City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 20, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 20, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, 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 expressed sympathy to the families of Liz Hacker, wife of State Senator Nick Hacker, who passed away this past week.
Thanks to the Counsel General Kim Butler for allowing Grand Forks to host week's Border Issue Summit, quite informative and thanked everyone who participated, and will continue to work with Congressional delegation and State offices to help develop the best trade initiatives.
City Hall will be closed Thursday, regularly scheduled services will not be operated but bus and dial-a-ride will resume on Friday, and to check city calendars for garbage pickup day.
Christmas in the Park begins this Friday in Lincoln Drive Park and will continue through December 31.
Congratulations to Coach Lenin and the UND football team for an impressive victory on Saturday and good luck in Omaha.
Tami Osborne from WDAZ, Channel 8, doing a series called "take this job and love it", and that she picked the mayor's office and welcomed her tonight.

ADOPT ORDINANCE NO. 4157, ENACTING ARTICLE 4 OF
CHAPTER XIV OF THE GRAND FORKS CITY CODE RELATING
TO THE GRAND FORKS GREENWAY

An ordinance entitled "An ordinance enacting Article 4 of Chapter XIV of the Grand Forks City Code relating to the Grand Forks Greenway", which had been introduced and passed on its first reading on August 7, 2006, was presented and read for consideration on second reading, along with Exhibit A, the greenway map. The ordinance had been revised by John Warcup, assistant city attorney, to remove the various sections and provisions which are duplicated in other portions of the Grand Forks City Code and copies had been provided to the council members showing the various deletions or modifications.

The staff report from the greenway coordinator relating to the greenway ordinance, with recommendation to grant approval of the revised greenway ordinance.

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

Council Member Glassheim stated that under Section 14-0406 (E) questioned use of kegs or glass bottles in the park and if they want both kegs and glass bottles permitted or only kegs, and moved an amendment to the ordinance to delete "..or glass bottles.." from that section. Council Member Christensen seconded the motion. Carried 7 votes affirmative.

Council Member Glassheim stated in Section 14-0403 Hours of Operation, they set what can legally be in the greenway, that he agrees with 5:00 a.m. because he didn't think a lot of people would be misusing that but questioned people being there until 11:00 p.m. and moved an amendment to change 11:00 p.m. to 10:00 p.m. The motion died for lack of a second.

Council Member Glassheim stated in Section 14-0406 Alcohol Use or Possession Prohibited in Greenway Without Permit, (A) and (B), and that it seems as though (A) and (B) cover the same thing, and to get the word "permit" into (A) because (C) picks up and talks about a permit, and moved to change (A) after the word "authorized" to insert "by permit issued" and to delete (B).

Mr. Warcup stated his readings of subparagraphs (A) and (B) although quite similar, there is a distinction, and that subparagraph (A) would allow the council to designate specific areas where alcohol could be possessed or consumed within the greenway even without a permit, either a beer area or alcohol area to allow alcohol to be used without a permit; (B) would allow alcohol to be used or possessed in the greenway with a permit at any location. If you chose to amend paragraph (A) as moved by Council Member Glassheim, (B) would be redundant.

Council Member Christensen seconded the motion.

After further discussion and upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

Mr. Warcup stated relative to Council Member Glassheim's motion he did not want glass bottles at all in the greenway, and would be appropriate to add a section after (E) in Section 14-0406, prohibiting glass bottles in all respects. Council Member Glassheim moved that the city attorney provide the language but intention is that they prohibit glass bottles in the greenway. Council Member Christensen seconded the motion. Carried 7 votes affirmative.

It was moved by Council Member Brooks and seconded by Council Member Kreun that the recommendation be approved for adoption of the revised ordinance, as amended. Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

INTRODUCE ORDINANCE AMENDING SECTIONS OF
CHAPTER XI, ARTICLE 1 OF THE CITY CODE RELATING

TO CATS AND DOGS BY CHANGING RESPONSIBILITY FOR

COLLECTION OF LICENSE FEES

The staff report from the director of finance and administrative services relating to cat and dog licensing, change in responsible department, with recommendation to approve amendments to Chapter XI, Article 1 of the Grand Forks City Code.

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

Council Member Gershman introduced an ordinance entitled "An ordinance amending Sections 11-0103, 11-0104, 11-0105, 11-0106, 11-0107, 11-0108, 11-0109, 11-0110 and 11-0112 of the Grand Forks City Code relating to cats and dogs", which was presented, read and passed on its first reading.

APPROVE APPLICATION FOR CLASS 4 (FOOD AND
BEVERAGE ESTABLISHMENT) LICENSE FOR RHOMBUS
HOUSE OF PIZZA AT 312 KITTSON AVENUE

The staff report from the city auditor relating to application for Class 4 (Food and Beverage Establishment) license by Rhombus House of Pizza, LLC dba Rhombus Guys, 312 Kittson Avenue, with recommendation to approve issuance of the license contingent upon approval by the city attorney and the police department and sign off by appropriate departments.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Brooks and seconded by Council Member Glassheim. Carried 6 votes affirmative.

It was moved by Council Member Brooks and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative; Council Member Gershman recused.

APPROVE LICENSE AGREEMENT WITH PARK

DISTRICT FOR LINCOLN DRIVE SLEDDING HILL,

PROJECT NO. 5869

The staff report from the engineering department relating to license agreement with Grand Forks Park District for Lincoln Drive sledding hill, parking lot and lighting, Project No. 5869, with recommendation to approve license agreement between City of Grand Forks and Grand Forks Park District for operation and maintenance of Lincoln Drive sledding hill, parking lot and lighting, contingent upon review by city attorney.

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

REJECT BIDS FOR EXPANSION OF NORTHSIDE FIRE
STATION, PROJECT NO. 5969

The staff report from the fire department relating to consideration of bids for North Columbia Road Fire Station, with recommendation to reject all bids on the project and re-bid the project at a date to be determined after re-working the plans with the architect, EAPC.

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

APPROVE EXEMPTION OF LICENSING OF TRANSIENT
MERCHANTS DURING FIRST NIGHT GREATER GRAND
FORKS

The staff report from the information center relating to transient merchant license exemption for First Night Greater Grand Forks, with recommendation to approve that the 2006 First Night Greater Grand Forks vendors (performers and artists) are exempt from purchasing transient merchant licenses.

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

APPROVE APPOINTMENT TO GROWTH FUND
COMMITTEE

The staff report from Mayor Brown relating to appointment to the Grand Forks Growth Fund Committee, with recommendation to confirm reappointment of Terry Smith to the Growth Fund Committee.

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

APPROVE APPOINTMENT TO PENSION AND INSURANCE
COMMITTEE

The staff report from the Mayor's Office relating to pension and insurance committee appointment, with recommendation to confirm the reappointment of Mike Flannery and the appointment of Council Member Christensen for three-year terms to the Pension and Insurance Committee.

It was moved by Council Member Gershman and seconded by Council Member Brooks that the appointments be confirmed. Carried 7 votes affirmative.

APPROVE LOAN RESTRUCTURING FOR VALLEY
MEMORIAL HOMES

The staff report from the director of urban development relating to Valley Memorial Homes loan restructuring, with recommendation to authorize amending loan documents to reflect the 15-month repayment terms as follows: $10,000/month for 6 months (January - June 2007), $60,000; $20,000/month for 7 months (July 2007 - January 2008), $140,000; and $25,000/month for 2 months (February - March, 2008), $50,000; for a total of $250,000

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

APPROVE REQUEST FOR FINAL APPROVAL OF
REPLAT OF LOTS D AND E, BLOCK 6, COLUMBIA

PARK 29TH ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Art Greenberg, Jr. for final approval (fast track) of the Replat of Lots D and E, Block 6, Columbia Park 29th Addition to the city of Grand Forks, ND (located at 2443 and 2445 Pembrooke Drive), with recommendation to give final approval of the request subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE AMENDING CHAPTER XVIII,

ARTICLE 8, COMPREHENSIVE PLAN, SECTION 18-0802

ELEMENTS OF THE CITY CODE, AS AMENDED, PERTAINING

TO THE GRAND FORKS 2035 LAND USE PLAN UPDATE

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 relating to 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 Year 2035 Land Use Plan, with recommendation to give preliminary approval to the ordinance and set a public hearing for December 18, 2006.

Council Member Glassheim questioned the change in the annexation rating point scale from past to present scale. Brad Gengler, city planner, reviewed background information on this matter, that with the overall 2035 Land Use Plan they also decided to update their annexation point rating system which is being brought to council this evening. Some of the major changes to the system - the older system did not take into account the flood protection system nor the newly adopted tier system and had to take some of those factors and incorporate them into the new analysis; now assign points for proximity of the subject annexation property to the flood protection system, whether it is in or out; also developed a new contiguity system where points are determined by how much percentage of the proposed boundary is contiguous to existing city limits; and also the location as it relates to the tier system, as have a tier 1, 2 and 3 that have been incorporated into the overall land use map. Tier 1 is assigned a much heavier weight because those areas would be annexed presumably on request, the farther you move out to the existing corporate limits, the less weight that variable carries, because the extension of city services, etc. becomes much more costly and difficult to obtain.

Mr. Gengler stated they added more weight in contiguity and location, and also added slightly more of a weighted option to the utilities or proximity of existing utilities and by adding the additional variables, and were still able to maintain that 23 point system, keeping in mind that they do need 12 points of those 23 to be considered for annexation. He stated that relative to the utilities the older system where they called out a 4, 3, 2, 1 and collapsed those to either 2 points or 1 point and that is where deficit would come from the previous point system, and rather than maxing out at 4 points on your water and sanitary now max is only 2, either 2 or 1 point(s).

Council Member Glassheim stated that concern is that you need 12 points to be annexed and have 12 points if in Tier 1 and 80 to 100%, and could have nothing else and have your 12 points, no services have to be nearby as long as in Tier 1 which is within the 80 to 100% boundary, can't deny annexation if you are nearby and something wrong with that. Mr. Gengler stated that this point system doesn't tell the City that you have to annex, just a general guideline. Mr. Glassheim stated if they want to annex, could allow you to annex even without all the amenities nearby.

Council Member Kreun stated one of the reasons they felt it was economically feasible if there were not water and sewer in that area but if close to the city limits and in Tier 1 it makes it economically feasible to run city services out there and that is why those took high number, and discussion came up in committee and their group consisted of participants of all realms of the county and came to an agreement with the committee.

Council Member Christensen stated this has been before Planning and Zoning couple times and came back to a subcommittee and they discussed flood protection, and it was suggested that they make changes on water and sanitary as noted. He stated they have to remember is that it is in Tier 1 which is closest to the city, contiguity and the 80 to 100%, 6 points, and that percentage is the boundary of the proposed annexation area that is contiguous to an existing corporate limits, and those two will get you to 12 points which gives you the ability to annex. He questioned why you would annex, as there is not money because as long as it is agricultural can't be assessed, and the issue for the county people in the township was if we did that they could be subject to special assessments and if we could see that it was moving towards growth and future annexation and charge them for that dike, and that would be the only reason for doing it. Mr. Glassheim stated that might force development faster than might otherwise happen if somebody is paying a rather large flood protection bill and decides to build homes in order to cut their losses. Mr. Christensen stated one of the reasons why cities force annexation is to get some activity on the ground rather than let people grow around it.

Council Member Glassheim stated that contiguity and location are measuring exactly the same thing and didn't agree; and also asked for the current point scale for comparison.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative; Council Member Glassheim voted against the motion.

Council Member Gershman introduced 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 Year 2035 Land Use Plan update", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ORDINANCE
ESTABLISHING MORATORIUM ON APPROVAL OF
SUBDIVISION, PLATS OR APPLICATIONS FOR REZONING
IN CITY'S EXTRATERRITORIAL ZONING JURISDICATION

The staff report from the Planning and Zoning Commission relating to request from Planning Department on behalf of the City of Grand Forks, ND for preliminary approval of an ordinance amending Ordinance No. 4134 establishing a moratorium on the approval of subdivisions, plats or applications or rezoning in the city of Grand Forks extraterritorial zoning jurisdiction, more specifically the amendment is to extend the expiration of the moratorium from December 31, 2006 to March 20, 2007

Mr. Gengler, city planner, gave a brief outline of the background, that in March, 2006 the City extended our extraterritorial boundary from two miles to four miles and recognized the fact that any fully completed application that existed on or before March 20, 2006 that existed in the County would honor those whether plat or deed, etc. and in April completed our 2035 Land Use Plan and in conjunction with that the City adopted a moratorium on all new subdivision plats and rezonings that will expire on December 31, 2006.

He stated as part of that process beginning in May and finalizing in June the MPO along with the City's assistance hired a consultant to bring the firm in to assist us in rewriting the entire Zoning Code as all the goals and policies that we approved and adopted in our 2035 Land Use Plan had to have legitimate teeth in order to enforce and had to rewrite some of the antiquated, esp. the agricultural, zonng districts. He stated that in June they had meetings with the Code Review Committee which consists of two council members and three Planning and Zoning Commission members along with staff and consultants, and also carried on with an amended contract with the consultant to do approximately 5 hour workshops where staff and consultants go through the Code to try to come up with the appropriate adoptions. He stated that some of the draft ordinances in their opinions weren't at a level that they were ready for the formal adoption process, so staff and the committee are requesting that we extend the existing moratorium from December 31 to March 20, 2007, hope to get that done in February, however, extended it further in event something gets tabled or sidetracked, and that have tentatively scheduled for December 12, 2006 and have a public informational meeting focusing on the A-1 and A-2 zoning regulations and subdivision regulations, gather input and in January take existing proposed ordinance along with any changes or corrections and formalize it with the anticipation to complete by the end of March.

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

Council Member Gershman introduced an ordinance entitled "An ordinance amending the ordinance establishing a moratorium on the approval of subdivisions, plats or applications for rezoning in the City's extraterritorial zoning jurisdiction", which was presented, read and passed on its first reading.

APPROVE PRIORITY LIST FOR MPO WORK PROGRAM

The staff report from the Planning and Engineering Departments relating to request from the Planning and Engineering Departments for approval of a priority list for submittal to the MPO for inclusion in the 2007-2008 MPO Work Program, with recommendation for approval of the priority list for the MPO Work Program: 1) 47th Avenue Interstate justification Report, $40,000; 2) All arterial roadway signal light timing project, $65,000; 3) Columbia Road Corridor Study, $80,000; 4) Elementary School Safety Studies, $5,000; 5) ITS related equipment cameras on traffic lights, $10,000; 6) Minnesota/4th Avenue S. study, $50,000; 7) School Crossing study, $40,000; 8) Transit Study, $20,000; and 9) Downtown Study, $120,000.

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

APPROVE BILL LISTING

Vendor Payment Listing No. 06-22, dated November 17, 2006 and totaling $1,262,709.00 was presented and read.

It was moved by Council Member Brooks and seconded by Council Member Glassheim 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 OCTOBER 19 AND NOVEMBER 6,
2006

Typewritten copies of the minutes of the city council held on Thursday, October 19, 2006 and on Monday, November 6, 2006, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Glassheim that these minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks asked that the Gateway Committee meet re. salvage yards or to get back on that matter, and asked to have meeting following up with County re. airport membership seats.

2) Council Member McNamara commended Todd Feland on the interim garbage study that was done and presented to the service/safety committee; and to wish everybody a Happy Thanksgiving.

3) Council Member Kreun commended one of the sanitation workers who last Tuesday morning had picked up garbage container that had tipped over and picked up garbage and proceeded to empty container, and to tell that worker that they appreciate that.

4) Council Member Gershman suggested taking time to look at the lights on downtown buildings and Christmas lights on streets, town looks beautiful. He also noted that he was happy to see the article in the newspaper on the growth of jobs in Grand Forks, that is cooperation by the County, the State, the private sector, Economic Development Corp., the city council, mayor's office and urban development working as a team, that we are growing.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor