City of Grand Forks, North Dakota

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August 16, 2004

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 16, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 16, 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 (teleconference), 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:
Heritage Days was held in East Grand Forks this past weekend and was a great event.
Grand Forks has two new additions to the National Registry of Historic Places: The Grand Forks Mercantile Company, 1898 at 112-118 North 3rd Street and currently houses DiMaggio's and Mountain Brooke, and the building's history and architecture reflect the importance of wholesaling to Grand Forks' early economy; and second addition near Southside Historic District, a residential area that covers about 182 acres bound by 1st Avenue South and 13th Avenue South, the dike line and Walnut Street, and Grand Forks' first historic district was nominated for significant association with the earliest growth of the community and its residential, educational and religious infrastructure. The National Register of Historic Places is the official list of the nation's cultural resources worthy of preservation and the District's nomination was financed in part with federal funds administered by the State Historical Society of North Dakota through the Grand Forks Historic Preservation Commission. He thanked Commission for their hard work.
This is Welcome Students Week - school starts and encouraged businesses and residents to welcome students as they come back; and read the proclamation "Welcome Back Students Week" August 20-28, 2004.

ADOPT ORDINANCE NO. 4018, AMENDING ZONING MAP
TO INCLUDE WITHIN VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO 4, ALL OF VILLAGE RESUBDIVISION
NO. 2 AND ALL OF VILLAGE RESUBDIVISION NO. 3.

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 had been introduced on first reading on July 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 Mikkelson Consolidated for final 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 final approval of the request and give final approval to the ordinance, 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.

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 ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4019
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
BROWN CORPORATION ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Brown Corporation Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 19, 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 and Zoning Commission relating to request from CPS, LTD, on behalf of AG Park LLP for final 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 for final approval of the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this 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 ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4020,
AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF PRIBULA ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Pribula Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 19, 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 and Zoning Commission relating to request from Jerry Pribula on behalf of Keith Danks and Shirley West for final approval of the Plat of the 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 152 North, Range 51 West of the Principal Meridian, (located north of U.S. Highway 2 between North 62nd and North 69th Streets) with recommendation for final approval of the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this 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 ordinance adopted.

ADOPT ORDINANCE NO. 4021, AMENDING CHAPTER
XVIII, LAND DEVELOPMENT CODE, ARTICLE 2, ZONING,
SECTIONS RELATING TO SMALL ANIMAL BOARDING
FACILITIES

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, subsections (2) Uses Permitted, all relating to small animal boarding facilities", which had been introduced and passed on its first reading on July 19, 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 e 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 and Zoning Commission relating to the request from the Planning Department for final 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; 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 final approval to the ordinance.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this 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 ordinance adopted.

ADOPT ORDINANCE NO. 4022, AMENDING ZONING MAP
TO INCLUDE WITHIN 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 REPLAT OF LOT 12, BLOCK 1,
RYDELL-WEST SUBDIVISION

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 Replay of Lot 12, Block 1, Rydell-West Subdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 19, 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 and Zoning Commission relating to the request from Webster, Foster and Weston on behalf of West Side Properties, LLP for final 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 B, Block 1, of the replat of Lot 12, Block 1, Rydell-West Subdivision, Grand Forks, ND (located between North 55th Street and North 51st Street, and between 10th Avenue North and University Avenue), with recommendation for final approval to the ordinance.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this 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 ordinance adopted.

ADOPT ORDINANCE NO. 4023, AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT LOT 1, BLOCK A OF REPLAT OF BLOCK 1,
ADAMS-DOBMEIER 2ND SUBDIVISION

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 had been introduced and passed on its first reading on July 19, 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 and Zoning Commission relating to request from L & M Development for final 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, North Dakota (located at 6105 Gateway Drive), with recommendation for final approval to the ordinance.

Howard Swanson, city attorney, reported he had received materials from the City of Mankato and from the City of Minneapolis, that both of those communities have adopted three levels of industrial zoning, one being a light zone, a medium zone and heavy industrial and included within their medium industrial zone are examples of manufacturing, design, fabrication and assembly, and suggested that the council and the Planning and Zoning Commission may wish to consider for future consideration the adoption of a third industrial zone that would not have as heavy use as our I-2 presently does; would give you one more layer of zoning, and to make council aware of that possibility to address issues.

It was moved by Council Member Kreun and seconded by Council Member Kerian to approve the recommendation from committee.

There was discussion by council regarding authorizing the issuance of building permit but tabling the actual rezoning pending further study and adoption of a new classification - that if giving property owners this zoning that it is similar to a property right and they would have the right to maintain that zone for as long as the use continues, that zoning rights run with the property. It was noted that the applicants applied under our existing conditions and if they would actually build without having the proper zoning.

Council Member Brooks stated as member of Gateway Committee, they are aware that Gateway Drive is going to have industrial on it, but purpose is to address the aesthetics along there - what is inside those walls if I-2 or I-3 but concern is what the outside looks like - and to put this through and address it.

Council Member Christensen moved that we grant Fiberglass a building permit so they could move forward with expansion plans, and postpone zoning issue. Council Member Kerian seconded the motion.

There was further discussion that property owners want definite answers on zoning, and not involve applicants into zoning plan for the future, that applicants applied under our existing planning and zoning laws and ordinance and that rules shouldn't change at this time, and whether financial institutions would approve financing for projects without zoning.

Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Glassheim, Christensen - 2; voting "nay": Council Members Hamerlik, Gershman, Kerian, Kreun, Brooks - 5. Mayor Brown declared that the amendment failed.

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 ordinance adopted.

ADOPT ORDINANCE NO. 4024, AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT THE PRIBULA ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District the Pribula Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 19, 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.

Jon Ramsey, 420 39th Avenue South, stated that he helped Mr. Pribula arrange financing for his proposed venture, and not speaking on behalf of the lenders but based on his experience as a lender he stated he didn't know of any bank that would lend money on a building permit with zoning in question.

Mayor Brown closed the public hearing.
The staff report from the Planning and Zoning Commission relating to the request from Keith Danks and Shirley West for final approval of an ordinance to amend the zoning map to exclude from B-3 (General Business) District and A-2 (Agricultural Reserve) District and include in the I-2 (Heavy Industrial) District the Pribula Addition (property located north of U.S. Highway 2 between North 62nd and North 69th Streets), with recommendation to give final approval of the ordinance.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this 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 Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT RESOLUTION VACATING PART OF PUBLIC R/W
AND ADJACENT UTILITY EASEMENT IN BLOCK 3,
RIVERS EDGE RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate part of the public right of way and adjacent 10-foot utility easement, formerly Rivers Edge Drive, lying westerly of Lots 15 and 16, Block 3, Rivers Edge Resubdivision (located at No. 3 Rivers Edge Drive), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown called upon 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 Brooks that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8592 - Resolution.

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

INTRODUCE ORDINANCE RELATING TO TRANSIENT
MERCHANT LICENSES

The staff report from the city attorney relating to matter of ordinance relating to transient merchant licenses, with recommendation for introduction and approval of ordinance amending Section 21-1201 and 21-1209 of the Grand Forks City Code.

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

Council Member Kerian introduced an ordinance entitled "An ordinance amending Sections 21-1201 and
21-1209 of the Grand Forks City Code relating to transient merchant licenses", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ESTABLISHMENT
OF A SPECIAL ALCOHOLIC BEVERAGE LICENSE FOR
THE ENGELSTAD ARENAS

The staff report from the city attorney relating to the matter of ordinance relating to establishment of a special alcoholic beverage license for the Engelstad Arenas, with recommendation for introduction and approval of ordinance amending section 21-0205 of the Grand Forks City Code,

It was moved by Council Member Christensen and seconded by Council Member Hamerlik that this recommendation be approved.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Kreun and Glassheim. Carried 6 votes affirmative.

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

Council Member Kerian introduced an ordinance entitled "An ordinance amending Sections 21-0205 of the Grand Forks City Code relating to the establishment of a special alcoholic beverage license for the Engelstad Arenas", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ALCOHOLIC
BEVERAGE CONTROL - HOURS AND TIMES OF SALE

The staff report from the city attorney relating to the matter of ordinance relating to hours and times of sale of alcoholic beverages at Ralph Engelstad Arena, with recommendation for introduction and approval of ordinance amending Section 21-0221 of the Grand Forks City Code.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik that this recommendation be approved.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Kreun and Glassheim. Carried 6 votes affirmative.

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

Council Member Kerian introduced an ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to alcoholic beverage control-hours and times of sale", which was presented, read and passed on its first reading.

AWARD CONTRACT FOR PROJECT NO. 5704, BUS GARAGE
REROOFING

The staff report from the engineering department relating to consideration of bids for Project No. 5704, bus garage reproofing, with recommendation to award contract to MC Roofing for the alternate bid in the amount of $74,901.00.

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5671, POINT BRIDGE REHABILITATION

The staff report from the engineering department relating to engineering services agreement for Project No. 5671, Point Bridge Rehabilitation, with recommendation to approve agreement with Interstate Engineering, consultant, for preliminary and final design engineering services in the amount of $83,800.00.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5672, PAVING 55TH AVENUE SOUTH (BELMONT
ROAD TO CHERRY STREET)

The staff report from the engineering department relating to engineering services agreement for Project No. 5672, paving 55th Avenue South from Belmont Road to Cherry Street, with recommendation to approve agreement with CPS, Ltd., consultant, for preliminary and final design engineering services in the amount of $121,246.00.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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. 2 TO ENGINEERING CONTRACT
FOR PROJECT NO.5230, TELEMETRY UPGRADE

The staff report from the engineering department relating to Amendment No. 2 to engineering contract with Webster, Foster & Weston for Project No. 5230, Telemetry Upgrade, with recommendation to approve Amendment No. 2 to engineering contract with Webster, Foster & Weston in the amount of $30,302.00.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 amendment approved.

APPROVE ENGINEERING SERVICES AMENDMENT FOR
PROJECTS NOS. 4948, 4948.1, 4948.2, 4948.3, 4948.4, 4948.5,
4948.6 AND 4948.7, INTERIM RESIDUALS MANAGEMENT
PLAN

The staff report from the engineering department relating to engineering services amendment for Project Nos. 4948, 4948.1, 4948.2, 4948.3, 4948.4, 4948.5, 4948.6 and 4948.7, interim residuals management plan, with recommendation to approve Amendment No. 3 to Standard Form of Agreement between Owner and Engineer for professional services in accordance with the remaining work associated with existing projects and an expanded scope of work at the Residuals Storage Ponds for erosion protection, including engineering design, bidding, construction and warranty phase services (in the amount of $40,500.00).

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 Amendment 3 approved.

AWARD CONTRACT FOR PROJECT NO. 5562, MILL ROAD
WATERMAIN REPLACEMENT

The staff report from the engineering department relating to consideration of bids for Project No. 5562, Mill Road watermain, with recommendation to award contract to Molstad Excavating in the amount of $477,510.00, contingent upon final permit approval from BNSF Railroad.

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5673, MILL AND OVERLAY ON NORTH
20TH STREET FROM UNIVERSITY TO GATEWAY DRIVE

The staff report from the engineering department relating to engineering services agreement for Project No. 5673, Mill and Overlay on North 20th street from University Avenue to Gateway Drive, with recommendation to approve agreement with Interstate Engineering, Inc. for preliminary and final design engineering services in the amount of $38,900.00.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5674, COLUMBIA ROAD AND 24TH AVENUE
SOUTH RECONSTRUCTION

The staff report from the engineering department relating to engineering services agreement for Project No. 5674, Columbia Road and 24th Avenue South reconstruction, with recommendation to approve agreement with CPS, Ltd. for final design engineering services in the amount of $140,445.00.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5675, DEMERS AVENUE/42ND STREET
UNDERPASS

The staff report from the engineering department relating to engineering services agreement for Project No. 5675, DeMers Avenue/42nd Street Underpass, with recommendation to approve agreement with Kadrmas Lee & Jackson, consultant, for preliminary and final design engineering services in the amount of $316,303.44.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 PHASE III TCSP PROJECT

The staff report from the engineering department relating to TCSP grant funds project, with recommendation for approval of Phase III TCSP Project.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik 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 REVISED URBAN AND REGIONAL PROGRAM
PROJECT REQUEST TO NORTH DAKOTA DEPARTMENT OF
TRANSPORTATION

The staff report from Ward 7 council member and the engineering department relating to revised Urban and Regional Program Project request to NDDoT, with recommendation to approve modification to Point Bridge funding split for construction year 2006, and designate that any federal funding shortfall be paid by Fund 2169, Sales Tax Infrastructure Fund.

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

INTRODUCE ORDINANCE RELATING TO SANITATION,
WATER AND WASTEWATER USER CHARGES, RATES AND
FEES

The staff report from the director of public works relating to FY2005 Sanitation, Wastewater and Waterworks Utility Funds rate changes, with recommendation to approve the FY 2005 utility rates and fees effective on the utility bills issued in February, 2005 as per ordinance.

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

Council Member Kerian introduced an ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to sanitation, water, and wastewater user charges, rates and fees", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF REPLAT OF LOT 12, BLOCK
1, RYDELL-WEST SUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from ICON Architectural Group on behalf of Westside Properties, LLP for final approval (fast track) of a replat of Lot 12, Block 1, Rydell-West Subdivision, Grand Forks, ND (located at 1015 North 51st Street), with recommendation to give final approval to the replat, subject to conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF SHADY RIDGE
ESTATES SIXTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Lavonne Adams for final 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), city of Grand Forks, ND, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 13-18,
BLOCK 1, CORNERSTONE ESTATES ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development for final approval (fast track) of the Replat of Lots 13 through 18, Block 1, Cornerstone Estates Addition to the city of Grand Forks, ND (located in the 5400 block of Vineyard Drive), with recommendation to give final approval to the plat.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF JOHNSON'S WEST FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development for preliminary approval of the plat of Johnson's West First Addition to the city of Grand Forks, ND, being a part of the SE Quarter of Section 18, Twp. 151 North, Range 50 West of the 5th Principal Meridian, lying north of and adjacent to 32nd Avenue South, with recommendation to give preliminary approval of the plat, including preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for September 20, 2004.

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

Council Member Kerian 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 Johnson's West First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN THE COLUMBIA PARK WEST PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 2, ALL OF COLUMBIA PARK 22ND
23RD AND 28TH ADDITIONS; PORTION OF JOHNSON'S WEST
FIRST ADDITION AND UNPLATTED PORTIONS OF SE QUARTER
OF SECTION 18, T151N, R50W OF 5TH P.M.

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development for preliminary approval of an ordinance to and the zoning map to rezone and exclude from the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the Columbia Park West PUD (Planned Unit Development) Concept Development Plan, Amendment No. 2, all of Columbia Park 22nd, 23rd and 28th Additions, the southerly 595 feet of Johnson's West First Addition and also to include unplatted portions of the SE Quarter of Section 18, T151N, R50W of the 5th Principal Meridian, lying north of and adjacent to 32nd Avenue South, with recommendation to give preliminary approval to the request and preliminary approval of an ordinance to amend the zoning map. (Public hearing was set for September 20, 2004)

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

Council Member Kerian 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 Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Columbia Park 22, 23 and 28 Additions, the southerly 595 feet of Johnson's West First Addition to the city of Grand Forks, North Dakota, and also to include unplatted portions of the Southeast Quarter of Section 18, Twp 151 North, Range 50 West, of the Fifth Principal Meridian, lying north of and adjacent to 32nd Avenue South", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF AUDITOR'S RESUBDIVISION NO. 38

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of city of City of Grand Forks for preliminary approval of a plat of Auditor's Resubdivision No. 38 to the city of Grand Forks, North Dakota (located in the 2400 block of Belmont Road), with recommendation to give preliminary approval of the plat, including preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for September 20, 2004.

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

Council Member Kerian 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 Auditor's Resubdivision No. 38, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE GRAND FORKS RENAISSANCE ZONE
PROJECT GF-11

The staff report from the urban development director relating to Grand Forks Renaissance Zone Project GF-11, with recommendation to approve Grand Forks Renaissance Zone Project GF-11, subject to provision of a Certificate of Good Standing from the State Tax Commissioner, and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services for action.

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

APPROVE LABYRINTH IN GREENWAY

The staff report from Mayor Brown relating to labyrinth in greenway, with recommendation to approve the project to construct a labyrinth in the downtown section of the greenway.

Council Member Christensen stated at last meeting he asked about getting some sprinkling in the greenway and asked Mayor Brown if he could expand his project to include bid for sprinkling. Mayor Brown stated he would have staff look at that.

Council Member Gershman stated this is a good opportunity for the City to recognize Mr. Maidenberg for the wonderful work he did while he was publisher of the Grand Forks Herald and looks forward to looking at plaque recognizing Mr. Maidenberg.

Council Member Christensen moved approval of the project and authorize up to $30,000 discretionary funds for sprinkling for the downtown greenway area. Council Member Gershman seconded the motion.

After further discussion the city auditor stated for clarification that if the motion stated the mayor would be able to approve this up to $30,000, then would treat as any similar project if the bid came in over that amount, would bring back to council for the overage.

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

POSTPONE PETITION TO VACATE 1ST AVENUE NORTH
FROM NORTH 3RD STREET TO RIVERBOAT ROAD AND
ADJACENT ALLEY FOR ONE MONTH

The staff report from the Planning and Zoning Commission relating to petition from the City of Grand Forks and Dacotah Building, Inc. for approval to vacate all of 1st Avenue North from North 3rd Street to Riverboat Road between Blocks 17 and 24 of the Town of Grand Forks (Original Townsite) and the 32-foot wide alleyway from DeMers Avenue to 1st Avenue North between North 3rd Street and Riverboat Road adjacent to Block 1, Auditor's Resubdivision Number 13 and Block 24 of the Town of Grand Forks (Original Townsite), with recommendation to give preliminary approval and set a public hearing date as required by law.

Council Member Kreun moved to postpone action to allow for further considerations, and to table for four weeks; Council Member Gershman seconded the motion. Carried 7 votes affirmative.

DENY REQUEST FOR PRELIMINARY APPROVAL OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN B-3 (GENERAL BUSINESS) DISTRICT LOT 1,
BLOCK 1, JOHNSON'S WEST FIRST ADDITION, EXCLUDING
PORTION OF BLOCK

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Reserve) District, and to include within the B-3 (General Business) District, Lot 1, Block 1, Johnson's West First Addition, excluding the southerly 595 feet of Lot 1, Block 1, as shown on the plat of Johnson's West First Addition to the city of Grand Forks, ND (located in the SE Quarter of Section 18, T151N, R50W of 5th P.M., lying north of and adjacent to 32nd Avenue South), with recommendation for denial of the request.

It was moved by Council Member Gershman and seconded by Council Member Kerian to approve the recommendation for denial of the request. Carried 7 votes affirmative.

INFORMATIONAL ITEMS

The Portfolio Management/Summary as of July 31, 2004 and the Changes in Statement of Cash Balances as of July 31, 2004 were presented for council's information.

CITIZENS REQUESTS

Melvin Pedersen, 2423 University Avenue, stated he wanted to tell you how important it is to re-awaken ties between families and individuals, and important to keep our youth in the city without compromising our standards of sociability and courtesy as citizens, anything is all right as long as it doesn't bother me, doesn't seem to be the kind of standard that we want to continue. He handed out a listing of books he had been reading and was influenced by: Bowling Alone, it tends to quantify effects from suburban sprawl, overwork, etc.; The Empty Cradle, and Better Together, cases of participation and involvement in city polities.

APPROVE BILL LISTING

Vendor Payment Listing No. 04-16, dated August 13, 2004, totaling $954,636.26, was presented and read.

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

APPROVE MINUTES, AUGUST 2, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, August 2, 2004 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Christensen that the minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks stated they received notice of opening on the Alerus Commission and individual is to be from the category from hotel and beverage industry. Mayor Brown stated they have nominated someone for consideration. Council Member stated that is in the resolution and ordinance.

2) Council Member Christensen stated conversations they have had of planning and zoning that we commission a comprehensive over-all review of our planning and zoning rules and regulations, not so much the land development code, that as he reads the statutes dealing with planning we have two sections of state law, one deals with zoning and Board of Adjustments as to changes in zoning, and another statute that sets up a planning commission that develops an overall comprehensive land use policy that lays out streets, parks, etc. and asked how we found our way where the zoning function that the state law gives us got intertwined in the planning commission; and perhaps we could get our zoning rules and adopting procedure that we could move things faster than we do and what have done in the last several meetings is to adopt Planning and Zoning recommendations, but not of substance, and get arms around planning and zoning functions..

3) Council Member Kerian stated planning and zoning people have many years of experience and good view of planning and zoning functions and hope as look at that as council that we have some shared meetings with all of those to find ways to do best.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_________________________________
Michael R. Brown, Mayor