Print VersionStay Informed
Minutes/Committee of the Whole
Monday, July 12, 2004 - 7:00 p.m.

The city council met as the Committee of the Whole on Monday, July 12, 2004 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown announced that when addressing the committee to please come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast.

Mayor Brown commented on various events held during the past week and upcoming events:

1) congratulations to everyone at the Grand Forks Air Force Base for wonderful open house on Saturday, that there were 10,000 to 15,000 people who attended Friends and Neighbors Day, pleased that there are lot of people from region out to support our military and families. He stated he was at the Base today to view the new commissary, great addition for the quality of life for all the military families.
2) Prairie Rose Games, 4,000 people participated and 12,000 people coming to Grand Forks because of the event and thanks to Park District and volunteers.
3) He noted article from major Norwegian newspaper that North Dakota is fifth top state that Norwegians visit when coming to America.
4) He stated an exciting week at Alerus, fair starting Wednesday through Sunday, staff have partnered with the Murphy Bros. to make sure it gets better each year.
5) Summerthing will be held this weekend at University Park, event for families and sponsored by Park District.

Mayor Brown stated that last week Council Member Hamerlik asked about recent changes in flood insurance legislation. Al Grasser, city engineer, gave a brief update on the National Flood Insurance Program bill, that FEMA has been working on that issue for 15 or 20 years trying to reduce the repetitive loss to properties that occur, they have quoted that 1% of the insured properties under flood insurance account for 25 to 30% of the claims paid, that the President signed that bill in the last couple weeks. It has been progressive bill to hold down repetitive losses and for Grand Forks shows wisdom of flood protection project to reduce and eliminate our citizens' properties from exposure to repetitive loss; that under that program if you have a claim, more than $1,000 within any single claim and if have more than one in any ten year period your insurance premiums will be subject to a raise of approx. 50% in rates, that the bill is unspecific as far as assistance that would be provided to the property owners, they will offer assistance in raising the building, fill or whatever type of protective measures but not specified in the bill as to how they would do that but wouldn't leave the property in the lurch but significant incentive.

2.1 Budget amendment - Department of Finance/Administrative Services.
There were no comments.

2.2 Bids for Project No. 5517, Dist. 592, Promenade 1st Addn. and Promenade Second Resubdiv. alley paving; Project No. 5688, Dist. No. 604, Promenade Second Resubdiv. paving and Project No. 5690, Dist. No. 20, Promenade sidewalk.________
There were no comments.

2.3 Actions re. Grand Forks Housing Authority's Promenade Subdiv. infrastructure.
There were no comments.

2.4 Final certification of infrastructure connection fees (tapping) for Proj. No. 4838.
sanitary sewer for Southern Estates - S. 20th St. from 40th to 47th Ave.S. and 45th
Ave. S from 20th St. to 25th St.____________________________________________
There were no comments.

2.5 Consideration of bids for Project No. 5696, Alerus Center Parking Lot fog seal.
Council Member Brooks questioned funding for the project; the city auditor reported loan from Water Fund carryover and paid back from the Alerus bond with interest; council approved enough to cover - up to $1.3 million..

2.6 Bids for Project No. 5628, Dist. 597, alley paving between Almonte Ave. and Lanark Ave. from 10th to 11th Aves. S._____________________________________________
There were no comments.

2.7 Bids for sanitary sewer and watermain along Adams Drive - Project No. 5677, Dist. 434, sanitary sewer and Project No. 5678, Dist. 283, watermain._________________
Mark Walker, asst. city engineer, reported district created June 7, 2004, that the intention
is to cover areas adjacent to Adams Drive and as additional development occurs and as additional sewer and water needs to be expanded that will be special assessed with future project. Council Member Christensen questioned special assessments for individual lots in this area as to sanitary sewer and watermain service to make sure it is equal to what others paying for similar sized lots and wants to have a general ideas so if need to expand the special assessment district if possible at this time. Mr. Walker stated some lots larger than average; and would forward info.

2.8 Bids for Project No. 5676, pump station 42 and forcemain, Project No. 5685, Phase 4 Levee sanitary forcemain relocation, and Project No. 5686, Phase 4 Levee water- main relocation.__________________________________________________________
Council Member Christensen stated he had same questions on this issue as he did on previous item. Mr. Walker stated costs paid by the wastewater funds and not special assessed.

2.9 Consideration of bid for RDK Rapid Deployment Kit for fire department.
There were no comments.

2.10 Application for moving permit to move garage from 1020 Letnes Drive to 916 S. 9th Street. (public hearing on July 19, 2004)_____________________________________
There were no comments.

2.11 Cities Area Transit (CAT) School Tripper service change.
Council Member Gershman complimented Todd Feland and staff for taking initiative to work this issue out and save citizens $33,000 - tripper service for the School District will go to private business, Dietrich Bus, and thanked Mr. Feland.

2.12 Request from Grand Forks/East Grand Forks MPO for a land development
moratorium along and one-quarter mile north and one-half mile south of
Merrifield Rd. from the intersection of Merrifield Rd and Belmont east to the Red
River. (public hearing/second reading of ordinance scheduled for July 19, 2004)._
There were no comments.

2.13 Request from CPS, LTD. on behalf of Gatecity Bank for final approval of replat of Lots A, B and M, Blk. 1, Washington View Addn. (loc. at 32nd Ave.S. and S. Washington St.)_________________________________________________________
There were no comments.

2.14 Petition from Grand Forks County and Pribula Engineering to vacate a 20-foot wide utility easement running east/west through Lot 1, Blk. 4 of replat of Block 4, Fairgrounds Subdivision._______________________________________________
There were no comments.

2.15 Petition from Lavonne Adams to vacate two 30-foot wide drainage easements lying 15 ft. on each side of the line common to Lots 3 and 4, Blk. 1 and Lots 3 and 4, Blk. 2, Shady Ridge Estates Sixth Addn.________________________________________
There were no comments.

2.16 Request from CPS, LTD. on behalf of Steve Adams for final approval of a replat of Lot F, Blk. 1, Columbia Park 10th Addn. (loc. at 3250 32nd Ave.S.) to include a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907, Subsection (2) Rights of Way, paragraph (L), as it relates to access to arterial streets.__________________________________________________________
There were no comments.

2.17 Request from CPS, LTD. on behalf of Jed Carlson for final approval of a replat of Lot 1, Blk. 3, Washington Estates Addn. (loc. at 3880 S. 11th St.) to include a variance to the Land Development Code, Article 2, Zoning; Section 18-0204, Rules and Definitions, Subsection (2) Definitions, as it relates to the definition of minor subdivisions.__________________________________________________________
There were no comments.

2.18 Petition from Quality Rail Service, Ferrellgas, L.P., and the BNSF Railroad to vacate all of N. 17th Street from Dyke Avenue south to the BNSF right of way between Blks. 32 and 33, Budge and Eshelman's 3rd Addn. (loc. between 1623 and 1701 Dyke Avenue)______________________________________________________
There were no comments.

2.19 Petition from Rodney Clark and Max Hoefs to vacate the sidewalk designation of a 20-foot wide "drainage and sidewalk easement" lying 10-feet on each side of the lot line common to Lots 7 and 8, Blk. 3, Mighty Acres Second Addn. (loc. between 637 and 653 Evergreen Dr.)__________________________________________________
There were no comments.

2.20 Request from Planning Department for 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 18-0216, B-3 (General Business) District, Subsections (2) Uses Permitted and (11) Special Conditions; and Section 18-0218, I-1 (Light Industrial) District, Subsection (2) Uses Permitted, all relating to small animal boarding facilities.________________________________________________
Council Member Kerian asked what this issue is to accomplish. Dennis Potter, city planner, stated they have had a woman doing boarding facilities for cats and ordinance doesn't allow for that, so prepared ordinance to deal with cats as well as small animals listed in the ordinance, are at preliminary stage, and health department would be involved.

2.21 Request from Mikkelson Consolidated for ordinance to amend the zoning map to exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No., 4, all of Village Resubdivision No. 2 and all of Village Resubdiv. No. 3 (loc. between Interstate 29 and N. 42nd St and between 5th Ave.N. and University Ave.----------__________________
Council Member Brooks stated material makes reference to a bookstore and asked if they had more information. Council Member Christensen also stated he would like more information on some of these requests so that they have better idea of what is being proposed in these areas; and at one time there was a proposal for apartments here. Mr. Potter stated that has not gone way yet; and that they do not have a name or specific location of where the bookstore would be but will have that before this comes back to Planning and Zoning and for final approval. He stated they have request to do bookstore and other general commercial which fits in the B-3 and showed location of area on map, large bulk of the property is in the PUD for residential development and request is to change the two frontage areas on University and on North 42nd Street from B-1 to B-3. He stated there were no requests to change the current existing access points on 42nd and two access points onto University Avenue, one immediately west of the Mini-Mart and second one which is opposite Dartmouth Drive which accesses the University of North Dakota, and last access point is one which comes off of 5th Avenue North. Council Member Kreun stated these questions were asked at the P & Z meeting because in last few months have authorized some turning lanes and access into other properties and were working with individuals to make sure they have access to all the property as it becomes developed later on.

Council Member Christensen stated assuming the B-3 zoning is granted that is beginning of different requests as to this parcel of property and rather than piecemeal is if get better plan and get understanding as to what additional accesses might be requested without different hearings on access and changes in planning and zoning because it appears they will need an access off 42nd or will have the same problems we had on 32nd where no access and that Planning and Zoning had the same questions and perhaps that could be done. Mr. Potter stated that can be done.

Mayor Brown questioned that as Mikkelson made the request and if they don't request more, how can we act on more. Mr. Potter stated next week have preliminary review of this and staff can make request for additional information that has been outlined in this discussion and outlined at Planning and Zoning and request that be available for Planning and Zoning when they take final action, and then back to council for review in August. He also noted that there is access onto 42nd at this point. Council Member Christensen stated if that is the access they need and we don't anticipate any additional access based upon what owners and developers feel is appropriate, then we don't have more questions. Mr. Potter stated doesn't hurt to recheck.

2.22 Request from Webster, Foster and Weston on behalf of West Side Properties, LLP for an ordinance to amend the zoning map to exclude from the North Congressional PUD (Planned Unit Development.), Concept Dev. Plan, Amendment No. 1, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Congressional First Resubdivision, Promenade First Addn., Promenade Second Resubdivision and Lot A, Block 1 of replat of Lot 12, Block 1, Rydell-West Subdiv. (loc. between N. 55th St. and N. 51st St. and between 10th Avenue North and University Avenue) Ave.)_____________
Council Member Brooks questioned where the 18-plex will be located. Mr. Potter stated
an area to the west is Promenade, have N. 53rd running to the north, cross street is 10th Avenue North, and Selkirk - easterly street is North 51st Street

2.23 Request from L & M Development for ordinance to amend the zoning map to exclude from B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Lot 1, Block A of replat of Block 1, Adams-Dobmeier 2nd Subdiv. (located at 6105 Gateway Dr.)___________________________________
Council Member Brooks stated that this is related to several items they will be discussing
as have three pieces of property coming in that are requesting to be zoned to heavy industrial
along Gateway Drive, and have been discussing properties along Gateway and Hwy. 2 and to take
some action to clean up the gateway to the city - have an Industrial Park where things like this
should be and need to start looking to change what is happening in the future - they are putting
together a Gateway Committee to make that area more appealing esthetically and now talking
about rezoning that to industrial again, this seems to be counter-active to the gateway committee.

Council Member Gershman stated these businesses are fairly well landscaped and nice looking
businesses, is an expansion of existing business and one new business that are going to create
some good paying jobs, but if take one at a time and businesses are very responsible and doesn't
feel this threatens the beautification of Gateway Drive.

Council Member Brooks stated his questions regard the zoning and not the businesses, New Vision is good business, and concerns are if zoning that industrial, know what is there now but not what will come in the future, and issue that needs to be discussed.

Martin Lee, one of the owners of L & M Development which owns New Vision Fiberglass, Inc. gave background on how ended up as manufacturer on Highway 2 in a B-3 zone - that in 1987 moved into a building in FTZ in Industrial Park, and plan was to grow into this facility, that in 1988 FTZ acquired more tenants and found that New Vision had an odor problem going over the rest of the building and to correct this would cost $250-300,000 investment, John O'Leary stated that New Vision Fiberglass' lease was coming up and had a choice, taking the whole building or moving out - only thing available that would fit their purpose was Highway 2 which was zoned B-3 and they said they would handle that with conditional use permits; they ended up buying the building and developed it and made it work but now have to make decision on it, and need to make some changes. He stated presently they are doing joint deal with a plastics company from Canada that has a patented process and are leasing space and employees from New Vision and they have a contract with Canadian company that mfgs. train system, Skidoo and we spray these parts in a spray booth and they have machines that stamps out the product and they are going to need more sq. footage for manufacturing

There was considerable discussion as to whether properties should be in light industrial or heavy industrial districts as zoning classification for Highway 2 corridor; that if amending uses in an I-1 or I-2 zones is not site specific but are amending the uses to all property that is classified as I-1 or I-2. It was also noted that the list of permitted uses in I-1 and I-2 zones were drafted in 1985 and 1987, except for some minor modifications, and that it may be appropriate to look at those uses.

There was some discussion as to granting these businesses a building permit, and if extended New Vision's conditional use permit if that could be done. There were some questions as to the conditional use permit, whether in effect, etc. Council Member Glassheim asked if they can get a building permit if improperly zoned. Mr. Swanson stated if improperly zoned, permits are typically not issued if the purpose of that building permit is to expand improper use in the zone - if building permit is issued for use as consistent with the present zoning, provided other requirements are met, then a permit could be issued. Glassheim stated that if problem here, not give building permit until we resolve the problem.

Discussion was made as to whether this would be spot zoning, there is I-2 zoning where auto salvage yards are - within one-half mile. Questions were also raised whether this could be zoned as PUD. Mr. Swanson stated they are looking at an individual with a present use of zoning vs. the overall picture of zoning and planning, the theory of zoning is not who is using the land today and how is that land best integrated into the overall growth development of community and in the future, not familiar with applications, and the question was asked can this be transferred or established as a PUD, this is possibility but doesn't give you complete authority to do what some would like to do as far as individual restrictions or conditions placed on the use. He stated this isn't up for final approval at next meeting - this is preliminary hearing and can give preliminary approval and do modifications and amendments at final reading and maybe time for more information.

Council Member Gershman asked if possible for Mr. Swanson to be able to develop an answer for us - not just for today but how protect the City for future use of the property and still try to get these people into business as quickly as can; Mr. Swanson stated he can meet with Planning and get more detail, other than what discussed tonight doesn't have background from Planning and Zoning, of staff review or Inspections review and not in position that he can give tonight any concise answers to solve the problems, have to look broadly, what is the zone but what can the zone be, various code and what can be amended and suggested that their listing of businesses are not consistent with today's reality and should look at and what concerns are, and curious on conditional use permit and if there is a conditional use permit the question may be solved and may not be an issue here.

Mr. Lee stated he wanted to elaborate a little more on the arrangement they have with the plastics company - they have reviewed the Codes and feel they would be more comfortable to add more mfg. space without adding more storage space, and feel that they are going to start putting dollars into our situation and our plant that they really want to look at an I-2 type of Code, that before the fire we had a title 5 permit for pollution and went down to a minor after the fire and have a permit to construct to become a title 5 again; this company looking at a possibility of two other locations if it does not fit in, and this will probably be the first time since the fire that we can maximize this particular facility. He stated they are going to add jobs, the company has two large plants in Canada, make injection parts for Case, John Deere and other large companies, and his concern is that they would like to see them here and keep the plant busy, they utilize New Visions' employees now and probably looking at a couple shifts out there - their process has no emissions because it is a totally closed system and when you go to their plants in Canada , you hardly smell any odor - that if do a B-3 deal with Pribula, will be looking at the same thing down the road.

Keith Danks, Jr. stated he has nothing to do with the previous applicant but more than a little familiar with his partner in leasing some space from him and they are a first class operator out of Canada and to help to facilitate in the minds of the council people the size of their client which makes Lear jets, water crafts, ATV's , etc. and if make Grand Forks a cog in the wheel of industry, it is something that should be considered in granting their request.

2.24 Request from CPS, LTD on behalf of AG Park LLP for preliminary approval of replat of Lot 3, Block 1, Brown Corporation Addn. (loc. at 12th Ave.NE and 12th Street NE)____________________________________________________________
There were no comments.

2.25 Request from Jerry Pribula on behalf of Lavonne Adams for preliminary approval of replat of Shady Ridge Estates Sixth Resubdivision, being a replat of all of Shady Ridge Estates Sixth Addn. (loc. at Desiree Drive and Adams Drive)_____________
There were no comments.

2.26 Request from Keith Danks and Shirley West for ordinance to amend the zoning map to exclude from B-3 (General Business) District and A-2 (Agricultural Reserve) and include in the I-2 (Heavy Industrial) District the Pribula Addition (loc. north of U.S. Highway 2 between N. 62nd and N. 69th Sts.)_____________________________
Tim Pribula, 23 Sandy Hills, presented what he has envisioned for the Keith Danks
property, that they envision reskinning the entire building and adding on 175 ft. to the east with
60x60 office area and reviewed some of their landscaping plans, have $20,000 budget, and they
are developing along with their site plan a landscaping plan that they will submit as part of their
condition on the building permit - in addition to that within two weeks the entire property
cleanup will be completed and will start landscaping and drainage ditching and other prep area
for the site itself. He stated their facility is projected to employ 24 employees by 2005 and will
have 12 immediate new jobs on start-up and projecting approx. 32 employees by the year 2006 -
and that they would like to have the facility as nice as possible and believes they would be a good
tenant; not sure as far as the I-1 or I-2 designation, not sure if would fit into an I-1 or not. He
stated they would be working with the Defense Department concentrating on areas of the defense
industry, milling, drilling and some paint work, some packaging, shipping of repair parts for
various vehicles, etc. Mr. Potter in answer to question how this doesn't meeting I-1, stated it is
the intensity of the use they are doing inside the building.

Council Member Brooks stated in terms of Gateway Drive, what they envision out there the
industrial designation can be there, and concern is can have manufacturing facility but outside
aesthetically nice and looks good to the people coming into town - and they are going to work
with the businesses that are there, but want appealing drive in.

2.27 Request from Jerry Pribula on behalf of Keith Danks and Shirley West for preliminary approval of plat of Pribula Addition, being a portion of the S Half of the SW Quarter of Section 36, T152N, R51W of the P.M. (loc. north of U.S. Highway 2 between N. 62nd and N. 69th Sts.)_______________________________
There were no comments.

2.28 2004 Storefront Rehabilitation Program.
Council Member Brooks asked whether applicants must be current in their property taxes, and it was noted that they have to be current.

INFORMATION ITEMS

3.1 Council and Committee of the Whole attendance report for period April 1, 2004 through June 30, 2004._________________________________________________
There were no comments.

3.2 Portfolio Management/Summary report ending June 30, 2004.
There were no comments.

ADMINISTRATIVE COORDINATOR COMMENTS

Rick Duquette, administrative coordinator, provided a brief update on the Canad Corporation re. progress on their entertainment complex - their architects and other professionals have been retained, the preliminary plans for the hotel are close to completion, preliminary plans of water park are in progress, discussions with multi-plex theatre continue on and will be wrapped up shortly, plan to complete the soil tests very soon and a construction schedule is being developed and expect to begin in 2004.

MAYOR & COUNCIL MEMBER COMMENTS

1) Council Member Hamerlik asked that the report be given to the Event Center Commission. He stated that the person behind the television recording screen that they don't see - Shelly Troff who has been operating that for the last few months and today is her last day of work and soon departing the city of Grand Forks - and asked Shelly to come forward - that she had done good work, not only for the City but on the TV crew.

3) Council Member Kerian stated that pay for performance which was recently brought up at council, thinks when put in pay for performance that was a change and change always difficult, but expectation was that we could pay people fairly and set expectations with management and administration, and a way to measure to those expectations, only in it a year, and would ask employees to bring their comments to anyone and continue that conversation, but need to give it a little time and did invest some with University consultants to help define what those expectations would be, and consider people's concerns and continue to work with this.

She stated there had been some interest in the part of employees to review benefits, in particular to consider the retirement, and that there may not be anything in the Code that calls for review of that and asked if that could be explored - what we have in the Code, what need to have in the Code so there is review of the benefits that employees get.

Council Member Hamerlik stated that he understood that there would be some dialogue with some of the employees and council people and that she chair it for the council and asked if that could move ahead without checking through all the ordinances, would suggest that employees get a chance to talk about some of the things they want to discuss and go into more structure later.
Council Member Kerian stated she had not asked for that at this time is because we are hiring an HR director and if that could be part of the conversation. Council Member Hamerlik stated that was excellent idea however it is going to be several months before that person is hired.

4) Council Member Kreun stated he brings a comment from chair of Planning and Zoning that if look at item 2.16, that he felt that should have gone to Planning and Zoning prior to it coming to city council.

5) Council Member Gershman stated he attended the Friends and Neighbors Day at the Air Force Base, and thanked Todd Feland and staff and Mayor's Office for putting together buses for the Base for those who don't have transportation.

He stated he happened upon our special enforcement team from Grand Forks Police Department, that they had their equipment and that they put the equipment on him, is very heavy and that you really have to be physically fit, very interesting and very impressed.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor