Print VersionStay Informed
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 20, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 20, 2005 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:

The BRAC rally hearing is on Thursday morning at 7:45 a.m. at the Chester Fritz Auditorium, that they have heard from groups outside Grand Forks and East Grand Forks who are going to be represented, that we need to make sure that our voices are heard in support of our Air Force Base, and that he is pleased of the work of all departments and individuals contributing to make this a success and make an impact. There are many thanks that need to go out to people who have stepped up to make the impossible things happen.
Congratulations and thank you to the Grand Cities Soccer Tournament organizers for another successful event this year.
Congratulations to the crew at the Grand Forks Cirrus plant, on Friday they celebrated the completion of plane 2000 and they are already talking plane 3000.
Mosquito spraying - they will be spraying tonight, that there have been about 9.5 inches of rain this past 45 days when expect 10.5 for the whole summer.

PRESENTATION OF WINNERS OF POWER AGAINST
SECOND-HAND SMOKE PROGRAM

Danielle Rowekamp. of the Health Department made presentation of awards to winners of Second Hand Smoke Program, this program teaches students of dangers of second hand smoke and that youth participated in a poster contest with winning posters becoming billboards that will go up locally: Cody Gerszewski, South Middle School; Kaitlin Medal, Valley Middle School.

ADOPT ORDINANCE NO. 4061, ANNEXING ALL OF
PROPOSED SOUTHERN ESTATES FIFTH ADDITION AND
STRIP OF LAND WEST THEREOF

An ordinance entitled "An ordinance to annex the south 990.83 feet of the north 1108.83 feet of the west 750 feet of the east 1310.0 feet of the Northeast Quarter of the Southwest Quarter of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, except land previously annexed to the city of Grand Forks, ND, or all of the proposed Southern Estates Fifth Addition and a 140 foot strip of land west thereof. Said tract of land containing 743,258 square feet or 17.06 acres more or less", which had been introduced and passed on its first reading on May 16, 2005, 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 exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

Upon call for the question of adoption of this 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.

TABLE FINAL PLAT, PUBLIC HEARING AND SECOND
READING OF ORDINANCE RELATING TO AMENDING OF
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF REAL PRESENCE
RADIO ADDITION TO JULY 18, 2005

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 Real Presence Radio Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing and second reading of the ordinance had been continued until this evening, was presented and read for consideration.

Mayor Brown opened the public hearing on the proposed ordinance, however, it was noted that the staff report from Planning and Zoning was recommending this matter be tabled again.

The staff report from the Planning and Zoning Commission relating to the matter of request from Advanced Engineering, Inc. on behalf of Lois Maier for final approval of the plat of Real Presence Radio Addition to the city of Grand Forks, ND and located at DeMers Avenue and South 69th Street, including a variance from Section 18-0907 (2)(L) 2 of the Land Development Code relating to access onto minor arterials, with recommendation to table final approval of the plat, subject to conditions shown on or attached to the review copy, including tabling of the final approval of an ordinance amending the Street and Highway Plan until July 18, 2005.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved and the matter tabled until July 18, 2005. Carried 7 votes affirmative.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4062,
AMENDING THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COTTAGE HOMES 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 Cottage Homes Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005 and upon which public hearing had been continued until this evening was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Steve Swanson, Advanced Engineering on behalf of Cottage Homesteads of America, Inc. for final approval of the plat of Cottage Homes Resubdivision to the City of Grand Forks, ND (located west of South Washington Street between 40th and 44th Avenues South), with recommendation to give final approval of the plat subject to conditions shown on or attached to the review copy, including final approval of an ordinance amending the Street and Highway Plan on June 20, 2005.

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

Upon call for the question of adoption of this 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.

ADOPT ORDINANCE NO. 4063, AMENDING ZONING MAP
TO INCLUDE WITHIN COTTAGE HOMES ADDITION PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF COTTAGE HOMES ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota,
to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Cottage Homes Addition PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The staff report from the Planning and Zoning Commission relating to the request by Steve Swanson, Advanced Engineering, on behalf of Cottage Homesteads of America, Inc. for final 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 Cottage Homes Resubdivision PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Resubdivision (located west of South Washington Street between 40th avenue South and 44th Avenue South), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy, including a restriction prohibiting walkout basements.

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 this 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.

TABLE MATTER OF FINAL PLAT AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF GREAT NORTHERN ADDITION FOR SIX WEEKS
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 Great Northern Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 16, 2005, and upon which public heading 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 for 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 the City of Grand Forks, ND and Associated Potato Growers for final approval of the replat of Lots 1 through 16, Block 4, Lot C, Block 2, and Lot C, Block 3 of the Great Northern First Addition to the city of Grand Forks, North Dakota (located at Alpha Avenue and North 6th Street), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.

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

Council Member Christensen stated he believed that this item should be tabled until they get the report about the effectiveness of our affordable housing project. Council Member Kreun stated they can table this item as well as the next item on the agenda as both items go together, that they compiled some information from the engineering department, assessing department and urban development and that information is now ready and would like to put a meeting together with two committee chairs and possibly Mr. Gershman and then bring it back on the committee of the whole.

Council Member Christensen moved to table this matter for a period of six weeks until they have the report prepared and back to council; Council Member Gershman seconded the motion. Carried 7 votes affirmative.

TABLE FINAL PLAT AND ORDINANCE TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF SOUTHERN ESTATES
FIFTH ADDITION FOR 6 WEEKS

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 Fifth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 16, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading.

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 for the public hearing. There were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Fifth Addition to the city of Grand Forks, ND (located west of South 20th Street between the Southend Drainway and 43rd Avenue south) also to include approval of the plat as a designated affordable housing district, with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy, 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 Christensen to table this matter for a period of six weeks until they have the report prepared and back to council. Carried 7 votes affirmative.

RECONSIDER MATTER OF TABLING FINAL PLAT AND SECOND
READING OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF GREAT NORTHERN ADDITION AND APPROVE FINAL
PLAT AND ADOPT ORDINANCE NO. 4064 AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF GREAT NORTHERN ADDITION

It was moved by Council Member Hamerlik and seconded by Council Member Christensen to reconsider the action of the city council relating to tabling approval of final plat and second reading of an ordinance to amend the Street and Highway Plan of the city of Grand Forks to include the public rights of way shown as dedicated on the plat of Great Northern Addition for a period of 6 weeks. Carried 7 votes affirmative.

The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND and Associated Potato Growers for final approval of the replat of Lots 1 through 16, Block 4, Lot C, Block 2, and Lot C, Block 3 of the Great Northern First Addition to the city of Grand Forks, North Dakota (located at Alpha Avenue and North 6th Street), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of the ordinance to amend the Street and Highway Plan to include the public rights of way shown as dedicated on the plat of Great Northern Addition, 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 motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4065, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTHERN ESTATES PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 5, ALL OF COLUMBIA PARK 24TH AND
26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISION,
ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD, FOURTH,
AND FIFTH ADDITIONS, INCLUDING UNPLATTED PORTION
OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 151 NORTH,
RANGE 50 WEST OF THE 5TH P.M.

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, third, Fourth, and Fifth Additions to the city of Grand Forks, North Dakota and also including unplatted portion of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on May 16, 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.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment no. 5, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third, Fourth and Fifth Additions to the city of Grand Forks, ND and also to include unplatted portions of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of Columbia Road between 36th Avenue South and 47th Avenue South), with recommendation to 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 Christensen 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 motion carried and the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4066
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
AUDITOR'S SUBDIVISION NO. 39

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 Subdivision No. 39, Grand Forks, North Dakota", which was introduced and passed on its first reading on May 16, 200, 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 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 request from the City of Grand Forks, ND on behalf of Residual Materials, Inc., Landmark Investments, LLC, and Minnkota Power Cooperative for final approval of the plat of Auditor's Subdivision No. 39 to the city of Grand Forks, ND (located at Red Dot Place), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.

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

ADOPT ORDINANCE NO. 4067, RELATING TO SMOKING
IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

An ordinance entitled "An ordinance enacting Article 11 of Chapter 13 of the Grand Forks City Code relating to smoking in public places and places of employment", which had been introduced and passed on its first reading on June 6, 2005, and was presented and read for consideration on second reading and final passage.

The following individuals addressed the city council:

Robert Reis, 1725 28th Avenue South, UND student, stated support for the smoking ban, and presented short video.

Dave Molmen, 398 Woodland Circle, chief operating officer of Altru Health System, stated support of the ordinance.

Council Member Kerian moved approval of the ordinance and to make an amendment to the ordinance that bars will no longer be exempt in one year, August 1, 2006. Council Member Glassheim seconded the motion.

Council Member Hamerlik stated we have a motion on the floor in the first reading of the ordinance and shouldn't we have the amendment first. Mr. Swanson stated it maybe easiest to deal with the amendment first, and that he intends to discuss a memo that he had distributed to the council earlier which may lead to some additional amendments. Council Member Kerian then moved that only as an amendment to the ordinance, Council Member Glassheim seconded the motion. Mr. Swanson stated that as he understands the motion it is a motion to amend by providing a sunset for bars effective August 1, 2006.


Council Member Glassheim stated he hoped the council would support this motion, this is exactly the way the State Bill came out of the Senate as they were going to have a period of adjustment for bars to get used to the fact that we were going to do away with smoking everywhere, and hope not have some exemptions as every time you make exemptions, then start people down the road of more people wanting to get liquor licenses so that they can have smoking, doing different things to come in under the exemption, better off if we get to the point where we say there isn't smoking in public places, but don't make it confusing or community divided against itself, and has heard comments that if we don't allow smoking in bars will lose traffic from Winnipeg, etc. and understands that Winnipeg is totally smoke free but they have accepted it and adapted to it and that this is a reasonable compromise to give people time to realize that in bars they are going to go smoke free but give it a year before becoming final.

Council Member Gershman stated that we do have a process in place now where we are meeting with East Grand Forks trying to come to a consensus between the two communities to prohibit smoking and to put a time limit on it right now is against the spirit of cooperation and would like to have that take its course and wanted to put that on the record.

Upon roll call vote the following voted "aye": Council Member Glassheim, Kerian - 2; voting "nay": Council Members Brooks, Hamerlik, Gershman, Christensen, Kreun - 5. Mayor Brown declared the motion failed.

It was moved by Council Member Christensen and seconded by Council Member Brooks for approval of the ordinance.

Mr. Swanson reported he distributed by memorandum a draft which incorporated all of the amendments which were made on the floor of your previous city council meetings, and tonight placed on council members desks a slightly different version of the ordinance and reviewed recommended changes, and that the changes tonight are not substantive in nature but structure or clarification:

a) In Section 13-1101, purpose, language that had previously appeared within the text of 13-1103 and moved it to Purpose, with no substantive effect, all of the language regarding the intent or purpose of the ordinance is now under Purpose.

b) Definition of place of employment, public place, has substituted the word "indoor" for enclosed or have added the word "indoor" because of a concern with the state legislation, the State Statute uses the word "enclosed" in three different ways and believes they are inconsistent, and by drawing a distinction between "indoor" and "enclosed" believes clarifies and eliminates any of those three contradictions.

c) Definition of restaurant, has added the floor amendment which provides for outdoor areas and also included in an identification which excludes a bar from a restaurant, have a very limited definition of bar that follows the four different classes and requires essentially only those over age 21 to be admitted into a bar and is drawing a distinction between restaurants and bars, that a restaurant will not be considered a bar for purposes of allowing smoking.

d) The definition "separately enclosed area " as before was identified as enclosed area, other than adding the word separately there is no other change and added separately because that is what appears in the text both of the State Statute when it identifies the truck stop exceptions and have identified it as it applies to the bars which specifically apply to hotels, motels, and bowling centers which already require that they have to have a separately enclosed area, but doesn't believe that has a substantive change but is clearer in the drafting.

e) Definition of shopping mall, the definition of sports arena has substituted the word "indoor" for enclosed.

f) Section 13-1103 which lays out the prohibition, broken those into two sections, first section (1) provides "except as otherwise provided herein, smoking is prohibited in all public places or places of employment, then look at definitions of those two. In subsection (2) this is the area Grand Forks differs from the State Statue, and specifically identify that smoking is prohibited in indoor and outdoor areas of restaurants within 5 ft. of any entrance or exit to a public place or place of employment, and any area designated as non-smoking by the business employer, manager or person in control of public place. This allows anyone to quickly and easily identify the major and substantive distinctions between Grand Forks ordinance and State law.

g) Has renumbered subsection 8 and identified as a separate section as 13-1104, the right to designate non-smoking areas, and that allows the business owner or manager to designate that, and this is a stronger provision and gives greater rights to a business owner or property owner than present State law provides. No substantive changes from that previously provided to you other than re-numbered.

h) Section 13-1105 posting of signs or symbols required, that incorporated the floor amendments from the previous action.

Those are the suggested changes that his office is recommending, and if concur with them, ask that they include those in your motion.

Council Member Christensen moved to amend the ordinance to incorporate all of the changes Mr. Swanson has recommended as the second draft of the ordinance. Council Member Hamerlik seconded the motion. Upon roll call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun, Brooks - 7; voting "nay": none. Mayor Brown declared the amendment approved.

Council Member Kerian moved to put date certain as August 1, 2007, which is what the Senate had originally done to sunset the exemptions at August 1, 2007. Council Member Glassheim seconded the motion.

Council Member Hamerlik and Council Member Brooks moved the question. Upon voice vote the motion carried 5 votes affirmative, Council Members Kerian and Glassheim voted against the motion.
Mayor Brown stated that the motion carried.

Upon call for the question on the amendment to sunset the exemptions as August 1, 2007, and upon roll call vote the following voted "aye": Council Members Glassheim, Kerian, Kreun - 3; voting "nay": Council Members Gershman, Christensen, Brooks, Hamerlik - 4. Mayor Brown declared the motion failed.

Upon call for the question on adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Gershman, Christensen, Kerian, Kreun, Brooks, Hamerlik, Glassheim - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
Council Member Christensen stated as the Coalition and the public considers what we did, would remind everyone that the ordinance just passed is much better than the State law and clearly defines where you can't smoke in this community, we have precluded the right for anybody to smoke in the restaurants, and that we will revisit this issue again in the year 2007 after the Legislature has an opportunity to revisit it and we are proud of having the opportunity to consider all the arguments and develop this ordinance for the citizens of this community.

Council Member Kerian stated that while it is possible we could bring this up again in 2007 and also possible it could come up beforehand, and through this process more people are aware that this is a health issue and there are some choices that people have, so hopes Coalition continues with education and hope all the people who spoke for it continue to speak out so can do it sooner if people choose to take further action.

Council Member Gershman thanked Mr. Swanson for his work and to Council Member Kerian, and these issues can be very divisive and can become personal and that never happened here, and about Coalition members too, discussions were substantive in principal and appreciates that

Mayor Brown noted that the ordinance goes into effect August 1, 2005 in the city of Grand Forks

ADOPT ORDINANCE NO. 4068 RELATING TO SEWER
CONNECTION OR SERVICES FEES FOR NEWLY DEVELOPED
PROPERTY

An ordinance entitled "An ordinance adopting Article 4 of Chapter XV relating to sewer connection or services fees for newly developed properties", which had been introduced and passed on its first reading on June 6, 2005, was presented and read for consideration on second reading and final passage.

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

Upon call for the question 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 RESOLUTION VACATING UTILITY EASEMENT
IN BLOCK 1, MAIER'S THIRD ADDITION

The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate all of a 20 ft. wide utility easement being 10 feet on each side of the line common to Lots 3 and 6, Block 1, Maier's Third Addition, 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 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 the City of Grand Forks, ND on behalf of the Grand Forks Growth Fund for approval of a petition to vacate all of a 20-foot wide utility easement being 10 feet on each side of the line common to Lots 3 and 6, Block 1, Maier's Third Addition to the city of Grand Forks, ND (located at 1400 South 48th Street, with recommendation to give final approval to the request.

It was moved by Council member Gershman and seconded by Council Member Kreun to approve the recommendation and that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.

Council Member Gershman introduced the following resolution which was presented and read: Document No. 8725 - Resolution.

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

ADOPT RESOLUTION VACATING UTILITY EASEMENTS
LYING WITHIN LOTS 2 - 6, BLOCK 1, HUGHES ADDITION

The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate the street, public access and bikeway walkway easements lying within Lots 1 through 6, Block 1, Hughes Addition, (located in 3600 block of Belmont Road), 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 opened the public hearing; there were no comments and the public hearing was closed.

It was moved by Council Member Kerian 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 Kerian introduced the following resolution which was presented and read: Document No. 8726 - Resolution.

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


ADOPT RESOLUTION TO VACATE RIGHT OF WAY AND
UTILITY EASEMENTS IN BLOCK 1, DEAN'S 2ND SUBDIVISION

The city auditor reported that pursuant to the instructions by the city council after having received a petition to the street right-of-way, utility easements lying within Lots 1 through 4, Block 1, Dean's 2nd Subdivision (located in 3500 block of Belmont Road), 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 opened the public hearing; there were no comments and the public hearing was closed.

It was moved by Council Member Kerian and seconded by Council Member Gershman that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.

Council Member Kerian introduced the following resolution which was presented and read: Document No. 8727 - Resolution.

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

ADOPT RESOLUTION VACATING ALLEY LYING ON LANDS
PLATTED AS RIVER OAKS ADDITION AND ONTO LANDS
PLATTED AS ANDERSON'S ADDITION, AND EASEMENTS
IN RIVER OAKS ADDITION

The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate the 20-foot wide alley lying 5 feet onto lands platted as River Oaks Addition and 15 feet onto lands platted as Anderson's Addition, commencing 189.14 feet easterly of the southwest corner of lands platted as Lot 6, River Oaks Addition, then running easterly to the east line of Anderson's Subdivision, and a 30-foot wide bikeway and pedestrian easement along the east side of Lots 6 and 7, River Oaks Addition, adjacent to the Red River, 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 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 Glassheim 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. 8728 - Resolution.

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

ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN LOT 1, BLOCK 1, WESTACOTT'S 4TH SUBDIVISION

The city auditor reported that pursuant to the instructions by the city council after having received a petition to vacate the 20-foot wide utility easement in Lot 1, Block 1, Westacott's 4th Subdivision (located at 2215 Gateway 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 opened the public hearing; there were no comments and the public hearing was closed.

It was moved by Council Member Christensen 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 Christensen introduced the following resolution which was presented and read: Document No. 8729 - Resolution.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 615, PROJECT NO. 5842; AND AWARD
CONTRACT

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 615, Project No. 5842, construction of pavement on Adams Drive from Belmont Road approximately 710 feet east, had expired on June 13, 2005, 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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 8730 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 615, Project No. 5842, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 7 votes affirmative.

The city auditor presented and read tabulation of bids which had been received and opened on June 6, 2005 for Paving Project No. 5842, District No. 615, indicating that Aggregate Industries-North Central Region, Inc. was the low bidder based upon their bid in the amount of $162,335.50.

The city engineer's estimate of total cost on Paving Project No. 5842, District No. 615, in the amount of
$206,200.00, was presented and read,

The staff report from the engineering department relating to consideration of bids for Project No. 5842, paving Adams Drive, with recommendation to award contract to low bidder, Aggregate Industries, in the amount of $162,335.50. It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8731 - Resolution. 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. 614, PROJECT NO. 5834; AND AWARD
CONTRACT

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 614, Project No. 5834, construction of pavement on in Countryview Third Resubdivision from Belmont Road east to the east edge of Lot 9, Block 1, had expired on June 13, 2005, 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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 8732 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 614, Project No. 5834, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 7 votes affirmative.

The city auditor presented and read tabulation of bids which had been received and opened on June 6, 2005 for Paving Project No. 5834, District No. 614, indicating that Aggregate Industries-North Central Region, Inc. was the low bidder based upon their bid in the amount of $134,882.71.

The city engineer's estimate of total cost on Paving Project No. 5834, District No. 614, in the amount of
$171,350.00, was presented and read,

The staff report from the engineering department relating to consideration of bids for Project No. 5834, paving in Countryview Third Resubdivision from Belmont Road east to the east edge of Lot 9, Block 1, with recommendation to award contract to low bidder, Aggregate Industries, in the amount of $134,882.71. It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8733 - Resolution. 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. 613, PROJECT NO. 5811; AND AWARD
CONTRACT

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 613, Project No. 5811, construction of pavement on Prairiewood Drive from the south lot line of Lot 6, Block 2, west and south to the south plat line, including connecting drives to Belmont Road and Adams Drive, Prairiewood 1st Addition, had expired on June 13, 2005, 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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 8734 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 613, Project No. 5811, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 7 votes affirmative.

The city auditor presented and read tabulation of bids which had been received and opened on June 6, 2005 for Paving Project No. 5811, District No. 613, indicating that Aggregate Industries-North Central Region, Inc. was the low bidder based upon their bid in the amount of $270,601.88.

The city engineer's estimate of total cost on Paving Project No. 5811, District No. 613, in the amount of
$343,700.00, was presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 5811, paving Prairiewood Drive from the south lot line of Lot 6, Block 2, west and south to the south plat line, including connecting drives to Belmont Road and Adams Drive, Prairiewood 1st Addition, with recommendation to award contract to low bidder, Aggregate Industries, in the amount of $270,601.88. It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the bid was presented and read: Document No.
8735 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

APPROVE ABATEMENT OF 2004 TAXES ON PROPERTY
AT 3982 DACOTAH VIEW COURT

The staff report from the assessing department relating to application for abatement for 2004 taxes by Dorothy Horner, 3982 Dacotah View Court, with recommendation to Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. 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.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN PROJECT NO. 5818, DISTRICT NO. 286

The staff report from the engineering department relating to creating special assessment district for Project No. 5818, District No. 286, watermain for 44th Avenue South between South Washington Street and South 16th 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 tht we declare intent to sell bonds to finance these improvements

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8736 - Resolution.

The city auditor presented and read the engineer's report on Watermain Project No. 5818, District No. 286: Document No. 8737 - Report.

Council Member Gershman introduced the following resolution to prepare plans and specifications which was presented and read: Document No. 8738 - Resolution.

It was moved by Council Member Gershman 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. 5818, District No. 286, be accepted and 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 motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 5819, DISTRICT NO. 439

The staff report from the engineering department relating to creating special assessment district for Project No. 5819, District No. 439, storm sewer on 44th Avenue South from South Washington Street to Southend Drainway, 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 Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8739 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 5819, District No. 439: Document No. 8740 - Report.

Council Member Gershman introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8741- Resolution.

It was moved by Council Member Gershman 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 prepared plans and specifications for Sewer Project No. 5819, District No. 439, be accepted and 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 motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
5820, DISTRICT NO. 616

The staff report from the engineering department relating to creating special assessment district for Project No. 5820, District No. 616, paving 44th Avenue South from South Washington Street to the Southend Drainway, 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 Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8742 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5820, District No. 616: Document No. 8743 - Report.

Council Member Gershman introduced the following resolution of necessity which was presented and read: Document No. 8744 - Resolution.

It was moved by Council Member Gershman 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. 5820, District No. 616, be accepted and 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 motion carried and the report and resolutions adopted.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST, AND AWARD CONTRACT FOR SEWER PROJECT
NO. 5772, DISTRICT NO. 435, AND WATERMAIN PROJECT
NO. 5773, DISTRICT NO. 285

The city auditor presented and read tabulation of bids which had been received and opened on June 6, 2005 for Sewer Project No. 5772, District No. 435, and Watermain Project No. 5773, District No. 285, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amounts of $80,410.00 and $48,290.00, respectively, for a total bid of $128,700.00.

The city engineer's estimates of total cost on Sewer Project No. 5772, District No. 435, and Watermain Project No. 5773, District No. 285, in the amounts of $102,150.00 and $61,350.00, respectively, was presented and read.

The staff report from the engineering department relating to consideration of bids for Project Nos. 5772 and 5773, sanitary sewer and watermain for Desiree Drive, with recommendation to award contract to low bidder, Soberaski, Inc., in the amounts of $80,410.00 and $48,290.00, respectively for a total of $128,700.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8745- Resolution. 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 BID FOR PROJECT NO. 5844, 2005 CITY BUS
GARAGE REPAIRS

The staff report from the engineering department relating to consideration of bids for Project No. 5844, 2005 City Bus Garage Repairs, with recommendation to award contract to low bidder, Strata Corporation in the amount of $37,472.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks 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 PROJECT NO. 5742, 2005 ADA CURB
RAMPS

The staff report from the engineering department relating to consideration of bids for construction of Project No. 5742, 2005 ADA Curb Ramps, with recommendation to award contract to low bidder, Heston Contracting, in the amount of $53,865.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks 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 and the contract awarded.

APPROVE COST PARTICIPATION, CONSTRUCTION AND
MAINTENANCE AGREEMENT FOR PROJECT NO. 5627,
HIGHWAY SAFETY PROJECTS

The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 5627, Highway Safety Projects - flashing beacon on 17th Avenue South and battery backup system for signalized intersection, with recommendation to approve execution of the Cost Participation and Maintenance Agreements with the North Dakota Department of transportation, contingent on final staff and city attorney review. The NDDOT approved funds in the amount of $47,500.00, with balance of project cost is obligation of the City.

It was moved by Council Member Gershman and seconded by Council Member Brooks 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 REQUEST FOR DRIVEWAY WIDENING
AT 1251 SOUTH 48TH STREET

The staff report from the engineering department relating to request for driveway widening by Stevens Mattress Manufacturing, Inc., with recommendation to approve the request for a 52 ft. wide driveway at 1251 South 48th Street.

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

APPROVE FUNDING FOR COMMUNITY GREENS
IRRIGATION SYSTEM PROJECT, PROJECT NO. 5789

The staff report from the engineering department relating to greenway betterment funds for Project No. 5789, Community Greens Irrigation System, with recommendation to approve use of greenway betterment funds to increase budget for Community Greens Irrigation System Project from $30,000 to $55,000.00.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE AGREEMENT FOR PROJECT NO. 5635, FLOOD
PROTECTION PROJECT, PHASE 4, UTILITY RELOCATES

The staff report from the engineering department relating to Utility Relocation Agreement with Quest Communications for Project No. 5635, Grand Forks Flood Protection Project, Phase 4, Utility Relocates, with recommendation to approve agreement with Quest Communications to relocate their facilities as needed for Phase 4 of the Flood Protection Project, contingent upon review of the city attorney. Est. cost of required relocation $50,800.

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

REFER MATTER OF REQUEST FOR SNOWMOBILING IN
GREENWAY TO STAFF AND APPROPRIATE AGENCIES
FOR STUDY

The staff report from the engineering department relating to snowmobiling in the greenway, with recommendation to direct staff work with the local snowmobile groups and police department to research and study possible snowmobile routes in the Grand Forks greenway to bring back to the flood protection committee for review and council for final approval.

Council Member Kreun moved that the greenway is a non-motorized area. Council Member Christensen seconded the motion.

Steven Renslow, 717 Oak Street, member of the Red River Snowmobile Club, stated there has been a process in place for the Greenway Technical Committee to determine snowmobile routes through the greenway and snowmobile trails have been a part of the greenway for years. He noted that the brochure put out by the Greenway Technical Committee shows snowmobile trail and follows from the north boat landing along the Red River to the southend of Grand Forks, and currently the only part that is approved is from the north boat landing to the Sorlie Bridge and that the Snowmobile Club maintains and grooms the trails. He stated they don't consider the river a safe trail that trails will slow speeds down, and this is a way of keeping people off of the river, trail would be along the river and wouldn't interfere with other activities in the greenway.

Council Member Kreun stated they have designated routes to access certain areas and would still leave those which were designated and drawn by the police department, and don't want to reduce those but still not suggesting that they have designated snowmobile routes through the greenway area and wanted that to stay in place in the motion but stay with original motion being non-motorized. Council Member Christensen accepted that change to the motion.

Mr. Renslow stated he thought this was a recommendation to study snowmobile routes along the greenway from the Greenway Committee. Council Member Kreun stated that was the recommendation but his motion is not to have it and not be studied. Mr. Renslow stated that East Grand Forks allows snowmobiles in the city limits as long as going to and from and are part of the greenway.

Steve Magnuson, 225 Plain Hills Drive, board member of the Red River Snowmobile Club, stated they
worked with Technical Committee and with the Cities of Grand Forks and East Grand Forks, and always been in the plans of the greenway and even exhibited trails at state convention. He stated they were contacted couple weeks ago asking where they wanted the routes and has been the same routes since 1997; have worked with Melanie Parvey-Biby and police department; and have asked that the trail be close to the river. He stated that noise isn't an issue, snowmobiles have to be at 75 or 65 decibels at 15 mph, snowblowers are about 95 or 100, lawnmowers 85 or 90, motorcycles are loud. He stated there have been studies down re wildlife - shouldn't be problem with deer, etc. He stated they have worked with the greenway technical comm. since the flood.

Brian Coster, 723 S. 9th Street, member of snowmobile club, stated he worked with the City in getting trails they do have approved in town, pre-flood, and his question is why they are here to make the decision and if motion is based on fact or a response to certain circumstances that have happened in the past, and stated he thinks there is room for discussion and asked that the council not make a decision tonight, but would like to review this further so they can bring their documentation to the table so that everybody gets a feeling of what they are voting on rather than just shutting them down.

Council Member Brooks stated staff is recommending to study this and come back with recommendation and let staff work with snowmobile clubs and bring back recommendation and then act on it, would vote against what is before us because getting ahead of ourselves and need staff's input. Council Member Hamerlik agreed and that at committee of the whole was to recommend study and to go with the study as considered last week.

Council Member Christensen stated that staff reported it is time to discuss the issue of extending snowmobile routes in the greenway, and should begin in depth review of the policies that will govern the future use of the greenway; one of those policies will be the extent, if any, if any motorized vehicles will be allowed in the greenway, what would motorized vehicles do to wildlife, etc. and if authorize motorized vehicles in the greenway then have to consider how to enforce those rules.

Chief Packett stated the police department has worked with the snowmobile club, the Park District and city engineering staff on this issue, and have had several meetings with those groups on the specific subject, and intent of staff was to allow staff to move forward with those groups to research and answer questions that council may have and in the near future where ordinances and criteria can be developed on the use of the greenway. He stated the clubs have been very good about obeying the routes and may have some outside the clubs who violate those, but basically the police department sits down each spring, reviews the routes of the previous year to see what worked well and what may open up in the near future, and that possibly some areas were going to be worked up this winter so staff looked at those and has been general guide to complete a loop around the city to connect with other trails in the region to allow people to come into the city and do commerce and have good recreation; another concern they have had is that they don't want to over legislate the greenway, that this discussion is coming up now to give staff and the users of the greenway to look at that; they have a missing link in the long term goal of a loop. - they should look at the issue in totality to see what they can do to open the area to as much use as possible but protect the integrity of the original intent of what a greenway is.
Council Member Gershman stated that the issue is the opportunity for Grand Forks to have a very quiet beautiful natural area and has received comments in support of maintaining the greenway as a peaceful quiet area. He stated the parks in Grand Forks do not allow motorized vehicles, and that if East Grand Forks does allow snowmobiles perhaps we can connect at a farther distance and will be able to go along a greenway. Mr. Magnuson stated they have been in Riverside Park for quite few years and worked with Park District.

Council Member Kreun reported that trees that were planted in greenway area and were destroyed by snowmobiles, had sledding for kids and received complaints where snowmobiles came through there - noise of snowmobiles, that many change exhausts etc. - destruction of area where snowmobiles go off the area and ride when shouldn't be and trail damaged and those are issues that they have.

Council Member Christensen asked why direct staff when we already have an ordinance on the books that authorizes the chief of police to set the snowmobile routes and has a copy of the proposed route from the Snowmobile Club to extend the route from the north through the entire greenway, and that when this issue was brought to council several years ago rather than having this issue every year gave the chief of police the power to designate snowmobile routes within the community so snowmobile users could have ingress and egress and ring the city, knowing that people generally went along the river - and now changed since construction of the dike, and time has come for a complete review of the future policies that this community wants addressed as this community uses the greenway for the opportunity to recreate throughout all four seasons, maybe prudent to go on record that we oppose motor vehicles of any kind in the greenway area, but a general sense to be given by this council to the staff as far as the formation of policy so they don't spend a lot of time developing a policy that may fall on deaf ears - give direction to staff before they engage in the exercise of policy extension should Chief Packett choose to extend the snowmobiles in the greenway for 2005-06 is per the authority given to him by this council, and is free to do that.

Mr. Coster stated he is an avid snowmobiler, and keeps hearing is a noise issue, that he is asking for the opportunity to prove that the noise issue will actually be better by allowing snowmobiles in the park and noise will actually be less. He stated the other issue is the safety of being able to get snowmobilers off the river, give them a safe place to ride, and let police department do their job, reduce speeds which reduce noise level so benefit to people and wildlife and snowmobiles because it's a beautiful place to ride; not as recreational area but avenue for somebody to come in town and get to businesses, people don't want to ride city streets, allow them to enjoy that area.

Council Member Hamerlik stated the report from staff was to study this and many people might appear if had public discussion but issue tonight was whether or not to direct staff to study it rather than make a decision, and called for the question.

The city auditor stated that the motion before council is that the greenway be a non-motorized area except for areas already approved as snowmobile routes, and was moved by Council Member Kreun and seconded by Council Member Christensen.

Council Member Hamerlik moved to table this issue until the police department has opportunity to work with the appropriate groups and report back at its earliest possible convenience. Council Member Brooks seconded the motion.

It was noted there is a motion on the floor but Mr. Swanson advised that a motion to table has a higher precedence which can be made whether there is a motion on the floor or not.

Upon roll call the following voted "aye": Council Members Kerian, Brooks, Hamerlik - 3; voting "nay": Council Members Christensen, Kreun, Glassheim, Gershman - 4. Mayor Brown declared the motion to table failed.

Council Member Christensen moved to amend Council Member Kreun's motion to direct staff to work with Greenway Technical Committee and the Flood Protection Committee and such other agencies that they deem appropriate to develop a policy as to the use of or non-use of motorized vehicles within the greenway. Mr. Swanson advised that the motion is somewhat inconsistent with the primary motion and that the primary motion makes a definitive determination that motorized vehicles not allowed. After further discussion Council Members Kreun and Christensen then withdrew the original motion and second.

Council Member Hamerlik seconded Council Member Christensen's motion. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE REPLAT OF LOTS 6 AND 7, RIVER OAKS
ADDITION

The staff report from the Planning and Zoning Commission relating to request from the city of Grand Forks and Fredoon Anvary for final approval of the Replat of Lots 6 and 7, River Oaks Addition to the city of Grand Forks, ND (located on River Oaks Circle), with recommendation to give final approval subject to the conditions shown on or attached to the review copy.

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

APPROVE PETITION TO VACATE PORTION OF SOUTH
16TH STREET R/W SOUTH OF 44TH AVENUE SOUTH

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Stadter Center for approval of a petition to vacate a portion of South 16th Street right of way south of 44th Avenue South between Curran's 2nd Subdivision and Stadter Resubdivision to the city of Grand Forks, ND, with recommendation to approve the petition and set a public hearing as prescribed by law.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved, that the petition filed in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, August 1, 2005. Carried 7 votes affirmative.

APPROVE VARIANCE TO THE LAND DEVELOPMENT CODE,
ARTICLE 9, SUBDIVISION REGULATIONS - RELATING TO
R/W ACCESS TO PRINCIPAL ARTERIAL STREETS FOR LOT
7, BLOCK 1, FAIRGROUNDS THIRD RESUBDIVSION

The staff report from ICON Architects on behalf of Grand Forks County for approval of a variance to the Land Development Code, Article 9, Subdivision Regulations, Section 18-0907, Subsection (2), Rights of way; paragraph (L) Right of Way Access, subparagraph 3, relating to right of way access to principal arterial streets for Lot 7, Block 1, Fairgrounds Third Resubdivision to the city of Grand Forks, ND (located in the 1600 block of North Washington Street), with recommendation for approval of the request.

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

ACCEPT PETITION FOR VACATION OF 20-FOOT WIDE
UTILITY EASEMENT IN BLOCK 2, PERKINS FOURTH ADDN.

The staff report from the Planning and Zoning Commission relating to request from HDD, Inc. for approval of a petition to vacate a 20-foot wide utility easement being 10 feet on each side of the line common to Lots J and K, Block 2, Perkins Fourth Addition to the city of Grand Forks, ND (located at 3696 and 3697 Balsam Circle, with recommendation to approve the request for vacation and to set a public hearing as prescribed by law.

It was moved by Council Member Gershman 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 (August 1, 2005). Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF LOT 3, BLOCK 1,
PERKINS 1ST ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of the City of Grand Forks, ND for preliminary approval of the replat of Lot 3, Block 1, Perkins 1st Addition to the city of Grand Forks, ND (located in the 3200 block of South Columbia Road), with recommendation to give preliminary approval of 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 to set a public hearing for July 18, 2005.

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 3, Block 1, Perkins 1st Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF LOT A, BLOCK 1,
PERKINS 1ST ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of the City of Grand Forks, ND for preliminary approval of the replat of Lot A, Block 1 of the Replat of Lots 1 and 4, Block 1, Perkins 1st Addition to the city of Grand Forks, ND (located in the 3300 block of South Columbia Road), with recommendation to give preliminary approval of 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 to set a public hearing date for July 18, 2005.,

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot A, Block 1, Perkins 1st Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF LOT 3, BLOCK 2,
PERKINS 3RD ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of the City of Grand Forks, ND, for preliminary approval of the replat of Lot 3, Block 2, Perkins 3rd Addition to the city of Grand Forks, ND (located west of Columbia Road and north of 36th Avenue South), with recommendation to give preliminary approval of the replat, 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 to set a public hearing date for July 18, 2005.

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 3, Block 2, Perkins 3rd Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE REPLAT OF LOT 1, BLOCK 1,
COLUMBIA MALL SECOND RESUBDIVISION

The staff report from CPS, Ltd. on behalf of the City of Grand Forks, ND for preliminary approval of the Replat of Lot 1, Block 1, Columbia Mall Second Resubdivision to the city of Grand Forks, ND (located west of Columbia Road and south of 24th Avenue South, with recommendation to give preliminary approval of 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 to set a public hearing date for July 18, 2005.

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 1, Block 1, Columbia Mall Second Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of the Stadter Center for preliminary approval of the Stadter Second Resubdivision to the city of Grand Forks, ND (located in the 4500 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 to set a public hearing date for July 18, 2005.

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

Council Member Brooks 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 Stadter Second Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF COUNTRYSIDE ACRES
ADDITION

The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND on behalf of Kermit and Patricia Rickford for preliminary approval of the Plat of Countryside Acres Addition to the city of Grand Forks, ND (located on Columbia Road and Merrifield Road), with recommendation to give preliminary approval of 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 to set a public hearing date for July 18, 2005.

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

Council Member Brooks 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 Countryside Acres Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF WHEATLAND ACRES
SUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND on behalf of Lawrence Johnson, et.al, for preliminary approval of the Wheatland Acres Subdivision to the city of Grand Forks, ND (located at Columbia Road and Merrifield Road), with recommendation to give preliminary approval of 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 to set a public hearing date for July 18, 2005.

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

Council Member Brooks introduced 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 Wheatland Acres Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE REPLAT OF LOT 1, BLOCK 1,
COLUMBIA PARK 24TH ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of the City of Grand Forks, ND for preliminary approval of the replat of Lot 1, Block 1, Columbia Park 24th Addition to the city of Grand Forks, North Dakota (located east of Columbia Road and south of 36th Avenue South), with recommendation to give preliminary approval of 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 to set a public hearing date for July 18, 2005.

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 1, Block 1, Columbia Park 24th Addition", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF PERKINS 12TH
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from HHD, Inc. for preliminary approval of the Plat of Perkins 12th Resubdivision to the city of Grand Forks, ND (located on Balsam Circle, east of South 34th Street and south of 36th Avenue South), 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 Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN PERKINS THIRD PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 4, ALL OF PERKINS THIRD, FOURTH AND
FIFTH ADDITIONS, AND ALL OF PERKINS 6TH THROUGH
12TH RESUBDIVISIONS

The staff report from the Planning and Zoning Commission relating to the request from HHD, Inc. for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Perkins 3rd, 4th and 5th Additions and all of Perkins 6th through 12th Resubdivisions to the city of Grand Forks, ND (located in the NE Quarter of Section 20, T151N, R50W of the 5th Principal Meridian, 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 July 18, 2005.

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Perkins Third PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Perkins Third, Fourth and Fifth Additions, and all of Perkins 6th through 12th Resubdivisions to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DENY REQUEST FOR ORDINANCE TO AMEND ZONING
MAP BY AMENDING RESTRICTIVE COVENANT ESTATABLISHED
BY ORDINANCE NO. 2823 AS IT RELATS TO THE MAXIMUM
NUMBER OF DWELLING UNITS PERMITTED TO BE CON-
STRUCTED UPON LOT 1, BLOCK 1, AUDITOR'S SUB-
DIVISION NO. 22

The staff report from the Planning and Zoning Commission relating to the request from Mark Syverson for preliminary approval of an ordinance to amend the zoning map by amending the restrictive covenant established by Ordinance No. 2823 as it relates to the maximum number of dwelling units permitted to be constructed upon Lot 1, Block 1, Auditor's Subdivision No. 22 to the city of Grand Forks, said lot is zoned R-4 (Multiple-Family Residence, High Density) (located in approximately the 4000 block of 13th Avenue North), with recommendation to give preliminary approval to the ordinance and to set a public hearing for July 18, 2005. (Note: the Planning Department recommended denial of the request).

Council Member Brooks stated we have an infrastructure issue in that area whenever there is a significant rainfall event - that in 1986 when the zoning was set the situation that existed then still exists, have traffic problems in both summer and winter, and changing it or increase it , there is no basis at this time.
It was moved by Council Member Brooks and seconded by Council Member Christensen to deny the request.

Council Member Hamerlik stated he had asked Mr. Potter for review to see if there was a road or right of way, and response stated that there is an existing northbound 15 foot alley right of way to the east of the property proposed for rezoning, and that the northbound alley does not connect to the property proposed to be rezoned, but doesn't have any impact on this property.

Mark Syverson, 310 Level Plains Circle, stated that he has been working with ICON Architects, and that they are proposing family dwellings and that they intend to build something similar to this, not apartments, and would increase taxes - is empty lot now and make it look better. He also stated the restriction was for apartment complexes, not family dwellings.

Council Member Kerian stated that the Planning and Zoning Commission when this item was before that commission asked that he talk to neighborhood and telling them what his intentions are and get feedback and if he had an opportunity to do that and if anything able to change; and if they had studied water issues, drainage. Mr. Syverson stated they made several calls and many were for it and would like to see something go up in that space, and not too many opposed; had not look at drainage issues. Council Member Kerian stated there are some issues that they would want to address.

Council Member Gershman asked if when he purchased the land, knew that there was a restrictive covenant on it for 16 units. Mr. Syverson stated he knew that, and that was why he would like to rezone the property.

Council Member Kreun suggested that Mr. Syverson contact residents within a 400 ft. radius or larger and see if project amicable to them or pare it down to some degree to get their consensus, bring projection to the neighborhood.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN STADTER CENTER PUD, CONCEPT
DEVELOPMENT PLAN, A PORTION OF LOT 1, BLOCK 1,
CURRAN'S SECOND SUBDIVISION AND ALL OF STADTER
SECOND RESUBDIVSION

The staff report from the Planning and Zoning Commission relating to the request from Paces Lodging Corp. for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Reserve) District a portion of Lot 1, Block 1, Curran's Second Subdivision and also to exclude from the B-3 (General Business) District all of the Stadter Second Resubdivision and to include within the Stadter Center PUD (Planned Unit Development), Concept development Plan a portion of Lot 1, Block 1, Curran's second Subdivision and all of Stadter Second Resubdivision (located west of South Washington Street between 44th and 47th Avenues South), with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and schedule a public hearing on July 18, 2005.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks 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, a portion of Lot 1, Block 1, Curran's Second Subdivision and to also exclude from the B-3 (General Business) District all of the Stadter Second Resubdivision and to include within the Stadter Center PUD (Planned Unit Development), Concept Development Plan, a portion of Lot 1, Block 1, Curran's Second Subdivision and all of Stadter Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading. .

AUTHORIZE STAFF TO PROCEED WITH LETTER OF
UNDERSTANDING TO DEVELOPER; AND INTRODUCE
ORDINANCE RELATING TO THE SALE OF CITY PROPERTY

The staff report from the Urban Development Office relating to the downtown development proposals. with recommendation to authorize staff to proceed with a Letter of Understanding with Schoen Associates for the sites as recommended by the finance and development committee.

Council Member Kerian asked what is proposed for the community dollars that will go into this and the benefit and would like to hear a synopsis of what our expenditures will be and if Mr. Swanson could describe the legality is of the letter of understanding and other council actions that would need to happen before the money was committed. She stated it appears that we are being asked to hold a first reading on a change in Code and need to address that as a separate item.

Council Member Christensen stated the City's funding for Site 1, and that Site 3 is a continuation of the funding for Site 1, basically we are going to authorize staff to enter into an agreement with Schoen and Associates to construct the townhomes on Site 1, and that as part of this project Schoen & Associates will engage in negotiations to purchase the parking lot (commonly referred to as the Herald parking lot) on their own dollar. He stated the source of funds will be the Fannie Mae funds which we currently borrow from Fannie Mae, interest rate approx. 3%, and staff will be directed to provide Schoen & Associates to the extent they borrow money will pay interest on the money equal to the rate we pay Fannie Mae; the money will be lent to Schoen & Associates and they will repay it as part of the negotiations of the project - get it back and continue to fund on-going programs in areas that qualify for the utilization of LMI funding and/or CDBG funds. The only part of City involvement is that the City will contribute the land that we currently own to the project and staff will be directed to as part of the proposal with Schoen to keep the flagpoles on the corner and to utilize the flood artwork that currently is in the park as part of the project, and it has been represented to us by Schoen & Associates that they would be happy to work with staff in accommodating those requests.

He state he didn't know when they would start Site 2 or 3 and his understanding that after they have sold x number of the proposed 32-units, they will then begin the development of Site 3 and the same terms and conditions will be incorporated in the letter of understanding as to Site 3 without the artwork or the flagpoles.

Council Member Hamerlik stated it was indicated that staff was authorized to enter into an agreement and that he thinks it is to draw up the agreement and then they would come back to us, the final authority isn't there, they are to negotiate out the agreement and bring back for approval.

Council Member Glassheim stated he was not aware that Schoen & Associates were to pay for the Herald lot, and asked for confirmation and asked on the second site, there are some purchases that have to be made and are they at whose expense.

Greg Hoover, Urban Development Office, reported that for Site 1 Schoen & Associates have indicated that they are pursuing that Herald lot on their own, with respect to the second site, which would be catty corner from City Hall, that involves some acquisition and those details will be part of the negotiations that will be undertaken if council approves the letter of understanding.

Mr. Swanson stated that the letter of understanding is nothing more than an agreement to enter into a subsequent agreement, what council will definitely want and will have the opportunity to consider because it can't move forward without your approval, approval of the final agreement. The letter of understanding is more of a tool that a developer can use to demonstrate that they have certain rights to move forward with the project to demonstrate to a lender. The authority of the letter of understanding has very little authority and very little enforcement because there are very few details to it, but does demonstrate an intent on the part of both parties to further negotiate and to try to reach a final agreement, it may occur or it may not occur.

Mr. Swanson stated that under present Code the City has no authority to enter into private negotiations for the sale of real estate owned by the City, with some exceptions, those exceptions do not apply in this instance so he advised Mr. Hoover and his department of his opinion and they have proposed a change to the ordinance that would allow private negotiated sales of real estate owned by the City within a designed renaissance zone; that is a policy decision as to whether or not the council wishes to amend its Code, without that amendment this transaction cannot occur and for that matter none of the proposals that you consider could occur.

Council Member Kerian moved the authorization to proceed with the letter of understanding on the two properties, Site 1 and Site 3 with Schoen & Associates. Council Member Gershman seconded the motion. Carried 7 votes affirmative.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik to approve preliminary approval of the ordinance. Carried 7 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 2-0402 of the Grand Forks City Code relating to the sale of city property", which was presented, read and passed on its first reading.
INFORMATIONAL ITEM

The Statement of Changes in Cash Balances as of May 31, 2005, was presented and read.

CITIZEN REQUESTS

Gerry Nies, 1815 University Avenue, thanked the council members for the extensive effort that they do for the city, and the item he wants to talk about is Ham Radio, that he is part of the Ham Radio group in town who provide experience with communication, equipment, time in case of emergencies. He stated in times of major disasters the first communication now is with Ham Radio, in 1997 they worked extensively in helping to provide communications and assuring that communications were done successfully in the community, working with many agencies (Red Cross, Salvation Army) and a number of police and fire department, setting up antennas and getting things functioning so they could continue their services. He stated they also provide communications for walks, runs, parades that happen throughout the community. He stated that this weekend they are going to be setting up something called" Field Day" and this is a national event that any ham operators do to work on preparedness, they will be setting up in the old FEMA Park at 13th Avenue and South 48th Street and are looking at doing annually , and is extending the invitation to council members to come out to visit them to see what they are doing, this year will have talked to the alternate Energy Vehicle People and are going to be using energy generated by their hydrogen vehicle to do communication. He stated they start setting up and start functioning about 1:00 p.m. on Saturday, go until 1:00 p.m. on Sunday and would encourage you to come out early on Saturday afternoon. He acknowledged in this process that they will be using the fire department communications trailer because they have worked with them in communications, and they also work with Emergency Management on both sides of the river and will be setting up in 3 vehicles out there. He stated that this is a fun contest and that they try to contact as many other stations as they can using CW and also get extra points if have an elected official come out.

2. Tony Osowski, Vintner's Cellar in Grand Cities Mall, asked if council could adopt a new liquor ordinance that would allow them to operate as a domestic winery, the Legislature this past session passed a bill that allows them to be a domestic winery and that involves being able to sell their product that they produce, Fargo has a similar ordinance that follows State law, and asked Grand Forks to do the same.

Mr. Swanson stated the domestic winery was adopted by the State to specifically allow not only product grown in the State of North Dakota to be used to make wines but also to allow the importation of product from out of the State of North Dakota to make wines, and that was a wholesale piece of legislation because prior to the legislation you couldn't do that in the State of North Dakota without meeting other requirements. He stated that Grand Forks doesn't regulate the creation of wine or the brewing of beer or the wholesale and asked why would we need to adopt an ordinance regarding a winery, because the City doesn't regulate what product you put in or the source of the product or the quantity of sale, all we regulate is the retail sale and we can do that through our existing wine and beer license; that you can have on-sale or off-sale or one or the other, not obligated to do it all.

Mr. Osowski stated a concern was the price of the license, that it is $4,400.00. Mr. Swanson stated that is one of our least expensive licenses and we have not been particularly excited about adding various categories, and not too anxious about adding more licenses when we can do what you want to do with what we have on the books today. He reviewed the fees for a Class 3 license and also stated he didn't encourage Mr. Osowski to get into wholesale regulation, focus on the retail side of it. He stated that Class 3 licenses mostly are restaurant in nature, the way it is structured in the Code is that they can do both off-sale and on-sale or one or the other. The other issue that Mr. Osowski raised was, can he go to other locations, can do sampling with a Class 3 license, and can he go to other locations and do his sampling, such as Farmers Market, event at the Alerus, and he can do that, that we allow almost every license holder to do that but need a $25 permit per event or per location, and the reason for that is that the City Hall and police department can identify where those transactions are occurring, whether samples or sales of products, both from an enforcement perspective and sales tax, licensing, and all of those can be covered, that he has looked at the Fargo ordnance and they got into the issue of wholesaling and production of product, if you want to create a new license, can do that but his advise is don't address the wholesale side because no reason for it, our authority really lies on the retail transaction. Mr. Osowski stated they can sell to a wholesaler the product that they produce but cannot wholesale it directly.

Council Member Christensen stated the city council has just asked the Mayor to come with a 9 mill reduction and Mayor and staff met the challenge, and one of the things they asked permission to do was to review our fees which have not been reviewed since 1999, and the issue of creating a special license for one individual and not what council members would want to consider at this time.

3. Jerry Hjelden, 1508 South 14th Street, Grand Forks, stated he was here as a concerned citizen and knows casino is not on the front burners, but concerned because they are still proceeding and presented information he would ask the council to take note of and look at economics of gambling and is arguing this from an economic standpoint and presented information. He reported he had reviewed with Mayor Brown and his assistant sometime ago, Economics of Gambling Summary Points, and left with each of the city council members. He reviewed several highlighted areas - gambling fails a cost benefit test, even using conservative cost and benefit estimates, cost to benefits are greater than $3 to $1. He reviewed information on Committee on Resources given on April 27 to the House Committee in Washington, D.C. regarding an oversight hearing on tribal proposals to acquire land interest for gaming across state lines and how such proposals are affected by the off-reservation discussion draft. He stated the U.S. Tribal Model is being marketed around the world as economic development to third world countries but the economy has become poorer and infrastructures and financial institutions become destabilized; and reviewed several other reports.

Mayor thanked Mr. Hjelden and asked him to make data available at his office for distribution.

4. Chris Bleuenstein, 315 Kittson Avenue, stated he had last appeared before council on May 9 and was his understanding that the council agreed with his project but council didn't agree on wording of variance and asked Mr. Swanson to prepare three variations on an ordinance, and his request is if council could set a date for that issue to come before them for a vote. Mr. Swanson stated he has outlined but has not had a chance to work on it, and will get to it as soon as he can. He stated it does take an ordinance amendment if they were to allow it.

Council Member Christensen stated the finance committee will review this matter at their meeting.

APPROVE BILL LISTING

Vendor Payment Listing No. 05-12, dated June 17, 2005, and totaling $1,057,983.71, was presented and read.

It was moved by Council Member Gershman and seconded by Council Member Kerian that these bills be approved and that the city auditor be authorized to issue warrants in payment of the same. 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 and the bills ordered paid.

APPROVE MINUTES JUNE 6, 2005

Typewritten copies of the minutes of the city council meeting held on Monday, June 6, 2005 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Gershman that the minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Gershman asked if they could look at the dikes on Belmont Road, there is dirt piled up around telephone poles and start trimming grass and for all dikes around town.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_________________________________
Michael R. Brown, Mayor