City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 16, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 16, 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, Bakken, Kreun - 7; absent: none.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown commented on various events during the past week and upcoming events:
He recognized that the City received three awards for Excellence in Concrete in the Light Duty Bridge Category for the pedestrian bridge over the Red River, in the Segmental Walls Category for the segmental block retaining wall of the GF Flood Protection Project and in the parking lot category for the Cirrus Design Parking Lot; and noted that was also a private company award winner in Grand Forks in the Tilt-Up Category for the Aurora Medical Park.

ADOPT ORDINANCE NO. 4163, AMENDING ZONING MAP
TO INCLUDE WITHIN B-3 (GENERAL BUSINESS) DISTRICT
LOT 1, BLOCK 1, AUDITOR'S SUBDIVISION NO. 22

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence, High Density) District and to include within the B-3 (General Business) District, Lot 1, Block 1, Auditor's Subdivision No. 22 to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 18, 2006 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from Kevin Ritterman on behalf of JKV Investments for final approval of an ordinance to amend the zoning map to rezone and exclude from the R-4 (Multiple Family Residence, High Density) District and to include with the B-3 (General Business) District Lot 1, Block 1, Auditor's Subdivision No. 22 to the city of Grand Forks, ND (located at 13th Avenue North and Darwin Drive), with recommendation for final approval of the ordinance.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4164, AMENDING ZONING MAP
TO INCLUDE WITHIN THE R-2 (ONE AND TWO FAMILY
RESIDENCE) DISTRICT THE WEST 13 FEET OF LOT 1 AND

ALL OF LOTS 2, 3 AND 4, BLOCK 7, BUDGE & ESHELMAN'S

3RD ADDITION

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-1 (Limited business) District and to include within the R-2 (One and two family residence) district, the west 13 feet of Lot 1 and all of Lots 2, 3 and 4, block 7, Budge & Eshalman's 3rd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 18, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 Susan Christopherson for final approval of an ordinance to amend the zoning map to rezone and exclude from the B-1 (Limited Business) District and to include within the R-2 (One and Two Family Residence) District, the west 13 feet of Lot 1 and all of Lots 2, 3, and 4, Block 7, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota (located at 523 North Washington Street), with recommendation to give final approval to the ordinance.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4165, AMENDING THE
COMPREHENSIVE PLAN, PERTAINING TO THE GRAND

FORKS-EAST GRAND FORKS 2030 TRANSPORTATION

PLAN UPDATE (2003 STREET AND HIGHWAY ELEMENT;

2004 ALTERNATIVE TRANSPORTATION MODES ELEMENT)

An ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2030 Transportation Plan Update (2003 Street and Highway Element; 2004 Alternative Transportation Modes Element)", which had been introduce and passed on its first reading on December 18, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 on behalf of GF-EGF MPO relating to request from the Grand Forks-East Grand Forks Metropolitan Planning Organization to amend the Grand Forks Comprehensive Plan to include the Grand Forks-East Grand Forks 3030 Transportation Plan Update, (2006 Alternative Transportation Modes Element) together with all maps, information, recommendations and data contained therein, with recommendation for final approval to the ordinance.

It was moved by Council Member Gershman and seconded by Council Member McNamara that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE APPLICATION FOR CLASS 4 (FOOD &
BEVERAGE ESTABLISHMENT) FOR TEXAS HOLDINGS,
LLC DBA TEXAS ROADHOUSE

The staff report from the city auditor relating to application for Class 4 (Food and Beverage Establishment) license by Texas Roadhouse Holdings, LLC dba Texas Roadhouse, 3200 32nd Avenue South, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.

Howard Swanson, city attorney, reported that his memo had noted several locations that had violations that were related to alcohol served to minors at locations in other areas of the country, but based on that information would not recommend not issuing the license. He noted he has made it a practice to inform council by memo of any violations related to a new applicant and also serves to notify the applicant in writing of the class of license that they are applying for and also to make written note of whether and where minors and smoking are allowed on the premises; and that typically most large chains are franchise and would not be getting information on locations out of state.

Council Member Kreun moved to approve the license subject to review in one year, seconded by Council Member Christensen.

Council Member Gershman asked to be recused from voting on this item, and it was so moved by Council Members Kreun and Christensen. Carried 6 votes affirmative.

Council Member Brooks stated that if they have violations to address it at renewal time. Mr. Swanson stated that he does monitor any local violations for renewing and if a severe recurrent problem with an establishment came up, would bring that to council.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

APPROVE APPLICATION FOR ABATEMENT OF 2005

TAXES ON PROPERTY AT 1708 2ND AVENUE NORTH

The staff report from the city assessor relating to application for abatement for 2005 taxes by Raymond and Dorothy Spicer, 1708 2nd Avenue North, with recommendation to Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO COMMERCIAL AND RESIDENTIAL
PROPERTIES

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings as follows: 1318 Linden Court, 901 South 9th Street, 908 South 12th Street; 1704 Drees Drive; 3611 13th Avenue North and 3617 13th Avenue North; with recommendation to grant exemptions of increased value for 3 years.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE BUDGET AMENDMENT, FIRE DEPARTMENT

The staff report from the fire department relating to budget amendment, with recommendation to approve budget amendment to purchase capital items and support training activities for Homeland Security (total of $73,860) monies from Department of Homeland Security (DHS) FY 2006 State Homeland Security Grant Fund.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

ACCEPT BIDS FOR POLICE VEHICLES

The staff report from the police department relating to request to accept bids for police vehicles, with recommendation to approve vehicle bids (Bid from Lithia Ford/Lincoln Mercury Sales for six police package four-door sedans in the amount of $132,822.00; per vehicle bid is $22,137.00 and trade-in allowance of $7,600.00; for final total purchase cost of $125,222.00.)

It was moved by Council Member Bakken and seconded by Council Member Brooks that we approve the recommendation for the purchase of six police package four-door sedans. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

TABLE MATTER OF GATEWAY DRIVE ENTRY FEATURE,
AND REQUEST PROPOSALS FROM LOCAL ARCHITECTS

The staff report from the director of urban development relating to Gateway Drive entry feature, with recommendation to direct Gateway Drive Committee to continue to work with the consultant, Ulteig Engineering, to develop additional variations on the original concept, then return to city council with recommendations on a revised decision document at that time.

Council Member Gershman moved to table this matter and to request proposals from local architects, which would go to the Gateway Committee for ranking the responses and return ranking to city council for final decision. Council Member Christensen seconded the motion.

Council Member Brooks gave a brief report on several concerns that the Gateway Committee has been discussing - that area property owners feel if something can be done with the main problems, i.e., salvage yards and commitment from the remaining property owners to entrance feature to work on cleaning up their properties.

Council Member Gershman stated that by putting a figure on the proposal of not to exceed the amount of money available from the State, the only cost would be the design cost which would be paid out of Beautification funds; and that they are not going to spend a fortune on something but that the State has recognized this with their funding and will not exceed that amount.

Council Member Christensen suggested that with the ongoing issues with the existing 10-year conditional use permits in that area, is time to step up and use collective will to remove storage yards and clean up, perhaps with Brownfield dollars available for that, and requested a report on that from Urban Development within 30 days. He also noted that this may cause the businesses affected discomfort in the short term, but best for the City long term. Council Member Brooks stated that they have been working with the salvage yards and that there are a lot of contaminants and issues out there that some may not be aware of and that trying to make aesthetically pleasing without running up multi-million dollar project.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF RIVERSIDE PARK RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd on behalf of the Grand Forks Park District and the City of Grand Forks, ND for preliminary approval of the plat of Riverside Park Resubdivision to the city of Grand Forks, ND (located at Park Avenue between North 3rd Street and Lewis Blvd.), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, give preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for February 20, 2007.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen 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 Riverside Park Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF CENTRAL PARK
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of the Grand Forks Park District and the City of Grand Forks, ND for preliminary approval of the plat of Central Park Resubdivision to the city of Grand Forks, ND (located at South 3rd Street and Elm Avenue), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF LINCOLN PARK GOLF
COURSE RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of the Grand Forks Park District and the City of Grand Forks, ND for preliminary approval of the plat of Lincoln Park Golf Course Resubdivision to the city of Grand Forks, ND (located between 1300 and 2300 Belmont Road), with recommendation to give preliminary approval to the plat of Lincoln Park Golf Course Resubdivision, subject to the conditions shown on or attached to the review copy, give preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for February 20, 2007.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen 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 Lincoln Park Golf Course Resubdivision, 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, AND TO AMEND
SECTION 18-0206 A-1 (LIMITED DEVELOPMENT) DISTRICT
AND SECTION 18-0207 A-2 (AGRICULTURAL RESERVE)
DISTRICT

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 (Limited Development) District and Section 18-0207 A-2 (Agricultural Reserve) District, with recommendation to approve preliminary approval of the ordinance and schedule a public hearing for February 20, 2007.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen introduced an ordinance entitled "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 (Limited Development) District and Section 18-0207 A-2 (Agricultural Reserve) District", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND THE TEXT OF LAND

DEVELOPMENT CODE, CHAPTER XVIII, AMENDING ARTICLE

9, SUBDIVISION REGULATIONS

The staff report 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 9, Subdivision Regulations, with recommendation to grant preliminary approval of the ordinance and schedule a public hearing for February 20, 2007.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen introduced an ordinance entitled "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 9, Subdivision Regulations", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
AS IT RELATES TO EXTRATERRITORIAL ZONING
JURISDICTION

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 zoning map of the City of Grand Forks as it relates to the extraterritorial zoning jurisdiction, with recommendation to give preliminary approval of the ordinance and set a public hearing for February 20, 2007.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, ND for property located within the extraterritorial zoning jurisdiction", which was presented, read and passed on its first reading.
APPROVE SETTLEMENT AGREEMENT IN BDT/LPH VS.
CITY OF GRAND FORKS AND PKG CONTRACTING

Howard Swanson, city attorney, reported that as a result of mediation session held on Friday, January 5, 2007 and the tentative settlement agreement reached, that the city council consider that settlement agreement in the matter of BDT/LPH vs. City of Grand Forks and PKG Contracting.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation for settlement be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE BILL LISTING

Vendor Payment Listing No. 07-02, dated January 12, 2007, and totaling $1,006,609.17, was presented and read.

It was moved by Council member Christensen and seconded by Council Member Bakken 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, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES JANUARY 2, 2007

Typewritten copies of the minutes of the city council held on Tuesday, January 2, 2007 were presented and read. It was moved by Council member Brooks and seconded by Council member Bakken that these minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks stated he had received a call on senate Bill 2173 which would consolidate the School for the Blind currently located in Grand Forks with the School for the Deaf and move it to Devils Lake; that this would severely impact those in the community that have been receiving vision services and asked that Council Member Glassheim check into this bill in Bismarck.

2) Council Member Christensen stated that the Finance/Development Committee will be starting to meet regularly on either Wednesday or Thursday, and that if the Mayor called for a work session that would supercede the standby committee meeting.

3) Council Member Kreun noted that the Service/Safety Standby Committee will be meeting tomorrow, January 17 at 4:00 p.m.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,

Saroj Jerath
Deputy City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor