Council Minutes

PROCEEDINGS OF THE CITY COUNCIL OF THE
CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 23, 1997

The city council of the city of Grand Forks, North Dakota met in its adjourned meeting in the council chambers in City Hall on Monday, June 23, 1997 at the hour of 7:00 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; absent: none; 1 seat vacant.

President Hagness announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.

President Hagness introduced General Murray Sagsveen, who is representing Governor Schafer. General Sagsveen reported that he had participated in the North Dakota State Hazard Mitigation Team this afternoon in Bismarck when the applications from Fargo and Grand Forks were considered for the acquisition of properties and the Team approved the proposal submitted by the City of Grand Forks which involves 289 properties and the adjusted net buyout, $13,946,940. He reported that the application was then delivered to FEMA and within next several days the FEMA allocation will be approved for the City so that the City can begin the acquisition process. It was noted that the federal share is 75% of the total program with balance to be funded by local/State share which is negotiated.

General Sagsveen also reported that they have been in contact with representa-tive of National FEMA Office who will be meeting here on Wednesday with reps. of City, County, School and Park District re. an operational loan that would take care of any decrease in property tax revenue for the four political subdivisions if they wish to participate in that program.

General Sagsveen reported that the Industrial Commission (Governor, Attorney General and Comm. of Agriculture) approved a line of credit for the City of Grand Forks last week for $25 million, concept is that if a grant or loan has been approved by the federal agency and actual check won't get here soon enough, the City can draw up to $25 million from the Bank of North Dakota under that line of credit arrangement, concept is to get money to the City as fast as possible.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO GENERAL SIGN
PROVISIONS, AREA ENHANCEMENT SIGNS, TO
JUNE 30, 1997

An ordinance entitled "An ordinance relating to Chapter XVIII of the Grand Forks Land Development Code of 1987, as amended, Article 3, Rules and Regulations; Section 18-0301 Signs, Subsection (2) General Sign Provisions, reinstating paragraph (x) Area Enhancement Signs", which had been introduced and passed on its first reading on June 9, 1997 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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, that no protests or grievances had been filed with the auditor's office; however the notice did not meet publication requirements.

President Hagness called for the public hearing; there were no comments and the public hearing was closed.

The deputy city auditor presented and read the report from the Planning and
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Zoning Commission that they had considered the matter of final approval of an ordinance to amend the Land Development Code, Section 18-0301 (2)(X) relating to general sign provisions for area enhancement signs and more specifically the deletion of the 1991 sunset clause therein, and recommended final passage and approval of the ordinance amending the text of the Land Development Code. The recommendation had been moved and seconded by Council Members Polovitz and Beyer.
It was moved by Council Member Hamerlik and seconded by Council Member Polovitz that the public hearing and second reading of the ordinance be continued to June 30, 1997. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO LAND DEVELOPMENT
CODE, CONDITIONAL USE PERMIT, TO JUNE 30, 1997

An ordinance entitled "An ordinance amending Section 18-0209(3) of the Grand Forks City Code relating to the Land Development Code", which had been introduced and passed on first reading on June 9, 1997 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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, that no protests or grievances had been filed with the auditor's office; however the notice did not meet publication requirements.

President Hagness called for the public hearing.

Roger Sannes, 1020 Cottonwood Street, stated he wants to open antique shop in his garage and move their business from 119 DeMers Avenue; he stated that the shop has to be accessible, has to be certain size, etc. and trying to do that; that they have looked but unable to find anything suitable which fits his needs and is affordable. He also stated he has registered with City for relocation back downtown and that's where he wants to be. He stated he needs five-year guarantee as required by his lender, but that doesn't mean he would be there that long, if finds proper place he would relocate. He stated he has cut back on what he needs; and that he doesn't want to get into dispute with neighbors.

Dennis Johnson, 1017 Cottonwood Street, stated that this ordinance opposes all Planning and Zoning actions to now, that he realizes we are in special situation, and that his objection is to the extended length of time being requested and what appears is going to be permanent situation in the neighborhood, that this is still residential neighborhood and would like to keep it that way.

Tammy Jo Bertsch, 1024 Cottonwood Street, spoke in favor of allowing the conditional use permit for Mr. Sannes to locate his antique business at his residence.

President Hagness closed the public hearing.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Roger Sannes on behalf of Sannes Antiques for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0209, R-2 (One and Two-Family Residence) District, subsection (3) conditional uses, by adding paragraph E, retail sales of antique furniture and collectibles, and recommended final passage and approval of the ordinance amending the text of the Land Development Code. The recommendation had been moved and seconded by Council Members Polovitz and Beyer.

It was moved by Council Member Sande and seconded by Council Member Klave that
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the public hearing and second reading of the ordinance be continued to June 30, 1997. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN B-3 (GENERAL BUSINESS) DISTRICT ALL
OF NE QUARTER NE QUARTER OF SECTION 5, T151N,
R50W OF 5TH P.M. TO JUNE 30, 1997

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the U-D (University) District and to include within the B-3 (General Business) District all of the Northeast Quarter of the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the 5th Principal Meridian which includes a portion of Columbia Addition to the City of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 9, 1997 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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, that no protests or grievances had been filed with the auditor's office; however the notice did not meet publication requirements.

President Hagness called for the public hearing.

Council Member Hamerlik asked whether there could be some problems for neighborhood if something isn't done for traffic study and traffic lights to access North Columbia Road. Ray LeClerc, acting city planner, reported that there are access controls on arterials streets (access points, one every 660 ft.) and would have to abide by current Code, that there is divided roadway on portion of that area. Council Member Hamerlik stated that between University and Gateway there are lights only at 6th Avenue North; Mr. LeClerc stated they would have to submit site plan and master plan, with service road. Mr. LeClerc stated that if property lease, would become taxable; and noted that University wanted to have everything in place so that if opportunity arises they can move forward.

After further discussion President Hagness closed the public hearing.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Al Hoffarth on behalf of the University of North Dakota for final approval of an ordinance to amend the Zoning Map to exclude from the U-D (University) District and to include within the B-3 (General Business) District all of the Northeast Quarter of the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the 5th Principal Meridian which includes a portion of Columbia Addition to the city of Grand Forks, ND (located west of North Columbia Road between Gateway Drive and 10th Avenue North), and recommended final passage and approval of the ordinance amending the zoning map subsequent to platting of entire property within the area to be rezoned. The recommendation had been approved and seconded by Council Members Polovitz and Beyer.

It was moved by Council Member Beyer and seconded by Council Member Hafner that the public hearing and second reading of the ordinance be continued to June 30, 1997. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING ON MATTER OF FINAL
PLAT OF PERKINS FOURTH ADDITION, AND SECOND
READING OF ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO JULY 7, 1997

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An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Perkins Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 1997, and upon which public hearing had been scheduled, was presented and read for consideration on second reading.

Mayor Owens called for the public hearing; there were no comments and the hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and surveying on behalf of Hampton Corporation, Inc. for final approval of a plat of Perkins Fourth Addition to the city of Grand Forks, ND lying within a portion of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of South 34th Street between 36th and 40th Avenues South), and recommended tabling until planning, engineering, park district, developers and landowners have had the opportunity to meet to discuss the issues of location for parks, collector streets, access, lot configuration, drainage, drainway crossing and sanitary sewer lift station to determine an overall concept land for the development of the entire section and to continue the public hearing until July 7, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

REPORTS OF OFFICERS

A communication from the Board of Zoning Adjustments was presented and read stating that the Board had held a public hearing in City Hall on Thursday, June 12, 1997, that notice had been published as required and that the following appeals were heard: 1) William Deitz, 720 University Avenue, request for variance to the accessory building requirements to erect a new garage, with motion to vary accessory building setback from 20 ft. to 5 ft. setback and sideyard from 3 ft. to 1 ft. setback; 2) William O'Connell on behalf of LUCO Properties, 1710 North Washington Street, request for variance to the landscaping/bufferyard requirements to remodel the property, with motion to eliminate the required bufferyard plantings associated with the bufferyard "E" along the northwest property boundary; 3) Jay Fiedler on behalf of James Cooley, 1111 Walnut Street, request for variance to the front yard setback requirements to rebuild a home, with motion to grant a 2.5 ft. variance in the required 25 ft. front yard setback, resulting in a 22.5 ft. front yard setback; 4) Johnson Laffen Architects on behalf of ACME Electric, request for variance to the front yard setback requirements to erect an addition to the storage building, with motion to grant a 10 ft. variance in the required front yard setback, with the front yard to be made into appealing green space; 5) Bill Lee on behalf of Community National Bank, 1616 South Washington Street, request for variance to front yard setback requirements to erect an addition to the building, with motion to approve a 4 ft. variance in the front yard setback, which changes the building setback line from 25 ft. to 21 ft. along the western side of the building lot, and the Board of Zoning Adjustments has also approved an increase in the required impervious surface area from 65% to 75%; and 6) Roger Sannes, 1020 Cottonwood Street, request for a variance to the accessory building size and impervious surface area requirements to erect a garage, with motion to approve a variance in the size of an accessory building from 1,000 sq. ft. to 1,248 sq.ft.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this report be and is hereby received and filed. Carried 13 votes affirmative.

ACCEPT OFFER FROM CALVARY TEMPLE CHURCH OF GOD
TO PURCHASE VACANT CITY LOT
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Committee No. 1, Finance, reported having considered the matter of offer from Calvary Temple Church of God to purchase vacant lot owned by the City (Lot 1, Block 1, Flaat-Mikkelson Addition), and recommended to accept the offer to sell this property for $50,000 on contract for deed, for term of five years, payable at fixed interest rate based on City earnings, and acceptance contingent upon their approval in two weeks.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for amendment to the Mayor's Office budget to reflect contribution from the Mayor's Office in Rochester, MN in the amount of $2,500, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this budget amendment be and is hereby approved Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4332, UPGRADE LIFT STATION NO. 7

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4332, Upgrade Lift Station No. 7, and recommended that we approve plans and specifications, and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4624, 1997 FORCEMAIN VALVE REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4624, 1997 Forcemain Valve Replacement, and recommended that we approve plans and specifications, and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST FOR UTILITIES IN JOHNSON'S
4TH ADDITION AND ENTER INTO CONTRACT WITH
CONSULTANT

Committee No. 3, Public Service, reported having considered the matter of request for utilities in Johnson's 4th Addition, and recommended to authorize to proceed and to enter into contract with consultant.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4619, DISTRICT NO. 383

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district, Project No. 4619, District No. 383, sanitary sewer on North 55th Street from 10th Avenue North to 12th Avenue North, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer 14967
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to prepare detailed plans and specifications, and that we declare intent to sell
bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7313 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4619, DISTRICT NO. 383

The deputy city auditor presented and read the engineer's report on Sewer Project No. 4619, District No. 383: Document No. 7314 - Report.

It was moved by Council Member Klave and seconded by Council Member Hafner that this report be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4619,
DISTRICT NO. 383

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7315 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

APPROVE THREE-WAY AGREEMENT FOR PROJECT
NO. 4667, STORM SEWER IN COLUMBIA PARK
21ST ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Project No. 4667, storm sewer in Columbia Park 21st Addition, and recommended that we authorize entering into a three-way agreement with the developer, the engineer and the City to allow developer to install storm sewer and paving according to City specifications.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

INTRODUCE ORDINANCE TO ANNEX PORTION OF
BLOCK 1, JOHNSON'S 4TH FOURTH ADDITION

The Planning and Zoning Commission reported having considered the matter of an ordinance to annex to the city of Grand Forks all of Lots 28 through 37, Block 1, Johnson's 4th Addition, excluding any portion of Lots 28 and 37, Block 1, previously annexed by resolution adopted and approved on December 16, 1996, and
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recorded as Document No. 529673 on January 29, 1997 (said lots were inadvertently shown and identified as Lots 25 and 34, Block 1 and were described within a metes and bounds description thereon), also excluding the southerly 50 feet of Lots 31, 32, 33 and 34, Block 1, previously annexed by resolution adopted and approved on March 17, 1997, and recorded as Document No. 532169 on June 10, 1997, (the property being considered for annexation is located north of 17th Avenue South and west of South 38th Street), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for July 7, 1997.

It was moved by Council Members Polovitz and Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lots 28 through 27, Block 1, Johnson's 4th Addition, excluding any portion of Lots 28 and 37, Block 1, previously annexed by resolution adopted and approved on December 16, 1996, and recorded as Document No. 529673 on January 29, 1997 (said lots were inadvertently shown and identified as Lots 25 and 34, Block 1 and were described within a metes and bounds description thereon); also excluding the southerly 50 feet of Lots 31, 32, 33 and 34, Block 1, previously annexed by resolution adopted and approved on March 17, 1997, and recorded as Document No. 532169 on June 10, 1997", which was presented, read and passed on first reading.

ACCEPT PETITION TO VACATE ALL OF NORDONNA
CIRCLE, VARIOUS ADJACENT EASEMENTS AND
SEGMENT OF ACCESS CONTROL LINE AS DEDICATED
ON THE PLAT OF JOHNSON'S 4TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Bert Johnson on behalf of Johnson Farms for approval of a resolution to vacate all of Nordonna circle to vacate a 10-foot wide utility easement adjacent thereto, to vacate a 20-foot wide sidewalk and utility easement lying 10 feet on each side of the lot line common to Lots 32 and 33, Block 1 (excluding any portion of north/south utility easements paralleling 15th and 17th Avenues South), and to vacate a segment of access control line along the north right of way line of 17th Avenue South beginning 238 feet west of the west right of way line of South 38th Street and extending west a distance of 30 feet all as platted and dedicated on the plat of Johnson's 4th addition to the city of Grand Forks, North Dakota (located north of 17th Avenue South and west of South 38th Street), and recommended approval of a resolution to vacate all of Nordonna Circle, to vacate a 10-foot wide utility easement adjacent thereto, to vacate a 20-foot wide sidewalk and utility easement lying 10 feet on each side of the lot line common to Lots 32 and 33, Block 1 (excluding any portion of north-south utility easements paralleling 15th and 17th Avenues South) and to vacate a segment of access control line along the north right of way line of 17th Avenue South beginning 238 feet west of the west right of way line of South 38th Street and extending west a distance of 30 feet, all as platted and dedicated on the plat of Johnson's 4th Addition to the city of Grand Forks, North Dakota, and to set the date of the public hearing for July 21, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hanson 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. Carried 13 votes affirmative.





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INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN JOHNSON'S PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF
KUSTER'S 2ND AND 3RD ADDITIONS, ALL OF
JOHNSON'S 1ST, 2ND, 3RD AND 4TH ADDITIONS,
INCLUDING VACATED NORDONNA CIRCLE

The Planning and Zoning Commission reported having considered the matter of request from Tim Crary on behalf of Johnson Farms for preliminary approval of an ordinance to amend the zoning map and to exclude from the Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Kuster's 2nd and 3rd Additions, all of Johnson's 1st, 2nd, 3rd and 4th Additions, the area of substantial change includes all of Lots 28 through 38, Block 1, Johnson's 4th Addition to the city of Grand Forks, ND, included vacated Nordonna Circle (located north of 17th Avenue South and west of South 38th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for July 7, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Johnsons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the Johnsons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Kuster's 2nd and 3rd Additions, all of Johnson's 1st, 2nd, 3rd and 4th Additions. The area of substantial change includes all of Lots 28 through 38, Block 1, Johnson's 4th Addition, including vacated Nordonna Circle, city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN JOHNSONS PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 10, WITH
SUBSTANTIAL CHANGE LYING IN LOT 1, BLOCK 1,
COLUMBIA PARK 7TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Wally Rodgers on behalf of Americinn Hospitality, L.L.C. for pre-liminary approval of an ordinance to amend the zoning map to exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 9 and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 10, with substantial change lying in Lot 1, Block 1, Columbia Park 7th Addition, Grand Forks, ND (located in the northeast corner of 19th Avenue South and South 29th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to intro-duce the ordinance amending the zoning map and to set the date of the public hearing for July 7, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Columbia park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 9 and to include within the Johnsons PUD (Planned Unit Develop-ment), Concept Development Plan, Amendment No. 10, with substantial change lying
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in Lot 1, Block 1, Columbia Park 7th Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on first reading.

APPROVE SCHEDULE OF PLANNING AND ZONING
COMMISSION MEETING FOR JULY 16, 1997

The Planning and Zoning Commission reported having considered the matter of special planning and zoning commission meeting on July 16, 1997, and recommended a special planning and zoning commission meeting at 7:00 p.m. on July 16, 1997.

It was moved by Council member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN GATEWAY COMMONS PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2,
WITH SUBSTANTIAL CHANGES PERTAINING TO
LOT 1, BLOCK 1, AIRPORT 3RD RESUBDIVISION,
INCLUDING SURPLUS HIGHWAY NO. 2 RIGHT OF WAY

The Planning and Zoning Commission reported having considered the matter of the request from Roger Mattern on behalf of Sherman Associates, Inc. for reconsider-ation of preliminary approval of an ordinance amending the zoning map to exclude from Gateway Commons PUD (Planned Unit Development), Concept Development Plan, Amendment Number 1, and to include within Gateway Commons PUD (Planned Unit Development) Concept Development Plan, Amendment Number 2, with substantial change pertaining to Lot 1, Block 1, Airport 3rd Resubdivision, Grand Forks, North Dakota, including surplus Highway No. 2 right of way (located east of North 51st Street between Gateway Drive and 12th Avenue North), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for July 7, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from Gateway Commons PUD (Planned Unit Development), Concept Development Plan, Amend-ment No. 1 and to include within Gateway Commons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, with substantial change pertaining to Lot 1, Block 1, Airport 3rd Resubdivision to the city of Grand Forks, North Dakota, including surplus Highway No. 2 right of way", which was presented, read and passed on first reading.

APPROVE REQUEST FOR VARIANCE TO SUBDIVISION
REGULATIONS RE. BLOCK LENGTH

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms and Harvest Development for approval of a variance to the subdivision regulations of the Land Development Code specifically as it relates to Section 18-0907, subsection (4)(A) Block Length - Blocks shall be no less than: paragraph (1) blocks fronting on a minor arterial: six hundred sixty (660) feet and to Section 18-0907(2) rights of way (L) right of way access (3) arterials access shall be permitted to minor arterials provided that the point of access is more than six hundred (600) feet from any intersection or other point of access to that arterial, and recommended approval of a variance to access limitations on minor arterials from 632 feet to 3808 feet and 324 feet respectively and more specifically along the north side
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of 17th Avenue South approximately midway between South 38th Street and a rear service road access in Johnson's 4th Addition, which is located 632 feet west of said South 38th Street.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

CONTINUE MATTER OF REQUEST BY SANNES ANTIQUES
FOR CONDITIONAL USE PERMIT FOR RETAIL SALES
AT 1020 COTTONWOOD STREET TO JUNE 30, 1997

The City Planning and Zoning Commission reported having considered the matter of the request from Roger Sannes on behalf of Sannes Antiques for approval of a conditional use permit for retail sales of antique furniture and collectibles on Lot 5, Block 1, Auditor's Subdivision No. 7 in the city of Grand Forks, ND (located at 1020 Cottonwood Street), and recommended approval of the conditional use permit for a period of two years.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved.

Joe Clark, 1018 Linden Court, and Elizabeth Anderson, 1018 Cottonwood Street, spoke in favor of the conditional use permit at 1020 Cottonwood Street.

It was moved by Council Member Sande and seconded by Council Member Polovitz to continue this matter of June 30, 1997. Carried 13 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING REGULATIONS
RE. R-5 (MOBILE HOME RESIDENCE) DISTRICT RE. YARD
REQUIREMENTS, RELATING TO DISTANCE BETWEEN UNITS

The City Planning and Zoning Commission reported having considered the matter of the request from Randy Ekren on behalf of Presidents Park Manufactured Homes Community for preliminary approval of an ordinance to amend the text of the Land Development Code, Section 18-0212 R-5 (Mobile Home Residence) District, subsec-tion (8) Yard Requirements: paragraph (A) relating to distances between units, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for July 7, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved.

It was noted that the distance between units at this park currently 10 ft., when new homes come in 20 ft., and Presidents Park Manufactured Homes Community is asking for 15 ft.

Ray LeClerc, acting city planner, reported this is non-conforming mobile home park and there are special provisions in the Code, that any existing trailer can be within 10 ft. of adjacent trailer, that Code states 20 ft. in new parks, and that the fire department is comfortable with 15 ft. requirement.

Randy Ekren, Presidents Park, stated that their community 25-27 years old, and size of homes increased, they are licensed for 174 spaces which they have to maintain to remain profitable, and trying to provide affordable housing and remain competitive.

After further discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Sande, Klave, Beyer, Babinchak, Hagness - 9; voting "nay": Council Members
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Glassheim, Carpenter, Bakken, Hafner - 4. President Hagness declared the motion carried.

Council Member Beyer introduced an ordinance entitled "An ordinance amending the
Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code; Article 2, Zoning Regulations; Section 18-0212 R-5 (Mobile Home Residence) District, subsection (8) Yard Requirements: amending paragraph (A) relating to distances between units", which was presented, read and passed on its first reading.

DENY VARIANCE TO EMERGENCY STORM SHELTER
REQUIREMENT FOR MOBILE HOME EXPANSION IN
GATEWAY COMMONS PUD

The Planning and Zoning Commission reported having considered the matter of the request from Robert Mattern on behalf of Sherman Associates, Inc. for approval of Gateway Commons PUD (Planned Unit Development), Amendment No. 2, Detailed Development Plan, Manufactured Home Expansion, and more specifically approval of a variance to Section 18-0212, R-5 (Mobile Home Residence), subsection (12) emergency storm shelter, as it relates to said Detailed Development Plan, Lot 1, Block 1, Airport 3rd Resubdivision to the city of Grand Forks, North Dakota, and surplus Highway No. 2 right of way (located east of North 51st Street between Gateway Drive and 12th Avenue North), and recommended denial of the request appealing the requirement to construct an additional storm shelter for the expanded portion of the 72-unit park.

It was moved by Council Member Polovitz and seconded by Council Member Hanson that this recommendation be and is hereby approved.

Roger Mattern, Gateway Terrace, 4701 Golden Gate Drive, stated they already have storm shelter at Gateway Terrace, that required by Code, that they want to add 72 more units, and are required to enlarge their storm shelter as well. He stated that other cities in the State do not require storm shelters, that the City of Grand Forks does not require storm shelters for condos, duplexes, townhouses, etc. built on slabs, and objected to having to build a second storm shelter.

It was moved by Council Member Polovitz and seconded by Council Member Hanson to amend the motion to approve variance so that they would not have to construct the second storm shelter. Upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

AUTHORIZE PURCHASE OF SUN LAND WEST LOTS
FOR HOUSING DEVELOPMENT

The Flood Response Committee reported having considered the matter of City's purchasing Sun Land West lots for housing development under sponsorship of the City, and recommended that we proceed with final negotiations to purchase the land subject to review by city attorney and to proceed with negotiations to pursue purchase of 11.5 acres from UND Foundation.

It was moved by Council Member Polovitz and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.

REFER MATTER OF APARTMENT SHORTAGE TO
HOUSING TASK FORCE

The Flood Response Committee reported having considered the matter of apartment
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shortage and determination of whether are developers that can put up apartment housing quickly or whether city can do it, and recommended to refer to the Housing Task Force to consider this issue, talk to developers, and through housing fair.

It was moved by Council Member Polovitz and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.

RECEIVE AND FILE REPORT FROM CAPITAL
ALLOCATION

The Flood Response Committee reported having considered the matter of report from Capital Allocations Subcommittee of Business Redevelopment Task Force, and recommended to receive and file.

It was moved by Council Member Polovitz and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.

RECEIVE AND FILE MATTER OF EXCEPTION TO
50% DAMAGE RULE FROM FEMA

The Flood Response Committee reported having considered the matter of question of the possibility of getting an exception to the 50% damage rule from FEMA, and recommended to receive and file.

It was moved by Council Member Polovitz and seconded by Council Member Bakken that this recommendation be and is hereby approved.