City of Grand Forks - Print Friendly Form

Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 15, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 15, 2007 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; absent: Council Member Bakken - 1.

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 items during the past week and upcoming events:
He reported that the Public Health Department is sponsoring a drive-through flu shot clinic which will be held on Sunday, October 21, from 11:00 a.m. to 4:00 p.m. at the public works building, and encouraged everyone to participate.
Thanks and congratulations to Friday's Hall of Fame event organizers, was a great event and game, and the people from the REA and community developed relationships that prove to be very beneficial in the future.

PRESENTATION BY ASSESSING DEPARTMENT RELATING
TO ASSESSMENT PROCESS

Mel Carsen, city assessor, gave a presentation relating to the assessment process in valuing property in the city of Grand Forks and reviewed the assessing process, that the process starts with an appraisal of each and every property, identifying features of that property, size, amenities and extras and considerable attention to quality and condition. He stated they reappraise property every 8 to 10 years and between those reappraisal cycles is when they have been factoring or indexing values to keep them current with the market. He stated they measure that level of assessment based on every useable sale that takes place, last year had about 700 useable residential property sales in Grand Forks, that they do a comparison on those sales by neighborhood, and have 30 neighborhoods that have residential properties located in them and also do that on a city-wide basis; and for the State's statistics all they are concerned with is the city-wide statistics. The study they do gives them three things that they look at in detail: 1) level of assessment comparing sales to our values for that year, 2) internal equity within neighborhoods and across the city, there is a measure that is called price related differential which is if it goes over 100% that means they are over-assessing low priced homes vs. higher priced homes, and if less than 100% then they over-assessing the higher priced homes; 3) pricing manual that is going to be used in the future for all appraisals and reappraisals. They look at those sales and try to determine based on each one of the 700 sales in that comparison what drives that sales, they try to flush out the land value, identify the added extras (air-conditioning, garages, basement finish, fire places, etc.) and get down to a square foot rate for the base house and compare that square foot rate against the current rate we have on that type of home.

Mr. Carsen reported the system where they index values by neighborhood and reappraise on a rotating basis those properties and factored in all the rest of the properties, and that is a system they have been using for a number of years, that system has some shortcomings/ He also reviewed mass repricing and how they calculate it, that beginning for 2007 they were able to implement the program that revalues each year, they start with the accurate physical attributes for each property, then develop a set of cost tables for the base square foot rates and each of the chargeable extras based on their study of the market, and the program prices out each property by area. He also noted the best thing about repricing every year is that they correct inequities and that they are repricing the whole city, and not using indexing.

He stated they do not have their tables established yet but do have a test environment in the computer system and can do a lot of things to see what happens and are in the process of establishing rates on the sales that took place in the first 8 months of 2007, and can make assumptions and establish new rates and reprice a select group of properties using that, and that is what they intend to do and then see if their deprecation schedule is more accurate than before.

There was general discussion by the city council relating to the process of assessing, and relating to the new system assessing will be using rather than indexing by neighborhood, repricing, and reviewed information with the council. There was also some question relating to policy making and whether council should have been briefed before putting into effect; and it was noted by Mr. Carsen that he did not feel it was necessary to ask the city council how to assess property. Mayor Brown agreed that this was an administrative function. Mr. Swanson reminded council that the city assessor is a statutory established position that has certain duties and obligations that extend beyond the city itself, that value established by that office is relied upon and has to be followed by other governmental entities, that the City in and of itself doesn't have complete control over all the activities of the city assessor's office.

Howard Swanson, city attorney, stated there are certain requirements on the appraisal of property that apply for both tax purposes and for other purposes, that when you make a sales comparison you have to assume that the properties are equal and make the adjustments from that basis, could not place a different value on a house with special assessments that have a balance remaining to be paid vs. a home that has had those special assessments paid off up front, both under the ethical requirements and under federal use tax requirements, have to assume they have the same base and make your adjustments. It was noted that special assessments have to be accounted for in an appraisal,

Council Member Christensen stated that it is our function and inasmuch as it is a State issue, asked how the other major cities set up their assessment department and what methodologies they use because if mandated by the State if they use a uniform system; and that this will come back to the finance committee for further review, Mr. Carsen stated he has information on that but doesn't have it with him tonight.

Mr. Christensen stated the council does have some control as policymakers because when they met as the Board of Equalization, they voted on motion that property be assessed at 95%. Mr. Carsen stated that the 97% was the analysis of the 2006 sales before the Board of Equalization acted, and that targeted at 97% and actually ended up at was 95.7%, lost 1.3% from what they thought they were going to have in repricing, rates that did not achieve 97% but achieved 95.7%, so the Board of Equalization reduced to an even 95%, reducing by .7 %. Council Member Kreun stated that they changed that to 96% because we can't attain the 95% because there is no margin of error and if we fall below 95% and the State comes in and we end up having the whole city reappraised as one big block, and all voted at 95% but came back as needed small variance and went up to 96%.

ADOPT ORDINANCE NO. 4206, TO AMEND ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT THE FRONT 100 FT. OF LOT 9 AND FRONT 100
FT. OF LOT 10, BLOCK 1, LESS R/W, COX'S 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-2 (Shopping Center) District and to include within the B-3 (General Business) District the front 100 feet of Lot 9 and the front 100 feet of Lot 10, Block 1, less 17 square feet for street right of way, Cox's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 1, 2007, 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 Michael Coleman for final approval of an ordinance to amend the zoning map to rezone and exclude from the B-2 (Shopping Center) District and to include within the B-3 (General Business) District the front 100 feet of Lot 9 and the front 100 feet of Lot 10, Block 1, less 17 square feet for street right of way, Cox's Addition to the city of Grand Forks, North Dakota (located at 1835 South Washington Street), and recommended final approval of the ordinance.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 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, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 6012
AND WATERMAIN PROJECT NO. 6013

The deputy city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of assessments by the Commission on Project No. 6012, Sewer District No. 449, sanitary sewer on Desiree Drive, and on Project No. 6013, Watermain District No. 293, watermain on Desiree Drive, in the amounts of $36,540.00 with annual installments of 15 years and $15,350.00 with annual installments of 15 years, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that a protest had been filed.

Howard Swanson, city attorney, stated that is the opportunity to hear protests on special assessments, that property owners may protest the special assessments to the city council whether they appeared before the Special Assessment Commission or not, the Special Assessment Commission has heard some protests and has taken what action they determined was appropriate, that the Special Assessment Commission has adopted findings on all of the various assessment projects, that there was a notice of public hearing that was published and in some instances mailed out, and may have property owners or representatives of property owners here tonight to protest their particular assessment. The council is obligated to hear any information or evidence that property owners wish to present in support of their protest, that the assessments against properties may not exceed the benefits received from the project, that you may adjust any individual property owner's assessment but by doing that you cannot adjust the total amount of assessment for the project, the effect of that is that if you decrease one property owner's assessment you need to find a corresponding increase in somebody else's assessment; you will be asked to pass a motion confirming the assessments along with any adjustments you deem appropriate.

Mayor Brown opened the public hearing on the assessment projects.

Kirk Tingum, attorney on behalf of Lavonne K. Adams as Trustee of the LaVonne K. Adams Trust, stated that he would like to protest the special assessment for Projects Nos. 6012 and 6013, as they relate to the Adams property, that he had provided the finance office a copy of a two-page document called Appeal from Action of Special Assessment Commission. He stated that assessments cannot exceed the benefits to the property; that as agricultural land the property does not receive any real benefit from the improvements and that this unplatted property cannot be divided into a sufficient number of large lots to justify the price that will be required to recoup the cost of specials that must be paid by the Trust; that the Commission didn't properly quantify the benefits to the Adams Family Trust on this property and the benefits are not commensurate to the amount of burden placed by these assessments.

Mr. Swanson stated that the document referred to is on the desk of each of the council members, that Project No. 6012 is a sanitary sewer project and Project No. 6013 is a watermain project; that the property that is being assessed is within the city limits, and is within the district for the special assessments and those are not issues, and that the debate is whether or not the property receives any benefit from the projects, whether the benefits received from the projects are equal to or greater than the assessments imposed.

Mr. Swanson informed council what the ND Supreme Court has addressed on a number of occasions with respect to special assessments, with respect to sanitary sewer the Courts have recognized that installation of sanitary sewer serves a number of public safety and health issues, and with regard to water the Supreme Court has recognized that watermain service provides not only potable water but also provides water for sanitary sewer purposes relating to health, public safety, etc. and also regards the service of water as providing benefit for fire protection, and the question as to whether or not the property presently uses the service is not an element of determining benefit from special assessments; the Supreme Court has recognized that even though a property may not use a particular improvement, the potential for use, whether present or in the future, is sufficient to provide a basis of finding benefit. The council's issue is whether or not this particular property receives benefit from these improvements, but does not have to be a present benefit. Special assessments are not related to the determination of value for property tax purposes and also that agricultural property is actually valued in a different fashion than commercial property or residential property, and the real estate taxes are not determinative of benefit from a particular project.

Mr. Swanson stated that the assessment is based upon a linear frontage as opposed to the depth of the lots, and questioned if the rate of assessment the same on both sides of the street; Emily Fossen, finance department, stated that assessment was assessed half cost to the south and half to the north on lineal footage; and noted that prior to the protest the Special Assessment Commission determined the benefits from the project and that the benefits exceeded the assessment. Mr. Swanson stated that in prior years the council has consistent with the interpretation of the State Supreme Court looked at future benefits as well as current benefits, that has been contested specifically against the City of Grand Forks on a project on North 42nd Street and the Supreme Court specifically held that even though the property owner wasn't using a crossing, they could be assessed for the improvements on 42nd because potential use was there.

Mayor Brown closed the public hearing.

It was moved by Council Member Brooks and seconded by Council Member McNamara to deny the protest to Sewer Project No. 6012, District No. 449 and Watermain Project No. 6013, District No. 293. Carried 6 votes affirmative.

It was moved by Council Member Brooks and seconded by Council Member McNamara that these assessments be accepted and confirmed for Sewer Project No. 6012, District No. 449, and Watermain Project No. 293, District No. 6013, and that they be levied against the property benefited in annual installments as shown of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 6 votes affirmative.

APPROVE ASSESSMENTS, VARIOUS PROJECTS

The deputy city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of assessments by the Commission on the following projects and the amount of the assessments, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Project and District Nos. Amount of Assessment Annual Installments
Sanitary Sewer Project No. 5488.2, Dist 418.2 $ 26,716.00 15 years
Sanitary Sewer Project No. 5514, Dist. 423 193,038.00 15 years
Sanitary Sewer Project No. 5776, Dist. 436 94,624.00 15 years
Sanitary Sewer Project No. 5961, Dist. 442 263,694.00 20 years
Sanitary Sewer Project No. 6003, Dist. 446 37,562.00 15 years
Sanitary Sewer Project No. 6023, Dist. 451 308,330.00 15 years
Watermain Project No. 5515, Dist. 278 100,032.00 15 years
Watermain Project No. 5777, Dist. 284 92,408.00 15 years
Watermain Project No. 5890, Dist. 287 79,915.00 15 years
Watermain Project No. 5962, Dist. 290 191,778.00 15 years
Watermain Project No. 5968, Dist. 291 65,358.00 15 years
Watermain Project No. 6004, Dist. 292 28,581.00 15 years
Watermain Project No. 6024, Dist. 294 111,600.00 15 years
Watermain Project No. 6039, Dist. 295 50,000.00 15 years
Storm Sewer Project No. 5150.2, Dist. 409.2 59,733.00 15 years
Storm Sewer Project No. 5516, Dist. 424 100,742.00 15 years
Storm Sewer Project No. 5778, Dist. 437 80,666.00 15 years
Storm Sewer Project No. 5963, Dist. 443 251,723.00 20 years
Storm Sewer Project No. 6005, Dist. 447 41,153.00 15 years
Storm Sewer Project No. 6025, Dist. 452 81,710.00 15 years
Paving Project No. 5702, Dist. 607 606,166.00 20 years
Paving Project No. 5702.1, Dist. 607.1 55,902.00 20 years
Paving Project No. 5703, Dist. 608 766,069.00 20 years
Paving Project No. 5703.1, Dist. 608.1 189,816.00 20 years
Paving Project No. 5767.1, Dist. 610.1 345,700.00 18 years
Paving Project No. 5767.2, Dist. 610.2 91,027.00 20 years
Paving Project No. 5779, Dist. 612 368,811.00 20 years
Paving Project No. 5815, Dist. 624 478,916.00 20 years
Paving Project No. 5820, Dist. 616 284,685.00 18 years
Paving Project No. 5829, Dist. 617 324,298.00 20 years
Paving Project No. 5842.1, Dist. 615.1 215,450.00 18 years
Paving Project No. 5881, Dist. 621 1,020,934.00 20 years
Paving Project No. 5940, Dist. 620 389,701.00 20 years
Paving Project No. 5940.1, Dist 620.1 103,954.00 20 years
Paving Project No. 5945, Dist 623 490,570.00 20 years
Paving Project No. 5964, Dist. 619 611,629.00 20 years
Paving Project No. 6006, Dist. 622 98,970.00 20 years
Paving Project No. 6026, Dist. 626 248,920.00 20 years
Paving Project No. 6033, Dist. 628 449,175.00 20 years
Street Lighting Project No. 5794, Dist. 149 36,124.00 10 years
Street Lighting Project No. 5795, Dist. 150 23,040.00 10 years
Street Lighting Project No. 5957, Dist. 158 16,423.00 10 years
Street Lighting Project No. 5958, Dist. 159 33,350.00 10 years
Street Lighting Project No. 5959, Dist. 160 14,584.00 10 years
Street Lighting Project No. 5960, Dist. 161 16,070.00 10 years
Walk Lighting Project No. 5981, Dist. 162 7,623.00 10 years

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Brooks and seconded by Council Member McNamara that these assessments be accepted and confirmed, and that they be levied against the property benefited in annual installments as shown on principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 6 votes affirmative.

APPROVE ASSESSMENTS ON VARIOUS PROJECTS

The deputy city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on the following projects in the amounts as shown, and reported that the legal notices to the public that these assessments would be presented to the council at this meeting had been published as required and further that no protests or grievances had been filed with the auditor's office.

Project and District No. Assessment Years of Installments

2006 Sidewalk Project No. 5902.1 $ 26,738.40 4 Years
2007 Sidewalk Project No. 80,244.66 5 Years
2007 Weed Control Project No. 6196 22,087.00 1 Year
Delinquent Utility Accounts No. 9002.4 12,444.13 1 Year

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments; there were none.

It was moved by Council Member Brooks and seconded by Council Member McNamara that these assessments be accepted and confirmed, and that they be levied against the property benefited in annual installments as shown on principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 6 votes affirmative.

ADOPT RESOLUTION RELATING TO $6,295,000
REFUNDING IMPROVEMENT BONDS, SERIES 2007D,
CALLING FOR THE SALE THEREOF

The staff report from the finance and administrative services director relating to authorize call for bids and set sale date for $6,295,000 Refunding Improvement Bonds, series 2007D, with recommendation to adopt resolution relating to $6,295,000 Refunding Improvement Bonds, Series 2007D, and calling for the public sale thereof on November 5, 2007.

Council Member Christensen introduced the following resolution and moved its adoption: Document No.
9105 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon, the following voted in favor: Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO $4,265,000 TEMPORARY
IMPROVEMENT WARRANTS, SERIES 2007E, CALLING FOR
THE SALE THEREOF

(Note: Council Member Christensen stated that the city auditor had asked that the council authorize call for bids and set sale date to refinance some temporary warrants, Series 2007E, at $4,265,000 rather than the $7,725,000; the deputy city auditor reported that Mr. Schmisek had mailed information to the council members regarding the flood control project financing, how it was originally set and what the status is now of the total flood project costs, he changed the amount because he wanted to refinance only the old warrants and that he is getting some new numbers for the flood protection project in December from Corps, and that we have over $3 million in cash to finance the project until the end of the year.)

The staff report from the finance and administrative services director relating to authorize the call for bids and set sale date for $4,265,000 Temporary Improvement Warrants, Series 2007E, with recommendation to adopt resolution relating to $4,265,000 Temporary Improvement Warrants, Series 2007E, and calling for the public sale thereof on November 5, 2007.

Council Member Kreun introduced the following resolution and moved its adoption: Document No. 9106 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Glassheim and upon vote being taken thereon, the following voted in favor: Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STORM SEWER PROJECT NO. 6174.1 AND 6174.2,
DISTRICT NO. 458

The city engineer's estimate of total cost of the rehabilitation of Storm Pump Stations No. 182 and No. 188 (underground bid package) in the amounts of $1,758,950.00 for Project NO. 6174.1 and $430,585.78 for 6174, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6174.1 and No. 6174.2, District No. 458, Rehabilitate Storm Pump Stations No. 182 and No. 188 (underground bid package), with recommendation to approve plans and specifications for this rehabilitation and further that the city auditor be directed to advertise for bids on the project.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 9107 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.

RECEIVE TABLUATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT
NO. 6192, DISTRICT NO. 298

The deputy city auditor presented and read tabulation of bids which had been received and opened on October 8, 2007, watermain on 26th Avenue North from North 42nd to North 43rd Street, and on North 43rd Street from 27th Avenue North to existing approximately 660 ft. south, indicating that Robinson Excavating, Inc. was the low bidder based upon their bid in the amount of $61,900.10: Document No. 9108 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6192, Watermain No. 298, in the amount of $78,650.00 was presented and read.

The staff report from the engineering department relating to construction of bids for Project No. 6192, watermain on 26th Avenue North (North 42nd to 43rd St.), North 43rd Street from 27th Avenue North to existing approximately 660 ft. south, with recommendation to award contract to low bidder, Robinson Excavating, Inc., in the amount of $61,900.10.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the contract to Robinson Excavating, Inc. was presented and read: Document No. 9109 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO.
6150, DISTRICT NO. 456

The deputy city auditor presented and read tabulation of bids which had been received and opened on October 1, 2007 for Sewer Project No. 6150, District No. 456, sanitary sewer for 5500 and 5600 blocks of 1st Avenue North, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $77,755.00: Document No. 9110 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6150, District No. 456, in the amount of $98,750.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6150, District No. 456, sanitary sewer for 5500 and 5600 blocks of 1st Avenue North, with recommendation to award contract to low bidder, Molstad Excavating, Inc. in the amount of $77,755.00.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the contract to Molstad Excavating, Inc. was presented and read: Document No. 9111 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6241, DISTRICT NO. 459

The staff report from the engineering department relating to creating special assessment district for Project No. 6241, District No. 459, sanitary sewer for McEnroe 1st Addition (Garden View Drive), with recommendation to create the assessment district, approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9112 - Resolution.

The deputy city auditor presented and read the engineer's report on Sewer Project No. 6241, District No. 459: Document No. 9113 - Report.

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9114 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6241, District No. 459, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 6242, DISTRICT NO. 299

The staff report from the engineering department relating to creating special assessment district for Project No. 6242, District No. 299, watermain for McEnroe 1st Addition (Garden View Drive), with recommendation to create the assessment district, approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9115 - Resolution.

The deputy city auditor presented and read the engineer's report on Watermain Project No. 6242, District No. 299: Document No. 9116 - Report.

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9117 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 6242, District No. 299, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6243, DISTRICT NO. 460

The staff report from the engineering department relating to creating special assessment district for Project No. 6243, District No. 460, storm sewer for McEnroe 1st Addition (Garden View Drive), with recommendation to create the assessment district, approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9118 - Resolution.

The deputy city auditor presented and read the engineer's report on Sewer Project No. 6243, District No. 460: Document No. 9119 - Report.

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9120 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6243, District No. 460, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

CONSIDER REDEVELOPMENT OF 1424, 1432, 1502 AND
1510 BELMONT ROAD

The staff report from the urban development director relating to redevelopment of 1424, 1432, 1502 and 1510 Belmont Road, with recommendation to approve the proposal received for 1424 Belmont Road and convey the lot per review committee recommendations.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS 3 AND 4,
BLOCK 1, COLUMBIA PARK 25TH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Widseth, Smith, Nolting & Associates on behalf of Lithia Real Estates, Inc. for final approval (fast track) of the Replat of Lots 3 and 4, Block 1, Columbia Park 25th Resubdivision to the city of Grand Forks, ND (located at South 20th Street and 36th Avenue South), the request also includes a variance to the Land Development Code, Article 2, Section 18-0204, Rules and Definitions, Paragraph (2) Definition of a Minor Subdivision, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy to include a variance to the Land Development Code, Article 23, Section 18-0204 Rules and Definitions, Paragraph (3) Definition of a Minor Subdivision.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE FINAL PLAT OF AUDITOR'S RESUBDIVISION
NO. 33

The staff report from the Planning and Zoning Commission relating to request from Elwin and Melody Kahlbaugh and the City of Grand Forks, ND for final approval (fast track) of Auditor's Resubdivision No. 33 to the city of Grand Forks, ND (located at 3415 Belmont Road), with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE FINAL REPLAT OF LOTS 19 AND 20, BLOCK 1,
PROMENADE SECOND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Grand Forks Housing Authority on behalf of Terzetto Village for final approval (fast track) of the Replat of Lots 19 and 20, Block 1, Promenade Second addition to the city of Grand Forks, ND (located at 739 and 741 Promenade Court), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE NORTHERLY 15 FT.
SIDEWALK AND UTILITY EASEMENT IN LOT 3, BLOCK
1, PEABODY'S FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to petition from Peabody Enterprises, LLC for approval to vacate the northerly 15-foot sidewalk and utility easement in Lot 3, Block 1, Peabody's 1st Addition to the city of Grand Forks, ND (located at South 20th Street and 36th Avenue South), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, November 19, 2007. Carried 6 votes affirmative..

INTRODUCE ORDINANCE AMENDING THE COMPREHENSIVE
PLAN PERTAINING TO THE GRAND FORKS-EAST GRAND
FORKS 2030 TRANSPORTATION PLAN UPDATE