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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 16, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 16, 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), Bakken, Kreun - 5; 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:
Our hearts go out to all the friends and families of the victims in Virginia, and our thoughts and prayers are with them.
We saw what a big part of the impact students are on the community with the 3rd Annual Big Event that took place this past weekend, over 905 students signed up to go out in the community and assist our citizens and organizations in cleanup, and thanked them.
Congratulations to Judy Millivitz and organizers of the 16th Annual Hands on Learning Fair that took place last Saturday, that over 3000 people attended.
Congratulations to Dieter Heitmann on his 70th birthday which was celebrated at All Seasons this past weekend, and appreciate his support to the business community and thanked him for helping to beautify our community.
This weekend is the Annual Wacipi on UND campus and the 38th Annual Wacipi and will be at the Hyslop Auditorium.
This week is the 10th Anniversary of the flood and reminded everyone of events - Thursday a luncheon program at the Alerus featuring Mayors Owens and Stauss and a ringing of bells at 4:00 o'clock to signify the start of the fire; on Friday, East Grand Forks will host a free barbeque on the boardwalk, Saturday a parade in East Grand Forks, Sunday, special celebration and flood protection project dedication ceremony at noon in Town Square featuring James Lee Witt and others; and Sunday a dinner starting at 3:30 p.m. and concert starting at 7:30 p.m.
Proclaimed today Ali Karpenko Day, and received word that Grand Forks was not the winner and pledge to stand by her and support her as we continue to help achieve this playground for our community.
He welcomed Boy Scout Troop 130 to our council meeting.

COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT

Council Member Kreun commented re. free meal and concert, and at this time we have $90,000 in pledges for the activities taking place over the weekend, and still coming in; and want to thank contractors, bankers, insurance companies and people who helped us out, and we appreciate that.

Mayor Brown reported that Don Shields was named a Fellow in Public Health today; and only 15% of people achieve that and congratulated him.

HOLD PUBLIC HEARING AND APPROVE PROPOSED
AMENDMENT TO 2007 CDBG ANNUAL ACTION PLAN

The staff report from the director of Urban Development relating to proposed Amendment #1 to the 2007 CDBG Annual Action Plan for the Shelter for the Homeless, with recommendation to review the proposed amendment to the 2007 CDBG Program, close the public comment period, hold a public hearing, and approve the proposal amendment at this evening's meeting.

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

It was moved by Council member Bakken and seconded by Council Member Kreun that this recommendation be approved, proposed amendment in the amount of $87,250.00 to complete the project plus provide a contingency for unforeseen conditions. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the amendment to the 2007 CDBG Annual Action Plan approved.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4181,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
AUDITOR'S RESUBDIVISION NO. 40

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. 40, Grand Forks, North Dakota", which had been introduced and passed on its first reading 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 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 Advanced Engineering on behalf of the City of Grand Forks, ND for final approval of the plat of Auditor's Resubdivision No. 40 (being a replat of Longmire and Voiss Resubdivision, Holts Resubdivision, Auditor's Resubdivision No. 19, and all unplatted parts of Government Lot 3, Section 22, Township 151 North, Range 50 West of the Fifth Principal Meridian) to the city of Grand Forks, ND, and located along Belmont road and Belmont Court. The request also included a variance to the Land Development Code, Article 9, Subdivision Regulations Section 18-0907 (4), Right of Way, paragraph (L)(1)( c) as it relates to Access Level 4 access controlled streets. The recommendation from Planning and Zoning was to give final approval to the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the street and Highway.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 4182,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT OF
ALL OF BLOCK 39 AND THE NORTHWEST HALF OF VACATED
EIGHTH AVENUE NORTH, McCORMACK'S 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 Replat of all of Block 39 and the northwest half of vacated Eighth Avenue North, McCormack's Addition", which had been introduced and passed on its first reading on March 19, 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 city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with his office.

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 the request from Advanced Engineering on behalf of the City of Grand Forks, ND for final approval of the Replat of all of Block 39 and the northwest half of vacated Eighth Avenue North, McCormack's Addition to the city of Grand Forks, ND, and located at 820 North Third Street, with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan

Brad Gengler, city planner, reported that staff needs to add a technical change, that there wasn't an existing established easement for the bikepath that bi-sects the entire plat, and staff will be initiating an easement that will cover that and have to add that for the record.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 4183,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
HIGHLAND POINT SECOND 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 Highland Point Second Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 19, 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 city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with his office.
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 the request from Tim Crary on behalf of Crary Development, Inc. for final approval of the plat of Highway Point Second resubdivision to the city of Grand Forks, ND (located at 36th Avenue South east of South 20th Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the street and Highway Plan and a variance from Section 18-0907(4) Right of Way, paragraph (L)(1)(b) pertaining to access to a Level 5 access controlled street.

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

TABLE SECOND READING OF ORDINANCE TO AMEND
STREET AND HIGHWAY PLAN TO INLCUDE PUBLIC R/W
SHOWN AS DEDICATED ON PLAT OF HOMESTEAD GROVE
THIRD 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 Homestead Grove Third Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 19, 2007, and upon which public hearing had been scheduled for this evening, was presented and read.

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

Mayor Brown opened the public hearing.

Council Member Kreun stated that he had been requested by the engineering firm that is representing this group to have this tabled because there have been some change in their process and moved to table the public hearing and second reading of the ordinance. Council Member Bakken seconded the motion to table. Carried 6 votes affirmative.

ADOPT ORDINANCE NO. 4184, AMENDING THE ZONING
MAP TO INCLUDE WITHIN SHADYRIDGE PUD (PLANNED
UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 2, PROPERTIES LOCATED IN VICINITY
OF ADAMS DRIVE AND SHADYRIDGE COURT

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Shadyridge PUD (Planned Use Development), Concept Development Plan, Amendment No. 1 and to include within the Shadyridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivision, Shadyridge Estates Sixth Addition, Greenwood Subdivision, unplatted portions of Section 26 and Shadyridge Seventh Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 19, 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 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 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 the request from Pribula Engineering on behalf of LaVonne Adams for final approval of an ordinance to amend the zoning map to exclude from the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivision, Shadyridge Estates Sixth Addition, Greenwood Subdivision, and unplatted portions of Section 26 and Shadyridge Seventh Addition (located in the vicinity of Adams Drive and Shadyridge Court), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.

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

ADOPT ORDINANCE NO. 4185, AMENDING ZONING MAP
TO INCLUDE WITHIN R-1 (SINGLE-FAMILY RESIDENCE)
DISTRICT ALL OF COUNTRYVIEW FOURTH RESUBDIVISION

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 Urban Reserve) District and to include within the R-1 (Single-Family Residence) District all of Countryview Fourth Resubdivision", which had been introduced and passed on its first reading on March 19, 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 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 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 the request from Tim Christian on behalf of Country Development, LLP for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Urban Reserve) District and to include within the R-1 (Single Family Residence) District, Countryview Fourth Resubdivision to the city of Grand Forks, ND (located on Christian Drive), with recommendation to give final approval to the ordinance.

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

ADOPT ORDINANCE NO. 4186, AMENDING ZONING MAP
TO INCLUDE WITHIN R-4 (MULTI-FAMILY RESIDENCE)
DISTRICT LOTS 23, 25, 27, 29 AND 31, BLOCK 43, McCORMACK'S
FIRST ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multi-Family Residence) District Lots 23, 25, 27, 29 and 31, Block 43, McCormack's First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 19, 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 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 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 the City of Grand Forks Planning Department for final approval of an ordinance to amend the zoning map to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple-Family Residence, High Density) District, Lots 23, 25, 27, 29 and 31, Block 43, McCormack's 1st Addition to the city of grand Forks, ND (located at 901, 905 and 909 North 3rd Street), with recommendation to give final approval of the ordinance.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 626 PROJECT NO. 6026

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 626, Project No. 6026, construction of paving on 39th Avenue South in Columbia Park 32nd Addition, had expired on April 16, 2007, and that he had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 9027 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest against Paving District No. 626, Project No. 6026, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 628, PROJECT NO. 6033

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 628, Project No. 6033, construction of paving on South 38th Street from the north property line of Lot 7, Block 1 of Columbia Park 27th Addition to the north property line of the Southend Drainway, had expired on April 16, 2007, and that he had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 9028 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest against Paving District No. 628, Project No. 6033, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

APPROVE ABATMENT OF 2005 AND 2006 TAXES ON
PROPERTY AT 707 22ND AVENUE SOUTH

The staff report from the city assessor relating to applications for abatement of 2005 and 2006 taxes by Leotta Anderson, 707 22nd Avenue South, with recommendation to the Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Bakken and seconded by Council Member Kreun 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, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL
AND COMMERCIAL BUILDINGS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings on the following properties: 620 North 20th Street, 1410 6th Avenue North, and 512 4th Avenue South; with recommendation to grant exemptions of increased value for 3 years.

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

APPROVE REQUEST OF DEVELOPER FOR CITY TO
SPREAD UNCERTIFIED SPECIAL ASSESSMENTS EVENLY
BETWEEN TWO PROPERTIES

The staff report from the finance department relating to request to divide uncertified special assessments on properties at 2423 Pembrooke Drive and 2445 Pembrooke Drive for Projects Nos. 4704.1, 4704.2, 5507, 5508, 5509, 5510 and 5511 by owner, Circle K Builders, Inc., with recommendation to approve the request to spread the uncertified special assessments evenly between the two properties because a twin home has been built on the lots and the current owner/developer is requesting the twin home to have an equal assessment balance.

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

ADOPT INITIAL RESOLUTION RELATING TO GENERAL
OBLIGATION PUBLIC BUILDING BONDS, SERIES 2007A;
DEDICATING PUBLIC BUILDING MILL LEVIES TO THE
PAYMENT THEREOF AND AUTHORIZING THE PUBLIC
SALE THEREOF

The staff report from the director of finance and administrative services relating to initial resolution authorizing the issue of GO Bonds payable from the public building fund for multi-department public safety building, with recommendation to approve the initial resolution.

Council Member Bakken introduced the following resolution and moved its adoption: Document No. 9029 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kreun and upon vote being taken thereon, the following voted in favor: Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

APPROVE ISSUANCE OF CLASS 5 (HOTEL/MOTEL
ALCOHOLIC BEVERAGE LICENSE TO CANAD INNS,
GF, INC.

The staff report from the finance department relating to application for Class 5 (Hotel/Motel Alcoholic Beverage) license from Canad Inns GF, Inc. (Canad Inns Destination Center GF), 1000 South 42nd Street, Grand Forks, ND 58201, with recommendation to approve issuance of the license contingent upon the approval by the city attorney and the police department and sign off by appropriate departments.

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

APPROVE APPLICATION FOR CLASS 1 (GENERAL
ON/OFF SALE LIQUOR AND BEER) LICENSE FROM
BRAD BEAUCHAMP AT 308 DeMERS AVENUE

The staff report from the finance department relating to application for Class 1 (General On/Off Sale Liquor and Beer) license from Brad Beauchamp dba Lucky's Green Room, 308 DeMers Avenue, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.

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

APPROVE REQUESTS TO SERVE ALCOHOL IN
CONJUNCTION WITH OUTDOOR CAFÉ SEATING AT
124 NORTH 3RD STREET AND AT 420 DeMERS AVENUE

The staff report from the finance department relating to request from The Toasted Frog for authorization to serve alcohol in conjunction with outdoor café seating at 124 North 3rd Street, with recommendation to approve the request contingent upon review and approval by the city attorney.

The staff report from the finance department relating to request from Bonzer's on Fourth for authorization to serve alcohol in conjunction with outdoor café seating at 420 DeMers Avenue, with recommendation to approve the request contingent upon review and approval by the city attorney.

It was moved by Council Member Bakken and seconded by Council Member Kreun that these recommendations be approved. Carried 6 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
6026, DISTRICT NO. 626, AND PAVING PROJECT NO. 6033,
DISTRICT NO. 628

The city auditor presented and read tabulations of bids which had been received and opened on April 9, 2007 for Paving Project No. 6026, District No. 626, paving and street lighting for 39th Avenue South in Columbia Park 32nd Addition, and Project No. 6033, District No. 628, paving and street lighting on South 38th Street (north property line of Lot 7, Block 1 of Columbia Park 27th Addition to the Southend Drainway, indicating that Strata Corporation was the low bidder based upon their bid in the amounts of $195,028.35 and $467,995.55, respectively for a combined total bid of $663,023.90. Document No. 9030 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6026, District No. 626, in the amount of $248,000.00 and for Project No. 6033, District No. 628, in the amount of $439,100.00 (including deduction of City's share), were presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 6026, District No. 626, paving Columbia Park 32nd Addition, and Project No. 6033, District No. 628, paving South 38th Street (north property line of Lot 7, Block 1 of Columbia Park 27th Addition to the Southend Drainway), with recommendation to award contract to low bidder, Strata Corporation, in the total amount of $663,023.90.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved and the resolution awarding the contract to Strata Corporation was presented and read: Document No. 9031- Resolution. Upon roll call the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
6137, DISTRICT NO. 631

The staff report from the engineering department relating to creating special assessment district for Project No. 6137, District No. 631, paving and street lighting for Countryview 4th Resubdivision, with recommendation to create special assessment district, approve engineer's report, including estimate of cost, an assessment district map; and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9032 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 6137, District No. 631: Document No. 9033 - Report.

Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9034 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6137, District No. 631, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET IMPROVEMENT
PROJECT NO. 6133, DISTRICT 93
The staff report from the engineering department relating to creating special assessment district for Project No. 6133, District No. 93, street improvements (overlay Sunbeam Addition east of Belmont Road), with recommendation to create special assessment district, approve engineer's report, including estimate of cost, an assessment district map; and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9035 - Resolution.

The city auditor presented and read the engineer's report on Street Improvement Project No. 6133, District No. 93: Document No. 9036 - Report.

Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9037 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Improvement Project No. 6133, District No. 93, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared

APPROVE REQUEST FROM UNIVERSITY OF NORTH DAKOTA
TO DESIGN AND BUILD PROJECT NO. 6140, WATERMAIN

The staff report from the engineering department relating to Project No. 6140, watermain on North 36th Street for University of North Dakota's corn research site, with recommendation for authorization to proceed with request from University of North Dakota to design and bid Project No. 6140.

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

AWARD CONTRACT FOR PROJECT NO. 6070, TEMPORARY
TRAFFIC SIGNAL AT 11TH AVENUE SOUTH AND SOUTH
42ND STREET

The staff report from the engineering department relating to consideration of bids for Project No. 6070, temporary traffic signal at 11th Avenue South and South 42nd Street, with recommendation to award contract to low bidder, Fargo Electric Construction, in the amount of $69,350.00.

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

APPROVE EXEMPTION OF TRANSIENT MERCHANTS
LICENSING REQUIREMENTS AT ARTFEST

The staff report from the public information center relating to transient merchant license exemption for Grand Cities Art Fest event, with recommendation to approve that the 2007 Art Fest event vendors (food and artists) are exempt from purchasing transient merchant licenses.

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

ACCEPT BID FOR LAGOON REHABILITATION MATERIAL

The staff report from the director of public works relating to Public Works Department - Wastewater Division lagoon rehabilitation material bid, with recommendation to approve bid from Berger Enterprises, Inc. in the amount of $33,718.25.

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

REJECT BIDS FOR CENTRAL PARKING RAMP REPAIRS

The staff report from the urban development director relating to Central Parking Ramp repairs, with recommendation to reject all bids.

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

APPROVE LEASE WITH UNIVERSITY OF NORTH DAKOTA
FOR LAND TO ESTABLISH A MAIZE RESEARCH FIELD

The staff report from the Planning Department relating to request from the University of North Dakota for approval of an agreement to lease four acres of city-owned land located in the northwest corner of Auditor's Subdivision No. 28 for the purpose of establishing a maize research field, with recommendation approving the request from the University of North Dakota for approval of an agreement.

Council Member Kreun questioned entering into lease at this time as there are some outstanding bills with the University of North Dakota that are over a year old and should get that resolved before going into another lease agreement.

The city auditor stated that not all of the issues on bills have been resolved but a question came up last week that if there were any special assessments on this property and there are, that in discussion with Prof. Sheridan and Rick Tonder at UND they have no objection that the lease for this property includes the requirement to pay special assessment, that in talking with Howard Swanson, city attorney, that should be a part of approving this lease.

Dr. Sheridan, University of North Dakota, stated he had discussed with the city auditor and Rick Duquette the matter of the special assessments after having met with Mr. Rick Tonder, that Mr. Tonder was agreeable that the $1,377.00 per year be paid out of monies from the University, that he assured Mr. Tonder if they were not agreeable that he was agreeable to do so from his own personal resources and remains agreeable to that. The University has made a commitment to provide him with an experimental field which has been in existence for a long time, but have had difficulties in meeting that commitment, that this piece of land looks like it is well suited for the purpose, esp. because it is inside the city limits and available for service by utilities. There is no other piece of land available and that the farmer who owns the land was notified last fall that they wouldn't continue to use that land because unsuited because of flooding and drainage.

After further discussion Council Member Brooks moved approval of the recommendation; Council Member Christensen seconded the motion.

Howard Swanson, city attorney, stated that Mr. Kreun referred to the fact that the University has been unofficially protesting the utility surcharge for greenway and floodway maintenance, that last Friday he authorized a letter to the Attorney General's Office and has been told unofficially that the University has requested an attorney general's opinion as to whether or not that surcharge is exempt on University served property by virtue of a statute and a special assessment law, to provide the attorney general with more background he gave him the historical background, a copy of our ordinance and indicated to him that it was our position that the utility surcharge is 1) not a special assessment, 2) and is not for the construction of flood maintenance project and asserted our position that it is an appropriate charge against the University and for those property owners that are receiving water or utility service from the City, and anticipates there will be some decision by the Attorney General's Office at some point, may not fully answer all the questions but is a piece of information that is relevant to your discussion.

Council Member Christensen stated that they should wait no more than six weeks for an Attorney General's opinion for a status report, and then they will address this in the finance committee and discuss the issue as to what would be the appropriate charges for police and fire protection and other services the City renders if going to have these issues with a State sponsored entity; and moved the question. Council Member Brooks seconded the motion and upon voice vote, the motion carried 5 votes affirmative, Council Member Glassheim voted no.

Upon call for the question, including recommendation for the attorney to change language for paying of special assessments and upon roll call vote, the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen - 4; voting "nay": Council Members Bakken, Kreun - 2. Mayor Brown declared the motion carried.

APPROVE FINAL REPLAT OF LOTS 9, 10 AND 11,
BLOCK 3, ANDERSON'S SUBDIVISION EXTENSION OF
BLOCKS 1, 2 AND 3 TO THE CITY OF GRAND FORKS

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the City of Grand Forks, ND for final approval of the Replat of Lots 9, 10 and 11, Block 3, Anderson's Subdivision extension of Blocks 1, 2 and 3 to the city of Grand Forks, ND (located at 49th Avenue South and Rivers Edge Drive, with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy.

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

APPROVE FINAL REPLAT OF LOTS A - E, BAUKOL'S
SUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the City of Grand Forks, ND for final approval of the Replat of Lots A through E, Baukol's Subdivision to the city of Grand Forks, ND (located at Alpha Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL REPLAT OF PART OF LOTS 1, 2, 4, 5 AND
6 AND PART OF LOT 3, AND PART OF VACATED NORTH
SECOND STREET ADJ. THERETO, BLOCK 24 OF SUB-
DIVISION OF BLOCKS 16, 17 AND 24, GRAND FORKS
PROPER, GRAND FORKS COUNTY, DAKOTA TERRITORY,
NORTH DAKOTA

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the city of Grand Forks, ND for final approval of the replat of the northeast 110 feet of Lots 1, 2, 4, 5 and 6 and the northeast 105 feet of Lot 3 and the vacated 4 feet of North Second Street adjacent thereto, Block 24 of the subdivision of Blocks 16, 17 and 24, Grand Forks proper, Grand Forks County, Dakota Territory (located at DeMers Avenue and North 2nd Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE PARTS OF NORTH
SECOND STREET, 1ST AVENUE NORTH, RIVERBOAT ROAD
AND EASEMENTS BETWEEN BLOCK 24, TOWN OF GRAND
FORKS AND AUDITOR'S RESUBDIVISION NO. 13

The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks to vacate parts of North Second Street, 1st Avenue North, Riverboat Road and easements between Block 24, Town of Grand Forks and Auditor's Resubdivision No. 13, with recommendation to approve the request to vacate.

It was moved by Council Member Bakken and seconded by Council Member Kreun 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 that the public hearing be set for Monday, June 4, 2007. Carried 6 votes affirmative.

APPROVE FINAL PLAT OF SHADYRIDGE ESTATES
SEVENTH ADDITION

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Lavonne Adams for final approval of the plat of Shadyridge Estates Seventh Addition to the city of Grand Forks, ND (located at Adams Drive and Shadyridge Court), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX LANDS PLATTED
AS SHADYRIDGE ESTATES SEVENTH ADDITION, EXCEPT
PARTS PREVIOUSLY ANNEXED

The staff report from the Planning and Zoning Commission relating to petition from Lavonne Adams for approval of an ordinance to annex portions of Shadyridge Estates Seventh Addition to the city of Grand Forks, ND (located in the vicinity of Adams Drive and Shadyridge Court), with recommendation to give preliminary approval of the ordinance and set a public hearing date as required by law.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to annex all lands to be platted as Shadyridge Estates Seventh Addition to the city of Grand Forks, ND except parts previously annexed and lands with an effective annexation date of January 1, 2014 as detailed on the Shadyridge Estates and unplatted property annexation summary recorded as Document Number 525980 with the Grand Forks County Recorder. Newly annexed lands being described as the north 50 feet of Lot 1, Block 1, Shadyridge Estates Seventh Addition with the effective date of January 1, 2014 and shall run with he adjacent lands described in Document No. 525980", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF McDONALD'S ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Ulteig Engineers on behalf of McDonald's Corporation for final approval (fast track) of the plat of McDonald's Addition to the city of Grand Forks, ND (located at 4340 Gateway Drive, with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF MOLSTAD'S SECOND ADDN.

The staff report from the Planning and Zoning Commission relating to the request from Gary Molstad on behalf of North Dakota Concrete Products Company for preliminary approval of the plat of Molstad's Second Addition to the city of Grand Forks, ND (located at North 42nd Street and 16th Avenue North), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan, and set the public hearing date for May 21, 2007.

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

Council Member Bakken 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 Molstad's Second Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN R-1 (SINGLE-FAMILY RESIDENCE)
DISTRICT ALL OF AUDITOR'S RESUDIVISION NO. 40

The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks Planning Department for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the A-1 (Agricultural Preservation) District and to include within the R-1 (Single-Family Residence) District Auditor's Resubdivision No 40 to the city of Grand Forks, ND (located along Belmont Road and Belmont Court), with recommendation to give preliminary approval of the ordinance and set a public hearing for May 21, 2007.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Agricultural Preservation) District and to include within the R-1 (Single-Family Residence) District all of Auditor's Resubdivision No. 40 to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GATEWAY DRIVE ENTRY FEATURE

A memorandum from urban development relating to Gateway Drive entry feature stated that the city council had approved proceeding with the design and construction of a reconfigured "welcome to Grand Forks" entry feature on Gateway Drive, and that it has been stated by Ulteig Engineers that if the City wants to add flagpoles back to this NDDoT-funded project that a decision must be made this month in order to maintain the bidding and construction schedule.

Greg Hoover, director of urban development, reported that the memorandum does not have a stated recommendation to allow for flagpoles as part of the Gateway entry feature, and that no action then stays at the former decision with no flagpoles..

INFORMATIONAL ITEM

The Statement of Changes in Cash Balances as of March 31, 2007, was presented and read.

CITIZEN REQUEST

C.T. Marhula, 617 Plain Hills Drive, stated he would like to address several issues regarding the ethics code, that the ethics code allows for a council member to request a city attorney's opinion and from what he has reviewed Mr. Christensen did that and that Mr. Swanson found no violation that would prevent Mr. Christensen from voting on an upcoming event next Monday. Until recently the GFPA explained another version of early retirement, that he used to serve on the Grand Forks School Board, and they were told that they were mandated to vote, obviously they should look to Mr. Swanson for legal advise but reading his opinion and the code he finds that Mr. Christensen is able to vote and may be required to vote on the upcoming event and that he has a moral obligation to vote and would say that he has no opinion on which way he should vote next Monday.

Council Member Christensen stated he appreciates Mr. Marhula's opinion but that he has an issue called the attorney professional ethics code; the ethics code says he can vote, the lawyer code says if he were to vote against a client or client who had an individual interest in something, he would be in position adverse to a client which could give rise to a grievance being filed against him; that he doesn't feel that he has a legal obligation to vote if he chooses to recuse himself because he doesn't want to do something that would give the appearance of impropriety and that he is not going to vote and that he is not going to change his position.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 07-08, dated April 13, 2007 and totaling $1,869,024.55 and Estimate Summary dated April 16, 2007 in the amount of $494,119.73. were presented and read.

It was moved by Council Member Brooks and seconded by Council Member McNamara that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES APRIL 2 AND 9, 2007

Typewritten copies of the minutes of the city council held on April 2, 2007 and of the special city council meeting held on April 9, 2007, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Bakken that these minutes be approved as read. Carried 6 votes affirmative.
MAYOR AND COUNCIL COMMENTS

1) Council Member Christensen stated that if in six weeks they do not have something resolved with the University to please put it on their schedule.

He stated we are commemorating the anniversary of the flood and think how far we have come in 10 years and this is a big issue but think about the time and energy they spend on some of these issues for the last 18 months. The council changed from 14 to 7 members and had some transition issues there and this council came on and have had some change in the membership but one of the things that happened in this community is that have a bunch of like-minded individuals from all walks of life that continued what the council set in place and is proud to be part of this body, proud to be part of the recovery process and proud of the group and people how we put this together, so lets celebrate.

2) Council Member Bakken stated with the 10-year anniversary coming up there is one thing that the citizens and whole area need to remember is all the help we got from our city employees, knows we had employees whose houses were gone, families were out of town and working just about 24/7 and most of them are still here and as event proceeds, need to remember what our city employees did for this town and did it faithfully, month after month and hopes everyone remembers that.

3) Council Member Kreun stated to reiterate the $90,000 that has already been committed for this particular activity, there will be some ads with names of those people that contributed, they earned a great deal but contributed back to their community, so please take a look at the pictures and names of the individuals and companies that contributed.

4) Howard Swanson, city attorney, reported that late this afternoon Judge Medd issued a ruling on the landfill case and ruled in favor of Turtle River Township, that he has not had a chance to study the opinion in any degree other than quickly review it, it is likely that he will be asking the council along with Mr. Ron Fischer to meet in executive session sometime in the next week or two to evaluate the decision, discuss the implications of the opinion as well as discuss options. In the interim he stated it will be tempting to comment on the effect of the ruling, the ruling itself or discuss the issues, and would encourage them to refrain from that temptation and hold comments until such time as we have an opportunity to discuss the ruling and the implications.

Mayor Brown stated that it is also an opportunity for a good will offering for Browns Valley, MN who recently had a flood.
He welcomed back the 188th Field Artillery, National Guard unit, and one of our policemen, Lt. Mark Nelson is back safely.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member McNamara that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor