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August 19, 2002
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 19, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 19, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; absent: Council Member Kreun - 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 also announced various events during the past week and upcoming events:
1) the delegation for the first ever North Dakota sister-city exchange with Dickinson is ready to go for this weekend, and this is a wonderful opportunity to build a strong relationship with another area of our state; the delegation has excellent representation from all around the community including Council Member Kerian, and thanked the staff of the CVB for the work and coordinating the effort. He stated they have begun plans on hosting the return delegation in October.
2) He stated that the maps for Phase III of the flood protection project are outside the council chambers for reviewing.
3) He announced that the police department received a $1,200 grant from the Wal-Mart Corporation for a new canine training suite for that program.
4) He noted that last week he made a pledge of $100 to help with maintaining Northern Lights programming, very proud of the quality of life and things like this that help define our community, is something we can do as individuals and reflect who we are as a community, and he has issued a "meet or beat" challenge to everyone in the community, the challenge has been posted as www.ndpr.org - so "meet or beat the mayor" and thanked everyone involved in this effort, including individual donors, ND Public Radio and UND.

POPULATION GROWTH TASK FORCE RECOMMENDATION
UPDATE

Wendy Opdahl, Public Information Center intern, presented the update on the Population Growth Task Force recommendations which had been approved by the city council on December 17, 2002, and that the City can address the recommendations through a detailed ongoing plan of action with existing staff, resources and funding, and reviewed the plan of action.

GREATER GRAND FORKS CONVENTION AND VISITORS
BUREAU RESEARCH FINDINGS

Julie Rygg, general manager with the Greater Grand Forks Convention & Visitors Bureau, presented a brief overview of the information provided in the comprehensive market research report and analysis that was prepared by Randal Travel Marketing of North Carolina, and noted that all council members have been provided a full copy of the report and encouraged council to review the report and contact either the CVB or the marketing agency in North Carolina. She stated that the purpose of the report was to find out information relating to how visitors rate the area, our strengths and weaknesses, if we are doing what we need to be doing, what is needed to achieve growth and how we can improve. She stated in conclusion they found that visitors think of Grand Forks as a friendly, riverfront University town, offers good shopping and dining along with recreation opportunities, and that the area and CVB are going a good job in development of tourism, the towns look good to the first-time visitor, little evidence of the 1997 flood, dramatic improvements have been made to the infrastructure in the last five years and Grand Forks is an attractive place to visit; that we should take note of all the wonderful things we have here and continue to improve on them and promote our out-reach to people.

Ms. Rygg noted that their Board of Directors hasn't approved the study, they will be meeting tomorrow and come up with a prioritized list of items they will be doing and the report has a good tactical plan on how they should be moving and what they should be doing. She stated she believes they will take this plan and build their plan for what they will be doing for the next few years.

Ms. Rygg introduced the members of the Board of Directors who were present this evening.

ADOPT ORDINANCE NO. 3937, RELATING MEMBERSHIP
OF PENSION AND INSURANCE COMMITTEE AND QUORUM

An ordinance entitled "An ordinance amending Section 7-0101(1) relating to membership of the Pension and Insurance Committee and Section 7-1010(4) relating to quorum", which had been introduced and passed on its first reading on August 5, 2002, and was presented and read for consideration on second reading and final passage.

Mayor Brown asked if there were any comments from the audience relating to the ordinance. There were none.

Council Member Hamerlik asked whether the employee representatives or the employees had an opportunity to learn about this or have any comments; and perhaps should get that information. Al Grasser stated that the employee reps. have not had a chance to officially meet to go over it as a group but hasn't heard any concerns or objections and no official action from that group. Council Member Christensen suggested we pass the ordinance and if any concerns, could be brought back for reconsideration.

Howard Swanson, city attorney, reported that at the last meeting the council discussed including the administrative coordinator to act in the absence of the mayor, that he has included that language and would be appropriate to adopt the language as presented before final adoption of the ordinance, and it was so moved by Council Member Christensen and seconded by Council Member Hamerlik. Carried 6 votes affirmative.

Council Member moved adoption of the second reading with stipulations by Council Member Christensen to reconsider if necessary. Carried 6 votes affirmative.

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

CONTINUE FINAL APPROVAL OF PLAT; PUBLIC HEARING AND
SECOND READING OF ORDINANCE TO AMEND THE STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AND
DEDICATED ON THE PLAT OF BERG'S 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 Berg's Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 1, 2002, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

The staff report from the Planning Department relating to the request from CPS, LTD, on behalf of Keith Berg (personal representative for Emil Jacobson Estate) for final approval of the plat of Berg's Second Addition, Grand Forks County, North Dakota, being part of the Southeast Quarter of Section 14, Township 151 North, Range 51 West of the 5th Principal Meridian. This areas is located west of South 69th Street between 24th Avenue South ands 32nd Avenue South, with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy, including the ordinance amending the Street and Highway Plan.

Mayor Brown opened the public hearing.

Dennis Potter, city planner, reported that the motion from the Planning Commission is to continue the public hearing and table consideration until September 16, 2002, as this property is in estate and one of the members of the estate wants additional time to consider what is being proposed.

It was moved by Council Member Gershman to continue the public hearing and second reading of the ordinance until September 16, 2002; seconded by Council Member Kerian. Carried 6 votes affirmative.

ADOPT ORDINANCE NO. 3938, RELATING TO BANNER
DISPLAY AREAS IN THE CITY

An ordinance entitled "An ordinance enacting Sections XX-XXXX relating to banners at specific locations in the city of Grand Forks", which had been introduced and passed on its first reading on July 15, 2002, 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 to see if there were any comments from the public; there were no comments and the public hearing was closed.

The staff report from the Planning Department relating to the request for final approval of an ordinance amending the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, Section XX-XXXX relating to banner display area(s) in the city of Grand Forks, North Dakota, with recommendation to give final approval of the ordinance.

It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 3939, AMENDING THE STREET
AND HIGHWAY PLAN AS A PART OF THE MASTER PLAN
OF THE CITY TO INCLUDE AND EXCLUDE RIGHT OF WAY
RESERVATIONS LYING WITHIN A PORTION OF SECTION 35,
T151N, R50W OF THE 5TH PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the Street and Highway Plan as a part of the Master Plan of the city of Grand Forks, North Dakota, to include and exclude right-of-way reservations lying within a portion of Section 35, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described herein", which had been introduced and passed on its first reading on June 3, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing and asked if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

The staff report from the Planning Department relating to the request from Adams and Heitmann for final approval of an ordinance related to rights-of-way reservations for the plat of Heitmann Weg Addition to the city of Grand Forks, North Dakota, lying in the easterly 350 feet of the E 1/2 of the NW 1/4 of Section 35, T151N, R50W of the 5th Principal Meridian (located south of 62nd Avenue SE and west of L & S 3rd Resubdivision (aka Burke's Addition), with recommendation for final approval of the ordinance.

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

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

It was moved by Council Member Gershman and seconded by Council Member Christensen that the final date for such protest shall be September 23, 2002 and the public hearing on any protests filed be October 7, 2002.

WITHDRAW REQUEST FOR VACATION OF UTILITY
EASEMENT IN BLOCK 1, PERKINS THIRD ADDITION
AND BLOCK 1, PERKINS FOURTH ADDITION, WITH
EXCLUSIONS

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 10-foot wide east-west utility easement lying south of and adjoining the north line of Block 1, Perkins Third Addition and Block 1, Perkins Fourth Addition, excluding the easterly 10 feet of said Perkins Third Addition and the westerly 10 feet of said Perkins Fourth Addition (located north of 36th Avenue South between South 31st Street and South 34th Street), the required legal notice had been published calling for a public hearing to be held this evening.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

Mr. Potter reported that the applicant for this vacation has withdrawn the request.
Mayor Brown closed the public hearing. It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to allow the applicant to withdraw the application. Carried 6 votes affirmative.

APPROVE REQUEST FROM FRATERNITY FOR VARIANCE
TO NOISE ORDINANCE

Dillan Knutson, president of Sigma Alpha Epsilon Fraternity, 306 Hamline Street, reported that this coming week recruitment starts at UND for new members for their fraternity and have several events planned for the up-coming two weeks - from August 23 until September 6 - that on Saturday, August 24 the radio station XL93 has been hired to do a live feed from their front lawn and entertainment for the public, UND freshmen, and the price they have paid XL93 includes them playing until 1:00 a.m. in the morning, and with approval from the police department can only get permits to allow them to be open until midnight, and asked for the noise permit until 1:00 a.m. on both the 24th and 30th of August where they will be having another DJ, and reminded council that all events will be non-alcoholic and no alcohol served at any of the functions from their house.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik to add this request to the council's agenda. Carried 6 votes affirmative.

It was moved by Council Member Christensen and seconded by Council Member Gershman to amend the request to 1:00 a.m.

There was considerable discussion relative to control for the request. Mr. Knutson stated that the members of the House will be outside and make sure that people attending and coming into their Chapter House are either members of the House or incoming freshmen of UND, and didn't think they would be attracting too many people from the city, and only attract people from campus who are interested in joining their fraternity. Council Member Hamerlik stated that by radio station over the air will attract people from the community and expressed concern re. noise.

Chief Packett stated his department used the old criteria which was 12:00 midnight, and Friday, Saturday and sometimes into Sunday evening, and that was general criteria the staff used in approving the permit to 12:00 midnight this time. Mr. Shields stated that the night ordinance does limit the noise to 50 decibels but basically in terms of parties, etc. is a value judgment by the police officers on when it's too loud or not, and in that part of the ordinance they have the ability to shut down loud parties, that they don't hold them to 50 decibels because you wouldn't have any music or anything at that noise level.

Mr. Knutson stated that if this were passed and at any time the police department came to the Chapter House and told them they had complaints from the neighbors and too loud, they would be willing to shut down. Chief Packett also noted that the requests they have dealt with fraternities and sororities have been very easy to work with, very professional and main concern was going after midnight.

After further discussion it was moved by Council Member Christensen to amend the motion to allow Sigma Alpha Epsilon the permit for August 24 to 1:00 a.m., conditioned upon determination by the Chief of the Police Department in monitoring the Friday event to see if allow to 1:00 a.m. on the 31st. Council Member Gershman seconded the motion. Carried 6 votes affirmative.

Upon call for the question, as amended, and upon voice vote, the motion carried 5 votes affirmative; Council Member Glassheim voted against the motion.

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, LOCKWOOD ADDITION

The staff report from the Planning Department relating to the request from Mitch Gibbs for final approval of the Replat of Lot 1, Block 1, Lockwood Addition to the city of Grand Forks, North Dakota (located north of 27th Avenue North and west of Mill Road, with recommendation to give final approval.

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

ACCEPT PETITION TO VACATE ALLEY R/W ADJACENT
TO LOTS 1-20, BLOCK 2, UNIVERSITY PARK ADDITION,
AND UNPLATTED PORTION OF SW QUARTER SW QUARTER
OF SECTION 4, T151N, R50W OF 5TH P.M.

The staff report from the Planning and Zoning Commission relating to petition from Rick Tonder on behalf of the University of North Dakota for approval to vacate the alley right of way adjacent to Lots 1 through 20, Block 2, University Park Addition to Grand Forks, North Dakota, and unplatted portion of the SW Quarter of the SW Quarter of Section 4, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of 2nd Avenue North between North 23rd Street and North 25th Street (extended), with recommendation for approval of the petition, and to set a public hearing date as required by law.

It was moved by Council Member Kerian and seconded by Council Member Gershman that the 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 the public hearing be set for Monday, October 7, 2002. Carried 6 votes affirmative.

INTRODUCE ORDINANCE TO REZONE WITHIN B-3
(GENERAL BUSINESS) DISTRICT BLOCKS 1, LOTS 3,
4, 5 AND 6, AND BLOCK 3, LOT 2, SUNNY NODAK
FARMS ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Patrick R. Morley on behalf of Terrance R. Magnuson for preliminary approval of an ordinance to amend the Zoning Map to rezone from the A-2 (Agricultural Reserve) District and include within the B-3 (General Business) District Block 1, Lots 3, 4, 5 and 6 and Block 3, Lot 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (located near the intersection of North 66th Street and Highway 2 frontage road), with recommendation to give preliminary approval of the ordinance and schedule a public hearing for September 16, 2002.

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

Council Member Christensen 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-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District, Block 1, Lots 3, 4, 5 and 6 and Block 3, Lot 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF ALL
OF BLOCK 6, CONGRESSIONAL FIRST RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Grand Forks Homes for preliminary approval of the Replat of all of Block 6, Congressional First Resubdivision to the city of Grand Forks, North Dakota (located on Selkirk Circle), with recommendation for preliminary approval, subject to conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF EDGEWOOD ESTATES ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Darrell Adams on behalf of Steve Adams and Lavonne Adams for preliminary approval of the plat of Edgewood Estates Addition to the city of Grand Forks, North Dakota (located between Belmont Road and Angela Drive and between 62nd and 64th Avenue Southeast), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan.

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

Council Member Christensen 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 Edgewood Estates Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENTS AND GRANT
AGREEMENTS

The staff report from the Health Department relating to the budget amendment (HL45, $11,945,7/30/02) and Employee Tobacco Cessation Grant Agreement (#03-298) with the North Dakota Department of Health (new revenue), with recommendation to approve the budget amendment and the grant agreement.

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

The staff report from the Health Department relating to budget amendments (Food Class Revenue $1,715, 3/29/02 and $93.99, 7/31/02, and budget amendment (CSCC Revenue $821, 5/29/02, new revenue), with recommendation to approve the budget amendments.

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

APPROVE ENGINEERING SERVICES AGREEMENT
FOR PROJECT NO. 5316, UNIVERSITY ELEVATED TOWER
RECONDITIONING

The staff report from the engineering department relating to the engineering services agreement for City Project No. 5316, University Elevated Tower Reconditioning, with recommendation to approve agreement with Advanced Engineering and Environmental Services, Inc., consultant for design and bidding engineering services in the amount of $31,100.00.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, SEWER PROJECT NO. 5375, DISTRICT
NO. 414

The staff report from the engineering department relating to creating special assessment district for City Project No. 5375, District No. 414, sanitary sewer along North 42nd Street from Gateway to 16th Avenue North and 16th Avenue North from 42nd Street to the terminus of 16th Avenue North Circle, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for project No. 5375, District No. 414.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this recommendation be and is hereby approved, and that we declare intent to sell bonds to finance these improvements. Carried 6 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8205 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 5375, DISTRICT NO. 414

The city auditor presented and read the engineer's report on Sewer Project No. 5375, District No. 414: Document No. 8206 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5375, DISTRICT
NO. 414

Council Member Kerian introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8207 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

AWARD CONTRACT FOR PROJECT NO. 5334, EROSION
REPAIRS AT SOUTHEND DRAINWAY AND RAY RICHARD'S
GOLF COURSE

The staff report from the engineering department relating to bids for Project No. 5334, erosion repairs at Southend Drainway and Ray Richard's Golf Course, with recommendation to award contract to low bidder.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this recommendation be approved and the contract awarded to Gowan Construction, Inc. in the amount of $34,337.30. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

APPROVE BIKEWAY AND TEMPORARY CONSTRUCTION
EASEMENT FOR PROJECT NO. 5382, TCSP GREENWAY
TRAIL ENHANCEMENTS

The staff report from the engineering department relating to bikeway easement and temporary construction easement for City Project No. 5382, TCSP Greenway Trail Enhancements, with recommendation to approve the bikeway and temporary construction easement with the Park District in the amount of $1.00.

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

APPROVE URBAN DEVELOPMENT DIRECTOR/JOBS
DEVELOPMENT AUTHORITY PROCESS

The staff report from the administrative coordinator relating to the urban development director/jobs development authority process, with recommendation to send this matter to the standby finance committee for review; that it is recommended that the standby committee and City staff partner with three members of the Economic Development corporation and its staff to examine different models of the economic development/jobs development authority process.

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

INFORMATIONAL ITEM

The Portfolio Management Summary dated July 31, 2002 was presented to the city council for their information.

ACCEPT COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR FISCAL YEAR ENDED DECEMBER 2001

The staff report from the audit committee relating to the Comprehensive Annual Financial Report for the year ended December 31, 2002, and the Independent Auditor's Report, and the committee recommends accepting the Comprehensive Annual Financial Report of the City of Grand Forks for the fiscal year ended December 31, 2002, and authorizes final payment to Brady, Martz & Associations, P.C. subject to final approval by the State Auditor's Office.

Council Member Brooks moved to accept the Comprehensive Annual Financial Report of the City of Grand Forks for the fiscal year ended December 2001 and authorize final payment to Brady, Martz & Associates, P.C., subject to final approval by the State Auditor's Office. The motion was seconded by Council Member Kerian. Carried 6 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX LOT 1, LESS THE
EASTERLY 90 FEET PREVIOUSLY ANNEXED, AND LOTS 2
THROUGH 6, BLOCK A OF REPLAT OF ALL OF BLOCKS
1 AND 2, LeCLERC'S ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from Ray and Myrna LeClerc for approval of an ordinance to annex to the city of Grand Forks Lot 1, less the easterly 90 feet previously annexed, and Lots 2 through 6, Block A of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota (located at 5616 Belmont Road), with recommendation for preliminary approval of the ordinance (including Lot 7, Block A) and set a public hearing date as required by law.

Council Member Christensen stated his concern is that the issue is the benefit of the platting vs. no annexation, that we're deviating from the given rules with approving this plat but if the property owner wanted this format approved, he could bring it in under a PUD but would have to have the land annexed. Mr. Potter stated they would ask to have the land annexed and assuming they don't protest it out and would not have to be platted; and that you can get a PUD without being annexed. He also stated their normal practice is to try to annex as much developed or land proposed to be platted for development property into the city and normally follow that, that when this goes back to Planning and Zoning the staff will be proposing that the property be annexed as part of this overall process of platting and rezoning and would propose enlarging the annexation, then the council would have before it, assuming the Planning Commission agrees with the proposal to annex all of the property, the option to plat it, rezone it and attempt to annex because it is all under one owner and if were to protest the annexation part, then they would be successful in defeating an annexation proposal but could get the platting and the rezoning, that if delay the platting and rezoning until the same night as the annexation, then you would have an opportunity to turn down the rezoning and turn down the platting if the property owner protested out the annexation; that it's a timing issue when you look at these three pieces of action when they come back to you in September.

Council Member Christensen moved to approve the recommendation and set a public hearing date for September 16, 2002. Council Member Kerian seconded the motion. Carried 6 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lot 1 less the easterly 90 feet previously annexed and Lots 2 through 7, Block A of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND THE STREET & HIGHWAY
PLAN TO INCLUDE THE PUBLIC R/W SHOWN AS
DEDICATED ON THE REPLAT OF ALL OF BLOCKS 1 AND
2, LeCLERC'S ADDITION, GRAND FORKS, NORTH DAKOTA

The staff report from the Planning Department relating to the matter of the request from Ray and Myrna LeClerc for preliminary approval of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota (located at 5616 Belmont Road), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan and schedule a public hearing for September 16, 2002.

It was moved by Council Member Christensen and seconded by Council Member Kerian approve the recommendation. Carried 6 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND THE ZONING MAP
TO INCLUDE WITHIN R-1 (SINGLE FAMILY RESIDENCE)
DISTRICT ALL OF BLOCKS A AND B OF REPLAT OF ALL
OF BLOCKS 1 AND 2, LeCLERC'S ADDITION

The staff report from the Planning and Zoning Commission relating the request from Ray and Myrna LeClerc for preliminary approval of an ordinance to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District all of Blocks A and B of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota (located at 5616 Belmont Road), with recommendation for preliminary approval and schedule a public hearing for September 16, 2002.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.

Council Member Christensen 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-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District, all of Blocks A and B of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PLAT OF WESTERN PLAINS ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Jerry Pribula on behalf of Keith Danks for preliminary approval of the plat of Western Plains Addition located in the east half of the east 726 feet of the west 1920.60 feet of the S Half of the SW Quarter of Section 36, Township 152 North, Range 51 West of the 5th Principal Meridian, Grand Forks, North Dakota, with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan, and to schedule a public hearing for September 16, 2002.

Mr. Potter stated that however we resolve the question of the rezoning, we still need to replat the property.

It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the recommendation. Carried 6 votes affirmative.

Council Member Christensen 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 Western Plains Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO REZONE ZONING MAP
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT ALL OF WESTERN PLAINS ADDITION
AND INTRODUCE ORDINANCE RELATING TO
LAND DEVELOPMENT CODE, SECTION 18-0216
B-3 (GENERAL BUSINESS) DISTRICT, SUBSECTION
RE. CONDITIONAL USES AND SPECIAL CONDITIONS
The staff report from the Planning and Zoning Commission relating to the request from Keith Danks and the City Planning Department for preliminary approval of an ordinance to rezone from A-2 (Agricultural Reserve) District to I-2 (Heavy Industrial) District for the east half of the east 726 feet of the west 1920.60 feet of the South Half of the Southwest Quarter of Section 36, Township 152 North, Range 51 West of the 5th Principal Meridian, Grand Forks, North Dakota. This property is located north of U.S. Highway 2 between North 62nd and North 69th Streets, with recommendation to table preliminary approval of the rezoning request until September 4, 2002.

Council Member Christensen stated that he spoke with Mr. Potter and would like to send this back to Planning and Zoning and give Mr. Danks B-3 approval rather than A-2 with a conditional use permit, that all of the land is B-3 and land to the south that Mr. Magnuson is bringing in is B-3, the land to the south and west which the City owns (former location of Westgate Marine) is B-3 but some suggestion to take that back to A-2 and has discussed with Mr. Potter to keep that property as B-3, so that all of the property would be B-3 and contiguous except for the I-2 that is to the west of it or the A-2 which is above Mr. Danks' lot and would then have contiguous ground that has the same zoning and the same classification and won't have to change the use permit because Mr. Danks is storing agricultural products which are non-hazardous substances. Mr. Potter stated you could define them as non-hazardous or could specifically call them out and that is council's decision.

Council Member Christensen stated that as part of this process, Mr. Danks has given us an architectural rendition of the proposed building (but also to include brick fascia which will be on the front of the building) which will be similar to most of the buildings on Highway 2, and that Mr. Danks is cooperating and Mr. Potter is helping us come up with a resolution of this. Council Member Christensen moved to send this back to the Planning and Zoning Commission with the I-2 but bring it back with a B-3. Mr. Potter stated they would be amending the B-3 and would like to keep non-hazardous products and specify processes and non-processed. Council Member Kerian seconded the motion.

Mr. Danks stated that B-3 zoning would be fine and serve his purposes.

Council Member Kerian asked if there were any issues relating to conditional use that the council might want to give direction on. Mr. Potter stated what they propose is to allow non-hazardous storage, processed and semi-processed ag products as a permitted use in a B-3 zone, and may want to consider whether or not long term and structure a way to have the ability to look at these on a case by case basis, call it either a conditional use permit or some other terminology, this has a permitted use and these types of facilities could go in any B-3 zone in the city. He stated during the discussion at the committee of the whole meeting relating to design review type issues on Highway 2 (perhaps from Kennedy Bridge to the western extent of our two-mile jurisdiction, and if you would like the Planning Department to look at that some form of motion or direction from the mayor or council and could do that.

Howard Swanson, city attorney, stated that if going to change the zoning on a particular parcel, you also need to amend the text of B-3 zone, and by changing the text of B-3 to allow this, you are allowing any B-3 site to make application, that the present code has under B-3 a few conditional uses and those include hospitals and sanitariums, sports arenas, convention centers, stadiums and arenas, custodian quarters, schools, lumber yards, crematories, machinery sales, contractor shops, off-site recycling facilities and wireless communication towers, and those are the types of conditional use permits allowed in a B-3 zone, and would need to add whatever it is you are going to allow - storage of agricultural process products or agricultural products. Mr. Potter stated three items - storage of non-hazardous products, storage of processed agricultural products and storage of semi-processed agricultural products. Mr. Swanson stated that storage of non-hazardous products is already a permitted use (retail sales and storage of non-hazardous materials). Mr. Potter stated there is an interpretation question when reading that part as it says retail and non-hazardous materials, and that this particular proposal is for a storage facility with no retail with it, and if read that as "retail and non-hazardous storage" and interpret it to be "a non-hazardous storage" its related to the storage of the retail products for sale, and need to make that amendment to clarify it. Mr. Swanson asked if the entire matter was being sent back to Planning and Zoning; Council Member Christensen asked if they could give preliminary approval tonight as B-3; Mr. Swanson stated if they choose to yes.
Council Member Christensen asked how they would monitor conditional use permits; Mr. Swanson stated that the City of Grand Forks has a very poor track record on conditional use permits, for a number of years they were issued without terms or conditions, and the recommendation is from their office that a conditional use permit have a specified term and a specified condition, not only for the continued viability of the permit, but also for any renewal of an existing conditional use permit; and if going in this case with a conditional use, you would have to in addition to changing the zoning on the parcel, have to amend the text of the code, but could give preliminary approval to both tonight if that is your intention, but clearly state whether giving preliminary approval or not.

Council Member Christensen moved that we give preliminary approval to the ordinance and to change the zoning to B-3 for this tract of land; Council Member Kerian seconded the motion.

Council Member Gershman stated the concern he has going forward is how to set policy or decision-making for other B-3 zones, and how to set de facto case by case, that conditional use permit means that it is case by case, that what happens so many times is that people assume we've set precedent and that location on Gateway Drive is similar to 32nd Avenue or South Washington and hoping not start running into that problem. Mr. Swanson stated that a conditional use permit can only be issued by this body, after referral or recommendation from the Planning and Zoning Commission.

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

Council Member Christensen 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-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District the east half (east one-half of the east 726 feet of the west 1920.6 feet of the south 447 feet of the South Half (S 1/2) of the Southwest Quarter (S 1/2 SW 1/4) of Section Thirty-six (36) in Township One Hundred Fifty-two (152) North or Range Fifty-one (51) West of the Fifth Principal Meridian, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

Council Member Kerian moved to give preliminary approval and first reading to an ordinance amending the text of the B-3 (General Business) District conditional use permit provisions to allow for the storage of non-hazardous products, storage of processed agricultural products and storage of semi-processed agricultural products"; seconded by Council Member Christensen Mr. Swanson advised that the council will not get the final reading until after the Planning and Zoning Commission meeting in September.

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

Council Member Kerian introduced an ordinance entitled "An ordinance relating to the Grand Forks Land Development Code, amending Chapter XVIII, Article 2, Zoning Section 18-0216 B-3 (General Business) District, Subsections (3) Conditional Uses and (11) Special Conditions", which was presented, read and passed on its first reading.

REFER REQUEST FOR PRELIMINARY APPROVAL OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN a-2 (AGRICULTURAL RESERVE) DISTRICT BLOCK
1, LOT 1, SUNNY NODAK FARMS ADDITION TO PLANNING
AND ZONING COMMISSION FOR CONSIDERATION

The staff report from the Planning and Zoning Commission relating to the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the Zoning Map to rezone from the B-3 (General Business) District and include within the A-2 (Agricultural Reserve) District, Block 1, Lot 1, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota. This property is located at the intersection of North 69th Street and Highway 2, with recommendation to give preliminary approval of the ordinance and schedule a public hearing for September 16, 2002.

Council Member Christensen stated that this is the parcel that he was suggesting that we keep the zoning B-3 rather than revert back to A-2 because we have a building, which may be sold or removed, but the property would still be zoned B-3 and inasmuch as the adjacent property owner is zoning all of his property B-3, then we would have a complete strip of land along Highway 2 that would have the same zoning. Mr. Potter stated that of the two parcels the City owns, the eastern parcel is zoned A-2 and own the parcel adjacent to it, that the Magnusons own the next three parcels which are the subject of a rezoning request; that when this area came into the city, we mirror-imaged what the zoning was from the County which was equivalent to our B-3 and other property agricultural or similar to our A-2 and that is how we rezoned it.

Mr. Swanson stated that the property described that would be changed from A-2 to B-3 is not Block 1, Lot 1 and his suggestion is that they defeat the item before you and refer back to Planning and Zoning action on what he believes to be Lot 2, Block 1; the problem you have is that your publications have not addressed the lot that you are ultimately now considering the rezoning change, and the motion should be to defeat the item and then refer it to Planning and Zoning for consideration of rezoning of Lot 2, Block 1, Sunny Nodak Farms Addition.

Council Member Christensen moved to defeat the recommendation on this matter and refer it to Planning and Zoning and rezone the lot to the east of it. The motion was seconded by Council Member Gershman. Carried 6 votes affirmative.

APPROVE REQUEST FOR DONATION OF LOT BY
HABITAT FOR HUMANITY

The staff report from the urban development office relating to request by Habitat for Humanity for donation of lot (at 1512 Oak Street), with recommendation to approve request per Section 2-0402(5)(C) of Grand Forks City Code.

It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the recommendation. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried.

TABLE REQUEST TO AUTHORIZE SUBCONTRACT
WORK ON CITY-OWNED PROPERTY TO SEPTEMBER 3,
2002

The report submitted by Curt Kreun relating to request to authorize subcontract work on City-owned property was presented and read.

It was moved by Council Member Brooks and seconded by Council Member Christensen to table this item to the next city council meeting on September 3, 2002. Carried 6 votes affirmative.

APPROVE BILL LISTING

Vendor Payment Listing No. 02-16, dated August 19, 2002, totaling $843,407.20 and Estimate Summary in the amount of $175,204.00, were presented and read.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that these bills and estimates 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES AUGUST 5, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, August 5, 2002 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Kerian that the minutes be approved as read. Carried 6 votes affirmative.

ADMINISTRATIVE COORDINATOR COMMENTS

Mr. Duquette asked to poll the city council to see if they would be available Wednesday, August 21, at 12:00 to 1:30 p.m. for review of the preliminary budget; the council will be available.

Mr. Duquette also noted that they have had two meetings on Springfest and are preparing a presentation for both the Park Commission and the city council, options defining the problem and giving suggestions about what they should do next.

Mr. Duquette stated they have had a non-profit group look at civic auditorium, and still mulling over the idea of PSAP, EOC taking over that facility.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Kerian stated they did not get a motion for the design review guidelines on Gateway/Highway 2 and asked what would be the best way to do that, have something prepared for next meeting, that they don't need to do that immediately but maybe getting something back October, November and handle some of the conditional use and design areas. Council Member Gershman reported that last week he requested the conditional use permits for review and need information before having a meeting. Council Member Kerian stated in visiting with Mr. Potter, his staff could begin to research what is done for design review, etc. and maybe that is a process that could be started so when ready to review we have their information..

2) Council Member Glassheim questioned the meeting on the ethics code, meeting is scheduled for Monday, August 26, at 6:00 p.m. and it was suggested that Mr. Swanson have a copy for review. Council Member Christensen stated he would like to finish it on Monday.

ADJOURN
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor