City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 19, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 19, 2003 following the meetings of the Board of Equalization and the special committee of the whole at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; absent: Council Members Glassheim, Christensen - 2.

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 of the past week and upcoming week.
1) congratulations to the 4th Grade Essayists.
2) recognized the Regional Immunization Conference at the Alerus this past Thursday and Friday and conference included bio-terrorism-infectious disease update forum and thanks to Health Department for continuing to work for the benefit of our entire region.
3) Pancake Feed for Operation We Do Care raising money to support our troops and families with phone cards and gift packages.
4) thanks to Sons of Norway for celebration for Norwegian Constitution Day
5) Open House at 5:00 p.m. May 21to discuss pedestrian bridges in greenway at East Grand Forks Campbell Library.
6) Presentation of Community Fire Shield award to Ronald and Christina Charles who assisted in helping neighbor out of her apartment during a fire and without their assistance a loss of life may have occurred and in recognition of these extraordinary acts presented the award.

RECONSIDERATION OF ACTION RELATING TO ADOPTION
OF ORDINANCE NO. 3970, AND PLACEMENT OF ITEM ON
NEXT COMMITTEE OF THE WHOLE AGENDA

Council Member Kerian asked for reconsideration of action taken by the city council on May 5, 2003.

Howard Swanson, city attorney, advised if seek to reconsider prior action, would have to identify specifically what action it is you would seek to reconsider, a motion to reconsider must be made by one voting with the prevailing side and seconded by anyone, that motion has to pass by a majority vote, and then would be tabled to the next committee of the whole.

Council Member Kerian stated on May 5 the council adopted an ordinance to annex part of Johnson's 4th Addition to the city of Grand Forks, Ordinance No. 3970 was adopted unanimously to annex Lots A, B and C, prior to that there was in the discussion of the committee of the whole that the developer believed that there were some agreements with the City that not all of that property would be brought in, that he wanted to develop Lot B, and that she has heard from some people who would like an opportunity to have further discussion, and moved for reconsideration of the adoption of Ordinance No.3970. Council Member Gershman seconded the motion for reconsideration. Carried 5 votes affirmative.

This item will appear on the next committee of the whole agenda.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
GARAGE FROM OUTSIDE CITY LIMITS TO 720 WALNUT
STREET

The acting city auditor reported that the notice of public hearing on the application by Dean Curran to move a building from outside the city limits to 720 Walnut Street to be used as a garage had been published and posted as required.

The staff report from the Inspections Division re. moving permit application to move garage, to be used as a garage, from outside city limits to 720 Walnut Street, with recommendation to approve the moving permit to move a garage from outside city limits to 720 Walnut Street to be used as a garage.

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

Bev Collings, Building/Zoning Administrator, reported that they recently found a conflict with the site plan at this property and distributed copies of the new site plan to the council members, that the garage has been proposed to be rotated to a different direction because there was a conflict with the other site plan, that a new structure would not be allowed to be moved to this site without a variance from 20 ft. in front of the garage to vary it to 17 feet, and that the owner of the property will have to appear at the Board of Adjustments for a variance if they approve the moving permit.

Council Member Hamerlik asked if property owners in the area have been notified of the change to the site plan. Ms. Collings stated that property owners will be re-notified when site plan goes to Board for change in variance.

It was moved by Council Member Gershman and seconded by Council Member Kerian to approve the recommendation and that Mr. Curran is authorized to move the building subject to approval of the variance. Carried 5 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE SINGLE FAMILY HOME AND GARAGE FROM
1415 LEWIS BLVD. TO 1829 NORTH 4TH STREET

The staff report from the Inspections Division relating to application for moving permit to move single family home and garage frofm1415 Lewis Blvd. to 1829 North 4th Street, with recommendation to approve the moving permit to move a single family home and garage from1415 Lewis Blvd. to 1829 North 4th Street.

Mayor Brown opened the public hearing (which had been continued from May 5, 2003 council meeting), there were no comments and the public hearing was closed.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved, and that Mr. Blue is authorized to move the buildings. Carried 5 votes affirmative.

SUSPEND AGENDA TO CONSIDER ITEM RELATING TO
AFFORDABLE HOUSING DISTRICT DESIGNATION PRIOR TO
ORDINANCES THAT WOULD BE AFFECTED

Council Member Kreun moved to suspend the agenda to consider the item relating to affordable housing district designation prior to consideration of three ordinances, which would be affected. Council Member Gershman seconded the motion. Carried 5 votes affirmative.

APPROVE AFFORDABLE HOUSING DISTRICT
DESIGNATION

The staff report from the Office of Urban Development relating to affordable housing district designation, with recommendation to establish the criteria recommended by the Entry Level Housing Task Force for designation of affordable housing districts.

Council Member Kreun stated he would like to clear up some misconceptions about the process:
1) these concessions are not items that subsidize housing, but items that will make it more applicable for smaller homes to be built and also for funding mechanisms to be put into place. That the $135,250 limit is a limit and is not the size of the houses that will be built and intent is to be underneath that amount, will use that goal using the infrastructure situation they have in one development that would be utilized mostly by LMI people. He stated there is variance as far as range of the houses are, and would like to entertain somewhere around $90,000 all the way up to $135,250 and that those are the guidelines they will be using. He stated they realize there is a housing shortage in Grand Forks at this time, 101 houses that are on the market between Grand Forks and East Grand Forks, more houses for sale but have sales pending and have financing pending and this is way to help offset some of the shortages in the city. He stated he had previously read the statements as to what the developer agrees to do and what the City agrees to do at the committee of the whole. He stated one of the items that came up after the committee of the whole was that the monitoring device to see if this program is working and may want to look at the building permits as taken out and will review on a quarterly basis to see whether meeting criteria. He stated another mis-conception is that because we have 300 lots available that there will be 300 houses built immediately, doesn't think that will happen and will start out with 10 or 15 in each district to see what the market will bear and how the infrastructure is brought forward and hopefully driven by supply and demand as far as entry-levy homes.

Council Member Kerian asked if the infrastructure might be built in relationship to how many of the current lots are already being built on Council Member Kreun stated in discussions with developers and with real estate people and builders, the supply and demand will dictate and the infrastructure will also dictate, but that the infrastructure does go ahead of the homes to a certain degree and that will be monitored at the same time and at same level, but knowing that the infrastructure will be ahead of the houses. He stated this is a pilot project they are going to monitor and may change as it goes along.

Council Member Hamerlik stated his concern is what assurances or mechanisms do we have to make sure that some of the houses in the 75%, less than $135,250, are built and not all houses built above the $135,000 or in the 25% bracket, and several years down the road few if any, how do you recoup that because might have second or third owner in those houses. Council Member Kreun stated that after all of the infrastructure is put in and the houses sold and are above the $135,250, how do you go back and recoup the money that we have deferred and utilized the 50% upfront, and how to recoup that money.

Council Member Hamerlik stated that is half the equation as we're trying to have affordable housing and if not building them, we're not accomplishing our goal. Council Member Kreun stated that is where the quarterly monitoring comes in and if not meeting that on a quarterly basis, then council will review, any infrastructure that is put in is authorized by the council with the bid process and authorize bids, inspection, etc. and if that criteria is not being met at the quarterly juncture, then they do not go forward with further development. Council Member Hamerlik asked if at end of the quarter, the developer must have built 75% of the houses under $135,000; Council Member Kreun stated that is what they are suggesting but not going to have flat number in there, may fluctuate and have monitoring device by being able to approve any further development.

Council Member Hamerlik stated that the recommended council action was entry-level and that $135,250 is not an entry-level home for most people, but is a second entry (moving from their first or second home) and moving into one of these homes would free up some other homes that would be more affordable at least for entry-level, and asked if he was correct in understanding that there will be some homes built in Congressional or somewhere else that will be built less than $90 or $100,000. Council Member Gershman stated the more programs that will come into play with the Housing Authority because that will be a LMI area where CDBG funds can be used for the infrastructure and will be able to offset those infrastructure costs with CDBG money, and need to be cautious to that whether a house can be built for $80,000, that it can't be build, perhaps $90,000 excluding land, and market will tell us where we are and are trying to let market forces play a major role in this along with policy that can help reduce the cost of the land the cost of infrastructure and cost to the homeowners.

Mr. Lund stated there is an item on the agenda from Grand Forks Housing Authority re. replat of Promenade 1st Subdivision which is a replat of Congressional First and will be building houses and price points will be anywhere between $90,000 and $110,000, but $100,000 and below is what they desire and they are willing to commit that 51% of the homes be sold to LMI individuals and therefore, can use CDBG funds for the installation of infrastructure for that entire project; that he doesn't believe the other two developers for the affordable housing districts can make that guarantee.

Council Member Kreun stated that 5. under the City's agreement is that they want the two-year tax exemption to coincide with the $135,250 so the two relate back and forth to each other, that now at $110,000 and this way bring it up to the $135,250 as far as the two-year tax exemption goes. It was noted that the amendment would be to meet homes built that meet the criteria in item 1. under Developer agrees.

Council Member moved that we accept the proposal with an amendment to (5. under City's agreement to change the two-year tax exemption to meet homes built that meet the criteria in item 1. under Developer's agreement. Council Member Gershman seconded the motion

Council Member Gershman stated that Council Member Christensen sent an e-mail with some concerns and that Council Member Christensen is suggesting that if this proposal passes tonight, that the committee regroup and look at what happens if the developer does not comply so that they don't sell bonds for the infrastructure if the criteria isn't being met, and have something that will protect the City of Grand Forks if for some reason things don't work out in one of the pilot projects.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative.

APPROVE FINAL PLAN; ADOPT ORDINANCE NO.

3974, AMENDING STREET AND HIGHWAY PLAN TO

INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT

OF SOUTHBROOK FIRST ADDITION

MENT PLAN, SOUTHBROOK 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 A-2 (Agricultural Reserve) District and to include within the Southbrook PUD (Planned Unit Development) Concept Development Plan, Southbrook First Addition to the city of 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 this evening, and further that no protests or grievances had been filed with their office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of an ordinance to amend the zoning map to exclude from A-2 (Agricultural Reserve) District and to include within the Southbrook PUD (Planned Unit Development), Concept Development Plan, all of Southbrook First Addition to the city of Grand Forks, North Dakota (located at 47th Avenue South and South Washington Street), with recommendation to give final approval.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.

3976, AMENDING STREET AND HIGHWAY PLAN TO

INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON

THE PLAT OF COLUMBIA PARK 29TH RESUBDIVISION

AMENDING STREET AND HIGHWAY PLAN TO INCLUDE

PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED ON

THE PLAT OF PROMENADE FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Promenade First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The acting city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date no protests or grievances had been filed with their 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 Terry Hanson on behalf of the Grand Forks Housing Authority and Grand Forks Homes, Inc. for final approval of the plat of Promenade First Addition to the city of Grand Forks, North Dakota, including a variance from Section 18-0907(2)(I) relating to the width of rights of way (located at 6th Avenue North, 10th Avenue North, North 53rd Street and North 55th Street) and designate the plat as an affordable housing area, with recommendation to give final approval to the plat, including a variance from Section 18-0907 (2)(I) relating to the width of rights of way; waiver of the seventy-five (75) lot rule in the City's Affordable Housing Rules adopted April 7, 1997; and subject to the conditions shown on or attached to the review copy; designate the plat as an affordable housing district, and give final approval to an ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3979,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON REPLAT OF
DEACON'S GARDENS 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 Deacon's Gardens Addition (being a Replat of Block 1, Lot 6, Kannowski's First Addition), Grand Forks, North Dakota", which had been introduced on its first reading on March 17, 2003 and the 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, there were no comments and the hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from Dee Phaneuf on behalf of Deacon's Development, LLP and RJ Zavoral and Sons, Inc. for reconsideration of the final approval of a Replat of Deacons Gardens Additions, being a replat of Block 1, Lot 6, Kannowski's First Addition), Grand Forks, North Dakota (located at 2500 62nd Avenue South), Grand Forks, North Dakota, with recommendation to give final approval to the plat, including an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik to approve the recommendation. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT
PAVING PROJECT NO. 5489, DISTRICT NO. 591

The staff report from the engineering department relating to creating district for Project No 5489, District No. 591, paving South 34th street from 36th Avenue south to Ruemmele Road and Ruemmele Road from 34th Street to 40th Avenue South, 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. 5489, District No. 591.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8272 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5489, DISTRICT NO. 591

The city auditor presented and read the engineer's report on Paving Project No. 5489, District No. 591: Document No. 8273 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5489, DISTRICT NO. 591

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 8274 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5527, DISTRICT NO. 421

The staff report from the engineering department relating to creating special assessment district for Project No. 5527, District No. 421, Southbrook area sanitary sewer, 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. 5527, District No. 421.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8275 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.,
5527, DISTRICT NO. 421

The city auditor presented and read the engineer's report on Sewer Project No. 5527, District No. 421: Document No. 8276 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5527, DISTRICT NO. 421

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8277 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5528, DISTRICT NO. 277

The staff report from the engineering department relating to creating special assessment district for Project No. 5528, District No. 277, Southbrook area watermain, 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. 5528, District No. 277.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8278 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT NO.,
5528, DISTRICT NO. 277

The city auditor presented and read the engineer's report on Watermain Project No. 5528, District No. 277: Document No. 8279 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, WATERMAIN PROJECT NO. 5528, DISTRICT NO. 277

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8280 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5529, DISTRICT NO. 422

The staff report from the engineering department relating to creating special assessment district for Project No. 5529, District No. 422, Southbrook area storm sewer, 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. 5529, District No. 422.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8281 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.,
5529, DISTRICT NO. 422

The city auditor presented and read the engineer's report on Sewer Project No. 5529, District No. 422: Document No. 8282 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5529, DISTRICT NO. 422

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8283 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, PAVING PROJECT NO. 5504, DISTRICT NO. 590

The city engineer's estimate of total cost of this construction of paving on Cherry Street from Southend Drainway to 55th Avenue South, in the amount of $246,719.00, was presented and read.

The staff report relating to approval of plans and specifications for Project No. 5504, District No. 590, paving cherry Street from Southend Drainway to 55th Avenue South, with recommendation to approve plans and specifications for Project No. 5504, District No. 590.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and further that the city auditor be direct to advertise for bids on the project. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8284 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5501, DISTRICT NO. 417

The city engineer's estimate of total cost of this construction of sanitary sewer on 55th Avenue South from Cherry Street to east edge of LeClerc's Addition, in the amount of $320,138.50, was presented and read.

The staff report relating to approval of plans and specifications for Project No. 5501, District No. 417, sanitary sewer on 55th Street from Cherry Street to east edge of LeClerc's Addition, with recommendation to approve plans and specifications for Project No. 5501, District No. 417.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and further that the city auditor be direct to advertise for bids on the project. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8285 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, WATERMAIN PROJECT NO. 5502, DISTRICT NO. 275

The city engineer's estimate of total cost of this construction of paving on Cherry Street from Southend Drainway to 55the Avenue South, and on 55th Avenue South from Cherry Street to east edge of LeClerc's Addition, in the amount of $216,730.80, was presented and read.

The staff report relating to approval of plans and specifications for Project No. 5502, District No. 275, watermain on Cherry Street from Southend Drainway to 55th Avenue South and on 55th Avenue South from Cherry Street to east edge of LeClerc's Addition, with recommendation to approve plans and specifications for Project No. 5504, District No. 590.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and further that the city auditor be direct to advertise for bids on the project. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8286 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Carried 5 votes affirmative.

APPROVE REQUEST FROM XCEL ENERGY FOR POWER
LINE EASEMENT, PROJECT NO. 5217

The staff report from the engineering department relating to request from Xcel Energy for power line easement related to Project No. 5217, 32nd Avenue and Columbia Road Reconstruction with recommendation to authorize donation of an Xcel Energy power line easement (cost of $2,242.50).

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE CONTRACT FOR PROJECT NO. 4769, RAW
WATER INTAKE AND TRANSMISSION PIPELINES, PART II

The staff report from the engineering department relating to consideration of bids for Project No. 4769, raw water intake and transmission pipelines, Part II, with recommendation to approve award of contracts to the lowest responsible bidders from the bid opening that was held May 7, 2003, contingent upon approval by the North Dakota Department of Health. Information presented by Advanced Engineering and Environmental Services, Inc. recommending award to the low bidders as follows: General Contract: $4,184,000.00 submitted by Construction Engineers, Ltd.; Mechanical Contract: $442,400.00 submitted by Lunseth Plumbing & Heating Company; and Electrical Contract: $1,285,825.00 submitted by Bergstrom Electric, Inc.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE CONDITIONAL USE PERMIT FOR NORTH
VALLEY CREMATORY, LLC AT 6233 GATEWAY DRIVE
SUBJECT TO APPROVAL OF SITE PLAN

The staff report from the Planning and Zoning Commission relating to the request from North Valley Crematory, LLD on behalf of Lori Gossard for approval of a conditional use permit for Lot 9, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks (located at 6233 Gateway Drive (Highway 2 West) for the purpose of constructing a human crematorium, with recommendation for final approval of the conditional use permit subject to approval of a site plan.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.

APPROVE REPLAT OF LOT 7, BLOCK H, SUNBEAM
ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Mike Benson for final approval (fast track) of the Replat of Lot 7, Block H, Sunbeam Addition to the city of Grand Forks, ND (located at 211 Northridge Hills Court), with recommendation to give final approval to the replat, subject to conditions shown on or attached to the review copy.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT A, AND LOTS
D THROUGH K, AUDITOR'S RESUBDIVISION OF PART OF
BLOCK 4, RIVERSIDE PARK ADDITION

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 (fast track) of a replat of Lot A and Lots D through K, Auditor's Resubdivision of part of Block 4, Riverside Park Addition to the city of Grand Forks, ND (located in the 1600 block of former Riverside Drive), with recommendation for final approval of the request for final approval (fast track) of a plat of Auditor's 34th Addition to the city of Grand Forks, ND, which is a combination of the replat of Lots A and Lots D through K of Auditor's Resubdivision of part of Block 4, Riverside Park Addition, a replat of Lots 30-37, Block 4, Riverside Park Addition, Grand Forks, ND (located at 1602, 1604, 1610 and 1614 Lewis Blvds.; and a replat of Lots 42 and 43, Block 4 and Lots 1, 2, 28, 29, E and F, Block 14, Riverside Park Addition, to include a variance to the Subdivision Regulations relating to Minor Subdivisions.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS 6 AND 8,
BLOCK 2, OF REPLAT OF LOTS 1-20, BLOCK G AND LOTS
29-36, BLOCK F, SUNBEAM ADDITION

The staff report from the Planning and Zoning Commission elating to request from Advanced Engineering on behalf of the City of Grand Forks, ND for final approval (fast track) of a replat of Lots 6 and 8, Block W, of the replat of Lots 1 - 20, Block G and Lots 29-36, Block E, Sunbeam Addition (located at 4621 and 4629 Loamy Hills Drive), with recommendation to give final approval to the replat, subject to conditions shown on or attached to the review copy.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 3, BLOCK 1,
JOHNSON'S 4TH ADDITION, SUBJECT TO VARIANCE

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval (fast track) of a replat of Lot 3, Block1, Johnson's 4th Addition to the city of Grand Forks, ND, and to include a variance to the subdivision regulations relating to right of way access (located at 17th Avenue South and South 42nd Street), with recommendation to give final approval of the replat, to include a variance to the subdivision regulations relating to right of way access, subject to the amended conditions shown on or attached to the review copy.

ACCEPT PETITION FOR VACATION OF ASPEN CIRCLE
RIGHT OF WAY AND ADJACENT UTILITY EASEMENTS

The staff report from the Planning and Zoning Commission relating to the matter of the petition from D. J. parker, Profit Sharing Plan and Trust, to vacate all of Aspen Circle right of way and adjacent utility easements thereto, with recommendation for preliminary approval and set public hearing date as required by law.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik 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. (July 8, 2003). Carried 5 votes affirmative.

APPROVE RENAISSANCE ZONE PROJECT GF-7

The staff report from the Planning Department relating to Grand Forks Renaissance Zone Project GF-7, with recommendation to grant approval and direct staff to submit the project application to the Division of Community Services for its action.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5507, DISTRICT NO. 419

The staff report from the engineering department relating to creating special assessment district for Project No. 5507, District no. 419, Pembrooke area sanitary sewer, 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. 5507, District No. 419.

Al Grasser, city engineer, reported that this item along with items creating assessment districts for Sewer Project No. 5509 and Watermain Project No. 5508 and as they have been working with the developer, that they are running out of time in the construction season and also changing some of the assessment district boundaries to reduce the projects in the attempt to get the projects bid and completed this year, and enclosed in packets were revised special assessment district boundaries and engineer's reports to go with each of the districts.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8287 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5507, DISTRICT NO. 419

The city auditor presented and read the engineer's report on Sewer Project No. 5507, District No. 419: Document No. 8288 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5507, DISTRICT NO. 419

Council Member Gershman introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8289 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor brown declared the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5509, DISTRICT NO. 420

The staff report from the engineering department relating to creating special assessment district for Project No. 5509, District No. 420, Pembrooke area storm sewer, with recommendation to approve engineer's report, create special assessment district, direct engineering department o prepare plans and specifications and advertise for construction bids for Project No. 5509, District No. 420, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8290 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5509, DISTRICT NO. 420

The city auditor presented and read the engineer's report on Sewer Project No. 5509, District Nos. 420: Document No. 8291 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5509, DISTRICT NO. 420

Council Member Gershman introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8292 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5508, DISTRICT NO. 276

The staff report from the engineering department relating to creating special assessment district for Project No. 5508, District No. 276, Pembrooke area watermain, with recommendation to approve engineer's report, create special assessment district, direct engineering department o prepare plans and specifications and advertise for construction bids for Project No. 5508, District No. 276, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8293 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT NO.
5508, DISTRICT NO. 276

The city auditor presented and read the engineer's report on Watermain Project No. 5508, District No. 276: Document No. 8294 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, WATERMAIN PROJECT NO. 5508, DISTRICT NO. 276

Council Member Gershman introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8295 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND SPECI-

FICATIONS, PROJECT NO. 5488, DISTRICT NO. 418

The city engineer's estimate of total cost of the construction of sanitary sewer on 47th Avenue South, 1100 and 1200 blocks, in the amount of $156,085.00, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5488, District No. 418, 47th Avenue South sanitary sewer (1100 and 1200 blocks), with recommendation to approve plans and specifications for Project No. 5488, District No. 418, 47th Avenue South (1100 and 1200 blocks).

Mr. Grasser reported that this item along with item relating to request for funding sanitary sewer along 47th Avenue South cover the same item, that this was request from Mr. Crary for installation of a sanitary sewer along 47th Avenue South that would go from the end of the existing sewer across Washington to his planned new development on the west side of Washington Street, that they carried two concepts forward and that Project No. 5488 actually created a special assessment district to provide the funding of that sanitary sewer and that before you tonight is to approve the plans and specs. and that the time for request for funding sanitary sewer along 47th Avenue South is the original request from the developer that was tabled until today which asked for the City to install that under City funding, and council needs to pursue one or the other.

Council Member Kreun stated that when we developed the special assessment district is that the majority of the property that sewer line will service does not serve the entire affordable housing district. Mr. Grasser stated that the council did not act on the original request but tabled it and at the same time started the process for creating the special assessment district and future assessment district to install this under our current policy and procedures. He stated he was strong proponent of the trunk infrastructure process and procedure and part of him would like to see this go in as first test of trunk line infrastructure however, he does recognize that this isn't budgeted and in looking at finances and current policies suggest that we proceed with special assessment installation of that project. He noted that when they created this district, they ended up being future assessments rather than tapping fee.

It was moved by Council Member Kerian and seconded by Council Member Kreun that the recommendation be approved. Carried 5 votes affirmative.

Council Member Kerian introduced the following resolution, which was presented and read: Document No. 8296 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Carried 5 votes affirmative.

DENY REQUEST FOR FUNDING OF SANITARY SEWER
ALONG 47TH AVENUE SOUTH

The staff report from the engineering department relating to request for funding of sanitary sewer along 47th Avenue South, with recommendation for consideration of request for trunk line sanitary sewer installation with funding from the Wastewater Fund.

It was moved by Council Member Kreun and seconded by Council Member Kerian to deny the request. Carried 5 votes affirmative.

APPROVE CONDITIONAL USE PERMIT AT 3903 GATEWAY
DRIVE FOR PERIOD OF TEN (10) YEARS

The staff report from the Planning and Zoning Commission relating to the request from Malcolm Bergh and Francis Muir for approval of a conditional use permit as provided for by the Land Development Code, Section 18-0216 B-3 (General Business) District, subsection (3) Conditional Use, paragraph (G) Machinery Sales and Service, subject to special conditions in subsection (11)(A) Block 1, Lot 1, Jordan Addition (located at 3903 Gateway Drive), with recommendation for approval of the request for approval of a conditional use permit, subject to special conditions in subsection (11)(A), Block 1, Lot 1, Jordan Addition, subject to the following Conditional Use Permit conditions:
1. Equipment displayed in any portion of the parking lot abutting the Gateway Drive frontage road shall be parked no closer than ten (10) feet from the front yard property line. Cement parking blocks or similar types of barrier devices shall be used to separate the displayed equipment from the front yard property line.
2. A fire access lane of a minimum of twenty-two (22) feet in width shall be provided on the north, west, and south sides of the principal building. The existing 19-foot fire access lane shall be retained on the east side of the principal building. Equipment shall not be displayed on the east side of the principal building and parking shall be prohibited due to the fire access lane.
3. Equipment displayed on the west side shall be parked no closer than five (5) fee from the side yard property line.
4. The property owner shall provide off-street parking as required by Section 18-0302 of the Grand Forks City Code.
5. Conduct a conditional use permit evaluation for conformance with approval conditions in 5 years. If the conditions established are not adhered to, the city council may revoke the conditional use permit.

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

It was moved by Council Member Kreun and seconded by Council Member Kerian that item 5. be for a term of ten (10) years rather than five years.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 5 votes affirmative.

ACCEPT PETITION TO VACATE PORTION OF 49TH
AVENUE SOUTH, BEING SOUTHERLY 90 FEET OF LANDS
PLATTED AS GRAND FORKS CHRISTIAN SCHOOL ADDITION

The staff report from the Planning and Zoning Commission relating to the petition from LPF Properties, LLC for approval to vacate 49th Avenue South being the southerly 90 feet of lands platted as Grand Forks Christian School Addition to the city of Grand Forks, ND, more particularly known as the 49th Avenue South right of way and the utility easement 10 feet north thereof, all west of Cherry Street, with recommendation to give preliminary approval to the petition to vacate, and set a public hearing date as prescribed by law.

Barry Brode, 792 Barley Court, stated that other individuals from their neighborhood were present this evening, and stated that their intent is not to stop this development, but that that this item has been for their neighborhood quite a bit of frustration over the last three years, that it was unfortunate that the Christian School was not able to raise the money to complete their building, construction started a while ago and then stopped, and building has been boarded up and piles of sand that have been there since construction stopped and has become an eyesore in their area. He stated they are supportive of development in this area, of 26 duplex units and 32 townhomes which was indicated in the letter from Planning Department, that areas has been comfortable and quiet area and want to see it developed but do have 6 concerns and will come to council with petition with signatures of those who have concerns:
1) density - that this is an area of 8.21 acres of land and to pack so many people into that amount of space; south of that area are some condos or twin-homes and that was large area and density is not the same as what they are seeing and what is proposed here.
2) rental units - while not criticizing rental units but times when upkeep of rental unit is not the same as where have an area of single-family homes. He stated he is an employee of the University of North Dakota, but at recent meeting they are expecting a record enrollment next year - 13,200 students and even with the potential purchase of a local hotel, still be short 200 beds, and this area is good possibility for students to live. Those in the neighborhood welcome students to their community, but students lead a very different lifestyle and sometimes go late into the evening and have a little concern about that.
3) aesthetics - that from the drawing they have seen the townhome units don't seem to fit the style of the development that is south of that area, nor does it fit in with the rest of the neighborhood.
4) traffic - it seems there will be quite a bit of increase traffic on Cherry Street, and that many of the units would have driveways that go directly onto Cherry Street, most of their homes have backyards that go up to Cherry Street, and in area of townhomes they only see one outlet, in and out, for 32 homes and bottleneck there, and wondering if possible to move that access to 47th Avenue South.
5) safety - parking on streets and don't have that now on Cherry Street and lot of children in the area.
6) devaluation of the homes in the area - that oftentimes rental units can have high turnover.

Council Member Hamerlik stated he had questions on density and the zoning of the property. Mr. Potter stated they are researching that information but will have it in time to do some discussion with the neighbors on these issues prior to the Planning Commission meeting and before it comes back to council.

It was moved by Council Member Kerian and seconded by Council Member Kreun 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, and that a notice of public hearing be published as required. (July 7, 2003)

Michael Nelson, 762 Barley Court, stated his backyard faces this development, and his opinion is that they have made their approval, that trees are being planted, and assuming it is going through.

Kevin Pierce, representing LPF Properties, stated they are not coming in to disrupt the neighborhood and if their plan can go through, doing every effort to make it look better, hoping that this plan will go through, and came across some trees that had to be moved early, and are better than what was there, if building goes down it will be a big improvement. He stated they have taken every step they can do to secure the buffer zones, been through Planning and Zoning and had replat of property, and noted that there is only one access to Cherry Street, but that is because of the restrictions of the roads entering Cherry Street, nothing that they have imposed, and to make the lots affordable they have laid out 26 twin-home lots that are for sale or private ownership, and are currently trying to work with engineering and have had to drop from 8 buildings to 7 buildings and put in a holding pond for drainage; and that their real intentions is that these are higher end townhomes, whether they rent or sell, don't anticipate renting to students that party all night long. Aesthetics, are trying to make them look best they can, and doesn't think there will be more traffic there, have less units. Density is required by the zoning, R-3, and is actually 16 units per acre and this is zoned with special provisions at 8 units per acre and would be entitled on this 8 acres to put in 64 units, and have put in on 8 acres 54 units and below the restricted limitations. He stated he doesn't see a safety problem there, and re. property values, would like their values to stay up as well as the neighborhood.

After further discussion and upon call for the question and upon voice vote, the motion carried 5 votes affirmative.

INTRODUCE ORDINANCE TO AMEND STREET &
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF NORTH PINES
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Kevin Pierce in behalf of LPF Properties, LLC for preliminary approval of a plat of North Pines Resubdivision to the city of Grand Forks, North Dakota (located in the 4800 block of Cherry Street), with recommendation for preliminary approval to the plat, including an ordinance amending the Street and Highway Plan, subject to the amended conditions shown on or attached to the review copy, and set a public hearing for June 16, 2003.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, ND, to include the public rights of way shown as dedicated on the plat of North Pines Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading

ATTENDANCE REPORT - INFORMATION

The city council attendance report for the period January 1, 2003 through March 31, 2003, was presented to the city council for their information.

APPROVE BILL LISTING

Vendor Payment No. 03-10, dated May 16, 2003, totaling $1,472,650.51, was presented and read. It was moved by Council Member Gershman and seconded by Council Member Kerian 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, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES MAY 5, AND SPECIAL MEETINGS
OF MAY 12 AND MAY 12, 2003

Typewritten copies of the minutes of the city council meeting held on Monday, May 5, 2003 and of the two special meetings of the city council held on Monday, May 12, 2003, were presented and read. It was moved by Council Member Kreun and seconded by Council Member Gershman that these minutes be approved. Carried 5 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Brooks stated they will be convening Safety/Service Standby Committee to discuss issues re. space for PSAP.

2) Council Member Hamerlik presented reminder on attendance report, they were to include code or footnotes to indicate, T (telephone), but sometimes council members are excused because of city business and should have that as footnote.

3) Council Member Kerian stated that Waste Management had put out hangers re. changes in recycling and hope people will take advantage of that.

4) Council Member Kreun asked if they could schedule the Safety/Service meeting in the near future. and also on the Uniform Relocation Appeal Committee questioned time of the meeting. Notification will be given.

5) Council Member Gershman stated that when meeting notices were sent out last week, inadvertently a meeting that the city council will be convening the two committee standby committee will be meeting at 5:00 p.m. on Thursday to begin to discus the budget and those meetings will be taken place on Thursdays at 5:00 p.m. until come up with resolution.

He stated that on Thursday this past week he had the honor to represent Mayor Brown at Police Memorial Week there was a ceremony at the Police Department, and congratulated Chief Packett on a very moving ceremony, and was a time to remember those officers that have lost their lives in our country, but also to thank those that do the work every day.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Hamerlik to adjourn. Carried 5 votes affirmative.

Respectfully submitted,

Candi Stjern
Acting City Auditor

Approved:
______________________________
Michael R. Brown, Mayor