Print VersionStay Informed
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 21, 2008

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 21, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, 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 items during the past week and upcoming events:
This week they will be working on traffic signal timing on 32nd Avenue South, first installing equipment and later monitoring it and tweaking timing.
There is road construction along 28th Avenue South and that residents should continue to put their trash cans out on the berm in front of driveway even if we have to roll them out and take care of it, and thanked sanitation crew for being proactive in this matter.

ADOPT ORDINANCE NO. 4242, AMENDING ZONING MAP
TO INCLUDE WITHIN GOLDEN VALLEY PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, LOT 1, BLOCK
2, AURORA PLAZA ADDITION, ALL OF AMUNDSON'S
SECOND RESUBDIVISION, NODAK RESUBDIVISION, GOLDEN
VALLEY FIRST AND SECOND ADDITIONS, AND LOTS 3 AND
4, BLOCK 1, AURORA PLAZA 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 Golden Valley PUD (Planned Use Development), Concept Development Plan, Amendment No. 2 and to include within the Golden Valley PUD (Planned Unit Development), Concept Develop0ment Plan, Amendment No. 3, Lot 1, Block 2, Aurora Plaza Addition, all of Amundson's Second Resubdivision, Nodak Resubdivision, Golden Valley First and Second Additions and Lots 3 and 4, Block 1, Aurora Plaza Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 16, 2008, 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 not 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 CPS, Ltd on behalf of Visim, LLP for final approval of an ordinance to amend the zoning map to exclude from the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Golden Valley PUD (Concept Development Plan, Amendment No. 3, Lot 1, Block 2, Aurora Plaza Addition, all of Amundson's Second Resubdivision, Nodak Resubdivision, Golden Valley First and Second Additions and Lot B, Clock 1 of the Replat of Lots 1 and 2, Block 1, Aurora Plaza Addition and Lots 3 and 4, Block 1, Aurora Plaza Addition to the city of Grand Forks, ND (located in the 2800 block of South 42nd Street), 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 Kreun and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.

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

APPROVE APPLICATION FOR ABATMENT OF TAXES
ON PROPERTY AT 617 4TH AVENUE SOUTH

The staff report from the city assessor relating to application for abatement for 2007 taxes by Samuel and Tracy Christley, 617 4th Avenue South, with recommendation to Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 7 votes affirmative.

APPROVE APPLICATION FOR ABATMENT OF TAXES
ON PROPERTY AT 167 VICTORIA COURT

The staff report from the city assessor relating to application for abatement for 2007 taxes by Duane Rostberg, 167 Victoria Court, with recommendation to Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 7 votes affirmative.

APPROVE INCLUSION OF NEWLY ANNEXED PROPERTY
WITHIN SPECIAL ASSESSMENT DISTRICT NO. 14.4

The staff report from the city auditor relating to Assessment District Project No. 4704.4, permanent flood protection project, District No. 14.4 for newly annexed property from April, 2006 - June, 2008, and other properties with lot-line changes dues to changes in the dike line, with recommendation to include newly annexed property within the special assessment District No. 14.4 and authorize subsequent assessment for the flood control project to newly annexed property and previously assessed property that had lot line changes due to change in the dike line.

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

REFER COMPREHENSIVE ANNUAL FINANCIAL REPORT
TO AUDIT COMMITTEE

The staff report from the assistant director of finance and administrative services, relating to the Comprehensive Annual Financial Report of the city of Grand Forks for the year ended December 31, 2007 and the Independent Auditor's Report, with recommendation to refer the matter to the Audit Committee for review.

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

MATTER OF PUBLICATION OF CITY COUNCIL
MINUTES AND CHECKS

The staff report from the city attorney and the city auditor relating to matter of publication of city council minutes and checks, with recommendation to approve publication of summary of substantive action by city council, check listing and annual salary listing in legal notices in the Grand Forks Herald.

It was noted that the estimate cost of publication would go from approx. $6,300/year to $12,000 to $16,000/year.

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

ELIMINATE LIGHTING AT DOG PARK, PROJECT
NO. 6279

The staff report from the engineering department relating to funding for Project No. 6279, Dog Park Lighting and Project No. 6301, Parking Lincoln Drive, with recommendation to approve use of Greenway Betterment funding in the amount of $210,000 for Project No. 6279, Dog Park Lighting and Project No. 6301, Paving Lincoln Drive.

Council Member McNamara stated that all of the goals except lighting can be achieved without spending any money other than to paint, that the street was a one-way street, can put curbside parking near the dog park, handicapped parking adjacent to the dog park and as the streets goes farther southeast it expands and would accommodate diagonal parking and can get all the parking needed. That they don't need to build turn-around nor any additional paving and concrete isn't any worse than what you see on Minnesota Avenue and streets adjacent to it, can achieve all the aims relative to the paving and parking by changing it to a one-way street, and lighting is a function of the Park District. He stated cost would be assessed and come as an assessment and an increase in taxes.

Council Member Kreun reported after visiting with some users of the dog park that lighting isn't a necessity and would rather have the street repaired, and if don't feel that lighting is necessary could eliminate that, but that paving of the street has nothing to do with the dog park except for the turn-around, and that they could also eliminate the angle parking but need to have two-way traffic in order to keep traffic moving. He stated with the addition of the second frisbee golf course and with tournaments taking place, traffic is going to increase and would create more congestion making everyone go through the entire park to get to the dog park, and would move to adopt the option proposed by engineering, to eliminate angle parking and eliminate lighting but the street is in definite need of repair, cannot overlay it, can't blade in the winter but is in extremely poor condition.

Council Member Kreun moved to eliminate the lighting in the dog park from the funding issue. Council Member McNamara seconded the motion.

Council Member Christensen reported that after the last meeting Ms. Greendahl spoke to the staff at the Park District and they have concluded they do not need the lighting now and also if do lighting, suggest that staff look at solar lighting as part of green initiative.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE CHANGE ORDER NO. 3, PROJECT NO. 6131,
CONCRETE PANEL

The staff report from engineering department relating to Change Order No. 3 for Project No. 6131, 2007 Concrete Panel Replacement Project (adding work of Project No. 6301, Lincoln Drive Paving adjacent to dog park), with recommendation to approve Change Order No.3 for Project No. 6131, Concrete Panel Replacement, and retain city engineering authority to approve 10% for change orders from the original bid.

Council Member Kreun reported this was part of the flood protection project to repair this street, and the reason not included in this bid last year was to see how popular the dog park would be and how much traffic there would be, that this is to finish the flood protection project to replace that street as the street cannot be overlaid, concrete portion that has to be removed and replaced, and the lower portion will be done in concrete because of potential flooding and the upper portion in blacktop. This project is included in the third assessment and the assessment will be much lower than originally anticipated and budgeted, and moved to approve parking of the two-way street with the turn-around in that area, and eliminate the diagonal parking spots. Council Member Gershman seconded the motion.

Council Member Christensen stated he spoke with the President Hutchison of the Park District and that when and if they bring the small dog park forward, they will pay for that, including the lighting, and if need additional parking, they would be responsible for that.

Howard Swanson, city attorney, stated that if looking at the recommended council action is only that it is only recommended council action, that does not control your motions, the action that was taken on the previous item was that you have rejected the proposal to light the dog park; and with respect to this item if the motion expressly includes the paving as well as the source of that funding that would be appropriate.
Without specific provisions in the motion, he disagrees with any recommendation or suggestion that the previous motion was denied or rejected other than the action to reject the lighting. At this point the motion with respect to this item does not identify a source of funding and that should be specifically restated to include that if that is your intention. Council Member Kreun stated that they would include the funding to the motion, Council Member Gershman accepted that as part of the motion.

Al Grasser, city engineer, reported that the estimate for the Change Order without the lighting, and if take out the lighting and the angle parking about $150-160,000 for that amount of work, original change order was $185,000, and will make appropriate quantity adjustments in the change order.

Council Member Bjerke asked for a roll call vote on this matter.

Upon call for the question and upon roll call, the following voted "aye": Council Members Kreun, Glassheim, Gershman, Christensen, Bakken - 5; voting "nay": Council Members Bjerke, McNamara - 2. Mayor Brown declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT
NO. 6309, DISTRICT NO. 301

The city auditor presented and read tabulation of bids which had been received and opened on July 8, 2008 for Watermain Project No. 6309, District No. 301, watermain on South 42nd Street and 29th Avenue South, indicating that United Crane & Excavation, Inc. was the low bidder based upon their bid in the amount of $93,425.00: Document No. 9188 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6309, Watermain District No. 301, in the amount of $108,660.00, was presented and read.

The staff report from the engineering department relating to bids for Project No. 6309, Watermain on South 42nd Street and 29th Avenue South, with recommendation to award contract to low bidder, United Crane & Excavation, Inc. in the amount of $93,425.00.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and the resolution awarding the contract to United Crane & Excavation, Inc. was presented and read. Document No. 9189 - Resolution. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

APPROVE AMENDMENT TO PSAP JOINT POWERS
AGREEMENT

The staff report from PSAP director relating to amendment to Public Safety Answering Point (PSAP) Joint Powers Agreement, with recommendation to approve the amendment to the Authority Board membership (to include a member from a Grand Forks City Operational Department).

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 3, 4 AND
5, BLOCK 1, COLUMBIA PARK 2ND ADDITION

The staff report from Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Kevin Hodny for final approval (fast track) of the Replat of Lots 3, 4 and 5, Block 1, Columbia Park 2nd Addition to the city of Grand Forks, ND (located at Columbine Court and South 29th Street),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 Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 2, BLOCK
1, JOHNSON'S 4TH ADDITION AND LOT D, BLOCK 1 OF
REPLAT OF LOT 3, BLOCK 1, JOHNSON'S 4TH ADDITION

The staff report from the engineering department relating to request from CPS, Ltd on behalf of Crary Development, Inc. et al for final approval (fast track) of the Replat of Lot 2, Block 1, Johnson's 4th Addition and Lot D, Block 1 of Replat of Lot 3, Block 1, Johnson's 4th Addition to the city of Grand Forks, ND (located in the 1200 block of South 42nd 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 Christensen that this recommendation be approved. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX PART OF NW
QUARTER SW QUARTER OF SECTION 8, T151N, R50W
OF 5TH P.M. AND TO BE PLATTED AS LOT E, BLOCK 1
OF REPLAT OF LOT 2, BLOCK 1, JOHNSON'S 4TH ADDITION
AND LOT D, BLOCK 1 OF REPLAT OF LOT 3, BLOCK 1,
JOHNSON'S 4TH ADDITION

The staff report from the Planning and Zoning Commission relating to request from Tim Crary for approval of an ordinance to annex that part of the NW Quarter of SW Quarter of Section 8, Township 151 North, Range 50 West of the Fifth Principal Meridian, to be platted as Lot E, Block 1 of the Replat of Lot 2, Block 1, Johnson's 4th Addition and Lot D, Block 1 of the Replat of Lot 3, Block 1, Johnson's 4th Addition to the city of Grand Forks, ND, except any lands previously annexed, (loc. in 1200 block of S. 42nd Street), with recommendation to give approval to the ordinance and set a public hearing date as required by law (August 4, 2008).

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

Council Member Gershman introduced an ordinance entitled "An ordinance to annex that part of the Northwest Quarter of the Southwest Quarter of Section 8, Township 151 North, Range 50 West of the Fifth Principal Meridian to be platted as Lot E, Block 1 of the Replat of Lot 2, Block 1, Johnson's 4th Addition and Lot D, Block 1 of the Replat of Lot 3, Block 1, Johnson's 4th Addition, except lands previously annexed to the city of Grand Forks, ND", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE SIDEWALK AND UTILITY
EASEMENT COMMON TO LOTS 12 AND 13, BLOCK 1 OF
REPLAT OF BLOCK 2, SUN-BEAM 5TH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to petition from Jerry and Jennifer Hoffarth and Joshua and Lisa Christianson for approval to vacate a 20-foot sidewalk and utility easement lying between Lots 12 ands 13, Block 1, Sun-Beam 5th Resubdivision to the city of Grand Forks, (located at 4520 and 4538 Homestead Circle), with recommendation to give final approval to the petition and set a public hearing as prescribed by law.

It was moved by Council Member Bakken and seconded by Council Member Christensen 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 and be set for Tuesday, September 2, 2008. Carried 7 votes affirmative.

DENY REQUEST BY LKM ENTERPRISES TO AMEND
ZONING MAP TO REZONE AND INCLUDE LOT D, BLOCK
1, HALELY'S 1ST SUBDIVISION WITHIN B-3 (GENERAL
BUSINESS) DISTRICT

The staff report from Planning and Zoning Commission relating to request from Lori Miller on behalf of LKM Enterprises for preliminary approval of an ordinance to exclude from the A-2 (Agricultural Urban Reserve) District and to include within the B-3 (General Business) District, Lot D, Haley's 1st Subdivision to the city of Grand Forks, ND (located at the corner of Washington Street and 55th Avenue South), with recommendation to take preliminary action on the approval of the ordinance.

The staff report from Planning and Zoning Commission relating to request from Lori Miller on behalf of LKM Enterprises, LLC for preliminary approval of an ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan, Section 18-0802, Elements, of the Grand Forks City Code of 1987, as amended, pertaining to the Year 2035 Land Use Plan, with recommendation to grant preliminary approval to the ordinance and set a public hearing for August 18, 2008.

The staff report from Planning and Zoning Commission relating to request from LKM Enterprises, LLC for approval of an ordinance to annex Lot D, Block 1, Haley's 1st Subdivision (located at the corner of South Washington Street ands 55th Avenue South), with recommendation to approve the ordinance, subject to the condition that the rezoning request is approved and set a public hearing as required by law.

Mayor Brown opened the public hearing,

The following individuals appeared opposing the location of the amusement center business at this location between All Seasons and the Presbyterian Church because of residential growth, noise pollution, traffic, lights, and also some concerns about notification to property owners prior to Planning and Zoning Commission meeting.

Kevin Kuntz, 4768 Pine Circle
Erick Leichter, MD, 630 Vineyard Drive
Jim Petell, 726 Vineyard Drive
Katie Schmelka, 637 Vineyard Drive

Mr. Petell reported that his daughter created a website and received votes back opposing the business, 90% or greater against, and also received e-mails back running about 8 to 1 against. He presented copies to the council members for their review giving their concerns about noise, traffic, etc.

There was some discussion relative to notification to property owners relative to change in rezoning property. Brad Gengler, city planner, reported they have a notification process for rezoning and other things that require a public hearing, the ordinance is set up through the preliminary hearings there are no notice sent out but on the final public hearing notification is sent to property owners 400 ft. around the subject property informing them of the issue, time and location of the hearing. He stated that notification could be changed depending on what the issue is; and could do larger and more mass mailings.

Council Member Christensen stated that he supported this at the Planning and Zoning Commission as this is a good idea, good project but that they missed the noise issue, that he is in favor of the project but that this isn't the appropriate area for it.

Council Member Kreun stated that could do through Planning and Zoning and to make notifications to a greater distance a policy rather than changing the ordinance; that we have met the requirements by statute and law and that there is a point in which the notifications have to stop, but will have to find a reasonable distance and can discuss that at Planning and Zoning. He stated in the Land Use Plan this is residential area and was a concern discussed at Planning and Zoning, and that a developer behind this project has concerns as he had some plans that the Commission wasn't aware of and that also changes his perception as well. He stated they will also look at notification by density rather than distance.

Mr. Patell stated that when his daughter set up the website it was amazing how many people she was able to contact at no cost, and suggested that perhaps each ward set up a website and when these matters come up specific to the ward, can be posted, that citizens could check it, and would be a cost effective way to try to get the information out. Mayor Brown stated they would notify Public Information to look at that.

It was moved by Council Member Christensen to deny each of the recommendations, Council Member Gershman seconded the motion.

David Miller, 3698 22nd Avenue South, stated that he and his wife are developers of this property, that they are back to square one and are not going to give up, find another spot. Noise is always a consideration, lights are a consideration and that they had a meeting with Church people last week and that was one of their concerns but the lights at the amusement center wouldn't be on any longer than the lights in the Church parking lot, and that for now they are not done.

Upon call for the question and upon voice vote the motion carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE ALL OF PERKINS 3RD, 4TH AND 5TH
ADDITIONS AND ALL OF PERKINS 6TH THROUGH 12TH
RESUBDIVISIONS WITHIN PERKINS THIRD PUD,
AMENDMENT NO. 5

The staff report from Planning and Zoning Commission relating to request from development Homes, Inc. for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5 all of Perkins 3rd, 4th and 5th Additions, and all of Perkins 6th through 12th Resubdivisions to the city of Grand Forks, ND (located in NE Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian), with recommendation to give preliminary approval to the ordinance and set a public hearing for August 18, 2008.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman 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 Perkins Third PUD (Planned Use Development), Concept Development Plan, Amendment No. 4 and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5 all of Perkins 3rd, 4th and 5th Additions and all of Perkins 6th through 12th Resubdivisions to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING TEXT OF LAND
DEVELOPMENT CODE, CHAPTER XVIII, AMENDING
SECTIONS RELATING TO DEFINITIONS AND ELECTRONIC
CHANGEABLE SIGN REGULATION

The staff report from Planning and Zoning Commission relating to request from the Planning Department on behalf of the city of Grand Forks, ND for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending sections 18-0204 and 18-0301 relating to definitions and electronic changeable sign regulation, with recommendation to give preliminary approval to the ordinance and schedule a public hearing for August 18, 2008.

Council Member Glassheim stated that definitions of three or so kinds of displays, graphic, video and video with movement, and asked if the rules regulating them are different. Mr. Gengler stated that the ordinance is compilation of several definitions and regulations that they have taken from other ordinances and tried to mesh into one ordinance and trying to refine it; that a lot of the terms are coming from the industry standards, that they have met several times with the local sign companies and they have provided us with definitions of types of technologies and signs that they use and trying to implement them in the actual ordinance, and that they are having another sign subcommittee this week and will get the ordinance to city attorney to further refine it.

Council Member Glassheim stated that illusion of motion is the most offensive and would want that regulated more than some of the static images and if planned to do that, good idea for different definitions because they have different impacts. Mr. Gengler stated some of the key areas are some of the obvious characteristics of these signs, intense flash rates, proximity of the roadway, and safety issues, and was stated by the council in the past that they were not going to have prohibition on these signs, which means we need some regulations. He also stated that staff is suggesting to stay with our same basic rules, and unless council wants to change that, they are going to stay with current Code with some limitations on size. He also noted they have not discussed limiting a set number of signs per linear block front.

There were questions as to enforcement of regulations, and Mr. Gengler stated they have thought that enforcing was going to be difficult but are focusing on that new signs that would be approved have to have the ability to have the automatic dimmers functioning properly, and enforcement issues may turn into a complaint basis.

Council Member Gershman stated that if we are going to be monitoring these, if there is going to be a license fee and if we are going to be doing inspection, then need to add a fee, and committee may want to look at that. It was noted that this is preliminary and that Thursday, July 24, the subcommittee will be meeting in City Hall, Room A101, along with members of the committee and reps. of sign companies.

It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative; Council Member Glassheim voted against the motion.

Council Member Gershman introduced an ordinance entitled "An ordinance amending Section 18-0204 Rules and Definitions relating to electronic signs and amending Section 18-0301 Signs of the Grand Forks City Code", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF MAGDALENE
SUBDIVISION

The staff report from Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Marvin Omlid for preliminary approval of the Plat of Magdalene Subdivision to the city of Grand Forks, ND (located at 823 11th Avenue NE, Thompson, ND - SE Quarter SE Quarter of Section 2, Walle Twp. - T151N, R50W), 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 schedule a public hearing for August 18, 2008.

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

Council Member Gershman 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 Magdalene Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INFORMATION ITEMS

The Statement of Changes in Cash Balances as of June 30, 2008 was presented and read.

APPROVE BILL LISTING

Vendor Payment Listing No. 08-14, dated July 17, 2008, totaling $793,929.18 , was presented and read.

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

APPROVE MINUTES JULY 7, 2008

Typewritten copies of the minutes of the city council held on Monday, July 7, 2008 were presented and read.

It was moved by Council Member Bjerke that the minutes be corrected in item relating to alcoholic beverage license by Mooddyz Bar showing Council Member Gershman as being recused and roll call amended and moved approval of the minutes as corrected, seconded by Council Member Gershman. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Gershman reported that the diagonal parking in downtown Grand Forks has given 50 to 70 additional parking spaces, that to build a parking ramp cost being $10,000 per stall, and this was great benefit.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor