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Minutes of Grand Forks City Council/Committee of the Whole
Monday, July 14, 2008 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, July 14, 2008 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Gershman (teleconference), Christensen Kreun - 5; absent: Council Member Glassheim, Bakken - 2.

Mayor Brown commented on various items during the past week and upcoming events:
Welcome to Col. John E. Michel and his family, new commander of the 319th Air Refueling Wing and appreciated meeting him at the change of command ceremony last week and talking about critical time for the Base and the new missions. Thank you to Col. Hull and her family and best of luck in their new post.
That we have completed enrollments with the NDPERS and are now on line; this step shows fiscally prudent planning to make sure our city is sound for the long term and is an effort by city employees to make the organization better and congratulations to them and the city council for making it possible.

2.1 Application for abatement for 2007 taxes by Samuel and Tracy Christley, 617 4th Ave.S.________________________________________________________________
There were no comments.

2.2 Application for abatement for 2007 taxes by Duane Rostberg, 167 Victoria Court.__________________________________________________________
There were no comments.

2.3 Permanent Flood Protection Proj. No. 4704.4, Dist. 14.4, for newly annexed property from April, 2006 - June, 2008 and other properties with lot line changes due to changes in dike line.________________________________________________
Council Member Kreun asked if possible to have this come up annually so it is reviewed on an annual basis, that this is catch-up. This will be done annually in future.

2.4 The Comprehensive Annual Financial Report of the City of Grand Forks for year ended December 31, 2007 and the Independent Auditor's Report._______________
Copies of the report along with single audit report have been distributed to council
management letter placed on their desks tonight; referred to the audit committee.

2.5 Matter of publication of city council minutes and checks.
There were no comments.

2.6 Funding for Project No. 6279, Dog Park Lighting and Project No. 6301, paving Lincoln Drive.__________________________________________
Council Member Bjerke stated they are violating separation of powers, that the Park
District is a separate taxing entity and should take care of parks; the paving, etc. is being driven by the dog park and questioned why City is paying for this. Greenway betterment is a tax increase and this entire project is going to be a tax increase, 2 dog parks, a road, parking area, turn-around and lights for the dog parks, and that if willing to raise taxes for this is there anything we wouldn't raise taxes for, esp. in these economic times. He also stated that when the dog park issue came up there was talk of City putting in $15,000 to $20,000 for dog park, and now minimum cost is going to be $165,000 if cut paving in half, half for Frisbee golf people, or $260,000 tax increase plus interest because bonded; and that he wouldn't vote for quarter million tax increase for dogs, not appropriate, either find new way to fund it or put it on list and start making some priorities.

Council Member McNamara asked for explanation of the project. Mark Walker, asst. city engineer, stated portion of Lincoln Dr. which is adjacent to the dog park is severely broken up, that a lot of that damage occurred when moving homes from the flooded areas during demolition and majority of it damaged by contractors hauling rock and materials out of there and used as a haul road. Even if the dog park wasn't there would still have to repair this road because in poor condition and when do snow removal activities it causes some problems. In previous years have applied to the State of ND for grant but been unsuccessful for the last 2 years and is probably a trend that will be continued and so have proposed to repair that section of roadway using greenway betterment monies. There is a need for a turnaround on the end of that street because now people drive off into the grassed area - that street is a two-way street and turns into one-way so have to have area for turnaround. Eng. Dept. put together proposal for lighting the dog park and would make area safer in evening hours during fall and winter months. It was also noted that concerns of neighborhood were that lighting doesn't infiltrate neighborhood area.

Council Member Kreun stated that Melanie Parvey and Kim Greendahl had indicated that there were comments made through Roaming Paws Group and other groups that there was a desire to light the area year and half ago and input came at that time. He stated that the road was going to be repaired whether dog park or not, and usage of the park has increased by adding another 18 hole Frisbee golf course, that road is used by Christmas in the Park and that is why need for snowplowing in the winter,. The higher level portion is going to be done in blacktop and lower level portion will be concrete because of flooding; additional part was parking area and lighting for the dog park and can't put all of the cost to the dog park, and that as this gets turned over to the Park District they will have the responsibility of maintenance and control. The additional part is the lighting and the parking for the dog park and is a high usage area and if citizens feel that is worth it, we haven't had a negative response yet, and not fair to attach the full price to the dog park.

Council Member Gershman stated people in apartments don't have ability to have area for dogs to run and for the record is a supporter of the dog park, but that he agrees that this is a Park District function and that it took 5 years of work by Roaming Paws to put this together and they came up with fund raiser for $10,000 and City put in $10,000 and Park District $10,000, and is very successful and that people want a small dog park which is probably a good idea, would hope that the Park District would step up and say that would be their responsibility; and would hope that the citizens don't have to go through fund raising again to get something that other cities do routinely.

Mr. Walker stated their recommendation was to install about 22 stalls of parking for dog park users. However, Mr. Christensen stated that on top of the hill there is a large parking lot and not sure they would have to construct 22 parking stalls as suggested because would eliminate the parallel parking stalls behind those stalls; and questioned why couldn't the Park District step up for lighting - have to repair the street but is unsure about the lights - would be nice to get some calls or e-mails about this.

Council Member McNamara asked why couldn't they make entire street one-way and eliminate the turnabout and eliminate diagonal parking and we do the street, and questioned why is this coming out of greenway betterment. Kim Greendahl stated at one time this was all one-way but after opening up the dog park last October, people wanted to use it in December but had Christmas in the Park and if continued with the one-way, people who wanted to use the dog park were obligated to go through the Christmas in the Park and created extra work for the organization and had people going down the wrong way because it was easier than going through Christmas in the Park - and then provided the two-way when entering the Park to the dog park.

Mr. Walker reported funding of a normal street through budget line item for repair of streets, street would be in a neighborhood where would do a special assessment to collect a portion of the funds to pay for that and a city-match, but in this case the street didn't outlive its life but was damaged due to the flood protection project and that those monies paid for a street that was damaged because of the flood protection project.

Council Member McNamara stated he didn't think the citizens should have the bill to turn around because Christmas in the Park does their thing, that we are in charge of streets and make sure that works and deliver that in most efficient manner and doesn't think because we have Christmas in the Park that necessitates us to build a turnaround for the dog park, and if kept that a one-way street it obviates the necessity to construct a turnaround and saves the taxpayers money. Mr. Walker stated that the cost of the turnaround is not that significant and only requires a small piece of pavement and cost is relatively minor, and if desire is to reduce cost, one way would be to eliminate diagonals and have parallel parking on the street - the message is that the cost of the turnaround wasn't that much and for its benefit, would really recommend that they consider installing it. Mr. McNamara stated he would recommend eliminate both the turnaround and the parallel parking as have parking lot up the hill and looks like an ample one.

Council Member Gershman stated should consider before eliminating parking, as in the winter gets long, no path to walk but now they are doing parallel parking and would be helpful next week if you could give us the number of parallel parking spaces and can almost parallel park on both sides if made it a little wider and see how many as opposed to the 22 stalls in the proposal because if difference of 5 or 6 not worth the extra expense to put diagonal in as opposed to leaving parallel. Mr. Walker stated he would prepare a map showing that or e-mail that out.

Council Member McNamara asked who does lighting in other parks. Mr. Walker stated cost of interior lighting has been a project the City has done and special assessed to the Park Dist at their request.

Mr. Walker stated that installing lighting in the sledding hill they put in 2 poles and had multiple lights; that a lot of the cost will be trenching in the wire as have to connect where the electricity exists, there is a feedpoint adjacent to the Lincoln warming house and trench from that location down the hill to the dog park and install 2 poles and some fixtures and est. cost will be approx. the $25,000 amount.

Council Member Kreun asked Mr. Walker to bring us a breakout of the 20 stalls, that we are using last year's bids and good cost; and if don't make the amenities proper and design it properly so can be utilized by people, wasting time - do it right and asked they break down the cost of the extra parking stalls to see what it is.

Council Member Bjerke suggested they could hire someone on commission to check for dog licenses as they enter the park, and sell licenses there and generate revenue that way, and people using the park would pay for it.

2.7 Change Order No. 3 for Project No. 6131, 2007 Concrete Panel Replacement Project (adding work of Project No. 6301, Lincoln Drive paving adjacent to dog park). ____
There were no comments.
2.8 Bids for Project No. 6309, watermain on S. 42nd St. and 29th Ave.S.
There were no comments.

2.9 Amendment to Public Safety Answering Point (PSAP) Joint Powers Agreement.
There were no comments.

2.10 Request from Pribula Engineering on behalf of Kevin Hodny for final approval (fast track) of Replat of Lots 3, 4 and 5, Blk. 1, Columbia Park 2nd Addn. (loc. at Columbine Ct. and S. 29th St.)__________________________ _
There were no comments.

2.11 Request from CPS, Ltd. on behalf of Crary Development, Inc., et al, for final approval (fast track) of Replat of Lot 2, Blk. 1, Johnson's 4th Addn. and Lot D, Blk. 1 of Replat of Lot 3, Blk. 1, Johnson's 4th Addn. (loc. in 1200 blk. of S. 42nd St.____
Council Member Christensen stated this is a replat of an area where there is limited
service hotel being proposed across the street from Canad Inns and Alerus, and in the last 8-9 months 3 private entities have seen opportunities in our community for the construction of 2 other similar projects and we will have within next 6 to 8 months another 200-210 units being added to the community plus the 100 that just opened up with Country Inn Suites - commended these gentlemen and entrepreneurs for doing these things and see opportunity in the city of Grand Forks

2.12 Request from Tim Crary for approval of ordinance to annex that part of NW Quarter SW Quarter of Sec. 8, Twp.151N, R50W of Fifth P.M. to be platted as Lot E, Blk. 1 of Replat of Lot 2, Blk. 1, Johnson's 4th Addn. and Lot D, Blk. 1 of Replat of Lot 3, Blk. 1, Johnson's 4th Addn., except lands previously annexed (loc. in 1200 blk. of S. 42nd St.)_______________________________________________________
There were no comments.

2.13 Petition from Jerry and Jennifer Hoffarth and Joshua and Lisa Christianson to vacate 20-ft. sidewalk and utility easement lying between Lots 12 and 13, Blk. 1, Sunbeam 5th Resubdiv. (loc. at 4520 and 4538 Homestead Circle)._____________
There were no comments.

2.14 Request from Lori Miller on behalf of LKM Enterprises for prelim. approval of ordinance to exclude from A-2 (Agricultural Urban Reserve) Dist. and include within B-3 (General Business) Dist. Lot D, Haley's 1st Subdiv. (loc. at corner of Washington St. and 55th Ave.S.)________________________________________
Council Member Christensen reported that this matter as well as the next two matters
came before the Planning and Zoning Commission the first week in July and this issue, the rezoning from A-2 to B-3 came out with a tie vote and report of discussion is in your P & Z Commission minutes.

David Miller, 3698 22nd Avenue South, and Lori Miller, reported this is a preliminary site plan of the property they would like to develop at South Washington and 55th Avenue South, and propose to build two adjoining buildings, one for clubhouse for a miniature golf course and the other would be a facility to hold activities such as 20 and under activities for youth dances, etc. Their future plans are to expand current parking lot which has 43-44 spots for parking plus handicapped parking; and future plans would include expanding another 18 hole miniature golf course, extend parking to S.11th Street and in the northeast corner of this lot propose to put in a go-cart track and a building to support that and some batting cages. This is located between Presbyterian Church on the south and All Seasons Garden Center on the north.
Council Member McNamara asked what is to the east - that the closest current development is 323 yds. away and what is going to happen to the east - Kreun stated that was concern as that was planned as a residential area and are changing our plan from residential to B-3 and that this could be laid out is utilizing the buildings as buffers and also the golf course as a buffer for noise from the residential area and to the church, and on the other side is the garden center and they have equipment going all the time and that the golf course and go-carts are different that what we are accustomed to - quieted those down considerably and only thing would want to change in the planning department is the residential area - and how blend and mix that in - this is nice plan and fits the usage and neighborhood of the other businesses and would be in favor of putting this in but we said we wanted that as a residential area but things can change when a good proposal comes up.

Mr. McNamara asked if pass those in tandem, the modification to the zoning for the land to the east of where this development would go. Brad Gengler, city planner, stated the proposed site, to the west there are some planned townhomes on the west side of Washington - that the change to the Comprehensive Plan to change the given land use from residential to commercial is done by ordinance and is done in tandem with the actual rezoning. He stated the existing land use plan and All Seasons Garden Center has been identified as commercial in the land use plan were already existing and commercial appropriate. The area to the east is shown as future residential and farther to the east is where they get into the actual developed Cornerstone Estates and Mighty Acres area - and this gives you a snapshot of the general area they are referring to.

Council Member Gershman stated he questions how many people will be wanting to build a home or townhomes on South Washington, and thinks easy decision to authorize this business, which is a great idea.

2.15 Request from Lori Miller on behalf of LKM Enterprises, LLC for prelim. approval of ordinance re. to Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan, Section 18-0802, Elements, of Grand Forks City Code of 1987, as amended, pertaining to Year 2035 Land Use Plan.___________________________
There were no comments.

2.16 Request from LKM Enterprises, LLC for approval of ordinance to annex Lot D, Blk. 1, Haley's 1st Subdiv. (loc. at corner of S. Washington St. and 55th Ave.S.)
There were no comments.

2.17 Request from Development Homes, Inc. for prelim. approval of ordinance to amend zoning map to rezone and exclude from Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, and to include within Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Perkins 3rd, 4th and 5th Addns. and all of Perkins 6th through 12th Resub. (loc. in NE Quarter of Section 20, T151N, R50W of 5th P.M.
There were no comments.

2.18 Request from Planning Dept. for preliminary approval of ordinance to amend text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Sec. 18-0204 and 18-0301 relating to Definitions and Electronic Changeable Sign Regulation.____________________________________
Council Member Bjerke stated when time for the public hearing that staff would
make every effort and hear what the sign reps. say about this ordinance and if they believe it is business friendly or fair to them. Mr. Gengler stated that reps of the sign companies have been at the table with them drafting this and have given input and provided us with a lot of information that they are establishing the parameters for, they will meet on July 24 with the sign sub-committee as well as the local sign reps.

Council Member Gershman questioned several items in the ordinance - under subsection (k) no
streaming videos shall be displayed - cautioned that Engelstad Arena has video on their billboards
and that ties into the next subsection, (n) and (o) relating to the issuance of permit for new
electronic sign, that signs installed prior to the adoption of these regulations shall be modified or
changed to conform to these regulations - seems to be unreasonable because of cost and usually
have a system of grandfathering things in. Mr. Gengler stated he pointed out a few that they have
been in the process of looking at, esp. letters (m), (n) and (o) and haven't had a chance to review
with Mr. Swanson; that they anticipate for all existing signs, will have to draw the line between
those signs that have technologies and capabilities of actually being programmed, vs. those signs
that may not have those technologies; that the new rules may not apply to some signs that aren't
able to be programmed vs. other signs that do have that capabilities - the overall intent of the
ordinance is to try to create an even enough playing field for all businesses and all entities that
have these types of signs vs. passing a new ordinance that only applies to signs approved after a
certain date, will try their best that everyone is on the same page with this ordinance.

Council Member Kreun stated in talking to reps. from sign companies, they indicated there are
not very many signs out there that cannot be reprogrammed and not very many that would have to
be grandfathered in - most of them can be reprogrammed to meet the standards indicated - they
gave a ban of what they say is good for the customer, good for the sign company, for everybody
and we are trying to write that regulation to stay within that ban and are working with them very
closely to try to stay within that ban of normal usage and common sense.

2.19 Request from Jerry Pribula on behalf of Marvin Omlid for prelim. approval of Plat of Magdalene Subdiv. (loc. at 823 11th Ave.NE, Thompson, ND (SE Quarter of SE Quarter of Sec.2, Walle Twp (T150N, R50W________________________________
There were no comments.

3. INFORMATION ITEMS

3.1 Portfolio Management/Summary as of June 30, 2008.
Information only.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Christensen that we adjourn. Carried 5 votes affirmative.

Respectfully submitted,



Saroj Jerath
Deputy City Auditor