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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 18, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 18, 2005 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; absent: Council Members Glassheim, Kerian - 2.

President Gershman 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.

President Gershman commented on various events during the past week and upcoming events:
He noted that tonight between 8:00 and 9:00 p.m. will be doing mosquito spraying and has been successful this year. He noted he had talked to television crew from Winnipeg and that they have not been spraying and quite dramatic, that we spray at 100 mosquitoes in the trap and that Winnipeg had reached 13,000 and the provincial government stepped in and stated that they would have to spray - we are fortunate to have the team we have and citizens that are willing to pay for that service.

DENY FINAL APPROVAL OF PLAT AND FINAL
APPROVAL OF ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF WAY
SHOWN AS DEDICATED ON THE PLAT OF REAL
PRESENCE RADIO 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 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 had been continued until this evening, was presented and read for consideration.

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

The staff report from Planning and Zoning Commission relating to the 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 (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 deny final approval of the plat, including final approval of the ordinance.

Council Member Kreun recommended approval of the recommendation to deny as a new piece of property is being considered later in the meeting. Council Member Christensen seconded the motion. Upon voice vote, the motion was approved to deny the plat and the ordinance.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4070,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT OF
LOT 3, BLOCK 1, PERKINS 1ST ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 3, Block 1, Perkins 1st Addition, Grand Forks, North Dakota, which had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 CPS, Ltd. on behalf of the city of Grand Forks, ND for final approval of the replat of Lot 3, Block 1, Perkins 1st Addition (located in the 3200 block of South Columbia Road), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to give final approval of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4071,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT
OF LOT A, BLOCK 1, PERKINS 1ST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot A, Block 1, Perkins 1st Addition, Grand Forks, North Dakota, which had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 CPS, Ltd. on behalf of the city of Grand Forks, ND for final approval of the replat of Lot A, Block 1, of the replat of Lots 1 and 4, Block 1, Perkins 1st Addition (located in the 3300 block of South Columbia Road), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to include approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4072,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT
OF LOT 3, BLOCK 2, PERKINS 3RD ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 3, Block 2, Perkins 3rd Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 the City of Grand Forks, ND for final approval of the replat of Lot 3, Block 2, Perkins 3rd Addition (located west of Columbia Road and north of 36th Avenue South), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 4073
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT OF
LOT 1, BLOCK 1, COLUMBIA MALL SECOND RESUBDIVISION

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 had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 the City of Grand Forks, ND for final approval of the replat of Lot 1, Block 1, Columbia Mall Second Resubdivision (located west of Columbia Road and south of 24th Avenue South), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Christensen and seconded by Council Member Brooks that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4074,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
STADTER SECOND RESUBDIVISION

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 had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 the Stadter Center for final approval of the Stadter Second Resubdivision (located in the 4500 block of South Washington street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4075,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
COUNTRYSIDE ACRES 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 Countryside Acres Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 the City of Grand Forks , ND on behalf of Kermit and Patricia Rickford for final approval of the Replat of Countryside Acres Addition (located on Columbia Road and Merrifield Road), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of a revised ordinance amending the Street and Highway Plan.

It was moved by Council Member Christensen and seconded by Council Member Brooks that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE PLAT; ADOPT ORDINANCE NO. 4076, AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF WHEATLAND
ACRES SUBDIVISION

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 Wheatland Acres Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 the City of Grand Forks, ND on behalf of Lawrence Johnson, etal, for final approval of the Replat of Wheatland Acres Subdivision to the city of Grand Forks (located at Columbia Road and Merrifield Road), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of a revised ordinance amending the Street and Highway Plan.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4077, AMENDING 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 RESUBDIVISION

An ordinance entitled "An ordinance amending 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 had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 Paces Lodging Corporation for final 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 final approval to the ordinance, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4078,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT OF
LOT 1, BLOCK 1, COLUMBIA PARK 24TH ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 1, Block 1, Columbia Park 24th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 20, 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.

President Gershman 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 the City of Grand Forks, ND for final approval of the replat of Lot 1, Block 1, Columbia Park 24th Addition to the city of Grand Forks (located east of Columbia Road and south of 36th Avenue South), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the street and Highway Plan.

It was moved by Council Member Hamerlik and seconded by Council Member Christensen that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN PERKINS THIRD PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 4, ALL OF PERKINS THIRD, FOURTH
AND FIFTH ADDITIONS AND ALL OF PERKINS 6TH THROUGH `` 12TH RESUBDIVISIONS

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 had been introduced and passed on its first reading on June 20, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration.

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.

The staff report from the Planning and Zoning Commission relating to request from HHD, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from Perkins Third PUD (Planned Unit Development), Concept Development plan, Amendment No. 3, and to include within 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 Resubdivision (located in the NE Quarter of Section 20, T151N, R50W of the 5th Principal Meridian), with recommendation to table final approval of the ordinance until August 15, 2005.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved and the public hearing continued. Carried 5 votes affirmative.

APPROVE CONCEPT OF RELOCATING MUNICIPAL
COURT

The staff report relating to the relocation of municipal court, with recommendation to approve the concept of relocating Municipal Court to the site of the new Grand Forks County Correctional Center, and direct respective staff to develop funding details and an operational overview for approval by the mayor and city council.

Darla McLaren, clerk of court, addressed a few of the issues from last week, that she took into consideration the suggestion re. electronic filing of original documents, that is allowed in civil cases but no provision in the law for electronic filing in criminal cases and originals are mandatory. She also noted figures of estimated increase in the jail bill budget of $450,000. Statements have been made that this will save the City money and that she hasn't seen any proof of that statement, doesn't mind the inconvenience to her office, can and will work around that, changing that if need to but is concerned with the cost to city taxpayers, that she also is a city taxpayer besides being a city employee. She stated she cannot foresee a savings to the citizens of Grand Forks by moving this office to the proposed location.

Council Member Kreun stated the proposed action is to approve the concept of relocating municipal court to the site of the new Grand Forks County Corrections Center and direct respective staff to develop funding details and operational overview for approval by the mayor and city council - this is not approving the move at this point in time and that this is what is going to take place is to find out the operational portion of this particular move and bring that forward along with the funding mechanisms to make sure that it is appropriate. He also stated that it is easier to take us off the plan than to put on the plan and that is part of the process; and also noted that there are other departments/agencies involved besides municipal court - Highway Patrol, 911 Service, County Emergency Management System and have been in contact with those departments/agencies as well; and have to take all those into consideration and that is why looking at this and giving approval to the County Commissioners to put us in the planning process. He stated they have to look at all of the options and Court is one of them along with others stated.

Council Member Brooks stated it comes down to the recommendation which is what they will be voting on and is to approve the concept but this has to come back to council.

Council Member Christensen stated a lot of the concerns are administrative issues that Mr. Duquette, municipal court staff and judges will have to discuss and doesn't see those things as being hard to overcome and thanked her for checking on the electronic filings as to civil matters and appearances in municipal court are misdemeanors and as move forward in our state, our judiciary will begin moving towards electronic filing in courts of lesser than District Court jurisdiction; and that there maybe some additional costs going forward as we implement this, and that we are not going to move on this without having full input from the court and concerns re. additional cost.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

APPROVE AGREEMENT FOR PROJECT NO. 5695, TRAFFIC
SIGNAL AT 32ND AVENUE SOUTH AND SOUTH 24TH
STREET

A staff report from the engineering department relating to Construction and Maintenance Agreement for Project No. 5695 Traffic Signal at 32nd Avenue South and South 24th Street (Wal-Mart), with recommendation to approve and authorize execution of the Construction and Maintenance Agreement with the North Dakota Department of Transportation. ( Note: The City will pay for all construction costs, however the City has a separate agreement with Sam's Real Estate Business Trust that requires them to reimburse the City for all construction costs for this project, and further that the City will take over ownership and maintenance responsibilities upon completion of the project.)

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried.

APPROVE BID PACKAGE FOR POLICE DEPARTMENT

The staff report from the police department relating to bid package (specifications for bomb suit communications), with recommendation for approval of the bid specifications.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

ACCEPT BID FOR LOADER-MOUNTED SNOW BLOWER

The staff report from the director of public works relating to loader-mounted snow blower bid, with recommendation to approve award of bid to the lowest responsible bidder, Stewart & Stevenson Services, Inc., in the amount of $115,000.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried.

APPROVE AGREEMENT FOR WASTEWATER SYSTEM
PLANNING SERVICES

The staff report from the director of public works relating to agreement for Wastewater Planning Services to complete the following documents: 1) Water/Wastewater Utility System Planning Baseline Consideration Report; 2) Wastewater Collection System Master Plan; 3) Wastewater Treatment Concept Plan; and 4) Wastewater Capital Improvement Plan and Rate Model; with recommendation to approve agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) in the amount of $244,100.00 for services to complete wastewater system planning, including the development of the above items. (Note: Original staff report included a total amount of $255,500 for services but Mr. Feland made note of change in that amount to $244,100 at last week's committee of the whole meeting.)

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried.

APPROVE 2006 CDBG PROCESS

The staff report from urban development director relating to 2006 Community Development Block Grant Program, with recommendation to approve the 2006 CDBG process; approve the Citizens Advisory Committee process for application review; and approve United Way as administrator of the 2006 public service funds.

Council Member Christensen stated he thought there was a miscommunication by staff to council, that he didn't recall that the finance/development committee had recommended approved of $836,000 for Bricks and Mortar construction projects, that they were exploring $336,000 for bricks and mortar projects and continuing to un-allocate $500,000 because had projects not sure of, i.e., bids for the downtown housing and had encouraged Urban Development staff to begin exploring the utilization of some of this money for renovation of housing on the second floors on buildings located on North 3rd Street and moved that they approve this action but make no specific allocation of the $836,000 and rather that go back to the finance/urban development committee for a further recommendation to the council and as they have to have some projects approved and allocation of this money by November of this year. Council Member Brooks seconded the motion.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative.



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

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering, Inc. on behalf of Steve Loegering for preliminary approval of the plat of Real Presence Radio Addition to the city of Grand Forks (located in NE Quarter of Section 24, T151N, R51 West and to be replatted to Lot 1, Block 1, Real Presence Radio Addition), with recommendation to give preliminary approval to the plat, subject to 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 August 15, 2005.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 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 Real Presence Radio Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE CONDITIONAL USE PERMIT TO CONSTRUCT
RADIO BROADCAST TOWER

The staff report from the Planning and Zoning Commission relating to the request from Steve Loegering on behalf of Real Presence Radio for approval of a conditional use permit to construct a radio broadcast tower to be located in the NE Quarter of Section 24, Township 151 North, Range 51 West (to be replatted to Lot 1, Block 1, Real Presence Radio Addition), with recommendation to give final approval of the conditional use permit.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

ACCEPT PETITION FOR VACATION OF PORTION OF
UTILITY EASEMENT IN BLOCK 3, SOUTHBROOK
FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from Crary Development for approval of a petition to vacate a portion of a utility easement in Lot 16 and 17, Block 3, Southbrook First Addition to the city of Grand Forks (located at 4814 and 4820 Curran Court), with recommendation to give final approval of request, approval of the vacation contingent upon the requirement that the foundation is adjacent to the utility easement for the house to be constructed upon Lots 16 and 17 and be a minim of eight feet deep, and to set a public hearing.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required by law. Public hearing is scheduled for September 6, 2005. Carried 5 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 27, BLOCK
1, BOYD'S SECOND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Houston Engineering on behalf of Tim and Frank Properties for final approval (fast track) of the replat of Lot 27, Block 1, Boyd's Second Addition to the city of Grand Forks (located at 3805 Gateway Drive), with recommendation to give final approval to the request, subject to conditions shown on or attached to the review copy.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN R-4 (MULTIPLE-FAMILY RESIDENCE,
HIGH DENSITY) DISTRICT LOT B, BLOCK 1 OF REPLAT OF
LOT 27, BLOCK 1, BOYD'S SECOND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Tim and Frank Properties for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple-Family Residence, High Density) District, Lot B, Block 1 of the Replat of Lot 27, Block 1, Boyd's 2nd Addition to the city of Grand Forks, North Dakota (located in the 4000 block of 13th Avenue North, with recommendation to give preliminary approval to the ordinance and set a public hearing for August 15, 2005.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 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 B-3 (General Business) District and to include within the R-4 (Multiple-Family Residence, High Density) District, Lot B, Block 1 of the Replat of Lot 27, Block 1, Boyd's Second Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
1-8 AND lots 13-20, BLOCK 1, NORTH PINES ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd on behalf of LPF Properties, for preliminary approval of the replat of Lots 1 - 8 and Lots 13 - 20, Block 1, North Pines Addition to the city of Grand Forks, ND (located at 4718 through 4778 Pines Circle), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.


APPROVE FINAL PLAT OF REPLAT OF LOTS A, D AND E
OF REPLAT OF LOT 2, BLOCK 1, HANSEN'S ADDITION
The staff report from the Planning and Zoning Commission relating to the request from Widseth Smith Nolting and Associates, Inc. on behalf of Bob Cowger and Jim Hansen for final approval (fast track) of the Replat of Lots A, D and E of the Replat of Lot 2, Block 1, Hansen's Addition to the city of Grand Forks (located at 3531 and 3499 13th Avenue North), with recommendation to give final approval to the replat.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

TABLE FINAL PLAT OF PERKINS 12TH RESUB-
DIVISION UNTIL AUGUST 15, 2005

The staff report from the Planning and Zoning Commission relating to request from HHD, Inc. for final 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 table the request until August 15, 2005.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

INFORMATIONAL ITEM

The City Auditor's Statement of Changes in Cash Balances as of June 20, 2005 was presented and read.

APPROVE BILL LISTING

Vendor Payment Listing No. 05-14, dated July 15, 2005 and totaling $950,341.87, was presented and read.

It was moved by Council Member Christensen and seconded by Council Member Kreun 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, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.

APPROVE MINUTES JUNE 20 AND JULY 5, 2005

Typewritten copies of the minutes of the city council meetings held on Monday, June 20, 2005 and on Tuesday, July 5, 2005, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Christensen that the minutes be approved as read. Carried 5 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) There was clarification re. upcoming meeting listed on the agenda. It was noted that meeting scheduled for July 20 and July 21, re. long range planning (community) and (development) were MPO meetings. It was noted that a meeting of the Neighborhood/UND Rezoning Comm. is scheduled at 4:00 p.m. on Tuesday, July 26, as well as a finance/development committee; and suggested change in times of the meetings to be determine later.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Christensen that we adjourn. Carried 5 votes affirmative.

Respectfully submitted,


John M. Schmisek, City Auditor

Approved: ______________________________________
Harold A. Gershman, President of City Council