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Minutes of Grand Forks City Council/Committee of the
Whole - Monday, March 12, 2007 - 7:00 p.m.___________

The city council of the city of Grand Forks sitting as the Committee of the Whole met in the council chambers in City Hall on Monday, March 12, 2007 at the hour of 7:00 p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim (teleconference), Christensen, Kreun -5; absent: Council Members Gershman, Bakken - 2.

Mayor Brown commented on various events during the past week and upcoming events:
He thanked everyone who took part today in the State of the City address, that the state of
the city is strong and that we have a lot of success to show for the hard work that goes into our community; that we have challenges and opportunities that we need to be working on in the future. The address will be rebroadcast on Channel 2 scheduled to be announced and the text is on the City's new website - www.grandforksgov.com; and thanks to staff, Public Information Center and Information Services, specifically John Bernstrom and Sherie Laudermilt for a job well done.
Congratulations to Master Police Officer Donald Beck, who is retiring from the police department on March 16, 2007 after 20 years of service, with a retirement party tomorrow at noon at the police department.

PRESENTATION RE. 2008 WORLD CURLING CHAMPTIONSHIP UPDATE

Jody Hodgson, general manager of the Ralph Engelstad Arena and president of the local organizing committee for the 2008 World Curling Championships; Don Barcome, Jr., Chris Semrau,; and Jim Satrom, Board member, who couldn't be with them tonight, make up the executive committee for the local organizing committee. He stated the Grand Forks Curling Club and the Ralph Engelstad Arena have partnered to secure and produce this event, that the City has played a significant role in this process, and thanked Hal Gershman and Mayor Brown, and also Rick Duquette and Pete Haga in helping them secure grant funds to make this event happen in our community. He stated they are going ahead with their event planning, have developed their event mission statement and launched their new website, www.worldmen'scurling2008.com that they have had online since Thursday and have had hits from 10 member nations around the world; that full event ticket packets went on sale on Saturday, and that they have started hunt for volunteers and volunteer sponsors. He thanked the City for working with them and again hosting the world in our community. It was noted that there will be 12 competing teams from 12 member nations, Canada and the United States, 8 from Europe and 2 from the Pacific Rim. Don Barcome also thanked the council and staff..

PRESENTATION BY RANDY KOWALSKI, ND DEPARTMENT OF HEALTH RE. STORM WATER REGULATIONS

Randy Kowalski, ND Department of Health, made a brief presentation highlighting some of the relatively new rules from the federal government dealing with storm water regulations. He stated some of this has been done in the past in engineering and in the flood protection efforts but not coming under federal requirements. The rules come in under EPA's Clean Water Act under the National Pollutant Discharge Elimination System, which is the permitting program from wastewater discharges, so the same permitting program that applies to the wastewater treatment plant is the same permitting program that the storm water outfalls are being regulated under. He

reported that in ND the State Department of Health has been delegated authority to operate the permitting program for the federal government, that they will write all the permits and have equivalent laws within the state dealing with water quality and permitting requirements; their permitting rules have to mirror the federal rules; and that EPA does review to make sure that the State is implementing a program equivalent to the federal level.

COMMITTEE OF THE WHOLE DISCUSSION ITEMS

2.1 Ordinance amending Sections 9-0219 and 21-0223 relating to possession and consumption of alcoholic beverages on public rights-of-way, streets or alleys.
John Warcup, asst. city attorney, reported the intent of this ordinance is not a substantive
change but to clarify inconsistencies between two provisions of the Code, and not intended for the use of sidewalk area for cafes or public seating which would still be governed by the inspections department.

Council Member Christensen asked what the current status is in use of sidewalks by restaurants, and would hope that we would facilitate outdoor seating for businesses this spring and asked if staff could pull the information re. sidewalks and what would be available for outdoor seating; and also questioned use of parks near Sanders, Sledsters. Bev Collings, inspections, stated that the Building Code indicates the amount of access that you need on sidewalks, have to allow for ADA, that there is an outdoor seating license and would have to look at each situation; and that use of parks might be different issue than the public rights of way. Christensen stated asked if they could look at that on Thursday so they can have some degree of consistencies for the people when they come in and make the application.

Brad Gengler, city planner, stated that the outdoor seating and encroachment agreements that were passed about two years ago in the downtown, is under the Downtown Design Review Board. He stated they have processed a few applications and recently did receive a request from a downtown restaurant that wanted to do that, however, the DDRB process does not include the serving of alcohol, but just an encroachment agreement to allow seating. He stated what they would have to do if refining this ordinance is how do we match the provisions of the DDRB code that just allows the outdoor seating subject to the provisions and how that ties into the alcohol ordinance. Christensen stated that we have those issues and maybe just delete those issues from the DDRB code, don't need another body of oversight on that and perhaps start thinking about granting the permits and put it in your hands with some review by the engineering and police as it is only 2 1/2 to 3 months and have more outdoor seating and greater vibrancy in the downtown this summer when the Brownstones open.

2.2 Technical corrections ordinance correcting the published provisions of Section 9-0113(1) relating to minor in possession of or consuming alcoholic beverages._____
There were no comments.

2.3 Ordinance amending Section 2-1002(11) relating to right of eminent domain.
There were no comments.

2.4 Budget amendment for General Fund capital items.
This item was pulled from the agenda for further review.

2.5 Plans and specifications for Project No. 6064, Dist. No. 454, sanitary sewer for 301 and 333 Desiree Drive.___________________________________________________
There were no comments.
2.6 Plans and specifications for Project No. 6065, Dist. No. 296, watermain for 301 and 333 Desiree Drive._______________________________________________________
There were no comments.

2.7 Plans and specifications for Project No. 6066, Dist. No. 455, storm sewer for Desiree Drive (Adams Dr. to west property line of 301 Desiree Drive.____________________
There were no comments.

2.8 Plans and specifications for Project No. 6067, Dist. No. 629, paving and street lighting for Desiree Drive (Adams Dr. to west property line of 301 Desiree Drive.
There were no comments..

2.9 Consideration of bids for Project No. 6071, 2007 Sidewalk Repairs.
There were no comments.

2.10 Use of Flood Protection Betterment Funds for street and road repairs.
There were no comments.

2.11 Engineering services agreement for Project No. 6131, 2007 Concrete Panel Replacement Project______________________________________________
There were no comments.

2.12 Engineering services agreement for Project No. 6130, 2007 Seal Coat Project; Project No.6132, paving East Elmwood Drive; Project No. 6133, mill and overlay Sunbeam Addn. east of Belmont; and Project No. 6134, overlay 62nd Avenue S. from Columbia to Washington._________________________________________
Council Member Christensen asked for estimates of cost per homeowners and scheduled
meetings with property owners. Mark Walker agreed to this.

2.13 Bids for Project No. 6019, 2007 Air Release Valve Tee Replacement Project.
There were no comments.

2.14 Consideration of bids for construction of Project No. 6072, 2007 Concrete Street Repairs._____________________________________________________________
There were no comments.

2.15 Consideration of bids for Project No. 6073, 2007 Asphalt Street Repairs.
There were no comments.

2.16 2008 Transportation Enhancement Project request to NDDOT. (Info.only)
There were no comments. - Information only.

2.17 Request for approval of bid specs. and low bid for information exchange and dissemination center at police department.______________________________
Council Member Brooks questioned request which is to approve bid specs. and award
bid. Chief Packett stated that the State Dept. of Emergency Services dedicated a certain amount of money regionally around the State, that once the project was approved in concept they directed them to go ahead and put specs. out, get bids and come back with the amount that they would obtain from the State, that they wanted the project bid, the specs., the project bid and the amount designated and then they would ahead and allocate that same amount to the City.

Council Member Kreun asked if that area in the building would be used for other activities when it wasn't a media typed center for interrogation room or office space, etc. or utilized on a full time basis. Chief Packett stated it would be used for a variety of uses, the Community Services Bureau will be moving into the remodeled area - will be a general office space plus a multi-use room.

Council Member Christensen stated there are some issues with PSAP relocation and that the County has some issues re. remodeling of the former jail area, and asked what the contingency plan might be if not in a position to relocate PSAP. Chief Packett stated he can't speak for Mr. Morken but that conceptually the Board of Commissioners are looking at legislation, projects are under review, but should decisions be made at the County level, they would work with PSAP to try to find them space in other city facilities or in their building.

Alan Morken, PSAP, stated that presently they have a lease agreement with the County and that they are going to review it on March 20 at their Commission meeting and would anticipate that this will go forward, but there might be a delay.

2.18 Proposed amendment No. 1 to 2007 CDBG Annual Action Plan for Shelter for the Homeless._____________________________________________________________
Greg Hoover, urban development, reported that in October, 2006, the architect's estimate
was $205,000, but when the bid came in it was over that amount and they indicated that part of the reason was that this is an old building and requires quite a bit of demolition and some problems dealing with running pipes through the concrete walls, etc. He stated they went through with the budget with anticipation of taking out items to get it within the budget, then came back because it is important that these things go in at this time, really difference between the architect's estimate and what the bids came in as, which was about $87,000 higher - this is doing what they approved but bid came in higher.

2.19 Grand Forks Renaissance Zone Projects.
There were no comments.

2.20 Request from Tim Christian on behalf of Country Development LLP for approval of plat of Countryview Fourth Resubdivision (loc. on Christian Drive). __________
There were no comments.

2.21 Request from Marlan Shull for conditional use permit (CUP) for Lot B, Blk. 2, Airport 5th Addn. (loc. on Gateway Drive near N. 47th St.) for the purpose of constructing building to be used as a contractor's shop.___________________
Council Member Kreun stated that there wasn't a drawing and questioned how that was
going to be laid out, should have a plat plan before approving it, and that along 12th there is a
sanitary and watermain forcemain and have to make sure we have the easement to cover that
before anything is done on the CUP.

Council Member Christensen stated that the adjacent owner to the east was concerned about the
runoff, and that the P & Z Commission realized they could have a building in the back, building
in the front that concerned about because it is facing the highway and that they empowered the
executive committee of Planning and Zoning to review the plan and to approve the building.

Brad Gengler, city planner, reported that information has not been received by their office.
John Naastad, contractor, presented views of the building, truck shop. Christensen stated that
they have been having a lot of issues with Highway 2 and appearance of Highway 2, and the
executive committee was supposed to review the building based upon representations made by
Mr. Shull as to what the building would look like, that this is a metal building and that they were
concerned about more metal buildings on Highway 2 that didn't have some exterior niceties, such
as brick, windows, etc., that he can't speak for the executive committee but doesn't think this was
what the committee was empowered to review and approve.

Mr. Naastad stated he was informed that they wanted elevation views, that there are lots of things
that they can do to address this up, not saying this is what you are going to get, that they don't
want something that is going to make Grand Forks look bad, and that they would entertain
niceties to dress up the property.

Kreun stated that he was referring to a footprint and lot design because there are sanitary
forcemain and watermain running along 12th and there maybe an area that ungulates through
there, wants to make sure that the building is placed so they have enough easement to get to those
forcemains, and need layout of the building, location and how much room from each corner and
from the forcemains, because have to get access to them..

Mr. Gengler stated this is the conditional use permit, ability for the owner to conduct this use; 2)
is subject to administrative review of the site plan, and 3) the executive committee taking a look
at more specific plans, and that a lot of those concerns would be addressed through the site plan
approval; there is a conceptual site plan in the packet but was for general aspects.

Christensen stated the concerns they have about Highway 2 and the appearance of Highway 2,
and have adopted stringent rules dealing with structures on corridor streets, and that this wouldn't
be permitted on the corridors, and that request is for a conditional use permit and because of time
restraints, they deviated and let the executive committee review it, and if the applicants feel that
the executive committee is unreasonable or cost prohibitive, would have to sit as an appeal body.

2.22 Request from Advanced Engineering on behalf of City of Grand Forks for preliminary approval of plat of Auditor's Resub. No. 40 (being replat of all of Longmire and Voiss Resub., Holts Resub., Auditor's Resub. No. 19, and all unplatted parts of Government Lot 3, Sec. 22, T151N, R50W of 5th P.M. (loc. along Belmont Road and Belmont Ct.)___________________________________________
There were no comments.

2.23 Request from the City of Grand Forks to vacate various lands east of Belmont Road at 3800 block under addition and resubdivision names._________________________
There were no comments.

2.24 Request from Advanced Engineering on behalf of City of Grand Forks for prelim. approval of Replat of Lots 9, 10 and 11, Blk. 3, Anderson's Subdiv. extension of Blocks 1, 2 and 3. (loc. at 49th Ave.S. and Rivers Edge Dr.)___________________
There were no comments.

2.25 Request from City of Grand Forks for vacation of part of 49th Ave.S. lying adj. to Lots 9 and 10, Blk. 3, Anderson's Subdiv.___________________________________
There were no comments.

2.26 Request from Advanced Engineering on behalf of City of Grand Forks for prelim. approval of Replat of Lots A through E, Baukol's Subdiv. (loc. at Alpha Ave.S.)__
There were no comments.
2.27 Request from Advanced Engineering on behalf of City of Grand Forks for prelim. approval of Replat of Block 39 and northwest half of vacated 8th Ave.N., McCormack's Addn. (loc. at 820 N. 3rd St.)_________________________________
There were no comments.

2.28 Request from Advanced Engineering on behalf of City of Grand Forks for prelim. approval of replat of northeast 110 feet of Lots 1, 2, 4, 5 and 6 and northeast 105 feet of Lot 3 and vacated 4 ft. of N. 2nd St. adj. thereto, Blk. 24 of subdivision of Blocks 16, 17 and 24, Grand Forks proper, Grand Forks County, Dakota Terr. North Dakota (loc. at DeMers Ave. and N. 2nd St.)_________________________________
There were no comments.

2.29 Request from Tim Crary on behalf of Crary Development, Inc. for prelim. approval of plat of Highland Point Second Resubdiv. (loc. at 36th Ave.S. east of S. 20th St.)__
There were no comments.

2.30 Request from Tim Crary on behalf of Crary Development, Inc. for approval of ordinance to annex all of Highland Point Second Resub. (loc. at 36th Ave.S. east of S. 20th St.)_____________________________________________________________
There were no commons.

2.31 Request from Tim Crary on behalf of Crary Development, Inc. for prelim. approval of plat of Homestead Grove Third Addn. (loc. at 40th Ave.S. east of S. Washington St.)____________________________________________________________________
There were no comments.

2.32 Request from Tim Crary for approval of ordinance to annex all of Homestead Grove Third Addn. (loc. south of 40th Ave.S. and east of S. Washington St.)___
There were no comments.

2.33 Request from Pribula Engineering on behalf of LaVonne Adams for prelim. approval of plat of Shady Ridge Estates Seventh Addn. (loc. at Adams Dr. and Shady Ridge Court).__________________________________________________
There were no comments.

2.34 Request from Pribula Engineering on behalf of LaVonne Adams for prelim. approval of ordinance to amend zoning map to exclude from the Shady Ridge Estates PUD (Planned Unit Development), Concept Dev. Plan, Amendment No. 1, and to include within Shady Ridge Estates PUD, Concept Development Plan, Amendment Number 2, all of Shady Ridge Estates First Addn., Shady Ridge Estates Second Addn., Shady Ridge Third Addn., Shady Ridge Estates Fourth Resub., Shady Ridge Fifth Resub., Shady Ridge Estates Sixth Resub., Greenwood Subdiv. and unplatted portion of Sec. 26 and Shady Ridge Seventh Addn (loc in vicinity of Adams Drive and Shady Ridge Court.)____________________________________
There were no comments.

2.35 Request from Tim Christian on behalf of Country Development, LLP for prelim. approval of ordinance to amend zoning map to rezone and exclude from A-2 (Agricultural Urban Reserve) Dist. and to include within R-1 (Single-family Residence) Dist., Countryview Fourth Resub._____________________________
There were no comments.
2.36 Request from City Planning Dept. for prelim. approval of ordinance to amend zoning map to rezone and exclude from B-3 (General Business) Dist. and to include within R-4 (Multi-family Residence) Dist. Lots 23, 25, 27, 29 and 31, Blk. 43, McCormack's 1st Addn. (loc. at 901, 905 and 909 N. 3rd St.)___________________
Notification will be made to property owners prior to public hearing.

3. INFORMATION ITEMS

3.1 Portfolio Management/Summary Report ending February 28, 2007.
Information only.

MAYOR AND COUNCIL MEMBER COMMENTS

There were no comments.


ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor