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Council Minutes

23
April 18, 2005

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 18, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 18, 2005 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 commented on various events during the past week and upcoming events:

Christen Anderson and Christina Sambor, UND Student Government, reported they held The Big Event this past weekend and was a success, happy with turnout and projects accomplished, that over 450 people came out Saturday morning and did 40 different job sites over the community.

Judy Milavetz, Learning Fair Coordinator and Dawnita Nilles, president of Northeast North Dakota Assn. for Education of Young Children, presented information relative to 14th Annual Hands-On Learning Fair that will take place at the Purpur Arena on Saturday, April 23, 2005 from 10:00 a.m. to 1:00 p.m., that this is a free community celebration to mark April as the Month of the Young Child and Child Abuse Prevention Month, and presented short video re. activities.

He stated this weekend is Cub Scouts Pine Box Derby.

PRESENTATION OF AWARD

Mayor Brown recognized Cary Foy, fire department, who is retiring after 36 years with the city fire department, presentation will be made next week.

HOLD PUBLIC HEARING ON 2004 CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER)
AND SEND REPORT TO DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT

The 2004 Consolidated Annual Performance Evaluation Report (CAPER), which evaluated activities undertaken in 2005, including the use of Community Development Block Grant (CDBG) funds, that notices had been published in the newspaper indicating the availability of the report and requesting written public comments, with public hearing to be held this evening, making the written annual performance report and five-year consolidated plan available to the public upon request, and that after comments are reviewed the report will be forwarded to the Department of Housing and Urban Development.

The staff report from the Office of Urban Development relating to the matter of holding public hearing on 2004 Consolidated Annual Performance Evaluation Report (CAPER), with recommendation to hold public hearing.

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

It was moved by Council Member Christensen and seconded by Council Member Kreun to approve report and send the report, including comments, to the Department of Housing and Urban Development. Carried 6 votes affirmative.

ADOPT ORDINANCE NO. 4049, ANNEXING JOHNSON'S
WEST FIRST ADDITION TO THE CITY

An ordinance entitled "An ordinance to annex all those lands known as Johnson's West First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 21, 2005, was presented and read for consideration on second reading and final passage.

The deputy 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 opened the public hearing, there were no comments and the public hearing was closed.

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.

TABLE FINAL CONSIDERATION OF PLAT AND SECOND
READING OF ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN INDEFINITELY

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 Vern's Southern Estates First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 21, 2005, was presented and read for consideration on second reading.

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd on behalf of Vernon and Judith Gornowicz for final approval of Vern's Southern Estates First Addition (located in the 1900 block of 47th Avenue South), with recommendation to table indefinitely final consideration of the plat and Street and Highway ordinance.

It was moved by Council Member Kerian and seconded by Council Member Christensen that the recommendation be approved and the matter tabled indefinitely. Carried 6 votes affirmative.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE
NO. 4050, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
REPLAT OF YOUNG RESUBDIVISION

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 Young Resubdivision, more particularly to include the south 123 feet of the 30-foot access road, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 21, 2005, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date no written protests had been received on this matter.

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

The staff report from the Planning and Zoning Commission relating to request from Warren and Colette LeClerc for final approval of the Young Resubdivision, being a replat of Lot 2, Block 1, Young Subdivision, including a platted strip of land 30 feet by 306 feet lying between the west right of way line of County Highway 81 and the east line of said Block 1, previously designated as an access road and including an unplatted strip of land 123 feet by 508 feet lying south of and adjacent to said Block 1 and south of and adjacent to the previously described 30-foot wide access road (located at 7274 South Washington Street), with recommendation to give final approval of the plat, subject to conditions shown on or attached to the review copy, including final approval of an ordinance amending the street and Highway Plan.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. 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.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
4051, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF JOHNSON'S WEST FIRST ADDITION

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 Johnson's West First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 21, 2005, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date no written protests had been received on this matter.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Crary Development for final approval of the plat of Johnson's West First Addition to the city of Grand Forks, North Dakota, being a part of the Southeast Quarter of Section 18, Township 151 North, Range 50 West of the 5th Principal Meridian (lying north of and adjacent to 32nd Avenue South), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, including final approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. 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.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL AND
RESIDENTIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings as follows: 1322 12th Avenue South, 1124 Chestnut Street, 206 North 12th Street, 1509 Cottonwood Street, 2316 Chestnut Street, 402 Campbell Drive, 601 Park Drive, 1425 Cottonwood Street, 1109 29th Avenue South, 801 North 3rd Street, 307 North 50h Street, 2009 10th Avenue North, 511 27th Avenue South, and 803 South 23rd Street; with recommendation to grant exemptions of increased value for 3 years.

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

RETURN ITEMS TO STAFF

Items relating to creating special assessment district for Project No. 5772, District No. 435, sanitary sewer for Desiree Drive, and for Project No. 5773, District No. 285, watermain for Desiree Drive, were returned to staff.

RECEIVE TABLUTATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PROJECT NOS, 5776, 5777,
5778 AND 5779

The deputy city auditor presented and read tabulation of bids which had been received and opened on March 28, 2005 for Project No. 5776, Sanitary Sewer District No. 436, Project No. 5777, Watermain District No. 284; Project No. 5778, Storm Sewer District No. 437; and Project No. 5779, Paving District No. 612; utilities and paving for Southbrook Phase 3, indicating that Strata Corporation was the low bidder based upon their bids totaling $66,588.30, $64,674.80, $56,641.40, and $259,970.50, respectively for a total bid of $447,875.00

The city engineer's estimates of total cost on Sewer Project No. 5776 District No. 436; Watermain Project No. 5777, District No. 284; Storm Sewer Project No. 5778, District No. 437; and Paving Project No. 5779, District No. 612 in the amounts of $84,570.00, $82,140.00, $71,940.00 and $330,170.00, respectively, were presented and read.

The staff report from the engineering department relating to bids for Project Nos. 5776, 5777,5778 and 5779, utilities and paving for Southbrook Phase 3, with recommendation to award contract to low bidder, Strata Corporation in the amounts of $66,588.30, $64,674.890, $56,641.40 and $259,970.50, respectively, for a total bid of $447,875.00.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8678 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that the resolution awarding the contract for Sewer Project No. 5776, Watermain Project No. 5777, Sewer Project No. 5778 and Paving Project No. 5779 to Strata Corporation be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

(Note: A public hearing to determine sufficiency/insufficiency of protest for Paving Project No. 5779, District No. 612, will be held on May 2, 2005; and contract for the projects will be sent to the contractor at that time.)

AWARD CONTRACT FOR PROJECTS NOS. 5747, 2005
WATERMAIN REPLACEMENT AND PROJECT NO. 5726,
AIRPORT BOOSTER STATION WATERMAIN BYPASS

The staff report from the engineering department relating to consideration of bids for Project No. 5747, 2005 Watermain Replacement and Project No. 5726, Airport Booster Station Bypass, with recommendation to award contract to low bidder, United Crane and Excavation, Inc. in the amounts $367,336.90 and $42,253.71, respectively, for a total bid of $409,590.61.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation awarding the contract to Strata Corporation in the total amount of $409,590.61, be approved and to return the bid of Molstad Excavating unopened as they did not include a copy of their contractor's license with the bid package. 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 and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 5740, 2005
CONCRETE STREET REPAIRS

The staff report from the engineering department relating to consideration of bids for construction of Project No. 5740, 2005 Concrete Street Repairs, with recommendation to award contract to low bidder, Opp Construction, in the amount of $197,257.00.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation awarding the contract to Opp Construction in the amount of $197,257.00, 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 and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 5741, 2005 ASPHALT
STREET REPAIRS AND PROJECT NO. 5757, 2005 BIKEPATH
MAINTENANCE AND CONSTRUCTION
The staff report from the engineering department relating to consideration of bids for Project No. 5741, 2005 Asphalt Street Repairs and Project No. 5757, 2005 Bikepath Maintenance and Construction, with recommendation to award contract to Aggregate Industries in the amounts of $24,819.00 and $14,050.00 respectively, for a total bid of $38,869.00.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation awarding the contract to Aggregate Industries in the amount of $38,869.00 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 and the contract awarded.

AWARD CONTRACT FOR PROJECTS NO. 5745, 2005
SANITARY SEWER REPAIRS; AND PROJECT NO.
5746, 2005 STORM SEWER REPAIRS

The staff report from the engineering department relating to consideration of bids for Project No. 5745, 2005 Sanitary Sewer Repairs and Project No. 5746, 2005 Storm Sewer Repairs, with recommendation to award contract to Molstad Excavating in the amount of $34,127.00 for Project No. 5745, 2005 Sanitary Sewer Repairs and Project No. 5746, 2005 Storm Sewer Repairs.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation awarding the contract to Molstad Excavating in the total amount of $34,127.00 be awarded. 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 and the contract awarded.

APPROVE FINAL CERTIFICATION OF INFRASTRUCTURE
CONNECTION FEES (TAPPING) FOR PROJECT NO. 4463

The staff report from the engineering department relating to revision to final certification of infrastructure connection fees (tapping) for Project No. 4463, Storm sewer on South 42nd Street (DeMers Avenue to 17th Avenue South), with recommendation to approve revisions to final certification of connection fees for Project No. 4463.

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

APPROVE ADVANCE FUNDING FLOOD PROTECTION
PROJECT 4704, PHASES 3 AND 4

The staff report from the engineering department relating to consideration to Advance Fund the Army Corps of Engineers for Phase 3 and Phase 4, Flood Protection Project No. 4704, with recommendation to authorize advance funding the Grand Forks Phase 3 project up to $5.5 million and the Phase 4 project up to $1.0 million.

It was moved by Council Member Kreun 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 NO. 29 FOR PROJECTS NOS.
4820, 4769.1 AND 5505

The staff report from the engineering department relating to Amendment No. 29 to Greater Forks Engineering Group for engineering Services, Project Nos. 4820, 4769.1 and 5505, with recommendation to approve Amendment No. 29 for engineering/surveying services relating to property and right of way acquisition/replatting (Project 4820), watermain modifications adjacent to the water treatment plant (Project No. 4769.1), and utility modifications at RDO Foods (Project 5505) necessary for the construction of the United States Army Corps of Engineers flood protection project for the City of Grand Forks. The total not to exceed amounts for Project No. 4820 is $126,023.04; $10,052.00 for Project No. 4769.1; and $71,894.70 for Project No. 5505; a total amount for this amendment is $207,969.74.

It was moved by Council Member Kreun 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 INCREASING RATES FOR WEED AND LONG
GRASS NUISANCE CUTTING ASSESSMENT

The staff report from the health department relating to increase in weed and long grass nuisance cutting assessment rates (Article 1, 10-0112), with recommendation to approve resolution increasing rates: Document No. 8679 - Resolution.

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

APPROVE PUBLIC WORKS SERVICES COORDINATOR
POSITIONAND JOB DESCRIPTION

The staff report from the director of public works relating to public works services coordinator position and job description, with recommendation to approve public works services coordinator position and job description.

Council Member Brooks stated without making a judgment on whether this position should be approved or not, that this is not the time to bring up new positions in the middle of a budget year and bringing it into the next budget process as an establish position or expense, and moved to table this position and consider it in the 2006 budget process. Council Member Hamerlik seconded the motion. Upon call for the question and upon voice vote, the motion failed, with Council Member Brooks voting for the motion.

Rick Duquette, administrative coordinator, stated he did not want to loose an opportunity to combine positions and to move this position forward as there is work to be done by this position and not waiting for several months to accomplish what they want to have happen at a savings, and asked council to move this forward

Council Member Kerian stated her concern is that we often find ourselves in budget cycles and city business does need to go on and what we do in this case is take away the responsibility that we give to our department heads to organize their departments efficiently, and moved approval of the recommendation. Council Member Kreun seconded the motion.

Council Member Kreun questioned the amount of savings, that we have reduced several positions and combined some of those positions and are looking to create this one position and still have a reduction in our total budget. Mr. Duquette stated they are seeing positions folded into this position with a net savings overall.

Council Member Brooks stated we should enter a thoughtfully planning budget process taken at the appropriate time which is during the 2006 budget, this is by finance and budget definition a new position, there are positions that have been eliminated but this is a new position and the fact that there is work to be done but there are ways of handling that through interim appointments, temporary personnel, etc. but the important thing is that we follow a good budget process, and also noted that a few of the council members have received phone calls about letters in the mail and the reaction is that they should not approve a new position when they say they are going to table it for the budget process, and prudent to listen to constituents and not approve a new position.

Council Member Christensen stated that this position is not funded with property tax dollars, the mill levy and increase in mills and increase in revenue generated by a mill has nothing to do with this position, this position is paid out of utility or enterprise funds, that we have 8 months of business to conduct before we get into our 2006 budget, and that we have some substantial issues to deal with regarding our enterprise funds and facilitate some of the discussions and what the future utility rates might be, prudent to add this position.

Upon call for the question and upon voice vote, the following voted "aye"; Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": Council Member Brooks. Mayor Brown declared the motion carried.

APPROVE BIDS FOR STREET DEPARTMENT EQUIPMENT

The staff report from the director of public works relating to street department tandem truck, truck box and hoist, street sweeper bids, with recommendation to approve the following bids: 1) tandem truck, $51,819.00 from Wallwork Truck Center; 2) truck box and hoist in the amount of $12,098.53 from Bert's Truck Equipment; and 3) street sweeper in the amount of $146,742.00 from Sanitation Products, with total expenditure $210,659.53.

It was moved by Council Member Kreun 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 ENGINEERING SERVICES
FOR PROJECT NO. 5838, WATER DISTRIBUTION SYSTEM
HYDRAULIC MODEL CALIBRATION AND REPORT

The staff report from the water utility superintendent relating to water distribution system hydraulic
model calibration and report, engineering services agreement for Project No. 5838, with recommendation
for approval of the engineering services agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for Water Distribution System Hydraulic Model Calibration and Report, with an hourly not to exceed contract amount of $100,000.

It was moved by Council Member Kreun 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 GRAND FORKS RENAISSANCE ZONE
PROJECT GF-12

The staff report from the Urban Development deputy director relating to Grand Forks Renaissance Zone Project GF-12, with recommendation to approve transferring Grand Forks Renaissance Zone Project GF-12 to Steele Sacks.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

AUTHORIZE ADDITIONAL FUNDS FROM FANNIE
MAE LOAN FOR CONSTRUCTION FINANCING IN THE
PROMENADE

The staff report from the Urban development deputy director relating to Fannie Mae loan, with recommendation to authorize an additional $500,000 from the city's Fannie Mae loan to be used for construction financing in The Promenade.

Council Member Kreun stated this is a cash flow dollar amount, they found a repayment schedule that is adequate and are going to have monthly financial updates brought to the council so they are aware of what is taking place, and they will be receiving update on the number of units sold, cost of the units and complete financial overview each month on this item, and moved to approve the recommendation. Council Member Christensen seconded the motion.

Council Member Glassheim asked how many units stand behind this loan; Council Member Kreun stated it is 10 now with expectation of building 5 more, and rotating cash balance at that time.

Council Member Brooks asked what the reason is for the additional $500,000, and if impacting our financial plan. Council Member Kreun stated to his knowledge it is not impacting our financial ability because this is a loan through Fannie Mae and that the City does back it, the reason for the additional monies is that we have to have housing stock in place to sell, that in the beginning you have your upfront costs and as the units are sold the money will be turned back, will need that amount of money to stay ahead and is not additional cost and is planned in our budget process - matter of cash flow and how quick we turn it over.

Upon call for the question 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 motion carried.

PRESENT DOCUMENTS RE. METROPOLITAN OPERA
HOUSE TO FINANCE/DEVELOPMENT STANDING
COMMITTEE FOR FINAL APPROVAL AND THAT QUARTERLY
PROGRESS REPORT BE GIVEN TO URBAN DEVELOPMENT

The staff report from the Urban Development director relating to the Metropolitan Opera House, with recommendation to approve the recommendation of the Finance and Development Committee and authorize staff to amend the loan agreement.

Council Member Christensen stated that last Friday they received information from Oriental Developers and a letter of commitment from a financial institution, that we should move forward so that the developer can continue his process of finalizing his application for the loan and to amend the loan documents because they are no longer going to be looking for a tenant and have to make some changes. He made a motion to move this forward so that our urban development director can meet with the city attorney to modify the documents and to have those documents presented to the finance/development standing committee for final approval and review so there is a finality to this. Council Member Kerian seconded the motion.

Council Member Brooks stated this is good plan for the building and need to get it on the tax rolls, and asked if they could get quarterly progress reports. Council Member Christensen stated he would add to the motion that a quarterly report go to the urban development director, so have it in the files, and that they are to be done by January 1, 2006. Council Member Kerian agreed to the change in the motion.

Lonnie Laffen agreed to that and asked if someone could send them a reminder, Mr. Hoover agreed.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE REFERRAL OF ANNEXATION RESOLUTION
TO COMMITTEE FOR MEDIATION AS PROVIDED IN NDCC

The matter of the resolution of annexation of part of SE Quarter of the SE Quarter of Section 18, Township 151 North, Range 50 West of the 5th Principal Meridian, the annexation of the Kindness Animal Hospital property and I-29 right of way easterly thereof, was presented to the city council for consideration.

It was moved by Council Member Kreun and seconded by Council Member Kerian that the matter of the resolution of annexation be referred to a committee for mediation as provided in NDCC 40-51.02-07.1. Carried 6 votes affirmative.

APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FPR VERIZON WIRELESS TO CONSTRUCT TOWER IN
3800 BLOCK OF DEMERS AVENUE

The staff report from the Planning and Zoning Commission relating to request from Jake Soper, Buell Consulting, on behalf of Verizon Wireless for approval of a conditional use permit to construct a wireless communication tower to be located in the Ray Richards Golf Course Addition to the city of Grand Forks, ND, located in the 3800 block of DeMers Avenue, with recommendation to give final approval of the conditional use permit, including an exemption from co-location requirements as provided in Section 18-310.1 (B).

Council Member Kreun stated he was appreciative of Verizon Wireless as they worked with the University and surrounding neighborhood and came up with an excellent plan to accommodate this, and moved the recommendation with a change to add a term of 20 years on that conditional use permit. Council Member Christensen seconded the motion.

Jake Soper, representing Verizon Wireless, St. Paul, MN stated Verizon wouldn't have an issue with putting a time limit on it, but prefer not, and requested if there is a time limit to 25 years as that would follow the term of the lease they are seeking with the University is 5 5-year terms.

Council Members Kreun and Christensen agreed to a term of 25 years.

Council Member Hamerlik stated that 20 or 25 doesn't make difference, but if others want to be the same, and should be comparable. Council Member Kreun stated that there are situations where did not have a term and seems to be on-going and have very little control over some of these when issues come up, and that 20 years was standard, and not a problem with 25 matching their lease.

Howard Swanson, city attorney, stated there is some suggested language and is not comfortable with that, as he understand the motion is to include a term of 25 years and so its clear that that is renewable upon application and approval upon expiration of the initial term, not automatically renewable upon application.

After further discussion and upon roll call vote, the following voted "aye": Council Members Christensen, Kerian, Kreun - 3; voting "nay": Council Members Brooks, Hamerlik, Glassheim - 3. Mayor Brown voted because of the tie vote, and voted for the motion which carried.

APPROVE CONDITIONAL USE PERMIT FOR MILLER &
HOLMES TO ALLOW ADVERTISING READER BOARDS
AT 419 NORTH 5TH STREET

The staff report from the Planning and Zoning relating to the request from Randy Gram on behalf of Miller and Holmes, Inc. for approval of an amendment to the existing conditional use permit for Lots 1 and 3, Block 5, Original Townsite to the city of Grand Forks, located at 419 North 5th Street for the purpose of allowing advertising reader boards on the M & H grocery and automobile service business, with recommendation for final approval of the request.

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

APPROVE REQUEST FOR FINAL APPROVAL OF RESOLUTION
AMENDING ACCESS CONTROL RESTRICTIONS TO DRIVEWAY
ON NORTH SIDE OF 62ND AVENUE SOUTH
The staff report from the Planning and Zoning Commission relating to the request from the Grand Forks Engineering Department for final approval of a resolution amending access control restrictions to recognize an existing driveway on the north side of 62nd Avenue South adjacent to Lots 1 and 2, Block 1, Oakwood Third Resubdivision, with recommendation to give final approval to the resolution. Document No. 8680 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that the city council give final approval to the resolution. Carried 6 votes affirmative.

TABLE REQUEST FOR PERIOD OF 45 DAYS AND DIRECT
CITY PLANNER ASK CONSULTANTS TO ACCELERATE
REVIEW OF CORRIDOR PLAN AND REPORT TO COUNCIL

The staff report from the Planning and Zoning Commission relating to the request from Steve Loegering on behalf of Real Presence Radio for approval of a conditional use permit to construct a radio broadcast tower to be located in Lot 1, Block 1, Real Presence Radio Addition to the city of Grand Forks, ND (located in the 6900 block of DeMers Avenue), with recommendation to give final approval of the conditional use permit.

Council Member Kreun stated there were several issues in question, one is conditional use permit with a term limit, and other question is that they are doing a land use study and this happens to fall in between the two corridors and questioned if it wouldn't make sense to delay this until that land use study is completed, and should be done in 60 to 90 days. Council Member Christensen stated they had a meeting last week and it was pointed out by Mr. Haugen that the consultant has been hired and would hope study done within the 60 to 90 days and agrees with Council Member Kreun, that this area is proposed residential and recognizing the issues we have had in this community on Highway 2 and 32nd Avenue it seems to be prudent to get the study and report and have it presented to us before placing the tower that is going to be in excess of 180 feet and would like to see this postponed until get our land use study.

Al Palmer, director of Flight Operations for the Odegard School, and Dana Siewert, director of Aviation Safety at the University of North Dakota were present; Mr. Palmer stated they were here to discuss their concerns about a tower being built in close proximity to the airport at the intersection of DeMers and 69th Street; the unlit tower is in the arrival and departure procedures for airplanes via visual flight rules, that towers unlit in daytime are very hard to see and at nighttime nearly impossible, that as long as students follow rules and regulations and don't make any errors, the tower would create minimal risk, however, Grand Forks International is the 9th busiest general aviation airport in the United States and it is due to heavy high density rotorcraft and airplane flight training, that they have a lot of students and sometimes those students make errors. He stated that they take a strong look at whether they would want to construct that tower so close to the airport, that now it is outside the 10,000 ft. arc and Steve Johnson, airport manager, has no say in that tower's construction, however, when they put up a new E/W runway it will be inside that 10,000 ft. arc and propose a possible hazard. Mr. Siewert stated that the University of North Dakota conducts a great deal of flight training, high density student training, and these are young inexperienced pilots and their feeling is that the construction of any type of tower that is considered an obstruction going upwards of 180 feet anywhere in the vicinity of the airport would not be a prudent safety thing to do.

Council Member Kreun stated that fits in with their study to see if these gentlemen's objections or concerns could be answered at the same time as doing the land use study and should delay it at least until the land use study is done.
Council Member Brooks stated that in terms of the land use plan, this gives us a chance to take a look and gives UND a chance to give more input and that this is a concern and maybe that will give them a chance to take a look at some other location.

Council Member Christensen stated this points out some of the issues facing us as a city when we want to work in cooperation with the University of North Dakota and comments will be taken under advisement, and wanted to remind council of the E/W runway that is going to be a reality and no sense to putting an obstruction to something we are hoping to accomplish when we get the other issues resolved. Mr. Palmer presented a letter to the city council.

Council Member Hamerlik stated that since the item relating to the request for preliminary approval of the plat of Real Presence Radio Addition located at DeMers Avenue and South 69th Street, including a variance from Section 18-0907(2)(L)2 of the Land Development Code relating to access onto minor arterials, has passed, that we may as well go ahead with the public hearing for May 16. Mr. Swanson stated that item is preliminary approval of a plat and that also has to go through a hearing process and if at that time wish to table it, you could, and the plat and actual zoning approval can be handled at the same time. He stated the council could reconsider but with preliminary approval have not jeopardized any particular route the council may wish to take.

Steve Loegering, Real Presence Radio, stated they are requesting the conditional use permit and that he wanted to express who they are and what they plan to do and reason why, that they did purchase the UND 1370 AM signal and it did not come with a tower as that tower was to be demolished May 31, and they have gotten a reprieve until January 1, 2006; however they need to get a tower built this summer as AM towers are much different than cell towers as need to put 4 miles of wire in the ground and cannot do that in frozen ground, so there is a time limit that they are working with, that they applied approx. a month ago to the FAA to get an opinion to see if the tower is an issue or not and that is forthcoming and that they are under 200 ft. because there is a standard throughout the nation that above that, tower would have to be lit, and asked that be considered and the runway is 10,000 feet outside that radius, which was checked, and even with an E/W runway has an aerial photo from the website that shows that even if the E/W runway was in, it still would be outside the 10,000 ft. radius, and asked that some of these regulations be considered as some of the decisions are already made and there is a standard there. He stated that they chose to go with the lower tower because they don't have to light it, have done FAA and have contacted Steve Johnson at the Airport and his position is neutral as not within his jurisdiction. He stated some of the work is to be done by volunteers and plan is for 1.5 to 2.5 months for construction; he stated re. location that FCC requires certain radium and since have night coverage have to cover 80% of the city license which is Grand Forks and only place they can put a tower is in that area; and the license at night which is their limiting factor has to be within a certain radius of Grand Forks proper.

Council Member Christensen asked why they were not looking at the southeastern part of the city rather than where proposing which causes the UND Aviation School some problems. Mr. Loegering stated small area where their tower can be located and when get closer to the Interstate the land values go up substantially and their being a 501C3 or non-profit and that this is the only radio station they have, cannot afford to look at that land, that land where they did approach is around $10,000/acre up and they need 7 acres and have contacted many people, and other condition they have is power and at this location there is power relatively close - that they would prefer to be along the Interstate since there is 3-phase power there but very expensive in that direction.

Council Member Christensen stated last week when contacted by this gentleman suggested that they contact EDC because they may have some land available in Industrial Park for sale.