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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 22, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 22, 2005 at the hour of 7:00 o’clock p.m. with Vice President Hamerlik presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman (teleconference), Christensen, Kerian, Kreun - 7; absent: none.

Vice President Hamerlik 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.

Vice President Hamerlik commented on various events during the past week and upcoming events:
He stated this is Municipal Government Week, February 21-25, and the City is observing this time to involve and inform the residents about city government. The city auditor read the Mayor's proclamation, Municipal Government Week.
He stated that the Public Information Center has put together an insert that will appear in the Grand Forks Herald tomorrow, including city information; there is an essay contest going on re. "If I Were Mayor for a Day", winner was Drew Rusten, Ben Franklin Elementary, and that the Mayor will visit his classroom and other classrooms.
This weekend is State hockey tournament Thursday through Saturday, and extended welcome to all the teams and asked that people in the community give warm welcome to them.
This week Grand Forks Central freshman wrestler, Kyle Williams, won the State championship in wrestling at 103 lbs., that this was the first time that his father, Dave, had seen him compete this year as he is in the Air Force and had just returned to stateside from Iraq the night before the tournament, and on behalf of City and the city council a welcome home to him and to all those men and women of the armed forces and National Guard who have returned home safely from overseas deployment, and thanked them for their efforts.

TABLE FINAL APPROVAL OF ORDINANCE RELATING
TO GROUND MONUMENT SIGNS TO MARCH 21, 2005

An ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II", which had been introduced and passed on its first reading on November 15, 2004, and upon which second reading and public hearing had been continued until this evening.

Vice President Hamerlik opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request 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, Subsection (2), Definitions; Section 18-0301, Signs, Subsection (9), Paragraph (B), all relating to ground monument signs, with note that the current proposed ordinance has been amended from the original version, and recommended the council table final approval of the ordinance until March 21, 2005.

It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and the ordinance tabled until March 21, 2005. Carried 7 votes affirmative.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4038,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT
OF SOUTHERN ESTATES FOURTH 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 Southern Estates Fourth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on January 18, 2005, 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.

Vice President Hamerlik opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD, on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Fourth Addition to the city of Grand Forks, ND (located west of South 20th street and north of 44th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 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. Vice President Hamerlik declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4039,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT
OF LOT 1, BLOCK 2. SOUTHBROOK FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 1, Block 2, Southbrook First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on January 18, 2005, 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.
Vice President Hamerlik opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD, on behalf of Crary Development, Inc. for final approval of the Replat of Lot 1, Block 2, Southbrook First Addition to the city of Grand Forks, North Dakota (located south of 48th Avenue South and between Curran Court, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the street and Highway Plan.

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

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5817, REHABILITATION OF LIFT STATION 16

The staff report from the engineering department relating to engineering services agreement for Project No. 5817, Rehabilitation of Lift Station No. 16, with recommendation to approve the agreement with Webster, Foster & Weston for design engineering services in the amount of $47,350.00 for Project No. 5817.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

ACCEPT BIDS FOR PROJECTS 5790 AND 5791, LIFT
STATIONS 183 AND 190, PUMP INSPECTION/REPAIR

The staff report from the engineering department relating to bids for Project No. 5790 and 5791, Lift Station 183 and 190, pump inspection/repair, with recommendation to award the work for Lift Stations 183 and 190 to Water Smith, Inc. in the amounts of $38,242.00 and $33,934.00, respectively.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NDDoT FOR PROJECT
NO. 5672, CONTINGENT UPON FINAL REVIEW

The staff report from the engineering department relating to Cost Participation and Maintenance Agreement for Project No. 5672, paving 55th Avenue South (Belmont Road to Cherry Street), with recommendation to authorize entering into Cost Participation and Maintenance Agreement with NDDoT, contingent on final staff and city attorney review. Proposed improvements including construction, engineering and construction administration services is estimated at $1,499,000, with federal funding at 80.93% of eligible cost, and remainder would be funded by a combination of special assessment and Highway Users Funds (federal participation would be approx. $1,012,000 and $487,000 would be funded by the City).

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmatively.

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NDDoT FOR PROJECT
NO. 5673, CONTINGENT UPON FINAL REVIEW

The staff report from the engineering department relating to Cost Participation and Maintenance Agreement for Project No. 5673, mill and overlay North 20th Street (University Avenue to Gateway Drive), with recommendation to authorize entering into Cost Participation and Maintenance Agreement with NDDoT, contingent on final staff and city attorney review. Federal funding capped at $324,00, with budgeted local match the total project is $575,000, and local funding coming from Highway Users Fund.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommen-dation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
TO PREPARE PLANS AND SPECIFICATIONS, SEWER
PROJECT NO. 5776, DISTRICT NO. 436

The staff report from the engineering department relating to creating special assessment district for Project No. 5776, District No. 436, sanitary sewer for Southbrook Addition, with recommendation to create special assessment district, to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8622 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 5776, District No. 436: Document No. 8623 - Report.

Council Member Kerian introduced the following resolution to prepare plans and specifications which was presented and read: Document No. 8624 - Resolution

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 5776, District No. 436, be accepted and adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
TO PREPARE PLANS AND SPECIFICATIONS, WATERMAIN
PROJECT NO. 5777, DISTRICT NO. 284

The staff report from the engineering department relating to creating special assessment district for Project No. 5777, District No. 284, watermain for Southbrook Addition (Southbrook First and Third Additions described as follows: north property line of Lot 10, Block B, north to 48th Avenue South, 49th Avenue South, 48th Avenue South from Lot 6, Block A to South Washington Street), with recommendation to create special assessment district, to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8625 - Resolution.

The city auditor presented and read the engineer's report on Watermain Project No. 5777, District No. 284: Document No. 8626 - Report.

Council Member Kerian introduced the following resolution to prepare plans and specifications which was presented and read: Document No. 8627 - Resolution

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 5777, District No. 284, be accepted and adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
TO PREPARE PLANS AND SPECIFICATIONS, SEWER
PROJECT NO. 5778, DISTRICT NO. 437

The staff report from the engineering department relating to creating special assessment district for Project No. 5778, District No. 437, storm sewer for Southbrook Addition (Southbrook First and Third Additions described as follows: north property line of Lot 10, Block B, north to 48th Avenue South, 49th Avenue South, 48th Avenue South from east line of Lot 5, Block A to South Washington Street), with recommendation to create special assessment district, to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8628 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 5778, District No. 437: Document No. 8629 - Report.

Council Member Kerian introduced the following resolution to prepare plans and specifications which was presented and read: Document No. 8630 - Resolution

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 5778, District No. 437, be accepted and adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
OF NECESSITY, PAVING PROJECT NO. 5779, DISTRICT NO. 612

The staff report from the engineering department relating to creating special assessment district for Project No. 5779, District No. 612, paving Southbrook Additions (Southbrook First and Third Additions described as follows: north property line of Lot 10, Block B, north to 48th Avenue South, 49th Avenue South, 48th Avenue South from east line of Lot 5, Block A to South Washington Street), with recommendation to create special assessment district, to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8631 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5776, District No. 612: Document No. 8632 - Report.

Council Member Kerian introduced the following resolution of necessity which was presented and read: Document No. 8633 - Resolution

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Paving Project No. 5779, District No. 612, be accepted and adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, PAVING PROJECT NO. 5702, DISTRICT NO. 607

The staff report from the engineering department relating to creating special assessment district for Project No. 5702, District No. 607, paving 40th Avenue South from South 20th Street to Reummele Road, with recommendation to create special assessment district for Project No. 5702, District No. 607, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8634 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district for Paving Project No. 5702, District No. 607, be adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
OF NECESSITY, PAVING PROJECT NO. 5672, DISTRICT NO. 606

The staff report from the engineering department relating to creating special assessment district for Project No. 5672, District No. 606, paving on 55th Avenue South from Belmont Road to Cherry Street, with recommendation to create special assessment district, to approve engineer's report, including estimate of cost, an assessment district map, and resolution of necessity, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8635 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5672, District No. 606: Document No. 8636 - Report.

Council Member Kerian introduced the following resolution of necessity which was presented and read: Document No. 8637 - Resolution

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 5672, District No. 606, be accepted and adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, PAVING PROJECT NO. 5703, DISTRICT NO. 608

The staff report from the engineering department relating to creating special assessment district for Project No. 5703, District No. 608, paving 47th Avenue South from South Washington Street to Cherry Street, with recommendation to create special assessment district for Project No. 5702, District No. 607, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8638 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Brooks that the recommendation be approved and that the resolution creating the special assessment district for Paving Project No. 5703, District No. 608, be adopted. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Vice President Hamerlik declared the motion carried and the resolution adopted.

APPROVE APPLICATION FOR ASSISTANCE IN FUNDING
TRAIL CONNECTION IN LINCOLN DRIVE PARK AREA
IN GREENWAY

The staff report from the engineering department relating to Lincoln Drive Park trail connection in the greenway, with recommendation to approve the 2005 National Trails Program application for assistance in funding the trail connection in the Lincoln Drive Park area of the Greenway.

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

AWARD BID FOR FIRE SIMULATOR TRAINER FOR
FLAMMABLE LIQUIDS AND GASES

The staff report from the fire department relating to awarding bid fire simulator trainer for flammable liquids and gases (FLAG Trainer), with recommendation to award bid to Fireblast 451 for the sum of $36,000.00.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved and the bid awarded to Fireblast 451. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

ACCEPT BIDS FOR POLICE VEHICLES

The staff report from the police department relating to request to accept vehicle bids, with recommendation to accept two bids from Hansen Ford Lincoln Mercury, Inc. for five police package, four-door sedans and two full size, four-door, four wheel drive police vehicles. in the amount of $129,020.00.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE FINAL PLAT/REPLAT OF FLAAT'S SIXTH
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request on behalf of the City of Grand Forks for final (fast track) approval of the plat/replat of Flaat's Sixth Resubdivision to the city of Grand Forks, ND (located in the 3100 block of Elmwood Drive), with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF SPRUCEWOOD RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request on behalf of City of Grand Forks for final (fast track) approval of the Sprucewood Resubdivision to the city of Grand Forks (located on Spruce Court), with recommendation to give final approval of the plat, subject to conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT/REPLAT OF JENSEN'S ADDITION

The staff report from the Planning and Zoning Commission relating to request on behalf of City of Grand Forks and Ivan Jensen for the final (fast track) approval of the plat/replat of Jensen's Addition to the city of Grand Forks (located at 3707 Belmont Road), with recommendation to give final approval of the plat, subject to conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT; INTRODUCE ORDINANCE
TO AMEND STREET & HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF VERN'S
SOUTHERN ESTATES FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Vernon and Judith Gornowicz for preliminary approval of Vern's Southern Estates First Addition (located in the 1900 block of 47th Avenue South), with recommendation to give preliminary approval of 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 March 21, 2005.

It was moved by Council Member Kerian and seconded by Council Member Brooks 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 Vern's Southern Estates First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX VERN'S SOUTHERN
ESTATES FIRST ADDITION TO THE CITY

The staff report from the Planning and Zoning Commission relating to request from Vern and Judith Gornowicz for approval of the annexation of Vern's Southern Estates First Addition to the city of Grand Forks, ND (located in the 1900 block of 47th Avenue South), with recommendation to give preliminary approval of the ordinance, and set a public hearing date as required by law.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to annex all those lands to be known as Vern's Southern Estates First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF SOUTHBROOK
SECOND ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of the Southbrook Third Resubdivision, being a replat of Lot 18, Block 1, Southbrook Second Addition to the city of Grand Forks, ND (located in the 1500 block of 48th Avenue South), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, and give final approval on March 21, 2005.

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

ACCEPT PETITION TO VACATE ACCESS EASEMENT
LYING WITHIN AND ADJACENT TO BLOCK B, VILLAGE
RESUBDIVISION NO. 2

The staff report from the Planning and Zoning Commission relating to petition from Turning Point, LLC for approval to vacate the access easement lying within Lot G, Block B and adjacent to Lots 3 through 11, Block B, Village Resubdivision No. 2 to the city of Grand Forks, ND (located west of North 42nd Street between 5th Avenue North and University Avenue), 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 Brooks that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX SOUTHERN
ESTATES 4TH ADDITION TO THE CITY

The staff report from the Planning and Zoning Commission relating to petition from Guy Useldinger for approval of an ordinance to annex all of Southern Estates Fourth Addition to the city of Grand Forks, North Dakota, as shown on the enclosed map, which is by reference made a part thereof (located west of South 20th Street and north of 44th Avenue South), with recommendation to give preliminary approval of the ordinance, and set a public hearing date as required by law.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to annex all those lands known as Southern Estates 4th Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of a plat of Homestead Grove First Addition to the city of Grand Forks (located in the 4600 block of South Washington Street), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for March 21, 2005.

Council Member Kreun reported that when this was before Planning and Zoning there were concerns by residents on the retention pond areas that were developed in the PUD, and explanation was that the retention ponds will not hold water except during a heavy rain; also concern that it would draw some mosquitoes, etc. and in order to alleviate some of those concerns, the developer would design ponds into his landscape so that it would have to be maintained on a regular basis and located in such an area that it wouldn't be obtrusive to the neighborhood adjacent to the property being annexed. He stated there are some drainage problems in that area and landscaping will take the water away from the existing homes where this property abuts and will be directed towards the drainage area and help both the existing area and the newly developed area; and will be developed aesthetically pleasing and functional for both new development and existing property owners to the east.

Council Member Christensen stated he has been assured by the staff of CPS that they will examine and explore the moving of the retention pond closer to South Washington Street and wants residents close to this area to know that this is a concept plan and before there is future development in this area and a portion of the PUD, the developer has to come back to the Planning Commission and present what their proposed use is and how they expect to drain the property.

It was moved by Council Member Kreun and seconded by Council Member Christensen 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 Homestead Grove First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE HOMESTEAD GROVE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
ALL OF HOMESTEAD GROVE FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Crary Development, inc. for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the A-1 (Limited Development) District and to include within the Homestead Grove PUD (Planned Unit Development), Concept Development Plan, all of Homestead Grove First Addition and unplatted portions of the West Half of the Southeast Quarter of Section 22, Twp. 151 North, Range 50 West of the 5th Principal Meridian (located east of South Washington Street between 40th Avenue South and 47th Avenue South), 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 date for March 21, 2005.
It was moved by Council Member Kreun and seconded by Council Member Christensen 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 A-1 (Limited Development) District and to include within the Homestead Grove PUD (Planned Unit Development), Concept Development Plan, all of Homestead Grove First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX HOMESTEAD
GROVE FIRST ADDITION TO THE CITY

The staff report from the Planning and Zoning Commission relating to the petition from Crary Development, Inc. for approval of an ordinance to annex to the city of Grand Forks, North Dakota, all of Homestead Grove First Addition to the city of Grand Forks, North Dakota, to include adjacent property thereof as shown on the map included, which is by reference made a part hereof (located in the 4600 block of South Washington Street), with recommendation to give preliminary approval to the ordinance, and set a public hearing date as required by law.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to annex all those lands to be known as Homestead Grove First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

TABLE REQUEST TO AMEND TEXT OF LAND DEVELOPMENT
CODE, CHAPTER XVIII, AS AMENDED, AMENDING ARTICLE
9, SUBDIVISION REGULATIONS, RELATING TO SUBDIVISION
REGULATIONS AND PROCEDURES TO APRIL 18, 2005

The staff report from the Planning and Zoning Commission relating to request from Planning Department 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 9, Subdivision Regulations, repealing and re-enacting Section 18-0906, Procedure, relating to subdivision regulations and procedures, with recommendation for denial of the preliminary approval of the ordinance.

Howard Swanson, city attorney, stated he would like additional time to work on the ordinance that has been provided by the Planning Commission, and asked to table this request to April 18, 2005 and would like option to bring it back if done sooner.

It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the recommendation and to table the request to April 18, 2005 or sooner if completed. 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 PRAIRIEWOOD FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Crary Development, Inc. for preliminary approval of the plat of Prairiewood First Addition to the city of Grand Forks (located south of Adams Drive and east of Belmont Road), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan, and to set a public hearing date for March 21, 2005.

It was moved by Council Member Kerian and seconded by Council Member Brooks 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 Prairiewood First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN R-1 (SINGLE FAMILY RESIDENCE)
DISTRICT, ALL OF PRAIRIEWOOD FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Crary Development, Inc. 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 R-1 (Single Family Residence) District, all of Prairiewood First Addition to the city of Grand Forks (located east of South Washington street between 40th Avenue South and 47th Avenue South), with recommendation to give preliminary approval to the ordinance and set a public hearing date for March 21, 2005.

It was moved by Council Member Kerian and seconded by Council Member Brooks 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 A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District, all of Prairiewood First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.


INTRODUCE ORDINANCE TO ANNEX PRAIRIEWOOD
FIRST ADDITION TO THE CITY

The staff report from the Planning and Zoning Commission relating to petition from Crary Development, Inc. for approval of an ordinance to annex to the city of Grand Forks, North Dakota, all of Prairiewood First Addition to the city of Grand Forks, North Dakota, as shown on map included, which is by reference, made a part hereof (located in the 5600 block of Belmont Road), with recommendation to give preliminary approval of the ordinance and set a public hearing date as required by law.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to annex all those lands to be known as Prairiewood First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE APPOINTMENT TO PENSION AND INSURANCE
COMMISSION

The staff report from the Mayor's Office relating to Pension and Insurance Committee appointment, with recommendation to confirm the appointment of Mike Flannery to fill the unexpired term of Vince Liddy.

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

APPROVE BILL LISTING

Vendor Payment Listing No. 05-04, dated February 18, 2005, totaling $1,382,505.98, was presented and read.

It was moved by Council Member Kerian and seconded by Council Member Brooks 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. Vice President Hamerlik declared the motion carried and the bills ordered paid.

APPROVE MINUTES FEBRUARY 7 AND 14, 2005

Typewritten copies of the minutes of the city council meeting held on Monday, February 7, 2005 and of the special meeting held on February 14, 2005, 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 Kerian stated that they had many discussions about taxes and what citizens have to pay to live in this city, that there are some bills in front of the Legislature now that would deal with some of the property tax issues and invited people to learn about them and get involved, the Chamber holds a legislature forum and their next meeting is on March 5 and is an opportunity to get input, ask questions and also contact people by e-mail or phone and if have concerns about the way schools are funded and property tax issues, and invites people to review bills and make their wishes known.

2) Council Member Kreun stated that our Promenade Subdivision through Housing Authority and are in the process of building 10 units, a 5-plex, a duplex and 3 single families, and have pre-sold 2 single family units, and want to have an open house available for the Home Builders Show on March 18 and want some units available for that, and that in the year 2004 his tool box of tools funding mechanisms and have that funding mechanism in place, pay-back program for people above LMI and sold 18 homes under that program last year, called Home Buyer Incentive Program, and homes being sold through the American Dream Program (LMI area and income level people) sold 65 homes in that process, and nice to have incentives for people to purchase homes and they are all over $100,000 homes and several million dollars worth of homes put into tax rolls with our programs.

He stated that the landfill has been in the news the last few days and wants to re-affirm to all the regional people that this study that has been on-going for the last four years is a very in depth, thought out and very meticulous process and that we feel we are on the right track and when facts are all in, will come to the conclusion that we have done a good job, done our home work and hopefully will come about and have a positive outcome.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
___________________________________
Gerald Hamerlik, Vice President of Council