City of Grand Forks, North Dakota

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July 19, 2004

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 19, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 19, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

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

Mayor Brown commented on various events during the past week and upcoming events:

Congratulations to Bert's Trucking for 65 years of service in the community; best way to grow our community and economy is to support businesses that have made commitment to the community.
That the passing of Barb Segal was a blow to many people in the community, tireless volunteer for many things in the community.
The Friends of the Greenway Summer Chili Cook-Off is less than 2 weeks away, July 31, but not too late to enter
Congratulations to Alerus Center staff and Murphy Brothers and everyone that made sure the fair was a success, attendance estimated to be 16,000 people.
Thanks to the Park District for putting on Summerthing at University Park on Saturday and Sunday.
This Thursday will be the first in a series of four special farmers' markets in Town Square, and hopes this can grow with more businesses and organizations joining in.
Thanks to everyone involved in the CVIC fund raiser at Kim Holmes, Sanders..

He stated they need to take a poll of council members to see who will be available for the special committee of the whole meeting on Wednesday. After some discussion this Wednesday's meeting has been postponed. Decision for the next meeting will be discussed after the council meeting.

ADOPT ORDINANCE NO. 4017, ESTABLISHING A
MORATORIUM ON ISSUANCE OF BUILDING PERMITS
AND APPROVAL OF PLATS ADJACENT TO MERRIFIELD
ROAD

An ordinance entitled "An ordinance establishing a moratorium on the issuance of building permits and approval of plats adjacent to the Merrifield Road between South Belmont Road extended and the Red River of the North", which had been introduced and passed on its first reading on June 21, 2004, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Brown 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 Department relating to the request from the Grand Forks/East Grand Forks Metropolitan Planning Organization (MPO) for a Land Development Moratorium along and one-quarter mile south of Merrifield Road from the intersection of Merrifield Road and Belmont road east to the Red River, with recommendation to give final approval to the attached Land Development Moratorium ordinance as request with a moratorium ending date of December 31, 2004.

Howard Swanson, city attorney, noted that on introduction, the ordinance had a different draft and what is before council is a more detailed draft including a map and further legal description of the area which will be included in the moratorium and the appropriate motion would be to give final approval and to adopt the changes approved by the Planning and Zoning Commission.

It was so moved by Council Member Kerian and seconded by Council Member Kreun that the recommendation from staff and from the city attorney be approved. Carried 7 votes affirmative.

Upon call for the question on the adoption of the ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
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APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE GARAGE TO 916 SOUTH 9TH STREET

The staff report from Inspections relating to holding a public hearing for a moving permit application to move a garage to be used as a garage from 1020 Letnes Drive to 916 South 9th Street, with recommendation to approve the moving permit.

The city auditor reported that the notice of public hearing on the application by Tony Byzewski. 916 South 9th Street, had been published and posted as required and that no protests were filed with his 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 and the public hearing was closed.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved, and that Mr. Byzewski be authorized to move the building subject to meeting conditions established. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 597, PROJECT NO. 5628

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 597, Project No. 5628, paving alley between Almonte Avenue and Lanark Avenue from 10th Avenue South to 11th Avenue South, had expired on July 12, 2004, and that he had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8581 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 597, Project No. 5628, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT FOR PAVING PROJECT
NO. 5628, DISTRICT NO. 597

The city auditor presented and read tabulation of bids which had been received and opened on June 14, 2004, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $45,207.50: Document No. 8582 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 5628, District No. 597, in the amount of $57,400.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 5628, District No. 597, alley paving between Almonte Avenue and Lanark Avenue from 10th Avenue South to 11th Avenue South, with recommendation to award contract to low bidder, Strata Corporation, in the amount of $45,207.50.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8583 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Paving Project No. 5628, District No. 597, to Strata Corporation 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.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO, 604 PROJECT NO. 5688

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 604, Project No. 5688, installation of street and alley paving in Promenade Second Resubdivision: bounded on the west by North 55th Street on the east by North 53rd Street, on the north by 8th Avenue North and on the south by 6th Avenue North, including associated alley, had expired on July 8, 2004, and that he had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8584 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 604, Project No. 5688, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO, 592 PROJECT NO. 5517

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 592, Project No. 5517, installation of alley paving in alley bounded on the west by North 55th Street and the east by North 53rd Street, on the north by 8th Avenue North and on the south by 6th Avenue North, had expired on July 8, 2004, and that he had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8585 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 592, Project No. 5517, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST, AND AWARD CONTRACT FOR PAVING PROJECT
NO. 5688, DISTRICT NO. 604, PAVING PROJECT NO. 5517,
DISTRICT NO. 592, AND SIDEWALK PROJECT NO. 5690,
DISTRICT NO. 20

The city auditor presented and read tabulation of bids which had been received and opened on July 6, 2004, for Paving Project No. 5517, District No. 592; Paving Project No. 5688 (alley paving), District No. 604; Project No. 5688, District No. 604; and Project No. 5690, District No. 20, sidewalk; indicating that Aggregate Industries N.C.R. Inc. was the low bidder based upon their bids in the amounts of $64,537.00, $169,853.40, $24,893.70 and $46,363.50, for a total bid of $305,647.60: Document No. 8586 - Bid Tabulation.

The city engineer's estimates of total cost on Paving Project No. 5628, District No. 597, in the amount of $82,037.00 for Project No. 5517; $31,620.00 for Project No. 5688, District No. 604, alley paving; $215,720.00 for Project No. 5688, Paving District No. 604; and $24,690.00 for Sidewalk Project No. 5690; were presented and read.

The staff report from the engineering department relating to bids for Project No. 5517, District No. 592, Promenade 1st Addition and Promenade Second Resubdivision Alley Paving, Project No. 5688, District No. 604, Promenade Second Resubdivision Paving, and Project No. 5690, District No. 20, Promenade Sidewalk, with recommendation to award contract for the alternate bid to low bidder, Aggregate Industries, N.C.R. Inc. in the amount of $305,647.60.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8587 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Paving Project No. 5517, District No. 592, Paving Project No. 5688, District No. 604 and Sidewalk Project No. 5690, District No. 20, to Aggregate Industries N.C.R. 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.

HOLD PUBLIC HEARING AND APPROVE AMENDMENT
TO 2004 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND APPROVE USE OF FANNIE MAE FUNDS
FOR LETTER OF CREDIT FOR CONSTRUCTION FINANCING
IN PROMENADE SUBDIVISION

The staff report from the urban development director relating to actions relating to Grand Forks Housing Authority's Promenade Subdivision infrastructure, with recommendation to hold public hearing and approve amendment to 2004 Community Development Block Grant (CDBG) program at city council meeting on July 19, 2004, and approve the use of Fannie Mae funds for a letter of credit for homeownership new construction financing in the Promenade Subdivision and authorize staff to request approval of same from Fannie Mae.

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

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

APPROVE BUDGET AMENDMENT, FINANCE AND
ADMINISTRATIVE SERVICES

The staff report from the finance and administrative services director relating to budget amendment for special events, to transfer from contributions for amount not billable, in the amount of $59,372.67.

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

APPROVE FINAL CERTIFICATION OF CONNECTION
FEES FOR PROJECT NO. 4838

The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 4838, sanitary sewer for Southern Estates, South 20th Street from 40th to 47th Avenue South and 45th Avenue South from 20th Street to 25th Street, with recommendation to approve final certification of connection fees for Project No. 4838.

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

AWARD BIDS FOR PROJECT NO. 5696, ALERUS CENTER
PARKING LOT FOG SEAL

The staff report from the engineering department relating to consideration of bids for Project No. 5696, Alerus Center parking lot fog seal, with recommendation to award contract for the base bid to low bidder, Strata Corporation, in the amount of $50,256.35.

It was moved by Council Member Christensen and seconded by Council Member Kerian 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.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST, AND AWARD CONTRACT FOR SEWER
PROJECT NO. 5677 AND WATERMAIN PROJECT NO. 5678

The city auditor presented and read tabulation of bids which had been received and opened on July 12, 2004, for Sewer Project No. 5677, District No. 434, and for Watermain Project No. 5678, District No. 283, sanitary sewer and watermain along Adams Drive, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amounts of $430,837.00 and $317,345.00, respectively, for a total bid of $748,182.00: Document No. 8588 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 5677, District No. 434, and Watermain Project No. 5678, District No. 283, in the amounts of $564,397.00 and $375,375.00, respectively, were presented and read.

The staff report from the engineering department relating to bids for sanitary sewer and watermain along Adams Drive: Project No. 5677, District No. 434, sanitary sewer, and Project No. 5678, District No. 283, watermain, with recommendation to award contract to lowest responsible bidder, Molstad Excavating, Inc., in the amount of $748,182.00.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8589 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Sewer Project No. 5677, District No. 434, and for Watermain Project No. 5678, District No. 283, to Molstad Excavating, 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.
AWARD CONTRACT FOR PROJECT NO. 5676, PROJECT
NO. 5685 AND PROJECT NO. 5686

The staff report from the engineering department relating to bids for Project No. 5676, Pump Station 42 and Forcemain, Project No. 5685, Phase 4 Levee Sanitary Forcemain Relocation, and Project No. 5686, Phase 4 Levee Watermain Relocation, with recommendation to award separate contracts to Industrial Contract Services in the amount of $325,173.00 for Schedule B, General; to McFarlane Sheet Metal in the amount of $7,700.00 for Schedule B, Mechanical; to RBB Electric in the amount of $192,914.00 for Schedule B, Electrical; and to Wagner Construction in he amount of $285,103 for Schedule C, Underground.

It was moved by Council Member Christensen and seconded by Council Member Kerian 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 contract awarded.

AWARD BID FOR RDK RAPID DEPLOYMENT KIT FOR
FIRE DEPARTMENT

The staff report from the fire department relating to consideration of bid for RDK Rapid Deployment kit for the fire department, with recommendation to award bid in the amount of $55,170.00 to Rae Systems for a RDK Rapid Deployment Kit.

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

APPROVE CHANGE TO TRANSIT (CAT) SCHOOL
TRIPPER SERVICE

The staff report from the cities area Transit (CAT) School Tripper service change, with recommendation to approve change of tripper service prior to the beginning of the fall 2004 school year.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS A, B AND
M, BLOCK 1, WASHINGTON VIEW ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Gatecity Bank for final approval (fast track) of a replat of Lots A, B, and M, Block 1, Washington View Addition to the city of Grand Forks, North Dakota (located at 32nd Avenue South and South Washington Street), 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 Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT PETITION FOR VACATION OF EASEMENT
IN LOT 1, BLOCK 4 OF REPLAT OF BLOCK 4,
FAIRGROUNDS SUBDIVISION

The staff report from the Planning and Zoning Commission relating to the petition from Grand Forks County and Pribula Engineering for approval to vacate a 20-foot wide utility easement running east-west through Lot 1, Block 4 of the Replat of Block 4, Fairgrounds Subdivision to the city of Grand Forks, North Dakota, with recommendation to give preliminary approval to the petition to vacate and set a public hearing date as required by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filled with the city auditor, and that a notice of public hearing be published as required (September 7, 2004). Carried 7 votes affirmative.

ACCEPT PETITION TO VACATE DRAINAGE EASEMENT
IN LOTS 3 AND 4, BLOCK 1 AND LOTS 3 AND 4, BLOCK
2, SHADY RIDGE ESTATES SIXTH ADDITION

The staff report from the Planning and Zoning Commission relating to petition from Lavonne Adams for approval to vacate two 30-foot wide drainage easements lying 15-feet on each side of the line common to Lots 3 and 4, Block 1 and Lots 3 and 4, Block 2, Shady Ridge Estates Sixth Addition to the city of Grand Forks, North Dakota, with recommendation to give preliminary approval to the petition and set a public hearing date as required by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filled with the city auditor, and that a notice of public hearing be published as required (September 7, 2004). Carried 7 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT F, BLOCK
1, COLUMBIA PARK 10TH ADDITION, INCLUDING
VARIANCE TO LAND DEVELOPMENT CODE

The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Steve Adams for final approval (fast track) of a replat of Lot F, Block 1, Columbia Park 10th Addition to the city of Grand Forks, North Dakota (located at 3250 32nd Avenue South), to include a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907, Subsection (2) Rights-of-Way, paragraph (L), as it related to access to arterial streets, with recommendation to give final approval to the replat, to include the variance to the Land Development Code, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 3,
WASHINGTON ESTATES ADDITION, AND TO INCLUDE
VARIANCE TO LAND DEVELOPMENT CODE
The staff report from Planning and Zoning Commission relating to request from CPS, LTD on behalf of Jed Carlson for final approval (fast track) of a replat of Lot 1, Block 3, Washington Estates Addition to the city of Grand Forks, North Dakota (located at 3880 South 11th Street), to include a variance to the Land Development Code, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions, as it relates to the definition of minor subdivisions, with recommendation to give final approval to the replat, to include the variance to the Land Development Code, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE ALL OF NORTH 17TH
STREET FROM DYKE AVENUE SOUTH TO BNSF RAILROAD
R/W BETWEEN BLOCKS 32 AND 33, BUDGE & ESHELMAN'S
3RD ADDITION

The staff report from Planning and Zoning Commission relating to petition from Quality Rail Service, Ferrellgas, L.P. and BNSF Railroad for approval to vacate all of North 17th Street from Dyke Avenue south to the BNSF right-of-way between Blocks 32 and 33, Budge and Eshelman's 3rd Addition (located between 1623 and 1701 Dyke Avenue), with recommendation to approve the request and set a public hearing date as required by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filled with the city auditor, and that a notice of public hearing be published as required (September 7, 2004). Carried 7 votes affirmative.

ACCEPT PETITION TO VACATE SIDEWALK DESIG-
NATION OF EASEMENT LYING ON EACH SIDE OF LOT
LINE COMMON TO LOTS 7 AND 8, BLOCK 3, MIGHTY
ACRES SECOND ADDITION

The staff report from Planning and Zoning Commission relating to petition from Rodney Clark and Max Hoefs for approval to vacate the sidewalk designation of a 20-foot wide "drainage and sidewalk easement" lying 10-feet on each side of the lot line common to Lots 7 and 8, Block 3, Mighty Acres Second Addition to the city of Grand Forks, North Dakota (located between 637 and 653 Evergreen Drive), with recommendation to give approval to the request and set a public hearing as required by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filled with the city auditor, and that a notice of public hearing be published as required (September 7, 2004). Carried 7 votes affirmative.

INTRODUCE ORDINANCE AMENDING LAND DEVELOP-
MENT CODE, ZONING, RE USES PERMITTED AND
SPECIAL CONDITIONS RELATING TO SMALL ANIMAL
BOARDING FACILITIES

The staff report from the Planning and Zoning Commission relating to request for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City
Code of 1987, as amended, amending Article 2, Zoning; Section 18-0204, Rules and Definitions; subsection (2) Definitions; Section 18-0216, B-3 (General Business, subsections (2) Uses Permitted and (11) Special Conditions; and Section 18-0218 I-1 (Light Industrial) District, subsection (2) Uses Permitted, all relating to small animal boarding facilities, with recommendation to give preliminary approval to the ordinance, and set a public hearing for August 16, 2004.

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

Council Member Christensen introduced an ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code, Article 2, Zoning; Section 18-0204 Rules and Definitions; Section 18-0216 B-3 (General Business) District, subsections (2) Uses Permitted and (11) Special Conditions; and Section 18-0218 I-1 (Light Industrial) District, subsection (2) Uses Permitted, all relating to small animal boarding facilities", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN THE VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMEND-
MENT NO. 4, ALL OF VILLAGE RESUBIDIVISION NO. 2 AND
ALL OF VILLAGE RESUBDIVISION NO. 3

The staff report from the Planning and Zoning Commission relating to request from Mikkelson Consolidated for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, ND (located between Interstate 29 and North 42nd Street and between 5th Avenue North and University Avenue), with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and set a public hearing for August 16, 2004.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN NORTH CONGRESSIONAL PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 2, ALL OF CONGRESSINAL FIRST
RESUBDIVISION, PROMENADE FIRST ADDITION, PROMENADE
SECOND AND LOT A, BLOCK 1 OF REPLAT OF LOT 12,
BLOCK 1, RYDELL-WEST SUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Webster, Foster and Weston on behalf of West Side Properties, LLP for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Congressional First Resubdivision, Promenade First Addition, Promenade Second Resubdivision, and Lot A, Block 1 of replat of Lot 12, Block 1, Rydell-West Subdivision, city of Grand Forks, ND (located between North 55th Street and North 51st Street, and between 10th Avenue North and University Avenue), with recommendation to give preliminary approval to the ordinance and set a public hearing for August 16, 2004.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the North Congressional PUD (Planned Unit Development), Amendment 1, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Congressional First Resubdivision, Promenade First Addition, Promenade Second and Lot A, Block 1 of the Replat of Lot 12, Block 1, Rydell-West Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONINGMAP TO
INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT LOT 1, BLOCK A OF REPLAT OF BLOCK 1,
ADAMS-DOBMEIER 2ND SUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from L & M Development for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Lot 1, Block A of the replat of Block 1, Adams-Dobmeier 2nd Subdivision, Grand Forks, ND (located at 6105 Gateway Drive), with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and set a public hearing for August 16, 2004.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Lot 1, Block A of the Replat of Block 1, Adams-Dobmeier 2nd Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GIVE PRELIMINARY APPROVAL TO PLAT; AND INTRODUCE
ORDINANCE TO AMEND THE STREEET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDOCATED
ON THE PLAT OF BROWN CORPORATION ADDITION

The staff report relating to the request from CPS, LTD on behalf of AG Park LLP for preliminary approval of the Replat of Lot 3, Block 1, Brown Corporation Addition, Grand Forks, ND (located at 12th Avenue NE and 12th Street NE), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan, and schedule a public hearing for August 16, 2004.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights-of-way shown as dedicated on the plat of Brown Corporation Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF SHADY
RIDGE SIXTH RESUBDIVISION

The staff report relating to the request from Jerry Pribula on behalf of Lavonne Adams for preliminary approval of the Replat of Shady Ridge Estates Sixth Resubdivision, being a replat of all of Shady Ridge Estates Sixth Addition (located at Desiree Drive and Adams Drive), Grand Forks, ND, 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 Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT THE PRIBULA ADDITION

The staff report relating to the request from Keith Danks and Shirley West for preliminary approval of an ordinance to amend the Zoning Map to exclude from B-3 (General Business) District and A-2 (Agricultural Reserve) and include in the I-2 (Heavy Industrial) District the Pribula Addition (located north of U.S. Highway 2 between North 62nd and North 69th Streets), with recommendation to give preliminary approval of the ordinance and schedule a public hearing for August 16, 2004.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and the A-2 (Agricultural Reserve) and to include within the I-2 (Heavy Industrial) District the Pribula Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF
PRIBULA ADDITION

The staff report from the Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Keith Danks and Shirley West for preliminary approval of the plat of Pribula Addition to the city of Grand Forks, ND being a portion of the South One-half of the Southwest One quarter of Section 36, Township 151 North, Range 51 West of the Principal Meridian (located north of U.S. Highway 2 between North 62nd and North 69th Streets), with recommendation to give preliminary approval to the plat, subject to conditions shown on or attached to the review copy including preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for August 16, 2004.

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

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

APPROVE 2004 STOREFRONT REHABILITATION
PROGRAM

The staff report from the office of urban development relating to 2004 Storefront Rehabilitation Program, with recommendation to approve Storefront Rehab Committee funding recommendations and to retain any unspent carry-over in the Storefront Rehab Program for future projects. Document No. 8590 - Listing.

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

COUNCIL ATTENDANCE REPORT

The attendance reports for city council and committee of the whole members for the period April 1, 2004 through June 30, 2004, were presented and read.

FINANCE REPORT

The Statement of Changes in Cash Balances as of June 30, 2004, was presented for council's information.

CITIZEN REQUEST

Doug West, 422 South 5th Street, stated he has run into unfortunate problem that has occurred for several years, that someone desecrating his daughter's grave and tampering with it, and has been reported to the police, however, he stated items misstated in the report, and contended that was not properly handled by the police department. He reviewed several items that had been done and that he made arrangements today to have grave moved to a secure private location, and rather not do that but wanted it secure from now on.
Council Member Christensen stated that Mr. West has addressed the council, they have listened but that the administrative coordinator and the police department should handle this off camera. Mayor Brown asked Mr. Duquette to assist Mr. West with the police department, Mr. Duquette stated he and the chief will review this.

APPROVE BILL LISTING

Vendor Payment Listing No. 04-14, dated July 16, 2004, totaling $1,853,635.42, was presented and read.

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

APPROVE MINUTES OF JULY 6, 2004, AS CORRECTED

Typewritten copies of the minutes of the city council meeting held on Monday, July 6, 2004 were presented and read.

Council Member Kerian stated that at the July 6 meeting she was in attendance by phone, could not hear the discussion and disconnected herself from the meeting prior to the council reconsidering action taken on request for approval of right-in only access on 32nd Avenue South and that her name should be taken off the minutes for any items after that.

It was moved by Council Member Kerian to approve the minutes as corrected, seconded by Council Member Kreun. Carried 7 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Kerian stated that on the Planning and Zoning issues on industrial designation, that last week's discussion was good, that they did discuss this longer than usual but it is important for council to discuss and debate and the result of this, the passage today, indicates the importance of current business and from here will go to Planning and Zoning for further discussion about what we want to do with industrial zoning as business as changed; and need to update some of the zoning that we have.

2) Council Member Kreun stated that he and Council Member Kerian are judges for the chili cook-off.

3) Council Member Christensen stated that when driving down Washington, the berms and boulevards are very well kept, same on Columbia Road - looking nice and commended staff for keeping it up.

4) Council Member Gershman stated that the parks are incredible, that the Japanese Gardens is one of the most beautiful spots in Grand Forks, and thanked citizens of Grand Forks that residences and landscaping of homes is very impressive and for making this a beautiful town.

5) Council Member Hamerlik stated he has had people comment that after the winter season the sidewalks have a lot of sand, gravel, esp. 32nd and Washington, and asked if staff could see if that could be cleared up from underpass, deters from the beauty. Mr. Feland will check.

6) Council Member Glassheim stated he walked through Riverside area this weekend, huge acreage that is being taken care of and thanked those responsible. He stated he received concern from constituent about speeding on North 4th Street, passed that on to the chief and that this morning one of the machines that measure speed was on the street, good reminder and good to see that a citizen's concern was responded to so quickly.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor