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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 1, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 1, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown announced that 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 also announced and commented on the following items:
1) He thanked Senator Kent Conrad who was in town today, gave him a tour of our city, and he brought good news to our city and announced another round of funding for work at the Grand Forks Air Force Base, and for his continued support of the 319th Air Refueling Wing, and he appreciates how important the 319th's mission is in the on-going war on terrorism. He also noted how much the 319th means to our community, losing the Base would be a crushing blow to our community and hearts and our city and community will continue to fight for the Base.
2) He thanked city staff who volunteered in Roseau last week - city employees and departments, who contributed their time and resources included 4 inspectors who went there 3 days last week and other departments - health, fire, public works and public information and all the others who have contributed to recovery assistance in Roseau.
3) The World's Smallest Blues Festival was held Saturday, and commended the organizers for a great job; this festival is a clear demonstration of how our community can be positive and friendly.
4) 4th of July is this week - many events going on and encouraged everyone to partake in the celebrations, including the party on the 3rd in the Town Square, family events in University Park all day on the 4th and fireworks at Ulland Park at dusk; and to take time to think about the free country in which we live, brave men and women who have secured our freedom and continue to do so, and to include our friends at 319th Air Refueling Wing.
5. He reported that Taz, police dog who was sworn in two weeks ago, has 4 busts on his record and thanked him and the police department for their good job.
6. He stated that the City is losing a valuable employee Friday, Christi Stonecipher has been with us since 1993 and instrumental in our work that has been done with flood recovery and protection project, and the Alerus Center, and best of luck in her newest endeavors.

Mr. Duquette, city administrator, reported that the Mayor has initiated a sick leave bank program for our city employees, that bank program is designed for our employees who use up all their sick leave through extraordinary circumstances, illnesses, etc. and have 4 to 5 employees taking advantage of that program; had an employee last week who has been involved in some serious circumstances, utilized her sick leave and a call went out to the city employees and in one day our employees had donated enough of their own sick time in the sick leave bank to max out the entire system for this employee, and thanked them - makes him proud to be involved in an administration where people do that for each other. Mayor Brown also thanked the employees.

Mayor Brown announced that the Kool-Aid Girls - Callie Ronkowski, Olivia Simonson and Becky Corbett were here tonight, Mackenzie Kuchera could not make it; that they raised over $1,100.00 to go to the relief for flood victims in Roseau, that their efforts exemplify the spirit of giving; sometimes we forget how much power each of us possess even with living in a small community like Grand Forks and that we all can make a difference, no task too large, no person too small and for their efforts he presented each with a token of his appreciation and the City's appreciation, a key to the city of Grand Forks.

MONTHLY FLOOD PROTECTION UPDATE

Al Grasser, city engineer, reviewed several items which are not included in the video presentation that will be made. He stated that final plans and specs. have been submitted for Phase II of the flood protection project and bids scheduled for mid-July; the Corps is working on the design of Phases III and IV and first review session was held on June 13 and making progress on future stages. The bids for the English Coulee pump station enclosure were received on May 24, and are working with low bidder to confirm his prices and should be executed by the middle of the month. Interim flood protection plans, there are some buildings going down and will be adding some of those interim levees this fall when get substantial section to work on, and will be using funds appropriated by the city council last year. Floodplain remapping: the Mayor sent in City comments about a week ago on the initial draft and comments were substantial. A video was presented showing progress on the dike.

Mayor Brown stated that he and staff went on a tour with Senator Conrad this afternoon of the flood protection project and it is immense and massive and impressive.

Melanie Parvey-Biby, greenway coordinator, stated that the greenway project is being developed in conjunction with the flood protection project, Phase I is under construction; Phase II has been designed and will be bid later this month; Phase III design is just starting. She stated included in Phase II is the Lincoln golf course, that they worked with the Park District to design the levee that runs through the course, and the course will be reconfigured to a 9 hole course and construction may begin this fall; and one of the things worked on with the Corps and the Park District is for the course to remain open until at least Labor Day. Phase III includes Central Park and will be doing a preliminary design and share this with neighborhood this fall during public meetings and could also be work in this area this fall with the greenway cleanup project and removing a portion of the road that runs through the park, the park has been closed the past several years because the road is falling into the river, and are removing as much as needed and requested to tie the remaining road into the paved trail system and will be a loop through the park. Phase II greenway cleanup bids will be brought to the city council next week, some cleanup will be done in the Lincoln Drive areas but since some of flood protection project work is still going on down there will be coordinating some of this work. She stated they have been working with appropriate entities to determine possible sites for a boat ramp in the southend of the greenway and hoping this can be discussed along with the other public meetings for Phase III recreation projects. The director of the ND State Parks & Recreation Department was in town a couple weeks ago and met with him re. possibility of the greenway becoming a state park, a memo has been distributed to the council which highlights the meeting summary; that the Parks Department doesn't envision the greenway in their long term planning but are willing to discuss other options and would like to request the task force to meet in the next couple weeks on how to proceed with this issue.

Mayor Brown asked for a motion to suspend the agenda to bring forward the item relating to the moving permit as that is a notice for public hearing. It was moved by Council Member Christensen and seconded by Council Member Kerian. Carried 7 votes affirmative.

ADOPT ORDINANCE NO. 3928, TO AMEND THE ZONING
MAP TO INCLUDE ALL OF BLOCKS 6, 7, 8 AND 10, ADAMS-
DOBMEIER 2ND SUBDIVISION AND LOT 1, BLOCK 1,
ADAMS-DOBMEIER 3RD RESUBDIVSION WITHIN
MEADOWLARK PUD, CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 1

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from Meadowlark PUD (Planned Unit Development), Concept Development Plan, and to include within Meadowlark PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 20, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The 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 his office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

The staff report from the Planning Department relating to the request from Eugene Adams on behalf of Nodak Electric Cooperative for final approval of an ordinance to amend the zoning map to exclude from Meadowlark PUD (Planned Unit Development) Concept Development Plan and to include within Meadowlark PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, ND, with substantial change lying in the northerly 389.82 feet of the easterly 90 feet of Lot 1, Block 1, currently being replatted as Lot C, Block 1, Adams-Dobmeier 3rd Resubdivision (located between 6th Avenue North and DeMers Avenue and between North 55th and North 62nd Streets), with recommendation for final approval.

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

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE LAND DEVELOPMENT
CODE RELATING TO GOVERNING OUTDOOR SEATING
IN THE CENTRAL BUSINESS DISTRICT TO JULY 15

An ordinance entitled "An ordinance enacting Section x-xxxx relating to outdoor seating in the central business district", which had been introduced and passed on its first reading on May 20, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The 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 his office.

The staff report from the Planning Department relating to the request to amend the Land Development Code for the purpose of establishing regulations governing outdoor seating in the central business district, with recommendation to continue its public hearing from July 1 to July 15, 2002 and give final approval to the ordinance on July 15, 2002.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

Council Member Gershman stated that the ordinance requires that applications requesting outdoor seating permit have to be submitted to the City Downtown Review Board at least 60 days prior to the date the applicant wishes to use the encroachment on the sidewalk, that seems to be fairly restrictive and doesn't see why that couldn't happen in a week or two; that there is no time limit on the signs on the sidewalk; asks for the exact dimensions and total square footage and the proposed outdoor seating area and if businesses have to do a plan of giving the exact square footage, seems to be over thought a little bit. He stated he has a problem with section stating that the permitee (business) acknowledges that seating and tables are not for the exclusive use of their customers but may be used by the general public and would like to have that looked at also. He stated there is no permit fee and if there is one should be nominal. He stated similar things with the signage downtown, but perhaps be a blanket thing that people could do and perhaps no permit. Mr. Potter stated they would look at those points before it comes back to council.

Council Member Christensen asked if there were any rules regulating the placement of outdoor tables and chairs now - would rather see where have to pass rules to govern because various businesses encroaching upon each other's sidewalk space - doesn't think this is a problem that needs solving at this time and try to persuade you discontinue this type of rule making until there is actually a need for it.

Mr. Swanson stated that the City has no rules governing table and signs of this nature because they are exclusively prohibited and without the adoption or amendment of the Code in some manner, they are not allowed. It was noted that those allowed have been allowed by administrative authorization. Council Member Christensen stated let's simplify it and make it more business user friendly for those that are trying to bring the downtown back.

Council Member Kerian asked if there was a place to appeal should someone not be given a permit.

Mr. Swanson stated there is a provision that was adopted nearly two years ago for appeals from the administrative decision to the administrative coordinator and then to the city council.

Council Member Kreun stated that as this came through Planning and Zoning and public safety there are some minimum requirements that have to be met for the safety of the people that walk past those businesses, ADA regulations have to be met and some type of guidelines that have to be put forth, and some kinds of requirements for directing people towards different types of businesses if we do not have the regulations that do have protrusions, etc. , and that maybe it doesn't require permit or timeframe but do need some type of guidelines to make sure the public is in a safe environment.

It was moved by Council Member Kreun and seconded by Council Member Kerian to table this matter to July 15, 2002. Carried 7 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE RELATING TO ESTABLISHING
REGULATIONS GOVERNING THE USE OF A-FRAME SIGNS
TO JULY 15, 2002

An ordinance entitled "An ordinance enacting Section 18-0301(7)(E) relating to signs in the central business district", which had been introduced and passed on its first reading on May 20, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The 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 his office.

The staff report from the Planning Department relating to the request to amend the Land Development Code for the purpose of establishing regulations governing the use of A-frame signs, with recommendation to continue the public hearing and final approval of the ordinance from July 1 to July 15, and give final approval to the ordinance on July 15.

It was moved by Council Member Kerian and seconded by Council Member Glassheim to continue the public hearing and seconded reading of the ordinance to July 15, 2002. Carried 7 votes affirmative.

ADOPT ORDINANCE NO. 3929, ANNEXING LOTS
1 THROUGH 15 AND A PORTION OF LOT 16, BLOCK 1,
LOTS 1 THROUGH 15 AND A PORTION OF LOT 16, BLOCK
2, SOUTHERN ESTATES THIRD ADDITION AND AN
UNPLATTED PORTION OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 20, T151N, R50W
OF THE 5TH PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lots 1 through 15 and a portion of Lot 16, Block l, Lots 1 through 15 and a portion of Lot 16, Block 2, Southern Estates Third Addition and an unplatted portion of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section 20, T151N, R50W of the 5th Principal Meridian to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 20, 2002 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that notice to the public that this would be presented to the city council had been published as required.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from guy Useldinger on behalf of Southern Estates LLP for approval of an ordinance to annex Lots 1 through 15 and a portion of Lot 16, Block 1, and Lots 1 through 15 and a portion of Lot 16, Block 2, Southern Estates Third Addition and an unplatted portion of the Southwest Quarter of the Southwest Quarter of Section 20, T151N, R50W of the 5th P.M. being a strip of land 140 feet in width lying west of and adjoining the westerly right of way line of South 25th Street as platted in said Southern Estates Third Addition, less that portion previously annexed as resolution No. 7777 and recorded as Document No. 564965. This property is located west of South 20th street and north of 45th Avenue South.; with recommendation for approval.

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

Upon call for the question and upon adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

CONTINUE PUBLIC HEARING ON PETITION TO
VACATE A 10-FOOT WIDE EAST/WEST UTILITY
EASEMENT LYING SOUTH OF AND ADJOINING THE
NORTH LINE OF BLOCK 1, PERKINS THIRD ADDITION
AND BLOCK 1, PERKINS FOURTH ADDITION TO JULY 15

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 10-foot wide east-west utility easement lying south of and adjoining the north line of Block 1, Perkins Third Addition and block 1, Perkins Fourth Addition to the City of Grand Forks, North Dakota, excluding the easterly 10 feet of said Perkins Third Addition and the westerly 10 feet of said Perkins Fourth Addition (located north of 36th Avenue South between South 31st Street and South 34th Street), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Dennis Potter, city planner, asked that they continue the public hearing until July 15, that in reviewing the records before the submitted them to the council for final action, found that they were missing one of the adjacent landowner's signature and verification that they agree to the vacation and need to get that before July 15.

It was moved by Council Member Gershman and seconded by Council Member Kerian to contain the public hearing to July 15, 2002. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 585, PROJECT NO. 5274

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 585, Project No. 5274, paving on North 52nd Street from U.S. Highway 2 to the south lot line of Lot A, Block A, Korynta-Lemm Subdivision, had expired on June 27, 2002 and that he had received one protest to the project from property at 5224 Gateway Drive and the amount of property involved in the protest would be 14% of the area of the district and not a sufficient protest.

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

Council Member Glassheim introduced the following resolution as to protests, which was presented and read: Document No. 8190 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Paving District No. 585, Project No. 5274, as protests totaled 14% of the district, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 587, PROJECT NO. 5379

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 587, Project No. 5379, paving Phoenix Court, had expired on June 27, 2002 and that he had received no written protests.

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

Council Member Glassheim introduced the following resolution as to protests, which was presented and read: Document No. 8191 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Paving District No. 587, Project No. 5379, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5274, DISTRICT NO. 585, AND PROJECT NO. 5379, DISTRICT
NO. 587

The city auditor presented and read tabulation of bids which had been received and opened on June 10, 2002 for Paving Project No. 5274, District No. 585, paving North 52nd Street from U.S. Highway 2 to the south lot line of Lot A, Block A, Korynta-Lemm Subdivision, and for Paving Project No. 5379, District No. 587, paving Phoenix Court, indicating that Opp Construction, LLC was the low bidder based upon their bids in the amounts of $113,671.50 and $55,312.10, respectively, with a total bid of $168,983.60: Document No. 8192 - Bid Tabulation.

The city engineer's estimates of total cost on Paving Project No. 5274, District No. 585, and on Paving Project Nos. 5379, District No. 587, in the amounts of $144,000.00 and $70,000.00, were presented and read.

The staff report from the engineering department relating to bids for Project No. 5274, District No. 585, and for Project No. 5379, District No. 587, with recommendation to award to low bidder, Opp Construction, LLC in the amounts of $113,671.50 and $55,312.10, respectively, for a total of $168,983.60.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 7 votes affirmative.

Council Member Glassheim introduced the following resolution, which was presented and read: Document No. 8193 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that this resolution awarding the contract for Project Nos. 5274 and 5379 to Opp Construction, LLC be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

CONTINUE PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE HOUSE FROM 1402 SOUTH
17TH STREET TO 721 CHERRY STREET TO JULY 15, 2002

The city auditor reported that the notice of public hearing on the application by Ricky Johnson to move a house from 1402 South 17th Street to 721 Cherry Street to be used as a dwelling had been published and posted as required.

The staff report from the inspections department relating to the application for moving permit to move the house from 1402 South 17th Street to 721 Cherry Street, with recommendation to approve the moving permit to move a house from 1402 South 17th Street to 721 Cherry Street.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

The following individuals presented comments opposing the moving of this building to 721 Cherry Street as it did not seem to fit in the neighborhood, lot too small for the building, that the front of the house will face adjacent property and not the street, with no windows to side of building facing the street, and concerns about property values: Francis Adams, 718 Cherry Street, Susan Askjem, 716 Cherry Street, Fred Bolt, 725 Cherry Street, and Greg Huderly, 717 Cherry Street.

Bev Collings, inspections department, reported that the lot is 37.5 by 140 ft. and that she cannot find an ordinance that would restrict owners from rebuilding on the lot, that there is no correspondence in her office that says that they could not rebuild on the property, it is a lot of record and they've checked the impervious surface requirements and spoke to previous owners.

Council Member Gershman asked if they could get super imposed photos with the adjacent households in
color as in the past as that is extremely helpful; Ms. Collings stated she could work with Urban Development to try to get pictures.

Council Member Glassheim asked if all the clearances conform to Code - sideyard setbacks, etc. Ms. Collings stated in packet there is a plat drawing that shows the location of the house, existing garage and the 405 impervious surface area, coverage was double checked on that and there is a small garage to the back, the house is presently 960 sq.ft. and they are proposing to go to 1,000 sq.ft. with a porch addition (small entry of 40 sq.ft.), and meets all the codes and regulations. She stated that the neighborhood is a mix of ranch, two-story, story and a half homes, and mix in market value also, the value of this house between $75,000 and $80,000 when completed, and has not been occupied since before the flood (were remodeling) and house is gutted on the inside and will be redone but did reside the house and put new windows on the outside.
Mr. Swanson stated that a stick-built house on the site does not require any notification to neighbors, does not require public hearing or any involvement of the city council; when property is being moved, the city council does have by ordinance requirements that a public hearing be held, that the neighbors have notice, the original intent or underlying intent in part is to determine whether or not the property can be moved onto the lot without damaging trees on berms, property adjoining the lot and determination for compatibility.

Council Member Hamerlik asked if there was anything on the books that if this building were moved, it is completed within certain timeline. Mr. Swanson stated the Code does not distinguish between a stick built house and a house being moved on site as to establishing a timeframe for completion, there is a time limit to the building permit and if that timeline expires, they have to renew that permit, but there would not be the ability to impose a different form of timeline or requirement that is not provided by Code on a structure that is moved into a site that is not otherwise applicable to a stick-built home on the lot.

Mr. Swanson stated on moving a piece of property you are not given full discretion to simply refuse to grant the moving permit because you don't like the way it might look, can't legislate aesthetics for a piece of property of that nature, you can look at whether or not it does fit in the neighborhood, is it in character with the other properties and that can entail a number of things - is it the only one-story in the neighborhood, is it clearly out of historical character for the neighborhood and can also judge and determine whether it fits on the lot if there is a structural problem with it fitting, but in many cases you need to compare to if this were proposed to be stick-built, does the City have the authority to prevent it or alter it, there should not be any greater restrictions placed on moving a home in than there would otherwise be placed on a home that is going to be built on site, provided that it can be moved through the streets, through utilities, public trees, etc. It was noted that there is a tree on the berm in front of this property.

Council Member Gershman moved to postpone this for two weeks and request that staff prepare some photographs for them so they can see how it sits, and also give council members the time, if they wish, to drive by and look at it, and that this item be placed on the committee of the whole agenda. Council Member Brooks seconded the motion. Carried 7 votes affirmative.

ELECT OFFICERS OF CITY COUNCIL AND CHAIRS
OF STANDBY COMMITTEES AND INTRODUCE ORDINANCE
DELETING REQUIREMENT FOR A SECOND VICE PRESIDENT

Mayor Brown asked for nominations for president and vice president of the city council.

Council Member Hamerlik placed in nomination the name of Harold (Hal) Gershman for president of the city council. Council Member Kreun moved that nominations cease and that we cast a unanimous ballot for Mr. Gershman, Council Member Christensen seconded the motion. Carried 7 votes affirmative.

Council Member Christensen placed the name of Gerald Hamerlik in nomination for vice president of the city council. Council Member Kreun moved nominations cease and that we cast a unanimous ballot for Mr. Hamerlik; Council Member Kerian seconded the motion. Carried 7 votes affirmative.

Council Member Christensen moved that this body not elect a second vice president, Council Member Kerian seconded the motion.

Mr. Swanson stated the ordinance that this body is required to elect a president, a first vice president and a second vice president on or before August 1, if you do not move to amend that ordinance tonight you will not be able to comply with that ordinance; if you introduce an ordinance making that amendment tonight you could act upon that for second reading on July 15 and assuming you would amend it back to the manner in which it existed prior to March 18, you would still comply with the August 1 date; that if they don't take any action tonight the soonest you could act upon final approval would not be until August 5.

After some discussion and upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Brooks voting against the motion.

It was moved by Council Member Christensen that we amend section 2-0103 to delete the words ", and a second vice president" so that the ordinance would read "from its own members a president and a vice president" and remove reference to "first" and removing any reference to either a first vice president or second vice president, so that the ordinance would read to have a president and a vice president and last line would read "In the absence or disability of the mayor the president or vice president of the council shall perform the duties of mayor and in the absence of the president, the vice president shall assume the duties of the mayor.", to delete the underlined language starting with the word "in the absence" and ending with the words "as acting mayor" and include the former language. The motion was seconded by Council Member Kerian.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Brooks voting against the motion.

Council Member Kreun introduced an ordinance entitled "An ordinance amending Section 2-0103 of the grand Forks City Code relating to president and vice president of council", which was presented, read and passed on its first reading.

ADOPT CHAIRS OF STANDBY COMMITTEES

Council Member Kerian nominated Council Member Christensen as chair of the finance/urban development committee. It was moved by Council Member Kerian and seconded by Council Member Gershman to cease nominations and we cast a unanimous ballot for Mr. Christensen. Carried 7 votes affirmative.

Council Member Gershman nominated Council Member Kreun as chair of the safety/service committee. It was moved by Council Member Glassheim and seconded by Council Member Kerian to cease nominations and we cast a unanimous ballot for Mr. Kreun. Carried 7 votes affirmative.

COUNCIL MEMBER GERSHMAN EXCUSED

CONFIRM APPOINTMENT OF ASSISTANT CITY ATTORNEYS,
CITY PROSECUTOR AND ASSISTANT CITY PROSECUTORS

The staff report from the city attorney relating to confirmation of appointment of assistant city attorneys, city prosecutor and assistant city prosecutor, with recommendation to confirm the appointment of John Warcup as assistant city attorney, Gary Euren as city prosecutor and assistant city attorney, Kristen Pettit as assistant city prosecutor, and Dwight Kalash as assistant city prosecutor.
It was moved by Council Member Christensen and seconded by Council Member Kerian to confirm the appointments as recommended. Carried 6 votes affirmative.

APPROVE BUDGET AMENDMENTS

The staff report from the police department relating to budget amendment request to include US Department of Justice Local Law Enforcement Block Grant #6 (2001-LB-BX-0854) federal grant funds and previous interest earned which was not expended in 2001, interest earned January-April, 2002), with recommendation to approve amendment.

The staff report from the police department relating to budget amendment request to include US Department of Justice Local Law Enforcement Block Grant #5 (2000-LB-BX-0189) grant funds and previous interest earned which was not expended in 2001, interest earned January-April, 2002, with recommendation to approve budget amendment.

The staff report from the police department relating to budget amendment to include US Department of Justice Local Law Enforcement Block Grant #4 (99-LB-VX-8711) federal grant funds and previous interest earned which was not expended in 2001, interest earned January-April, 2002, with recommendation to approve the budget amendment.

It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the budget amendments. Carried 6 votes affirmative.

The staff report from the fire department relating to budget amendment to transfer grant funds to 2002 budget, with recommendation to approve the budget amendment.

It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the budget amendments. Carried 6 votes affirmative.

APPROVE AWARD OF CONTRACT FOR PROJECTS
NOS. 4815.1 AND 4816.2, SANITARY SEWER AND WATER
SYSTEM MODIFICATIONS

The staff report from the engineering department relating to consideration of bids for Project No. 4815.1 and 4816.2, sanitary sewer and water system modifications, with recommendation that a contract be awarded to Soberaski, Inc. in the amount of $43,396.50.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO URBAN AND REGIONAL
PROJECT LIST

The staff report from the engineering department relating to amendment to the Urban and Regional project list, with recommendation to approve Federal Aid Project list to include the US 81 project and authorize city match to come from Highway Users account.
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.

APPROVE PRELIMINARY ENGINEERING AGREEMENT
WITH NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
FOR REIMBURSEMENT OF SERVICES FOR COLUMBIA
ROAD AND GATEWAY DRIVE (U.S. 2)

The staff report from the engineering department relating to preliminary engineering agreement with the North Dakota Department of Transportation for reimbursement of engineering services on the regional portion of Columbia Road and Gateway Drive (U.S. 2), with recommendation to approve the agreement (NDDOT to reimburse the city for approximately 50% of the total engineering cost or approximately $147,056.00).

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET IMPROVEMENT PROJECT NO. 5320, DISTRICT
NO. 90

The city engineer's estimate of total cost of the construction of street improvements on Library Circle from South 17th Street to the intersection 300 feet east of the Public Library and South Library Circle from South 17th Street to Library Lane, in the amount of $125,000, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5320, District No. 90, street improvements on Library Circle from South 17th Street to the intersection 300 feet east of the Public Library and South Library Circle from South 17th Street to Library Lane, with recommendation to approve plans and specifications for Project No. 5320, street improvements on Library Circle.
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 6 votes affirmative

Council Member Christensen introduced the following resolution, which was presented and read: Document No. 8194.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this resolution be adopted. Carried 6 votes affirmative.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF BERG'S FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Keith Berg (personal representative for Emil Jacobson Estate) and Keith Berg on behalf of himself for preliminary approval of Berg's First Addition, Grand Forks County, North Dakota (located in the 7100 block of 32nd Avenue South), with recommendation to give the plat preliminary approval subject to the conditions shown on or attached to the review copy and including a variance to Section 18-0907 (2)(L) Right of Way Access, to give preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for July 15, 2002.

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

Council Member Kreun introduced 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 Berg's First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF BERG'S SECOND
ADDITION AND INTRODUCE ORDINANCE AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF BERG'S SECOND
ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Keith Berg (personal representative for Emil Jacobson Estate) and Keith Berg on behalf of himself for preliminary approval of Berg's Second Addition, Grand Forks County, North Dakota being part of the Southeast Quarter of Section 14, Township 151 North, Range 51 West of the 5th Principal Meridian, (located west of South 69th street between 24th Avenue South and 32nd Avenue South), with recommendation to give the plat preliminary approval subject to the plat of Berg's Second Addition subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan, and schedule a public hearing for July 15, 2002.

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

Council Member Kreun introduced 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 Berg's Second Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING LAND DEVELOP-
MENT CODE RELATING TO NON-CONFORMING USES