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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 17, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 17, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik (teleconference), Glassheim, Christensen, Kerian, Kreun, Gershman - 7; absent: none.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown commented on various events during the past week and upcoming events:
He extended sympathies to the family of Erika Dahlquist in this bittersweet time, that our community is aware of the effects of such a tragedy and loss.
In honor of our local Norwegians and our growing relationship with Sarpsborg, Norway, wished everyone a happy Syttende Mai which is equivalent of our July 4, and that he had lunch with the Sons of Norway today to celebrate and served 550 people this afternoon and the food was fantastic.
He stated it was important to recognize and support the individual businesses in our community and on Saturday attended the Sears grand re-opening and thanked company and the local administrators for inviting him; that Sears employs 111 people and also had the opportunity to attend the ND Entrepreneurs Hall of Fame last week, and our University gives people confidence and ability to achieve great things. He stated he also recognized and congratulated Randy Brown for being recognized as Entrepreneur of the Year. He stated there is one more chance to recognize small business this week, at the Small Business Awards presentation on Wednesday.

He thanked service providers for Seniors for inviting him to be part of their annual Favorite Person essay presentation this week, and that he and Mayor Stauss had wonderful time listening to the stories and invited the essay winners to come forward and share their works: Jane, Lewis and Clark School. and Lacy, West School.

PRESENTATION RELATING TO PROFESSIONAL
ASTRONOMICAL OBSERVATORY

Paul Hardersen, Department of Space Studies, University of North Dakota, made a brief presentation on the professional astronomical observatory which when it is built will be a positive impact to Grand Forks and the vision they have is to make this a community project, ultimately a state-wide and regional project because their goal is to build the largest observatory in the upper Midwest. The main reason is for research and technology development, for teaching and public outreach, and research enhanced because no similar facility in the entire state. He stated his goal was to get the community completely involved behind this; and building will be community meeting place where everybody can go to and utilize; and will bring UND into the astronomy world. He noted that their site is reasonably dark but have a little bit of sky-glow from Grand Forks and some from the Base, and don't want sky-glow to get any worse. He stated the cost of the project is $1.86 million with couple hundred thousand for instrumentation and will take 3 years to build); and will operate throughout the year; and internet access will make it state-wide resource. He stated educationally they have a lot of support, have colleges, universities and public school systems from western MN and throughout the entire state of ND behind this project. He stated they are working to raise money and that he is approaching a lot of private foundations and going to submit a National Science Foundation proposal next month and also a private donation program in an effort to get the community involved and small contributions and state and federal participation. He stated the Mayor has already signed a letter of support that will help with the NSF funding they are going to try to get and whether there is any funding the City can try to contribution is promoting the project generally and try to do some work with the Convention & Visitors Bureau to work with them so that they will know about it. He also had mentioned the light issue and asked to get a study group developed to look at the issue of lighting in the city because he doesn't want the lighting to get any worse than it is now and there are a lot of examples around the country where lighting has been adapted and lighting shielding to make lighting more efficient and cost effective and would be very willing to work with the City on the issue of a study group to look into this issue. He stated he hopes to have the funding by next year and get the contracts out and the building started in 2007 and be operational by the beginning of 2009 and is working to provide the money and that any help that the City is willing to provide orally or otherwise would be appreciated. He stated this is an effort to make the city "grander" and make our community more attractive and another way to bring people to our area.

Council Member Gershman questioned why they chose that particular piece of land near the Base for the observatory because the Base throws off a tremendous amount of light. Mr. Hardersen stated that lighting in Grand Forks is worse than the Base lighting; and that the land was owned by the University, that they did look at land in the western part of the state but that a large part of this is going to be training and education and if locate in the western part of the state, they would have had to buy that land, and overhead and extra costs of construction as well as annual operations and personnel much higher.

PRESENTATION RE. WAFFLE PLAN

Bethany Bolles, EERC, Project Manager for the Waffle Plan, reported that after the 1997 flood the EERC began campaigning to get funding to look at an innovative approach to help mitigate large scale springtime flood events, that they received funding from the USDA Natural Resources Conservation Service in 2002 to look at technical and economic feasibility as storing water temporarily on ag land in various areas for short periods of time during the spring to help prevent large events like 1997. She stated they have several major components to this study and probably key thing is developing computer/ hydrologic models that will allow them to look at storing water on ag land that is bounded by raised roads and what the effects of that water would be on reducing floods and to determine if there is enough land or storage areas available to have an effect; that there are 28 watersheds available in the Red River Basin and the U.S. portion of the Red River Basis is 40,000 sq. miles and extends on the east to Red Lakes and west side to Devils Lake and of the 28 water sheds they are developing models for 27 of those, not developing a model for the Devils Lake Basin because it is not contributing but may in the future. She stated they will be done building the existing condition models by the end of this year and build in different waffle storage scenarios into those and see what the effects are. She stated it would provide an augment to the protection that already exists.

She stated in addition to looking at water storage in reducing flooding, they can also be used to look at water quality, alternative farm management practices and effects on water quantity and quality, also riparian restoration. She noted they have met with a variety of agencies and groups water boards and watershed agencies and farm service agency offices, NRCS offices, water conservation districts and met with township officer association, county commissioners and city councils and to get input. They have two advisory boards and citizens advisory board.

Council Member Gershman stated this has world-wide implications because California needs something like this if it works, China and all over the world so the work that is being done here is extremely significant; and important thing to remember is that this is a study, trying to see if it works. Ms. Bolles stated this could potentially have great benefits during drought, and droughts have been more costly in terms of damages than floods and this could be a means for storing that water during the spring to increase soil moisture and multiple benefits to water quality and other areas

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO. 4013,
AMENDING THE STREET AND HIGHWAY PLAN TO INCLUDE
THE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
FAIRGROUNDS THIRD RESUBDIVSIION

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 Fairgrounds Third Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 19, 2004, and upon which public hearing was 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 to date he had received no written protests on this matter.

Mayor Brown called upon the audience to see 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 Commission relating to the request from Jerry Pribula on behalf of Grand Forks County for final approval of Fairgrounds Third Resubdivision, being a replat of Lot 1, Block 4 of a Replat of Block 4 of Fairgrounds Subdivision to the city of Grand Forks, North Dakota (located at U.S. Highway 81, North Columbia Road and Gateway Drive), with recommendation for final approval to the resubdivision, subject to conditions shown on or attached to the review copy.

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

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

ADOPT ORDINANCE NO 4014, AMENDING ZONING MAP
TO INCLUDE WITHIN SHADY RIDGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
SHADY RIDGE ESTATES FIRST ADDITION, SHADY RIDGE
ESTATES SECOND ADDITION, SHADY RIDGE THIRD ADDNITION,
SHADY RIDGE ESTATES FOURTH RESUBDIVISION, SHADY
RIDGE FIFTH RESUBDIVISION, SHADY RIDGE ESTATES SIXTH
ADDITION, GREENWOOD SUBDIVISION, AND TO INCLUDE
PORTIONS OF SECTION 26, T151N, R50W OF PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Shady Ridge PUD (Planned Unit Development), Concept Development Plan and to include within the Shady Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Shady Ridge Fifth Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 19, 2004, and upon which public hearing was 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 to date he had received no written protests on this matter.

Mayor Brown called upon the audience to see 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 and Zoning Commission relating to the request from Jon Ramsey on behalf of Lavonne K. Adams for final approval of an ordinance to amend the zoning map to exclude from the Shady Ridge PUD (Planned Unit Development), Concept Development Plan and to include within the Shady Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No 1, all of Shady Ridge Estates First Addition, Shady Ride Estates Second Addition, Shady Ridge Third Addition, Shady Ridge Estates Fourth Resubdivision, Shady Ridge Estates Fifth Resubdivision, Shady Ridge Estates Sixth Addition, Greenwood Subdivision, Grand Forks, North Dakota, and also to include unplatted portions of Section 26, Township 151 North, Range 50 West of the 5th Principal Meridian, with recommendation to amend the zoning map to give final approval to the ordinance attached to the staff report (which includes the above Shady Ridge additions and resubdivisions, etc.) and subject to the technical changes shown on or attached to the review copy.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation and the amendments to the ordinance be approved. Carried 7 votes affirmative.

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

APPROVE JOINT POWERS AGREEMENT FOR COMBINING
CITY ELECTION WITH PRIMARY ELECTION

The staff report from the finance department relating to the joint powers agreement for combining city election with primary election, with recommendation to authorize proper city officials to execute the document.

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

APPROVE APPLICATIONS FOR EXEMPTION OF REMODELING
IMPROVEMENTS TO RESIDENTIAL BUILDINGS

The staff report from the assessor's office relating to applications for exemption of remodeling improvements to residential buildings at 1) 2215 Fallcreek Court, and 2) 519 North 7th Street; with recommendation to grant exemptions of increased value for 3 years.

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

ADOPT RESOLUTION WAIVING REQUIREMENTS
FOR ADVERTISING AND PUBLIC SALE AND TRANSFER
OF PROPERTY

The staff report from the assistant city attorney relating to the Grand Forks Flood Protection Project, transfer of remainder of Lot 13, Block 3, Rivers Edge Resubdivision to Leslie Sullivan and Richard Hayes, with recommendation as follows: 1) adoption of a declaration of the remainder of Lot 13, Block 3, Rivers Edge Resubdivision, Grand Forks, North Dakota, as surplus property; and 2) adoption of resolution waiving the requirements for advertising and public sale pursuant to Grand Forks City Code 2-0402(5)(D) and authorizing the transfer of the remainder of Lot 13, Block 3, Rivers Edge Subdivision to Leslie Sullivan and Richard A. Hayes.

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

Council Member Kerian introduced the resolution waiving the requirements for advertising and public sale of real property and authorizing the sale of real property: Document No. 8526 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Carried 7 votes affirmative.

APPROVE BUDGET AMENDMENT, INSPECTIONS

The staff report from the building and zoning administrator relating to the budget amendment request, with recommendation to approve Inspection budget Amendment No. 1 (in the amount of $15,989 from cash carryover to cars and light -duty trucks.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5603, DISTRICT NO. 602

The city engineer's estimate of total cost of the construction of paving in Birkholz Homestead Addition, on Lydia Circle, in the amount of $105,507.15, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5603, District No. 602, Birkholz Homestead Addition paving (Lydia Circle), with recommendation to approve plans and specifications for construction of Project No. 5603, District No. 602, and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8527 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5653, DISTRICT NO. 598

The city engineer's estimate of total cost of the construction of paving in Columbia Park 29th Addn., on Pembrooke Drive, Brookshire Drive and Pendleton Drive, in the amount of $241,210.99, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5653, District No. 598, Columbia Park 29th paving, Pembrooke Drive, Brookshire Drive and Pendleton Drive, with recommendation to approve plans and specifications for construction of Project No. 5653, District No. 598, and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8528 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5669, DISTRICT NO. 601

The city engineer's estimate of total cost of the construction of paving in Southbrook Addition, Phase II, on Curran Court, in the amount of $120,947.40, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5601, District No. 601, Southbrook Addition paving Phase II (Curran Court), with recommendation to approve plans and specifications for construction of Project No. 5669, District No. 601, and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8529 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT
NO. 5604, DISTRICT NO. 281

The city auditor presented and read tabulation of bids which had been received and opened on May 3, 2004, for Watermain Project No. 5604, District No. 281, watermain on South 42nd Street and 36th Avenue South, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amount of $95,485.00: Document No. 8530 - Tabulation of bids.

The city engineer's estimate of total cost on Watermain Project No. 5604, District No. 281, in the amount of $78,340.00 ($95,485.00 less City share of $33,800.00), was presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 5604, District No. 281, watermain on South 42nd Street and 36th Avenue South, with recommendation to award contract to low bidder, Soberaski, Inc., in the amount of $95,485.00.

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

Council Member Kerian introduced the following resolution which was presented and read: Document No. 8531 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution awarding the contract for Watermain Project No. 5604, District No. 281, to Soberaski, Inc. be adopted. Upon roll call the following voted aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and
the contract awarded


APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5555, TCSP
GREENWAY/BIKEWAY ENHANCEMENTS, PHASE 2

The staff report from the engineering department relating to the three-way construction engineering services agreement for Project No. 5555, TCSP Greenway/Bikeway Enhancements, Phase 2, with recommendation to approve the agreement with the ND Department of Transportation and Webster, Foster & Weston for construction engineering services in the amount of $37,989.25, contingent on concurrence by the NDDoT.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the agreement approved.
APPROVE AMENDMENT NO. 1, FLOOD DAMAGE
REDUCTION AND RECREATION PROJECT FOR ALLOWING
ADVANCE FUNDING, PROJECT NO. 4704

The staff report from the engineering department relating to Amendment No. 1 to Project Cooperation Agreement (PCA) between the Department of the Army and the City of Grand Forks and the City of East Grand Forks for the Flood Damage Reduction and Recreation Project for purposes of allowing advance funding, Project no. 4704, with recommendation to approve Amendment No. 1 to the PCA contingent upon review by the city attorney.

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

APPROVE AGREEMENT WITH NODAK ELECTRIC
COOPERATIVE FOR PROJECT NO. 5635, FLOOD
PROTECTION PROJECT, PHASE 4, UTILITY RELOCATES

The staff report from the engineering department relating to Utility Relocation Agreement with Nodak Electric Cooperative for Project No. 5635, Grand Forks Flood Protection Project, Phase 4, Utility Relocates, with recommendation to approve agreement with Nodak Electric Cooperative, to relocate their facilities as needed for Phase 4 of the Flood Protection Project, contingent upon review of city attorney.

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

APPROVE AGREEMENT WITH GRAND FORKS TRAILL WATER
DISTRICT, PROJECT NO. 5635, GRAND FORKS FLOOD
PROTECTION PROJECT, PHASE 4, UTILITY RELOCATES

The staff report from the engineering department relating to utility relocation agreement with Grand Forks-Traill Water District for Project No. 5635, Grand Forks Flood Protection Project, Phase 4, Utility Relocates, with recommendation to approve agreement with Grand Forks-Traill Water District to relocate their facilities as needed for Phase 4 of the Flood Protection Project contingent upon review of city attorney.

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

APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5456, DISTRICT
NO. 416, LIFT STATION 89 REHABILITATION

The staff report from the engineering department relating to Amendment No. 2 to engineering services agreement for Project No. 5456, District No. 416, Lift Station 89 Rehabilitation, with recommendation to approve Amendment No. 2 with Webster, Foster & Weston for additional construction administration services in the amount of $24,306.30.

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

APPROVE 2004 SIDEWALK REPAIRS, PROJECT NO. 5572

The staff report from the engineering department relating to location list for Project No. 5572, 2004 Sidewalk Repairs, with recommendation to approve the 2004 Sidewalk Repair list.

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

APPROVE BUDGET AMENDMENT REQUEST,
ENGINEERING

The staff report from the engineering department relating to budget amendment request in the amount of $51,873.00 from budget carryover to capital cars and light duty trucks and capital general equipment, with recommendation to approve engineering budget amendment No. 2.

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

2004 AFFORDABLE IN-FILL HOUSING PROGRAM

The staff report from the urban development director relating to 2004 affordable in-fill housing program, with recommendation to approve proposals and convey the surplus lots to developers per the review committee's recommendation (must be approved by vote of a five-member minimum).

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 22-27,
BLOCK 2, PROMENADE FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from Bobbi Hepper-Olson on behalf of the Grand Forks Housing Authority for final approval (fast track) of the Replat of Lots 22 through 27, Block 2, Promenade First Addition to the city of Grand Forks, North Dakota (located in the 5300-5400 blocks of 6th Avenue North. The request includes a variance from the Land Development Code, Article 2, Zoning, Section 18-0204(2) definition of a minor subdivision - limiting the number of lots to five, with recommendation for final approval of the plat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF BLOCK 3,
DEACON'S GARDEN ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Deacon's Development for final approval (fast track) of a replat of Block 3, Deacon's Garden Addition to Grand Forks, North Dakota (located at South Columbia Road and 62nd Avenue South), with recommendation to give final approval to the replat, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF EASEMENT
BETWEEN LOTS 2 AND 3, BLOCK 1 AND LOTS 5 AND
6, BLOCK 1, SHADY RIDGE ESTATES FIFTH RESUB-
DIVISION

The staff report from the Planning and Zoning Commission relating to petition from Pribula Engineering and Surveying on behalf of Lavonne Adams for approval to vacate the 25-foot storm sewer easement 12.5 feet on either side of the line between Lots 2 and 3, Block 1, and Lots 5 and 6, Block 1, Shady Ridge Estates Fifth Resubdivision, Grand Forks, North Dakota (located in the 5000 to 6000 blocks of Adams Drive), with recommendation to give preliminary approval to the petition to vacate and set a public hearing date as prescribed by law.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, June 21, 2004. Carried 7 votes affirmative.

APPROVE PRELIMINARY PLAT OF REPLAT OF ALL OF
SHADY RIDGE FIFTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Lavonne K. Adams for preliminary approval of the replat of all of Shady Ridge Fifth Resubdivision to the city of Grand Forks, North Dakota (located at the intersection of Adams Drive and Shady Ridge Court, with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND THE STREET AND
HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF PROMENADE SECOND
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Bobbi Hepper-Olson on behalf of the Grand Forks Housing Authority for preliminary approval of the plat of Promenade Second Resubdivision to the city of Grand Forks, North Dakota (located between 6th Avenue North and 8th Avenue North and between North 53rd Street and North 55th Street, with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including preliminary approval of an ordinance amending the Street and Highway Plan and set a public hearing for June 21, 2004.

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

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

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN PERKINS THIRD PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3, LOTS 26-33, BLOCK 2, PERKINS
FOURTH ADDITION AND ADJ. VACATED PINE CIRCLE
AND ALL OF PERKINS EIGHTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Scott Stauss on behalf of the Hampton Corporation for preliminary approval of an ordinance to amend the zoning map to exclude from the Perkins 3rd PUD (Planned Unit Development) Concept Development Plan Amendment No. 2, and include in the Perkins 3rd PUD (Concept Development Plan), Amendment No. 3, a replat of Lots 26 to 33, Block 2, Perkins Fourth Addition and adjacent vacated Pine Circle thereto, and all of Perkins Eighth Resubdivision to the city of Grand Forks, North Dakota (located in the 3000 block of 40th Avenue South, with recommendation to give preliminary approval to the ordinance, subject to the technical changes shown on or attached to the review copy, and schedule a public hearing for June 21, 2004.

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

Council Member Gershman introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment 2, and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Lots 26-33, Block 2 of Perkins Fourth Addition and adjacent vacated Pine Circle and all of Perkins Eighth Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE PRELIMINARY PLAT OF PERKINS TENTH
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Scott Stauss on behalf of the Hampton Corporation for preliminary approval of Perkins Tenth Resubdivision, being a replat of Perkins Fourth Addition Lots 26 to 33, Block 2 to the city of Grand Forks, North Dakota (located in the 3000 block of 40th Avenue South), with recommendation to give preliminary approval of the plat of Perkins Tenth Resubdivision, subject to the conditions shown on or attached to the review copy.

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

APPROVE BIDS FOR STREET DEPARTMENT EQUIPMENT

The staff report from the director of public works relating to Street Department tandem truck and truck box and hoist bids, with recommendation to approve bids as follows: 1) tandem truck - $56,222.00 - Wallwork Truck Center, and 2) truck box and hoist - $14,542.00 - Truck Utilities-ND, for a total expenditure of $70,764.00.

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

REFER MATTER OF REQUEST TO INCREASE FEES FOR
TAXI FARE TO COMMITTEE

The staff report from the finance department relating to request by Grand Forks Taxi to amend Grand Forks City Code Section 21-0311 to increase the fee for the first one-eighth (1/8) mile or portion thereof to $2.25 from $1.75, with recommendation to discuss the request and take action to approve or deny.

It was moved by Council Member Christensen and seconded by Council Member Brooks to refer this request to the finance/development standby committee. Carried 7 votes affirmative.

APPROVE ELIMINATION OF TEMPORARY LEVEES
AND AUTHORIZE AGREEMENT WITH UNIVERSITY OF
NORTH DAKOTA FOR MAINTENANCE OF PUBLIC BIKEWAY/
WALKING PATH ALONG PORTION OF ENGLISH COULEE

The staff report from the Planning and Engineering Departments relating to authorization for elimination of temporary levees along the English Coulee between Gateway Drive and 6th Avenue North and along Gateway Drive between Ralph Engelstad Arena Drive and Columbia Road, with recommendation to approve elimination of the temporary levees along the English Coulee between 6th Avenue North and Gateway Drive and along Gateway Drive between Ralph Engelstad Drive and Columbia Road and authorize the mayor to sign an agreement with the University of North Dakota that: 1) transfer the temporary levee dirt to the University of North Dakota in exchange for the University of North Dakota assuming ownership, operation, maintenance, repair and replacement of the existing public bikeway/walking path and lights along the English Coulee between 6th Avenue North and Gateway Drive; and 2) the University of North Dakota agrees to maintain and keep open to the public the bikeway/ walking path and lights along the English Coulee between 6th avenue North and Gateway Drive subject to alignment adjustments approved during the City's site plan review and approval process.

It was moved by Council Member Kerian and seconded by Council Member Glassheim that this recommendation be approved.
Council Member Gershman stated concern that when construction starts that some potential home owners might not want a bikepath behind their house and asked if this could be recorded so that it would show up when people buy property there. Mr. Swanson stated that the agreement is properly written to include legal descriptions, and could be recorded and tracked or indexed against the parcels and that would give as good a notice as would be available.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

ACCEPT AND APPROVE FINAL ENVIRONMENTAL
IMPACT STUDY (EIS) FOR THE GRAND FORKS MUNICIPAL
SOLID WASTE BALEFILL FACILITY

The staff report from the director of public works relating to final environmental impact study for the Grand Forks Municipal Solid Waste Balefill Facility, with recommendation to accept and approve the Final Environmental Impact Study (EIS) for the Grand Forks Municipal Solid Waste Balefill Facility and authorize proper officials to present the EIS documents to the Turtle River Township Board of Supervisors/Zoning Commission and request that a hearing be granted for its petition for issuance of a conditional use permit from the Grand Forks County Planning Commission and Turtle River Board of Supervisors/Zoning Commission. The city auditor read the supplemental resolution approving the final Environmental Impact Study for the Grand Forks Municipal Solid Waste Balefill Facility, requesting public hearings upon application for a conditional use permit and to make application for such permits, was presented and read: Document No. 8532 - Resolution.

Mayor Brown stated that the Turtle River Township Board has requested an Environmental Impact Study from the City of Grand Forks and that is what making available tonight and that is the issue before us.

Todd Feland, director of public works, stated we are seeking authorization to move forward to the public hearings as stated in the resolution, and to begin the permitting process from the ND State Health Department and any other permitting process that are required, that tonight is first step to get us to a public hearing and to get our issue heard in front of the bodies that we need for zoning approval and for environmental approval for a solid waste permit. It was noted that this is not a public hearing but moving it towards a public hearing. Mr. Feland stated there will be two public hearings, one with the County and one with the Turtle River Township Board of Supervisors.

Mayor Brown stated he had several citizens who would like to address this issue, and the issue is to move this forward to a public hearing and that this is not public hearing.

The following individuals presented their protests to the landfill site location, requesting the City to look at alternatives before final decision is made:
Todd Leake, Fairfield Township, chair Grand Forks County Citizens Coalition
Dwight Wahlin, 3215 18th Street, Manvel
Annabel Montgomery, 2890 15th Street NE, Manvel
Jason Schaefer, 36 Parkview Circle
Ann Leeson, 3333 20th Street, Secretary/Treasurer of Levant Twp,
Daryl Bragg, 3702 Cherry Street (landowner)
Kevin Paschke, 3193 18th Street NE, Manvel

Council Member Glassheim stated he was concerned about the fact that the FAA and the Health Department say that the City can no longer operate our current landfill after 2007 and that when we talk about neighbors and also aware and concerned that we act as neighbors for the thousands of people up and down the valley because of federal regulations cannot have smaller landfills and could never site landfills and that rely upon the Grand Forks landfill, as does Turtle River Township, to take their municipal solid waste, that all solid waste has to go somewhere but nobody wants it and as in the same spirit of cooperation that you ask us to listen and discuss and have alternatives, that people of the Township will also be thinking of alternatives to either yes or no and that they will be talking to each other and finding out those guarantees which are most important to them, those expectations that they have about what will and won't be done for 70 years and that rather than a law suit we will get to that kind of cooperative discussion of the best way to do this for thousands of people who depend upon the Grand Forks balefill/landfill to their municipal solid waste.

It was moved by Council Member Kreun and seconded by Council Member Kerian to adopt the resolution which had been presented and read.

Council Member Christensen stated he is interested in information on the alternative sites that were explored and what the conclusion was with the prior councils; that we have to start the process and make the applications for the permit, that he is going to vote in favor of this resolution but also wants to pursue these alternatives. He stated he had been informed that they plan to build a dike around this facility and that is part of the recommendation and that he wants this to be a cooperative process but is incumbent upon this council and next council that they know what the alternatives were because there is a possibility that we could lose and need to know what our fallback position is and would like to get this information for review.

Council Member Kreun stated the City commissioned the EIS study and some concern that it was tainted in that direction - that the offer was given to the Turtle River Township to be a part and to participate and determine what could go into the study, they declined to do that and we really wish they would have been a partner in this process, that the City wants to work along with this process as well as anybody else what has taken place and what is going to take place and the issues of the City being responsible for that garbage is true, whether it goes to Gwinner or to any landfill along with all the people that put garbage in that landfill for the rest of the landfill life. He stated there is not a good place for a landfill but go through the process - and that prior to buying the land there were two public hearings several years ago and a lot of information given back and forth and has not been quick scenario. He stated the EIS is one of the most detailed that has been done in the State of North Dakota according to the Health Department and that all of these questions that have been brought up have been brought to the attention and written as questions and the majority of them have some answers in the EIS study. He stated he was concerned that they took the bird issue very lightly, that he has visited with FAA people from Denver and Bismarck and they do not take the situation lightly, cannot eliminate it, and part of the reason that they indicate that they will force us to close the landfill; that the issue of the landfill should be a regional issue rather than a Grand Forks vs. Turtle River Township issue and that is what want to happen - to look at it and see what we can work out - that we appreciate their concerns and try to deal with them as best we can.

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

COUNCIL MEMBER GLASSHEIM EXCUSED

MATTER OF WAL-MART STOP LIGHT UPDATE

The staff report from the Planning and Engineering Departments relating to Wal-Mart stop light update, with recommendation to receive the verbal report to be presented by staff at the city council meeting on May 17, 2004.

Al Grasser, city engineer, updated the council as to current developments and non-developments that have occurred regarding the traffic signal showing on the overhead the existing entrance to Wal-Mart at the 25th Street entrance and their existing entrance; that the as-bid plan for the DOT was to put a three-quarter intersection which means they would construct the medians such that they would eliminate the through movements and the out-bound left turn lanes, that originally Wal-Mart asked to be considered a traffic signal and moving the entrance over to the 24th Street entrance, that would be configured as an open intersection with traffic signals; that they have been working diligently with Wal-Mart on a reimbursement agreement and seem to be in disagreement as to how the language of that document should be written, part of that is that they don't have the final design in place, final costs aren't available from the contractor, and yet the contractor is actually working in this area and is paving; that it is going to take some time to work out the agreement with Wal-Mart and maybe something that has to come back to the city council, that to keep the process moving they have done some structural changes as to how they are planning on dealing with Wal-Mart and wanted to review that. He stated that the plan is that the City and DOT are going to construct the changes on the right of way portion, originally Wal-Mart had asked that we construct the new entrance for them and demolish the current entrance, and to keep things cleaner are basically looking at separating those issues, where they are going to have Wal-Mart take care of all the issues on the Wal-Mart site and the DOT is going to take care of the issues on the right of way - and what that does for us is that the cost of doing the new entrance vs. the old entrance are almost a wash, almost within a $30,000 of it being a dead wash and simply moving quantities from one location to the other. He stated the thought is that we will proceed with the construction and Wal-Mart will continue basically doing the work on their own property and the actual agreement on the signal which is the true additional cost that will have to run through the City will have to be addressed at a little later date - hopefully weeks or couple months so they can identify the costs of the signal and then frame that agreement.

Mr. Grasser stated Wal-Mart is going to pay for the signal, and the problem they are running into right now is that they have agreed to pay but would like to have a cost cap on the agreement and we are not agreeing to a cost cap. He stated what he is pointing out is that there is other work and found a way of taking care of that other work leaving the signal as the lame duck and we are prepared to make sure that the signal is addressed entirely by Wal-Mart and that may mean that they have to wait to install that signal under a different contract than that with the DOT and that may mean they are out 6 months or a year before they can install that.

Council Member Christensen stated the agreement was that Wal-Mart was paying for the signal and what it costs to put the signal in and if they want to go buy the signal from whomever as long as it meets DOT specs. and engineering approves it but no cap. He asked what are they doing with the safety issue because we all voted on this in favor of putting the signal there and getting the DOT to put the signal there, we would get a lot of criticism by moving it and not having a signal in place.

Mr. Grasser stated the signal is going to be delayed, just the manufacturer and the delivery of material puts that signal at least 6 months the way it sounds. He asked if the city council will accept any agreement with any dollar amount with Wal-Mart as a cap, and if the answer to that is an unequivocal no, then the signal cannot go in while this contractor is working on this project, which means the signal won't happen until probably next year. There were some questions re. temporary signal - and that Wal-Mart is not agreeing to pay for any of those costs without a cost cap. Council Member Gershman stated that the cap came after the city council approved this variance.

Mr. Swanson reported that he had reviewed an agreement proposed by an attorney for Wal-Mart and Sam's a little over a week ago and raised substantial objections and concerns with respect to the agreement and suggested to the attorney for Wal-Mart and Sam's that he would provide him with his draft of a proposed agreement and was essentially advised that save his effort as they weren't interested in reviewing it, understands that Mr. Potter and Mr. Grasser convinced Wal-Mart executives last Friday to at least consider a draft agreement from our office, that was e-mailed to them this afternoon, the agreement that he has drafted contains no caps and no contingencies, it is a required reimbursement agreement 100% on the part of Wal-Mart or Sam's, and that he has not received a response to the draft that he provided them by e-mail today, and would hope that he would get some type of response, and that Mr. Potter nor Mr. Grasser have received any response either.

Mr. Grasser stated he needs direction from the city council, that the end of this week the contractor is going to be paving out there or we will be telling him to pave someplace else which will put the City and the DOT in a position of potentially delaying the contractor, and the questions is going to be does the contractor go back and construct this turn lane to the original contract or do we allow them to proceed and put in the new one, and needs that direction from the city council because he doesn't know what answer to give the contractor and the DOT. He stated the original construction of this intersection would have had a turn lane that comes into Wal-Mart, the new design has that curve coming across a turning bay and coming into the new entrance, the contractor is paving the main line this week and his next set of operations is to come in and pave this turn lane, that they can go ahead and do that turn lane but they are doing work on the new intersection without a reimbursement agreement; the other thing that they can do is tell the contractor that this plan is out and you can now start construction on this intersection, go back and put in this turn lane, basically cover up the ground what they have already installed and go back and build this until such time as we have a complete agreement as to how to handle the situation; that this has ramifications that the store between Wal-Mart and Sam's Club that they are looking to move have the footprint of the new building within this entrance, that as long as this entrance is open, they can't build this store, which means they can't evict the people between Wal-Mart and Sam's, which means they can't do their building expansion. Council Member Gershman asked if they are willing to hold that up, that we did not create that problem and asked if for $40 or $50,000 for a light, is holding up moving their tenants and building their center. Mr. Grasser stated the issue does not have anything to do with money, that his discussion with the Wal-Mart executive today, it doesn't matter if it is a dollar, doesn't matter if it is $10 or $10 million dollars, the philosophical difference between the two organizations is that the City does not want a cap and Wal-Mart will not operate without some sort of cap. Council Member Gershman stated that is the way they do business but they have to understand that we passed a motion giving them a variance, that we went to the State of North Dakota to request a variance for Wal-Mart and there was no mention of a cap at that time and that was the time they should have brought it up, and they should have made the philosophy of the corporation known to us at the time of asking for that variance.

Council Member Hamerlik stated that we don't have a light at that corner that we are abandoning, so really don't need a light at the new corner right away but need the light later esp. as the facility and the property is enlarged with gas pumps, etc. and his question would be, why wouldn't we just go ahead and proceed to put in those lanes, etc. and not pull contractor off the job at this time. Mr. Grasser stated that is what he is proposing is to continue the paving for the new intersections as per the current concept and then come back and force Wal-Mart to put in the signal at their own cost; and that we are going to avoid the issue of the cap by not proceeding on the traffic signal. He stated that one of the conditions he is going to get from the DOT is they are probably going to require the installation of a median which makes this a three-quarter intersection and would until the signals go in have the same intersection configuration here as what we previously had with exception that we are missing this lane to the north.

Council Member Christensen stated we are all saying the same thing, no cap, do what you suggested and don't open it up until the signal is in place and that works for all of us, and when they want the movement, the signal will be there. Mr. Grasser stated that they may have to cover that under their own totally different contract rather than through the City, and that alleviates the reimbursement.

Council Member Christensen moved to endorse Mr. Grasser's temporary solution to the issue he has presented this evening; and Council Member Kreun seconded the motion.

Council Member Hamerlik suggested that they include in the motion that there is no cap; the mover and second agreed.

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

APPROVE BILL LISTING

Vendor Payment No. 04-10, dated May 17, 2004, totaling $818,108,16, 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, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

COUNCIL MEMBER GLASSHEIM REPORTED BACK

APPROVE MINUTES MAY 3, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, May 3, 2004, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Christensen that the minutes be approved. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND/OR COUNCIL MEMBERS

1) Council Member Glassheim stated that while going door to door during election it has come to his attention that the biggest problem facing the city is low wages, and would like us to engage in a community-wide discussion about ways in which wages might be raised, maybe we have to focus attention in a city-wide community conversation about what we can do to raise wages without going overboard or without being punitive, and start to focus our attention and our minds on what we can do to encourage wages to rise, and would like to put this on the Wednesday meeting, when it is convenient to start that discussion to move the city in that direction.

2) Council Member Kerian stated that she is on the Grand Forks Public Library Board, that there are term limits for the members and one of their members, Ken Dawes, will be leaving and there is opportunity for someone who would like to be on the Library Board, and encourage people to talk to the Mayor's Office or if want to know what the work of the Board is to contact Dennis Page at the Library.

3) Council Member Gershman stated there was a wonderful commencement with the University with over 7,000 people there, excluding students, but there was no traffic control at the end of the commencement and need to watch that type of thing.

He reported they had a sell-out for Bo Diddley event and was a great evening.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
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Michael R. Brown, Mayor