avenue South and Columbia Road), with recommendation to give final approval of the plat, subject to the enclosed conditions including the deletion of Technical Change Number 3.
It was moved by Council Member Kreun to approve the recommendation with amendment to reinstate that there is a variance for limited access to that particular lot. Council Member Christensen seconded the motion. Carried 7 votes affirmative.
Upon call for the question as amended and upon voice vote, the motion carried 7 votes affirmative.
ADOPT ORDINANCE TO AMEND TEXT OF THE LAND
DEVELOPMENT CODE, CHAPTER XVIII, ARTICLE 2,
ZONING, SECTIONS 18-0204 AND 18-0206, USES
PERMITTED, LIMITED, CONDITIONAL AND PROHIBITED,
RELATING TO CONDITIONAL USE PERMIT FOR GUEST
HOUSE IN A-1 AND A-2 DISTRICTS
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 Article 2, Zoning, Section 18-0204, Rules and Definitions, Subsection (2) Definitions, Section 18-0206, A-1 (Agricultural Preservation) District and A-2 (Agricultural Urban Reserve) District, Subsection (3), Uses permitted, limited, conditional and prohibited; all relating to a Conditional Use Permit (CUP) for a guest house in the A-1 and A-2 Districts, with recommendation to give preliminary approval to the ordinance, and schedule a public hearing for November 17, 2008.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 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 uses permitted, limited, conditional and prohibited", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT
LOTS 1, 2, 3 AND 4, BLOCK 1, KORYNTA-LEMM SUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Gateway Storage, LLP and Britton Transport on behalf of Gateway Storage, LLP, Britton Transport and Violet Korynta for preliminary approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and include within the I-2 (Heavy Industrial) District, Lots 1, 2, 3 and 4, Block 1, Korynta-Lemm 4th Resubdivision and Lot 2, Block 1, Korynta-Lemm 2nd Addition to the city of Grand Forks, ND (located west of North 48th Street and south of 17th Avenue North), with recommendation to give preliminary approval to the ordinance and set a public hearing for November 17, 2008.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 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 B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Lots 1, 2, 3 and 4, Block 1, Korynta-Lemm Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE BILL LISTING
Vendor Payment Listing No. 08-20, dated October 16, 2008, totaling $1,011.625.86 was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Gershman 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 Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES OCTOBER 6, 2008
Typewritten copies of the minutes of the city council held on Monday, October 6, 2008 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Glassheim that these minutes be approved as corrected. Carried 7 votes affirmative.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Bakken that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
________________________________
Michael R. Brown, Mayor