Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 17, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 17, 2003 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Christensen, Kerian, Kreun - 6; absent: Council Member Gershman - 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 thanked Delton Steele and the East Grand Forks/Grand Forks Military Affairs Committee and everyone else who helped to organize our community send-off for the National Guard last Friday; it is crucial that our support of the 131st Quartermaster Unit, the Water Dogs, and that we continue to support them and their families until their safe return.
This coming weekend is the Forx Home Builders Lifestyles Expo at the Alerus.
Congratulations to the coaches and players of the UND basketball teams for a productive and exciting season; and congratulations to UND Hockey for one of its most exciting games and for advancing to the next round.
He stated we have to say goodbye to Tucker Reamy who was the ten-year-old boy who died unexpectedly from complications from a stem cell cord blood transplant. He touched our hearts in our community and our thoughts and prayers are with his family.

ADOPT ORDINANCE NO. 3960, RELATING TO REPORT
VIOLATIONS OF LAW, MAKE COMPLAINTS , ATTEND
TRIALS

An ordinance entitled "An ordinance amending Section 5-0202 of the Grand Forks City Code relating to report violations of law, make complaints, attend trials", which had been introduced and passed on its first reading on March 3, 2003, was presented and read for consideration on second reading.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3961, RELATING TO GENERAL
DUTIES OF THE MUNICIPAL JUDGE

An ordinance entitled "An ordinance amending Section 3-0101 of the Grand Forks City Code relating to general duties of the municipal judge", which had been introduced and passed on its first reading on March 3, 2003, was presented and read for consideration on second reading.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.


APPROVE FINAL PLAT; AND ADOPT ORDINANCE INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
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 Cornerstone Estates Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 18, 2003, 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 this evening and further that to date he had received no written protests on this matter.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of the plat of Cornerstone Estates Addition to the city of Grand Forks, North Dakota (located in the 700 block of 55th Avenue South), with recommendation for final approval of the plat subject to the conditions shown on or attached to the review copy, and to approve the ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Christensen 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, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3963 TO ANNEX CORNERSTONE
ESTATES ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 18, 2003, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and 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.

Dennis Potter, city planner, reported that at the time this annexation was proposed the question arose about whether or not to include part of the LeClerc's Addition, that since the annexation agreement documents have been reviewed by the city attorney and currently in the hands of the LeClerc family for their review, it would be his recommendation that they approve the annexation with the exception of portion of the LeClerc's Addition. Mr. Swanson stated that if the council's inclined, it would be a motion to approve excluding that portion designated by the planning director.

Council Member Christensen stated he brought this to the council's attention as was concerned that it was impinging upon the agreement with the Ray LeClerc family, since that time has reviewed the LeClerc document and talked with Mr. LeClerc on this and it was his conclusion that it did not have to be excluded. It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the entire plat as suggested rather than Mr. Potter's recommendation. Carried 6 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3964, AMENDING ZONING
MAP TO REZONE AND INCLUDE WITHIN CRARY'S
PUD (PLANNED UNIT DEVELOPMENT) CONCEPT
DEVELOPMENT PLAN, PORTION OF SECTION 27,
T151N, R50W OF 5TH PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Crary's PUD (Planned Unit Development) Concept Development Plan, that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, lying easterly and northerly of TJ's First Addition, southerly of Mighty Acres Second Addition and westerly of Julien's No. 2 Subdivision all to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 18, 2003, 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.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of an ordinance amending the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the Crary's PUD (Planned Unit Development), Concept Development Plan (located in the 5600 block of Belmont Road), with recommendation to give final approval to the ordinance and Planned Unit Development, Concept Development Plan, subject to the conditions shown on the review copy.

It was moved by Council Member Christensen 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 Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3965, AMENDING COMPRE-
HENSIVE PLAN TO EXCLUDE FROM THE GRAND FORKS/
EAST GRAND FORKS 2022 TRANSPORTATION PLAN UPDATE,
TOGETHER WITH ALL MAPS, INFORMATION RECOMMENDA-
TIONS AND DATA CONTAINED THEREIN

An ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2001 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks/East Grand Forks ITS Strategy Plan Element)", which had been introduced and passed on its first reading on February 18, 2003 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.

Blair Sondreal, 2482 Huntington Park Drive, stated he believes that this town has an excellent transit service, and doesn't think this amendment to eliminate Planning and Zoning will improve the excellence of our service. He stated it would be wise to reconsider this issue with efforts to actively solicit public involvement by re-establishing bus committee, keeping planning and zoning in the plans that have been in place and putting the original wording of "low floor buses" back into the transit element of the transportation plan; and asked council to give them serious consideration.

Mary Weaver, 509 Cherry Street, stated our public transportation in Grand Forks receives federal dollars and is legally mandated to seek and use public input in its decision making process, but feels that their voices have been lost in the process, that she agrees with Mr. Sondreal about re-establishing bus committee and returning the words "low floor buses" to the transportation plan; that she feels that Planning and Zoning should be kept in the transit loop, and asked that the council vote to keep Planning and Zoning's purview over bus routes.

Mayor Brown closed the public hearing.

Council Member Kerian asked Mr. Feland to go through the process that a bus route investigation and change might go through and what opportunities for public input there would be as part of that process.

Todd Feland, director of public works, stated that currently the MPO has a TAC (Technical Advisory Committee) process having representatives from the DOT, Grand Forks and East Grand Forks representatives, and that is where these issues related to transportation are discussed, that group makes recommendations to the MPO Executive Board (including members of Grand Forks and East Grand Forks Planning and council), and rather than recommendations going to the Planning and Zoning Commission, they would come to the city councils for review and final determination. He stated that issues relating to public transportation have had a lot of public input and a lot of discussion, and that beyond the formal participation process, the mayor would have the ability to send it to an ad hoc committee for further study; there would be plenty of opportunity for input.

Council Member Christensen stated he serves on the MPO Committee along with Mr. Kreun and as part of this issue, the MPO Committee has these issues presented to it routinely and it is part of their mandate federally to make representations to the federal agencies/government from whom we receive funds; that we have had a public hearing process on an ongoing basis on various issues, and would fully expect the MPO Committee would also, if any bus route changes, require that of the TAC and would be hearings either from the MPO committee before making recommendations to the respective governing bodies of Grand Forks and East Grand Forks and if the respective governing bodies didn't feel that there was adequate hearings, then they could call for additional hearings - that there won't be a lack of public notice or a lack of opportunity for public input - just eliminating one of the four bodies that would have some jurisdiction over this issue.

Council Member Kreun stated that this process would take approximately six different meetings with public input, by changing it, brings it down to four - and makes for an easier streamlined process for the people to get the information.

Council Member Glassheim stated that it seems to him that the bus routes are directly related to planning and zoning's interest in land use and land development and they are materially related to it and should go there first, and they should have an opportunity to have experts look at things and make recommendations before it comes to council. There is some advantage to streamlining things but there are advantages to taking a longer look at things, some things are complex and affect a lot of people and takes time to go through the process and make sure everybody is heard and bigger picture is looked at. He agrees that there is no point in having the MPO look at the fares or even vehicle types but bus routes seems to be related to their job of coordinating transportation and land uses and routes of where people are going, and would like to delete No. C Bus routes from the exclusion.

Council Member Brooks stated he has been concerned with cost-effectiveness of our bus system and voiced concern that we have to see the consumers, the advocates, employees all come together and work with management to ensure that we have long term public transportation in the city.

The staff report from the Planning Department relating to the request from the Planning Department to amend the Grand Forks Comprehensive Plan to exclude there from the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway Element, 1999 Pedestrian Element, 2002 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks-East Grand Forks ITS Strategy Plan Element) together with all maps, information, recommendations and data contained therein, with recommendation for final approval of the ordinance.

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

Council Member Glassheim moved to delete subsection (C) 3.C Bus Routes from the plan. The motion died for lack of a second.

Council Member Glassheim stated in (C) 4.A. they are excluding 32nd Avenue as an inter-city bridge location and doesn't seem to be a good idea, 32nd Avenue if there is to be an inter-city bridge that seems to be a strong possibility and should be left in and asked if they have made agreements with East Grand Forks that 32nd Avenue South will absolutely not be looked at any further. Council Member Christensen stated that item in 4.A the exclusion of 17th Avenue South and 32nd Avenue South was something that a previous council did, that will remain in this ordinance but further recommendations from the MPO as to the siting of an East Grand Forks/Grand Forks bridge will be coming forward, not sure when that will as they don't have the final report from the MPO; there will be continuing conversations in this community in the next two-three months as to the siting of a bridge and that portion of this ordinance will be revisited. Council Member Glassheim stated that at this point they are not designating 17th or 32nd as inter-city bridge locations but are saying that they cannot be designated in the future. Council Member Christensen stated in the future when the MPO comes forth with its current recommendations, this portion of the ordinance was included pending the 2000 census data additional traffic counts, and will bring forth a report and new recommendations from the MPO as to siting of bridges.

Upon call for the question on the motion and upon voice vote, the motion carried 6 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, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

AUTHORIZE RELEASE OF 2002 UND SEED MONEY

The staff report from the finance department relating to release of 2002 UND seed money, with recommendation to approve budget amendment to move 2002 budgeted dollars for University of North Dakota seed research match into 2003.

It was moved by Council Member Hamerlik 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 REQUEST FOR FUNDS FROM GRAND FORKS
CONVENTION AND VISITORS BIREAU

The staff report from the administrative coordinator relating to request for funds from Grand Forks Convention and Visitors Bureau, with recommendation for a one-time allocation of $225,000 out of Fund 2163 to be used for expanded marketing plan.

It was moved by Council Member Hamerlik 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 APPLICATIONS FOR ABATEMENT OF 2001
AND 2002 TAXES AT 460 BURDICK COURT

The staff report from the city assessor relating to the applications for abatement for 2001 and 2002 taxes by Arnold Abels, 460 Burdick Court, with recommendation to recommend to the Board of County Commissioners that these applications be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. 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.

EXTEND MEETING DATE FOR 2003 BOARD OF
The staff report from the city assessor relating to extending the 2003 City Board of Equalization, with recommendation to extend the date from April 8, 2003 to May 5, 2003.

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

APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5382, TCSP
GREENWAY/BIKEWAY IMPROVEMENTS

The staff report from the engineering department relating to Three-way construction engineering services agreement for Project No. 5382, TCSP Greenway/Bikeway Improvements, with recommendation to approve and authorize the execution of a three-way agreement with the NDDoT and Webster Foster & Weston for construction engineering services in the amount of $95,613.41, contingent upon concurrence by the NDDoT.

It was moved by Council Member Hamerlik 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.

AWARD CONTRACT FOR PROJECT NO. 5382, TCSP
GREENWAY TRAIL ENHANCEMENTS

The staff report from the engineering department relating to bids for City Project No. 5382, TCSP Greenway Trail Enhancements, with recommendation to award contract to low bidder, Specialized Contracting, in the amount of $589,747.53, contingent upon concurrence by the NDDoT.

It was moved by Council Member Hamerlik 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.

CONSIDER BIDS AND AWARD CONTRACT FOR PROJECT
NO. 5409, 2003 SIDEWALK REPAIRS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 5409, 2003 Sidewalk Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction in the amount of $144,041.00 (based on estimated quantities per unit price).

It was moved by Council Member Hamerlik 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 AGREEMENT WITH
XCEL ENERGY FOR RELOCATION OF UTILITIES
ALONG ENGLISH COULEE DIVERSION PROJECT

The staff report from the engineering department relating to amendment to agreement with Xcel Energy for relocation of utilities along the English Coulee Diversion Project, with recommendation to approve an additional $54,000 for the relocation of additional Xcel Energy utilities in conflict with the English Coulee Diversion Project.

It was moved by Council Member Hamerlik 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 AGREEMENT FOR DESIGN ENGINEERING
SERVICES AND BIDDING SERVICES FOR PROJECT NO. 5456,
LIFT STATION NO. 89 REHABILITATION

The staff report from the engineering department relating to design engineering services agreement for Project No. 5456, Lift Station No. 89 Rehabilitation, with recommendation to approve agreement with Webster, Foster & Weston in the amount of $60,357.00 based on an hourly not to exceed contract.

It was moved by Council Member Hamerlik 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 MOSQUITO CONTROL BIDS AND BUDGET
The staff report from the health department relating to mosquito control bid recommendations and budget amendment (new revenue), with recommendation to approve the budget amendment in the amount of $260,000 and approve bids for mosquito control products.

It was moved by Council Member Hamerlik 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 BUDGET AMENDMENT FOR FIRE DEPARTMENT

The staff report from the fire department relating to budget amendment, with recommendation to bring unused 2002 Weapons of Mass Destruction monies into the 2003 budget from cash carryover.

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

APPROVE FINAL PLAT OF PERKINS SEVENTH
RESUBDIVISION

The staff report from the Planning Department relating to request from Pribula Engineering on behalf of HDD Inc. for final approval of the plat of Perkins Seventh Resubdivision to the city of Grand Forks, North Dakota (located at 36th Avenue South between South 31st and South 34th Streets), with recommendation for final approval of the plat of Perkins Seventh Resubdivision subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT C OF
REPLAT OF LOTS 1-6, BLOCK 1, COLUMBIA PARK
The staff report from the Planning and Zoning Commission relating to request from Ulteig Engineers, Inc. on behalf of IHOP Realty Corporation for final approval (fast track) of a replat of Lot C of the replat of Lots 1-6, Block 1, Columbia Park 27th Addition, Grand Forks, North Dakota (located at 3901 32nd Avenue South), with recommendation for final approval to the replat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1,
HEITMANN WEG ADDITION

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Georgia and Dieter Heitmann for final approval (fast track) of a replat of Lot 1, Block 1, Heitmann Weg Addition to the city of Grand Forks, North Dakota (located at Angela Drive and 62nd Avenue Southeast), with recommendation for final approval to the replat, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE ALLEY RIGHT OF WAY
ADJACENT TO LOTS 1 THROUGH 12, BLOCK 9,
VILLARD'S ADDITION
The staff report from the Planning and Zoning Commission relating to petition from D & M Enterprises, Inc. for vacation for approval to vacate the alley adjacent to Lots 1 - 12, Block 9, Villards Addition to the city of Grand Forks, North Dakota, with recommendation to set a public hearing date as required by law.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required and the public hearing be set for Monday, April 21, 2003. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE STREETS AND ALLEY
RIGHTS OF WAY IN BAUKOL'S ADDITION, RIVERSIDE
PARK ADDITION AND RIVERSIDE PARK 2ND RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks to vacate streets and alleys in Baukol's Addition, Riverside Park Addition and Riverside Park 2nd Resubdivision to the city of Grand Forks, North Dakota, with recommendation to set a public hearing date as required by law.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required and the public hearing be set for Monday, April 21, 2003. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE UTILITY EASEMENT
IN LOT 1, BLOCK 1, DeMERS 5TH RESUBDIVISION AND
LOT 1, BLOCK 1, DeMERS 6TH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to petition from Dakota Sales Co., Inc. for approval to vacate the utility easement in Lot 1, Block 1, DeMers 5th Resubdivision and Lot 1, Block 1, DeMers 6th Resubdivision to the city of Grand Forks, North Dakota (located in the 1900 block of DeMers Avenue), with recommendation to set a public hearing date as required by law.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required and the public hearing be set for Monday, April 21, 2003. Carried 6 votes affirmative.

APPROVE PRELIMINARY PLAT OF KIEFFER'S RESUB-
DIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Dakota Sales Company, Inc. for preliminary approval of the plat of Kieffer's Resubdivision to the city of Grand Forks, North Dakota (located in the 1900 block of DeMers Avenue, with recommendation to give preliminary approval to the plat subject to the conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT; AND INTRODUCE TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
REPLAT OF DEACONS GARDEN ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Dee Phaneuf on behalf of Deacons Development, LLP and RJ Zavoral and Sons, Inc. for preliminary approval of a Replat of Deacons Gardens Addition, being a replat of Block 1, Lots 6, Kannowski's First Addition to the city of Grand Forks, North Dakota (located at 2500 62nd Avenue South), with recommendation to give preliminary approval to the replat, including an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy, and set a public hearing for April 21, 2003.

It was moved by Council Member Hamerlik 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 Replat of Deacons Gardens Addition (being a Replat of Block 1, Lot 6, Kannowski's First Addition), Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE TO INCLUDE PUBLIC R/W SHOWN AS DEDICTED ON PLAT
OF AUDITOR'S RESUBDIVISION NO. 32

The staff report from the Planning and Zoning Commission relating to request from Brandon Bartholomew on behalf of City of Grand Forks for preliminary approval of the plat of Auditor's Resubdivision No. 32 to the city of Grand Forks, North Dakota (located in the 3000-3200 blocks of Olson Drive), with recommendation to give preliminary approval of the plat of Auditor's Resubdivision No. 32, including an ordinance amending the Street and Highway Plan and set a public hearing for April 21, 2003.

It was moved by Council Member Hamerlik 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 Auditor's Resubdivision No. 32, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCD TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF AUDITOR'S RESUBDIVISION NO. 33

The staff report from the Planning and Zoning Commission relating to request from Brandon Bartholomew on behalf of the city of Grand Forks for preliminary approval of the plat of Auditor's Resubdivision No. 33 to the city of Grand Forks, North Dakota (located at 34th Avenue South and Elmwood Drive), with recommendation to give preliminary approval of the plat subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan and set a public hearing date for April 21, 2003.

It was moved by Council Member Hamerlik 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 Auditor's Resubdivision No. 33 to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF FOUNTAIN VISTA
PARK RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Cyprus Builders on behalf of Deacon's Development, LLP for preliminary approval of the plat of Fountain Vista Park Resubdivision, being a Replat of Lot 20, Block B of the Replat of Lot 7, Block 1, Kannowski's 1st Addition (located in the 5800 block of Pinehurst Drive), with recommendation to give preliminary approval to the replat, subject to the conditions shown on or attached to the review copy.

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

DENY REQUEST TO REZONE AND EXCLUDE FROM
THE R-2 DISTRICT AND TO INCLUDE WITHIN THE B-1
DISTRICT LOTS C AND D, BLOCK 28, BUDGE & ESHELMAN'S
3RD ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Carrol Burtness and Gaylin Schmidt for preliminary approval; of an ordinance to rezone and exclude from the R-2 (One and Two Family Residence) District and to include within the B-1 (Limited Business) District Lots C and D, Block 28, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota (located at 1611 and 1613 4th Avenue North), with recommendation for denial of the request.

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

DENY REQUEST FOR FINAL APPROVAL OF REPLAT OF
LOT 2, BLOCK 1, YOUNG SUBDIVISION (INCLUDING
VARIANCE TO REGULATIONS TO MINIMUM LOT SIZES
IN THE A-2 DISTRICT

The staff report from the Planning Department relating to request from Warren and Colette LeClerc for final approval (fast track) of a replat of Lot 2, Block 1, Young Subdivision, Grand Forks, North Dakota (lying in the Southeast Quarter of Section 33, Township 151 North, Range 50 West of the 5th Principal Meridian, and including a variance to Section 18-0907(5)(A) of the subdivision regulations in regards to minimum lot sizes in the A-2 (Agricultural Reserve) District (located at 7274 South Washington Street), with recommendation to deny the request.

Grant Shaft, 2850 24th Avenue South, attorney for Warren and Colette LeClerc, stated he appears in opposition to the motion and that they did have the opportunity to meet with Mr. Kreun, Mr. Potter and Mr. Swanson approximately a week ago and that this request deals with a proposed replat of Lot 2, Block 1, Young's Addition which is a small division about a mile or two south of Grand Forks on Highway 81, that Mr. LeClerc resides in a home located there and also operates an RV park in the summertime.

Mr. Shaft addressed the common procedure being used on replats of this nature in the planning department, and used examples of plats that are either pending or have been recently approved, Wheatland's Acres 2nd Subdivision which is off County Road 6, and Useldinger's First Addition, where the property owners used acreage where the right of way and dedicated streets are used for gross acreage but a lesser amount is allowed for the net on the lot and that this is a significant deviation from what is provided under 18-0207 (6) because they were able to utilize right of way and dedicated roadways in the calculation; that there is a memorandum from Mr. Potter in their packets indicating that is the procedure that they use. He stated in the LeClerc property there is one difference - that Mr. LeClerc does not own the land up to the middle of old U.S. 81 or South Washington Street, but from a practical standpoint there is no difference - that on the other two plats up to the center of the county road that land cannot be utilized by the landowner because it is subject to a highway right of way and very similar to Mr. LeClerc's situation in that the roadway that was dedicated to the public years ago before Mr. LeClerc was involved in the property can't be used for anything other than highway purposes. He stated the difference is that the land in this instance via the planning department is not able to be used in the gross calculation to arrive at acreage. He stated they would like to ask the council to consider and it's what the Planning Commission considered in approving the replat is that the practical result of each situation is exactly the same.

Mr. Shaft stated because of Section 18-0207(6), they can't put more than one dwelling unit on that property; that is a requirement and is important because that section and its predecessor which had a 5 acre limitation, were put into effect in extraterritorial jurisdiction essentially to 1) facilitate the orderly planning and platting of property outside the city's jurisdiction but more importantly, 2) to speak to density issues, that the city was trying to avoid (small clusters of homes outside of town that violated their density concerns). He stated that if they do subdivide you can't go below 2.5 acres or a 15% variation He stated they didn't know from the minutes of the Planning Commission what methodology they used in allowing the variance, thinks some of it was hardship because Mr. LeClerc indicted that he wasn't able to acquire additional property, that if this council was to defeat this motion and allow the replat, would have no different result than any of the other plats that we have in existence in the extraterritorial jurisdiction where they have used the variance and gone below the variance of 2.25 into 1.7, 1.8, 1.9 and results the same even if you disregard the Highway 81 issue and the ownership of that land.