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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 20, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 20, 2007 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim (teleconference), Gershman, Christensen, Bakken, 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 commented on various events during the past week and upcoming events:

Congratulations to 4 area wrestlers who were State champions this weekend, 2 from Red River High School and 2 from Central High School, and to all the competitors.

Thanked Senator Conrad for bringing good news, that first along with Ag. Commissioner Roger Johnson that Marketplace is returning to Grand Forks and the Alerus Center; and on the Air Base front, that we are proceeding with the transition to the unmanned aerial systems mission and that is going on as planned and we are also in a strong position to be involved with the next generation of tankers, the KCX.

Congratulations to the Events Center Commission for the good news reported to us last night with the Alerus making money last year on top of the millions of dollars in economic impact to the community.

Reminded council members to turn off microphones when not speaking as it will help with the sound to the viewers at home and show respect for those here.

ADOPT ORDINANCE NO. 4166, AMENDING ARTICLE 9 OF
CHAPTER II RE. ISSUANCE OF RESERVE REVENUE BONDS
TO FINANCE ADDITIONS AND IMPROVEMENTS TO
MUNICIPAL UTILITIES

An ordinance entitled "An ordinance amending Sections 2-0901 of Article 9 of Chapter II of the Grand Forks City Code relating to the issuance of reserve revenue bonds to finance additions and improvements to the municipal water, sewer, storm sewer and sanitation utility", which had been introduced and passed on its first reading on February 5, 2007, was presented and read for consideration on second reading and final passage.

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

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4167,

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 Lincoln Park Golf Course Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on January 16, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of the Grand Forks Park District and the City of Grand Forks, ND for final approval of the plat of Lincoln Park Golf Course Resubdivsion to the city of Grand Forks, ND (located between 1300 and 2300 Belmont Road), with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy, and to give final approval to the ordinance amending the Street and Highway Plan.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4169 REPEALING AND RE-ENACTING
SECTIONS 18-0206 AND 18-0207 RELATING TO A-1 AND A-2
DISTRICTS AND AMENDING SECTIONS 18-0903, 18-0906, 18-0907
AND 18-9098 RELATING TO SUBDIVISION PLATS, PROCEDURES,
CONTENTS, AND REQUIRED IMPROVEMENTS

An ordinance entitled "An ordinance to amend the text of the Land Development code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Section 18-0206 A-1 (Limited Development) District and Section 18-0207 A-2 (Agricultural Reserve) District", which had been introduced and passed on its first reading on January 16, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

An ordinance entitled "An ordinance to amend the text of the Land Development code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 9, Subdivision Regulations", which had been introduced and passed on its first reading on January 16, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy city auditor reported that the required legal notices had been published calling for public hearings to be held this evening and further that to date no protests or grievances had been filed with her office.

Howard Swanson, city attorney, reported that these two matters came earlier as separate ordinances and they have been acted upon by the Planning and Zoning Commission and their final approval as one ordinance and in that regard would recommend that the council pass a procedural motion tonight to consider these two items together for debate, discussion and action. It was so moved by Council Member Gershman and seconded by Council Member McNamara. Carried 7 votes affirmative.
The following ordinance was presented for debate, discussion and action, "An ordinance repealing and re-enacting Section 18-206 and repealing Section 180-207 of the Grand Forks City Code relating to A-1 and A-2 Districts and amending Section 18-0903, 18-0906, 18-0907 and 18-0908 of the Grand Forks City Code relating to subdivision plats, procedures, contents, and required improvements".

The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND for final approval of an ordinance repealing and re-enacting Section 18-0206 and repealing Section 18-0207 of the Grand Forks City Code relating to A-1 and A-2 District and amending Sections 18-0903, 18-0906, 18-0907 and 18-0908 of the Grand Forks City Code relating to subdivision plats, procedures and content, with recommendation to grant final approval.

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

Mayor Brown opened the public hearing.

Beau Bateman, 3500 32nd Avenue South, asked if the council was going to offer an amendment change to permit clustering on 160 acre or a quarter section. Council Member Christensen stated they were not going to present an amendment to the ordinance because at a meeting last Thursday with five Planning and Zoning persons could not come to a consensus as to how it should work, that they are mindful of his comments and mindful of objectives and what considering doing this evening if have sufficient votes is to pass this ordinance and have a one-year review period to see what adverse effects this could have, if any. He stated after the one-year review and if have to make amendments, would do it then. He also stated after review have staff and those affected by this, give recommendations, and if have situations which would require a variance, have the ability at any time to make those adjustments because there are two appeal processes in this ordinance - appeal from the Planning and Zoning to council, appeal from the city planner to Planning and Zoning or directly to council.

Mr. Bateman stated the issue they discussed was to permit rural people to be able to control their zoning within the restrictions being imposed, and wanted to see it in writing so they wouldn't have to rely on the motion of the council at that moment depending on who was submitting the plat. Council Member Christensen stated that as things transpired in the County from Township level up, this council was left with very little choice but to extend the jurisdiction from two miles to four miles, and did that when they saw that the County was about to deal with its zoning rules and they were going to eliminate the possibility of siting a landfill except within the two-mile jurisdiction; and that we were left with little choice but to try to protect our zoning jurisdiction so that in the unfortunate event that we were to lose litigation and we decided it was in the best interest of our citizens and the people in the region to site a regional landfill within the four miles, had to have that opportunity, and that is why they extended the jurisdiction four miles, and that we have been very mindful of how we impact those in A-1 and in A-2, and careful in trying to deal with the A-2 area, and would leave unaffected those that have property in the A-1 area, and are very concerned about the use restrictions that would be imposed upon the A-1 and A-2 and thinks the rural community was very well represented by Mr. Matejcek and that he caused many changes during this process to be implemented in the use restrictions. He stated we don't have a working idea of how it will work when we have individuals who want to build a home or two in 160 acres is the spacing.

Brad Gengler, city planner, stated that the subcommittee looked at the request to take the 160 acre parcel and look at how to develop a cluster style option similar to the other reference that we have in the Code today for the 320 acre; however, the committee could not reach a consensus as to size of the lots, whether half acre, two acres, 2.5 acres, etc. Mr. Christensen stated that the consultant sketched out the spacing of building dwelling unit on a 40 acre tract or what could be developed on a 160 acres.

Mr. Gengler stated part of the discussion is the fact that if take 160 acres and indicate the density is not to exceed one dwelling unit per 40, and when get into the cluster option with the 160 acres, then have to go back to the drawing board and figure out where the best location is for all parties; there are numerous examples of how best to design that and that has yet to be contemplated in the ordinance and was just recently at the past few meetings where they picked up the discussion at a few requests, and if the ordinance is passed today as recommended without reference to this, that is not to say that we can't or won't continue on within this 12month period to come to terms with that, that at the Thursday morning meeting they could not reach a consensus even to the extent of allowed in the A-2 or in the A-1 or a combination and not enough time to come up with prudent solution..

Council Member Christensen reported that in an e-mail from Mr. Bateman gave him a solution to the perceived problem, is that during the 12-month period as these things come forward, know that we have one dwelling per 40-acres and have the cluster issue as raised, and if someone came in with 37 acres, would that preclude them - knows they are looking for a 10% variance, but generally the citizen prevails if their requests are reasonable, that they couldn't figure it out last Thursday and the moratorium is expiring and should get some rules in place so that the people that want to develop their land in the A-1 and A-2 know what the rules are, and this is the only issue unresolved so when people want to build a house or two will have to listen to on a case by case basis until we see if created more problems or some problems that can be easily solved in an amendment to the ordinance.

Council Member Gershman stated he doesn't think the administration and council want to leave the impression that the only reason we did the 4-mile jurisdiction was the landfill, there were issues of developments around the airport that we wanted to get a handle on because that has caused problems all over the country, and the other thing is orderly development of housing developments, trying to keep them closer to the city to have an orderly growth to save money with infrastructure; that there were a myriad of reasons and not to think that the landfill was the only reason that this happened.

Council Member Christensen stated that we have had problems with corridors and these use restrictions will eliminate future problems with development on our corridors, specifically 32nd Avenue South, Columbia Road, South Washington and on 17th Avenue South.

Council Member Kreun stated they are not talking about existing people being injured, but is the new development that takes place and that is why this one-year time frame will work out well to see if there are actual cases that will come forward and will need to be looked at, and this is to review it in one year as we are not going to be able to take every scenario and develop this ordinance for it, will have to be a work in progress for a period of time and that is why a review after one year will work out quite well, because if look at 32nd Avenue subdivisions, will be very complicated at some point because have the large lots, septic system, protests of annexation if don't have the organized zoning process and that is what trying to eliminate closer to the city and being able to control that. He stated that they aren't going to be annexed into the city any quicker than normal development, the County will still take care of the taxes, Township still in charge of the roads and only the building aspect of it that they have to build according to the new development and not as drastic as people thought it would be, and to give it that one year and to revisit it is a good compromise.

Council Member Bakken stated that this is part of a long range planning process, but someday the outlying developments will grow and become part of the city, this is part of planning stage and want to get set up in such a way that infrastructure works in, and to look at things over the next year.

Council Member Gershman stated that what the council did last year for the moratorium, that we made a mistake in forcing moratorium and didn't know that Olson had their plat in hand, and reasons why they revisited that issue, that they have a major investment but we revised that and brought it back tonight and they will be able to go forward with their development.

Mr. Bateman stated they can simplify this a little more as all they were looking for is that the intent of A-1 and A-2 is to preserve agricultural land and will accept that as an intent and is it not more preservative of agricultural property to cluster the four homes in one area, because now the law forbids that, and if want to put 4 homes on a quarter section and like to occupy the least amount of property that you can and still have a legal lot, you would have to put them in the center of the quarter, and no one is going to do that, and the suggestion they had at the meeting was to cluster them in a corner so they are along township roads and preserves the most land and that was the simple intent of this, and sounds like not going to pass that. Council Member Christensen stated he felt that was a good idea and not to think they don't have support with that idea but couldn't see how it fit in, and impact on Code because of spacing, corridor spacing, entrances onto and off highways, want to know how it works first.

Mr. Gengler stated those were some of the items they could not come to an agreeable solution was whether it was going to be in A-1 and A-2, or whether half acre lot vs. 2.5 acre lot, whether clustered, and is still being actively looked at but not enough time to prepare something to get in Code.

Council Member Glassheim asked if they would have to wait one year or if something that could be worked on sooner in trying to reach some general agreement, or would it be a potential conditional use as it stands now; and asked if Planning and Zoning subcommittee could spend more time in next couple months and not have to wait a year.

Mr. Gengler asked for matter of opinions of council, a mater of policy or procedure and if establish reference to a 12-month period is that something that is codified or through resolution or something that doesn't tie the ordinance to the timeframe. Mr. Swanson stated he is hearing an intent and doesn't see a resolution in that regard nor tied to the ordinance, and if not amend the ordinance to include it, don't put it in here with a requirement. Mr. Christiansen stated when they move to pass it and also move to have a resolution to have this reviewed within a year and that we have expressed our intent, deadline is one year but within is sooner if possible. Mr. Swanson suggested making it as part of the motion.

Mr. Bateman stated he suggested to reduce the amount of variances that council would have to consider, and that is their intent, and that his land is within the A-2, and in the paperwork references there are numbers 40 acres and 160 acres, and Mr. Christensen's comment on the e-mail was that in the 4-mile ET there are only 10% of the entire quarter that qualify, the railroad takes some land, and quarter lines are not true, so 90% of the land does not qualify and intent which is to limit growth in the countryside to bring it more towards the city, and if intent is 4 homes per quarter, have achieved that with the 160-acre qualification because you have now on average in all the townships you took will only be able 11 homes on a section as opposed to your objective, which was 16, and have achieved that; and his suggestion to help you reduce the amount of variances they will face, instead of saying 160, 40 and 40, because as you understood you may have 3 perfectly straight 40 acre pieces and the fourth one will be 36 and will be asked to do a variance on every single one of those that comes across your desk, but if you consider language that calls instead of 160 acres, call it a quarter and 40 acres is a quarter of a quarter, and in terms of metes and bounds and descriptions, you will face less variances, and that this is something council could think about but would help with amount of variances that they will face.

Council Member Christensen stated that was great idea and that is probably some language we should use and very helpful to have people who are affected and have more of a passion for the issue giving us this feedback, and they will be bringing that suggestion on Thursday to the subcommittee and how they can use that language.

Mr. Bateman stated that when discussing the City's intent on going 4-miles, city council members said this was not because we need to site a landfill within 4 miles, and that they were not looking to restrict the number of homes but on the extension of zoning the moratorium by moving it ahead 24 days understand that situation these people are developing in their township and welcome that kind of development but the fact that you are moving a deadline ahead would have permitted more people to submit a plat, can produce a plat in less than 25 days, and some consternation when people read that and say a deadline is a deadline and they are moving a deadline, one thing to grant a variance to 3 lots but something else to move a deadline so not granting a variance; and is glad they are going to allow this construction to take place.

Council Member Christensen stated he was surprised that the Olson Subdivision moved forward through the Planning and Zoning Commission and everything was approved but then we disallowed it on first reading and stayed there and that they didn't want to cause harm, that they made that March 20 because that was the meeting and the fairest because then no one will know, but didn't know that their attorney was sitting with his plat in his briefcase and hadn't turned it in that evening, and both had preliminary approval, and were trying to help the people that were unintentionally affected, and there are 3 and are trying to do right by the entire group and those that were affected by a move that evening.

Duane Beauchamp, 6649 16th Street Southeast, and his comment is that in the past people who lived in that area with horses or large animals were allowed 5 animals per acre and new rule is 1, and that is rather restrictive compared to what used to, that to 5, 6 or 8 llamas on a 3 acre lot is not big deal and his request is that they would look at that and amend it or grandfather it in because when people buy 5 acres and want to have 6, 7 llamas and can handle that on 5 acres, and asked that they consider it.

Mayor Brown closed the public hearing.

Mr. Swanson reported that there are a number of corrections or changes that he is going to recommend that be incorporated by an amendment and rather than give details will walk through briefly: on page 115 of packet, dealing with commercial kennels, subsection L 1b, they talk about an animal being less than 30 lbs. and an animal being more than 30 lbs, and recommended that 30 lbs. or larger and incorporate that; on page 117, Table 18-0206(5), Area Setback 9, minimum shelterbelts and believes that Planning Department has received some recommendations from Soil Conservation recommending some changes deleting the perpendicular to right of way setbacks entirely and changing the parallel to roadway centerline instead of right of way from 150 ft. to 140 in all three and then adding a 200 ft. setback from main intersections measured from the paved roadway centerline; on page 118, his office is recommending that you delete any reference to a deed restriction and instead reference a written notice of zoning and subdivision regulation (what they are going to do as opposed to having a property restriction or deed restriction want to have and utilize the city's police power and give notice the same way that the deed restriction will do but if it comes to enforcement, will rely upon police powers as opposed to property right); on page 119, subdivision {c} hat reference is only recordable covenant and that should be expanded to include an agreement covenant or other document recordable form; on bottom of that page the whole section dealing with deed restriction, again will be substituting instead of a deed restriction a recordable written notice of zoning and subdivision regulations; on page 120 of packet in subsection 18-0903(2) again the same reference will delete deed restriction and place recorded notice; the same change appears on page 131 of packet, subsection 8, subtitled Recordable Deed Restriction, that will be referred to as recordable notice; on page 135 of packet, subsection g. there is a blank that was not filled in and an error, the last sentence should read "This provision shall not apply to properties that were subdivided before the 20th day of March, 2006, or where access management or access control has been established as part of a street reconstruction project." He stated that the March 20, 2006 follows the moratorium date
and he will be recommending later in the agenda to amend this later consistent with the other ordinance assuming that passes but want to keep them consecutive and in order. He stated the other change appears on page 140 of packet, Section 18-0908 (1)(A)3. and should be city auditor and instead of register of deeds should be Grand Forks County Recorder's Office; and last change is on page 144 of the packet, and that is the effective date of this ordinance, and that date should be March 20, 2007 so consistent with the action that occurred previously on the termination of the moratorium date. He stated those are recommendations his office has and has incorporated all except one or two from the Planning Department.

Mr. Gengler stated on page 120, Section 18-0903, Subdivision Plat, paragraph (1) that there should be some clarification, that staff suggested that where now reading A-1 or A-2 (agricultural reserve) district and proper language should read "A-1 (agricultural preservation) district and A-2 (agricultural urban reserve) district…" and only other change is that striking complete reference to a PUD so the sentence district and a PUD (planned unit development) district concept development plan need to be struck because no longer utilizing that as part of the provision.

Mr. Swanson stated if council so inclined would ask that a motion be made to amend the draft and incorporate changes recommended by the city attorney's office and planning department. It was so moved by Council Member Christensen and seconded by Council Member Glassheim. Carried 7 votes affirmative.

Council Member Brooks stated comments by Mr. Beauchamp re. animals and suggested adding that into the ordinance. Council Member Christensen stated that if Mr. Beauchamp came with a request to increase the number of animals, he would more than likely get a conditional use permit and would stay there until such time as he left.

Council Member Christensen moved final approval to the ordinance, as amended, and to include reference that the ordinance be reviewed within a period of one year. Council Member Kreun seconded the motion. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4170, AMENDING ZONING

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, for property located within the extraterritorial zoning jurisdiction", which had been introduced and passed on its first reading on January 16, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration and second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.

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

The staff report relating to request from the Planning Department on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the zoning map of the City of Grand Forks for property located within the extraterritorial zoning jurisdiction and to rezone and include within the A-1 and A-2 district property as depicted on the map entitled Grand Forks Extraterritorial Zoning Map dated February 7, 2007, which map is attached to the ordinance and incorporated therein, with recommendation to grant final approval of the request and of the ordinance.

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

Howard Swanson, city attorney, reported the action council is taking on this ordinance is to formally acknowledge the new zone designations and this ordinance should be effective March 20, 2007, and need to amend it. It was so moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE CANAD INNS MARKETING PLAN

The staff report from the city administrator relating to Canad Inns Market Plan, with recommendation to approve Canad's Marketing Plan.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

INTRODUCE ORDINANCE REPEALING SUBSECTION (7)
OF SECTION 9-0503 OF THE GRAND FORKS CITY CODE
RELATING TO PENALTIES FOR SPECIFIED OFFENSE
(LOUD PARTY)

The staff report from Pete Haga, mayor's office, relating to noisy party ordinance, with recommendation to approve public service/safety committee recommendation to amend noisy party ordinance penalty, 9-0503(7), to remove the minimum mandatory sentence from penalty and further study the level of penalties/fines for noisy party and alcohol-related offenses.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kreun introduced an ordinance entitled "An ordinance repealing subsection (7) of Section 9-0503 of the Grand Forks City Code relating to penalties for specified offenses, (loud party)", which was presented, read and passed on its first reading.

APPROVE ABATEMENT OF 2006 TAXES ON PROPERTY
AT 3019 CLOVER DRIVE

The Staff report from the city assessor relating to application for abatement for 2006 taxes by Neal and Joan Camburn, 3019 Clover Drive,, with recommendation to recommend to Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Kreun and seconded by Council Member Bakken 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE 3-YEAR EXEMPTION OF REMODELING
IMPROVEMENTS TO COMMERCIAL/RESIDENTIAL
PROPERTIES AT VARIOUS LOCATIONS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings as follows: 1110 South 18th Street, 730 Oak Street; with recommendation to grant exemptions of increased value for 3 years.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE PLEDGED COLLATERAL REPORT

The staff report from the finance department relating to approval of pledged collateral report as of December 31, 2006, with recommendation to approve the report.

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

INTRODUCE ORDINANCE RELATING TO CLASS 9
BOWLING CENTER ALCOHOLIC BEVERAGE LICENSE

The staff report from Council Member Kreun relating to ordinance Section 21-0205 relating to Class 9 Bowling Center Alcoholic Beverage license, with recommendation to introduce ordinance amending Section 21-0205 of the Grand Forks City Code relating to Class 9 Bowling Center alcoholic beverage license.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Kreun and seconded by Council Member Bakken. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

Council Member Kreun introduced an ordinance entitled "An ordinance amending Sections 21-0205 of the Grand Forks City Code relating to Class 9 Bowling Center alcoholic beverage license", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENT

The staff report from the finance department relating to budget amendment to use GF Loan & Stabilization Funds for police impound lot upgrade in the amount of $100,000, with recommendation to approve the budget amendments.

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

AWARD BIDS FOR PROJECT NO. 6075.1, 2007 FLOOD
FIGHT AND FLOOD DEBRIS CLEANUP

The staff report from the engineering department relating to consideration of bids for Project No. 6075.1, Labor, Equipment & Misc. Items for 2007 Flood Fight and Flood Debris Cleanup, with recommendation to award contract to the low bidder, Gowan Construction, Inc. in the amount of $208,165.00, actual effort to be determined by the engineering department.

It was moved by Council member Kreun and seconded by Council Member Bakken that this recommendation be approved, and the contract awarded to Gowan Construction, Inc. with actual effort to be determined by the engineering department. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

AWARD BIDS FOR PROJECT NO. 6112, POLICE BUILDING
SECOND FLOOR OFFICES AND COURT ROOM REMODEL

The staff report from the inspections division relating to consideration of bids for Project No. 6112, Police Station 2nd Floor Office and Court Room Remodel, with recommendation to award contract to low bidder, Paul Davis Restoration and Remodeling, for the bid of $71,141.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved and the contract awarded to Paul Davis Restoration and Remodeling. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

ACCEPT BIDS FOR PROJECT NO. 5877, 24TH AVENUE
AND COLUMBIA ROAD VALVE REPLACEMENT PROJECT
The staff report from the engineering department relating to bids for Project No. 5877, 24th Avenue and Columbia Road Valve Replacement Project, with recommendation to award contract to low bidder, Ellingson Companies, in the amount of $41.820.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

ACCEPT FLEET VEHICLE BIDS FOR PUBLIC WORKS,
HEALTH, ENGINEERING AND INSPECTIONS DEPARTMENTS

The staff report from the director of public works relating to Public works/Health/Engineering/Inspections Departments fleet vehicle bids, with recommendation to approve bids for Public Works, Health, Engineering and Inspections Departments fleet vehicle bids from Lithia Ford and Rydell Chevrolet as follows: Street Department: 2 WD, 3/4 ton pickup at $17,373.00 and 4WD 1/2 ton pickup at $17,548.00; Water Department: 4 WD, 1/2 ton pickup at $20,409.00; Public Transit Department: 4 WD 3/4 ton ext. cab pickup at $22,999.00; Health Department (2) and Inspections (1) midsize cars at $37,237.00; Engineering Department: 2 WD 1/2 ton pickup at $14,199.00 and 2 WD 1/2 ton ext. cab pickup at $16,599.00; and Inspections Department: 2 WD compact pickup at $10,794.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE 2007 SPECIAL EVENTS PROGRAM

The Special Events Committee reconvened on February 7 to reconsider the subject item that the city council tabled on February 5, 2007; and revised its original recommendations by allocating $3,000 to the Potato Bowl and reducing $300 each from the ten highest-funded applicants, except for the Curling Club because its funds will be matched by the State. Total recommended amount $103,400.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

ACCEPT PETITION TO VACATE PARTS OF PARK
AVENUE AND NORTH 1ST STREET IN RIVERSIDE
PARK ADDITION

The staff report from the Planning and Zoning Commission relating to petition from the City of Grand Forks, ND for approval to vacate parts of Park Avenue and North 1st Street lying north and east of Lots 9 through 15, Block 16 in Riverside Park Addition to the city of Grand Forks, ND (located at Park Avenue between North 3rd Street and Lewis Boulevard), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.

It was moved by Council Member Kreun and seconded by Council Member Bakken 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, that a notice of public hearing be published as required, with the public hearing set for Monday, April 2, 2007. Carried 7 votes affirmative.

APPROVE FINAL PLAT OF CENTRAL PARK RESUBDIVISION