City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 19, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 19, 2005 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Hamerlik, Glassheim, Christensen, Kreun, Gershman - 5; absent: none.

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 thanked the Grand Forks Police Department and thanks to Senator Conrad's Office for securing a $3 million grant for public safety radio inter-operative ability; this will make it easier for different law agencies to communicate with one another and that was an issue during the disaster down south.

COUNCIL MEMBER KERIAN REPORTED PRESENT

Make plans to attend the Mardi Gras Rally for Relief on Tuesday, September 27, at the Alerus Center for 4:00 to 11:00 p.m., this is a community-wide fund raiser that will help raise money to send to Hurricane victims in the Gulf, includes a spaghetti feed, appetizers, desserts, music and there might be some named talent, games and fun for the entire family and mark your calendar for next Tuesday.
He reported that the event raiser at the Empire last Wednesday night, they raised $8,520 for the Salvation Army and that will go into the total for the city at the Rally.

Council Member Kreun stated we were able to obtain grant monies with the ability of the Grand Forks Fire Department and the East Grand Forks Fire Department - we had a very serious incident in East Grand Forks last week with cave-in, Gordy Weber was one of the first ones on the scene that helped with the extraction, and wanted this brought forward to the citizens of Grand Forks and East Grand Forks as the communication between those two departments was excellent, that we were able to bring over a piece of equipment that hadn't been used but only trained on and in his opinion that particular training and usage of that equipment through that grant is what saved those two men's lives, that we get static about spending money and weapons of mass destruction, etc. and this is prime instance where we were able to attain the equipment, train on it and save two individuals lives, and we thank both Grand Forks and East Grand Forks fire departments and communication that takes place between our two cities and our two rescue units.

President Gershman reported that Congressman Pomeroy has been working with various congressmen from the gulf region and made the contact for the Mayor of Grand Forks to Congressman Gene Taylor from the gulf, the Mayor met with the staff of Congressman Taylor of Mississippi today and focus was on the hardest hit cities along the coast, Biloxi was one of those, contacts were made and Mayor Brown spoke with the Biloxi mayor, A. J. Holloway, and he was very excited about our offer and looks forward to working with us, that in a subsequent call with the mayor, he requested that for this coming week that the city council members work with the mayor's office to give their input on a resolution to help define what our relationship will entail with Biloxi.
ADOPT FINAL BUDGET FOR THE CITY OF GRAND FORKS FOR 2006 AND ANNUAL TAX LEVY

The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 2006 had been published as required and was continued until this evening, and presented the final budget for consideration.

The city auditor noted there were no comments or grievances filed with his office and recommended to adopt the final budget for 2006, approve Annual Appropriation bill and Tax Levy and certificate of Levy.

President Gershman opened the public hearing and asked for comments; there were none, and the public hearing was closed.

It was moved by Council Member Christensen and seconded by Council Member Kerian to move adoption of the resolution approving the final 2006 budget and mill levy within an amendment from the preliminary adoption reducing the Airport mills by .37 mills and reducing the budget by $40,631.00: Document No. 8761 - Resolution.

Council Member Christensen stated that as we are adopting a resolution that didn't consider the impact of adopting a sister city and it appears its could be Biloxi, asked that as part of this budgeting process that the city auditor along with the city administrative coordinator be directed to keep track of the monies we are going to be spending as a community for staff time, travel, etc. because we have some discretionary funds in various departments, including mayor's office and 2163, so that we can report to our constituents that we entered into this relationship recognizing that it is going to cost us some money for sister-city.

Upon call for the question on adoption of the resolution and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the budget adopted.

President Gershman reminded the public that the mayor, city council and staff worked hard to reduce the mills in this budget by 9 mills.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
4085, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
ZAVORAL'S FIRST ADDITION, BEING A REPLAT OF LOT
4, BLOCK 1, KANNOWSKI'S FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on Zavoral's First Addition, being a Replat of Lot 4, Block 1, Kannowski's First Addition, Grand Forks, north Dakota", which was presented, read and passed on its first reading on August 15, 2005, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

President Gershman 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 Deacon's Development LLP for final approval of Zavoral's First Addition, being a Replat of Lot 4, Block 1, Kannowski's First Addition to the city of Grand Forks, ND (located in the 5100 to 5400 blocks of South Washington Street), with recommendation to give final approval to the plat, subject to conditions shown on the review copy, and to include approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4086 TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF EAST LAKE 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 East Lake Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 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 this evening, and further that to date he had received no written protests on this matter.

President Gershman 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 Jed and Jennifer Carlson for final approval of the plat of East Lake Addition to the city of Grand Forks, ND (located in the SE Quarter NE Quarter of Section 35, T151N, R50W of the Fifth P.M.) with recommendation to give final approval to the plat, subject to conditions shown on the review copy, and to include approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4087, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF McENROE FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of McEnroe First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading on August 15, 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 this evening, and further that to date he had received no written protests on this matter.

President Gershman 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 ICON Architectural Group on behalf of ICON-McEnroe Land Development for final approval of the plat of McEnroe First Addition to the city of Grand Forks, ND (loc in the S Half of the NW Quarter, Section 8, T151N, R50W of the 5th P.M.) with recommendation to give final approval to the plat, subject to conditions shown on the review copy, and to include 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 6 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4088 TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF COLUMBIA PARK 32ND 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 Columbia Park 32nd Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 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 reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

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

Mr. Potter stated the issue before the council is to plat the land, there are 3 elements dealing with this piece of land, one is platting which is before you tonight for public and final action, the second and third items are in another section of the agenda for preliminary approval of the zoning and request to annex.

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Arthur Greenberg, Jr. for final approval of the plat of the Columbia Park 28th Resubdivision (formerly submitted as Columbia Park 32nd Addition and being a replat of Lot 3, Block 1, Columbia Park 28th Addition and unplatted lands to the south thereof) to the city of Grand Forks, North Dakota (loc. in the 4300 block of 36th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on 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 Glassheim that this recommendation be approved. Carried 6 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4089, AMENDING ZONING MAP
TO INCLUDE WITHIN THE McENROE FIRST PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOMENT PLAN,
ALL OF McENROE FIRST 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 Garden View Estates Areas 6-1, 7-1, and 7-2 and to include within the McEnroe First PUD (Planned Unit Development), Concept Development Plan, all of the McEnroe First Addition, city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 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 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 ICON Architectural Group on behalf of ICON-McEnroe Land Development for final approval of an ordinance to amend the zoning map to rezone and exclude from the Garden View Estates Areas 6-1, 7-1 and 7-2 and to include within McEnroe First PUD (Planned Unit South Development), Concept Development Plan all of McEnroe First Addition (located in the S Half of NE Quarter, Section 8, T151N, R50W of the 5th P.M.), with recommendation to give final approval to the ordinance, subject to the conditions shown or attached to the review copy.

It was moved by Council Member Hamerlik and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO INCLUDE WITHIN WEST CAMPUS
PUD (PLANNED UNIT DEVELOPMENT) CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
WEST CAMPUS RESUBDIVISION UNTIL OCTOBER 3, 2005

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the West Campus PUD (Planned Unit Development), Concept Development Plan, and to include within the West Campus PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of West Campus Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 200, 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.

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

Mr. Potter stated that the F-D on the cross hatch mark on plat is the designation for future development, and that when this land was originally put into a planned unit development there was discussion about the underpass at 42nd Street and it was agreed between the City and the University that F-D would indicate future development and the University would not develop on that until they came back to the City and we mutually agreed that development might occur on that, it is an attempt to basically hold that land as a future right of way.

Council Member Christensen stated that they have been aware on the exploring of the development of the underpass on 42nd Street, this area is crucial if we are going to do an underpass on 42nd, and that this is reserved until they have future discussion with the University, and that the addition requirement is that the wind turbine ceases to operate for a period exceed 12 months, the property owner shall permanently remove the wind turbine and all associated structures, assuming that it ceased operation for 364 days and wanted to keep it erected would only start and operate for one day and wouldn't be required to remove it, and questioned how long you would want to leave it in an inoperable state in light of the fact that it isn't operating and obviously looking for funds, etc. and asked if we have the ability to say we want it down.
He questioned if we should defer on this and get an opinion from Mr. Swanson or give it conditional approval for a year.

Mr. Potter stated it would be a point if somebody did start it up again after 364 days, could happen and thinks there is a question of intent, could become argument etc. The wind turbine is not going to be in this future development.

Council Member Hamerlik stated he was concerned about the appearance of this at one of the main entrances to the city - at DeMers, the Interstate and one of the main entrances to the Alerus, golf course and a very unsightly operation, a cargo box is its office.

Kevin Harrison, 3904 University Avenue, stated there could be a mechanical problem with it and they wouldn't run it at all until that was fixed, funding for this project lasts for about another year and a half and following funding would be pursued to continue the project.

Council Member Christensen moved to defer this matter for 2 weeks - to continue public hearing and second reading of the ordinance. Council Member Kerian seconded the motion. Carried 6 votes affirmative.

ADOPT ORDINANCE NO. 4090, RELATING TO RESTRICTIONS
ON SALE, SERVICE OR DISPENSING OF ALCOHOLIC
BEVERAGES, AND AUTHORIZATION OF ON-SALE ON
THANKSGRIVING DAY

An ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of on-sale on Thanksgiving Day", which had been introduced and passed on its first reading on September 6, 2005, was presented and read for consideration on second reading and final passage.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kerian. Carried 5 votes affirmative.

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": none. Council Member Gershman recused. President Gershman declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4091, RELATING TO PERSONS
UNDER 21 YEARS, PROHIBITED ON LICENSED PREMISES;
EXCEPTIONS

An ordinance entitled "An ordinance amending Sections 21-0201 and 21-0228 of the Grand Forks City Code relating to persons under 21 years - prohibited on licensed premises; exceptions", which had been introduced and passed on its first reading on September 6, 2005, was presented and read for consideration on second reading and final passage.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kerian. Carried 5 votes affirmative.

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": none. Council Member Gershman recused. President Gershman declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO 4092, RELATING TO RESTRICTIONS
ON SALE, SERVICE OR DISPENSING OF ALCOHOLIC
BEVERAGES; AUTHORIZATION OF 2:00 A.M. CLOSING TIME
An ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of 2:00 A.M. closing time", which had been introduced and passed on its first reading on September 6, 2005, was presented and read for consideration on second reading and final passage.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kerian. Carried 5 votes affirmative.

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": none. Council Member Gershman recused. President Gershman declared the motion carried and the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 616, PROJECT NO. 5820

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 616, project No. 5820, construction of pavement on 44th Avenue South from South Washington Street to the Southend Drainway, had expired on August 1, 2005 and had been continued until this evening, and no protests received.

President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

Council Member Kerian introduced the following resolution as to protests which was presented and read: Document No. 8762 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that we find and determine an insufficiency of protest against Paving District No. 616, Project No. 5820, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

HOLD PUBLIC HEARING ON PROPOSED AMENDMENT
NO. 2 TO THE 2005 CDBG ANNUAL ACTION PLAN FOR
AFFORDABLE HOUSING PROGRAM

The city auditor presented the matter of the public hearing on the matter of proposed Amendment No. 2 to the 2005 CDBG Annual Action Plan for Affordable Housing program.

The staff report from the office of urban development, relating to the proposed Amendment No. 2 to the 2005 CDBG Annual Action Plan for the Affordable Housing Program, with recommendation to review proposed Amendment No. 2 to 2005 CDBG Program; close public comment period, hold public hearing, and approve amendment.

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

Mr. Lund reported that this action would amend the 2005 current year's CDBG program and adding $100,000 to the Affordable Housing Program for down payment and closing costs assistance program.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

ADOPT RESOLUTION RELATING TO $2,195,000
REFUNDING IMPROVEMENT BONDS, SERIES 2005B;
CALLING FOR THE SALE

The staff report from the finance director relating to authorizing the call for bids and setting sale date for $2,195,000 Refunding Improvement Bonds, with recommendation to adopt resolution relating to $2,195,000 Refunding Improvement Bonds, Series 2005B, call for the public sale thereof.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kreun introduced the following resolution and moved its adoption: Document No. 8763 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the mayor and his signature attested by the city auditor.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
CALLING FOR SALE OF GENERAL OBLIGATION TAX
INCREMENT REFUNDING BONDS, SERIES 2005C

The staff report from the finance director relating to Advance Refunding of General Obligation Tax Increment Bonds, Series 1994A and 1995B, with recommendation to approve the advance refunding of G.O. Tax Increment Bonds, Series 1994A (GFG Debt) and 1995B (GFG and Warehouse Apts.) and adopt resolution calling for the public sale of Series 2005C.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kreun introduced the following resolution and moved its adoption: Document No. 8764 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the mayor and his signature attested by the city auditor.

APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 5671, POINT BRIDGE REHAB.

The staff report from the engineering department relating to Project Concept Report for Project No. 5671, Point Bridge Rehab, with recommendation to approve Project Concept Report for Project No. 5671, Point Bridge Rehab, approve Alternate 1 Preservation project as the preferred alternative, including the lighting upgrade; consider the slide repair as a future project; and concur with East Grand Forks' decision on the sidewalk construction.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Upon voice vote, the motion carried 6 votes affirmative.

INTRODUCE ORDINANCE AMENDING SECTIONS OF
THE GRAND FORKS CITY CODE RELATING TO THE
ESTABLISHMENT OF VARIOUS FEES AND CHARGES

The staff report from the finance director relating to various code changes to amend license and permit fees, with recommendation to introduce various ordinance amendments to change some license and permit fees effective for calendar year 2006.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to the establishment of various fees and charges", which was presented, read and passed on its first reading.

ADOPT AMENDMENTS TO TRAVEL EXPENSE POLICY
AND PROCEDURES

The staff report from the finance director relating to amendments to travel expense policy and procedures, with recommendation to amend the Travel Expense Policy and Procedures as established by the city auditor per City Code 6-0317 and approved by the city council on February 17, 2004, and establish an effective date of August 1, 2005 for the amendments.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE APPLICATION BY GREAT WALL BUFFET
FOR CLASS 3 (OFF AND/OR ON SALE BEER AND WINE)
LICENSE

The staff report from the finance director relating to an application for Class 3 (Off and/or On Sale Beer and Wine) license by Wen Yu Jiang dba Great Wall Buffet, 3555 Gateway Drive, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

INTRODUCE ORDINANCES FOR WINERY ALCOHOLIC
BEVERAGE LICENSE AND TO AMEND LOCATION FOR
LICENSED PREMISES

The staff report from the Council Member Christensen relating to ordinances to amend and re-enact Sections 21-0205, 21-0210 and 21-0215 of the Grand Forks City Code, with recommendation to adopt the amendments to the Code.

There was come discussion relating to the amount of samples allowed under certain off-sale classes of license for alcoholic beverages, and that sampling sizes should be consistent. Council Member Christensen noted that Mr. Swanson has suggested that we consider elimination of the language that precludes an applicant operating within a church, school, hospital and that he had suggested that they change our ordinance to exempt B-2 and B4. Mr. Swanson stated his concern with the proposal to eliminate or create an exemption for the B-2 zone has more to do with the ability to distinguish a B-3 zone insofar as the uses that are allowed in a B-2 zone are adopted by reference to B-2 in a B-3. Logic tells him it is difficult to distinguish B-3 from B-2 for purposes of restricting alcohol sales when you incorporate one into the other and that is why he made the recommendation by which to consider eliminating those types of restrictions entirely; and agrees with the recommendations that those be uniform.

COUNCIL MEMBER BROOKS REPORTED PRESENT

Council Member Glassheim stated that new bars and restaurants have sprung up in this town and have been able to accommodate themselves to the existing law, and there are two things, one minor and one that wants a license in order to get around the smoking ordinance, doesn't want to be a bar but have license so they can smoke, and other is a winery tasting production facility which is not really a bar but wants to be a bar but the question is if it doesn't make any sense to protect public schools and churches from alcohol proximity, then throw it out, but maybe it still does and good reason for why that was adopted.

Council Member Christensen asked to look at paragraph (B), you don't get a liquor license if you are within 300 feet of a church, college, university building used for academic purposes, public or parochial school, public library or the hospital, that 300 feet is a city block and when this ordinance was passed they exempted the B-4, downtown in its entirety, so you could have bars within 300 feet of a church, that now have a choice of exempting B-2, that giving this council or future councils the ability to grant or not grant a license based upon the proposed location and proximity to a school or not, and should include language to eliminate paragraph (B) from the code, because the way this town is developing and designate an area in the PUD for church, and can see what they have done for schools, and university building used for academic purposes not much significance there.

Council Member Kerian moved first reading of the ordinance for winery alcoholic beverage license, Council Member Christensen seconded the motion.

Mr. Swanson asked that they include changes with respect to the sampling 2 oz. and that the 16 oz. was intended to be total amount and should be collectively or uniformly applied and include that into the motion. He stated changes are in the Class 2, Class 14 and proposed Class 15 licenses with respect to sampling

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Glassheim voted against the motion; President Gershman recused.

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 21-0106, 21-0205 and 21-0210 of the Grand Forks City Code relating to domestic winery on-sale and off-sale alcoholic beverage licenses", which was presented, read and passed on its first reading.

Council Member Christensen moved that we amend Section 21-0215 (2) to delete paragraph (b) in its entirety. Council Member Kreun seconded the motion.

Council Member Christensen stated that the effect is to eliminate the 300 ft. requirement to the nearest lot line to the closest lot line point of any church, college, university building used for academic purposes, public or parochial school, public library or hospital, from the ordinance.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member
Glassheim voted against the motion and President Gershman recused.

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 21-0215 of the Grand Forks City Code relating to alcoholic beverage control - locations where licensed premises prohibited", which was presented, read and passed on its first reading.

APPROVE CONCEPT REPORT FOR PROJECT NO. 5702,
PAVING 40TH AVENUE SOUTH FROM SOUTH 20TH
STREET TO REUMMELE ROAD

The staff report from the engineering department relating to Project Concept Report for Project No. 5702, paving 40th Avenue south from South 20th Street to Reummele Road, with recommendation to approve Project Concept Report.

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

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN PROJECT NO. 5890, DISTRICT NO. 287

The staff report from the engineering department relating to creating special assessment district for Project No. 5890, District No. 287, watermain on 40th Avenue South, 2500-2700 blocks, with recommendation to create special assessment district, 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 Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8765 - Resolution.

The city auditor presented and read the engineer's report on Watermain Project No. 5890, District No. 287: Document No. 8766 - Report.

Council Member Kreun introduced the following resolution to prepare plans and specifications: Document No. 8767 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 5890, District no. 287, be accept and adopted. Upon roll call the following voted "aye:" Council Members Brooks Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolutions adopted.

APPROVE BIDS AND AWARD CONTRACT FOR PROJECT
NO. 5774, TRUNK SANITARY SEWER

The staff report from the engineering department relating to consideration of bids for Project No. 5774, Trunk Sanitary sewer along 40th Avenue South, with recommendation to award contract to low bidder, Molstad Excavating, Inc. in the amount of $218,930.00, contingent upon easement acquisition necessary for the project.

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

APPROVE SUPPLEMENTAL UPDATE OF PRIORITY LIST
AND SUBMIT TO MPO

The staff report from the engineering department relating to recommendation to MPO for 2005-2006 annual Work Program Supplemental update, with recommendation to approve Supplemental Update of the Priority List and submit to MPO for including in 2005-2006 Work Program if funds become available from the ND Department of Transportation.

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

APPROVE ACCESS AND TRAFFIC SIGNAL AT 11TH
AVENUE SOUTH AND SOUTH 42ND STREET

The staff report from the engineering department relating to matter of access and traffic signal at 11th Avenue South and South 42nd Street, with recommendation to approve a full access at 11th Avenue South and South 42nd Street, approve the concept of signalization of the intersection and recommend budget development to the mayor.

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

APPROVE BUDGET AMENDMENT, FIRE DEPRTMENT

The staff report from the fire department relating to budget amendment, with recommendation to bring unused 2003-1 and 2003-2 Homeland Security revenues into the 2005 budget. It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.

APPROVE RECYCLING SERVICES AGREEMENT

The staff report from the director of public works relating to recycling service agreement, with recommendation upon final review of the service agreement by the city attorney, approve the recycling agreement with Waste Management of North Dakota, Inc. at rate of $2.15 per month per residential unit and $1.10 per month per participating apartment unit.

Jason Schaefer, 36 Parkview Circle, and Darrell Bragg, 3702 Cherry Street, Grand Forks County Citizens Coalition, were present. Mr. Bragg stated the key characteristics of a record setting recycling program, the EPA recommends 5 different characteristics and we have 3 of them here in Grand Forks, we compost our yard trimmings, target a wide range of materials that we can recycle and we design programs for convenience, pick up at the curb side and can mix your recycling; but the 2 pieces we are missing according to this EPA recommendation is that we should require resident participation by an ordinance, and we should have some economic incentives, like pay as you throw, East Grand Forks has that kind of a program and most of the major cities in Mn have that program which provides an incentive, buy bags at a cost and the less you put out as garbage the less you pay for your garbage removal.

Mr. Schaefer stated reasons to recycle are to create less waste, less pollution and by recycling and reusing products instead of manufacturing and mining new products from non-renewable resources, and stated there are compelling reasons for this community to recycle - that our landfill is going to be full in 2007, and the landfill proposed to replace the current landfill is poorly sited, poorly designed and facing formidable opposition, that there is potential for the city's landfill proposal in Turtle River Township to end up in court, which could take year or two to resolve and good chance the City would lose in court as legal precedent is on the side of the residents in Turtle River Twp. and if the City continues down this path it could find itself in the position where its existing landfill is full and the replacement landfill has been stopped which would bring us back to square one, and no where to put our trash and would leave city with fewer options and could be come costly. He stated we need to start diverting larger percentage of garbage from the landfill and this community should start thinking seriously about how we get better and make happen in cost effective way. Recommendations are that the recycling service agreement is going to be a 3-year extension with Waste Management and they would recommend staying away from a long-term contract, because of uncertainties of waste disposal future in this community, and have flexibility to re-evaluate the program every year. He encouraged the city council to make motion to form a citizens committee to study recycling and waste reduction, look at what other communities are doing, and at ways to make this economical, and rewarded for recycling and paying for garbage waste and need to divert more waste. He stated they were here representing the Grand Forks County Citizens Coalition and the Coalition wants to work with the City to find solutions and they have a great deal of knowledge, dedication and expertise within their membership.
Todd Feland, director of public works, stated the issue of pay as you go or throw, or volume based is an important issue and have studied that issue but there is technology coming in the future that will be reliable in which you can weigh individual cans and is moving in that direction, the City is always looking at moving in those directions. He noted that when we went to this contract we went to an incentive based system which has promoted use and a co-mingled system which made it easier for the customers/residents which has promoted use and thinks the City has incrementally improved ourselves, that the landfill is an issue and are working hard on that, and on other issues - composting and recycling and all other issues that have been discussed. He noted with 50-60% diversion a majority is presumably going into a landfill and that we need to solve that issue so that we can look at more ways of reducing our waste stream, is a combined effort and thinks recycling is going the right direction.

Dexter Perkins, 1112 Cottonwood Street, stated if go to a fee based system, not hard to convert from the big containers we have and thinks it is the right thing to do, it is fair, and those producing a lot of garbage will be paying more than those producing less, it helps to educate all of us and remind us that we want to keep the volume of our waste as low as possible. He stated we have a landfill problem and will be faced with a lot of hard decisions, and time to show some leadership and be a progressive town and not going to wait until 2007 and find that our landfill is full.

Mr. Feland stated the issue is that we have gone to an automated system and have done that for a lot of reasons, Workers Comp increase and rather than having 2 people on a truck went to a side-load system with 1 person, and part of this is about efficiency, and have made a lot of innovations along the way. He stated on a leadership position he does take some issue with leadership as we have been a leader on this issue on solid waste and the issue of whether we can conserve 5-10-15% more, point is that we should have been out of our landfill in 1998, and by grace of Department of Health we have been given grants to continue operation of our existing facility; that we have a bird issue, FAA issue and because moving in a positive direction trying to relocate what we have, we have been getting extensions, won't get extensions because we recycle more and in 2007 whether it is full or not or 2008 we are going to be out of that facility and know that it is going to be an issue, difficult issue and know that is coming.

Council Member Kreun stated in best scenario that was brought up tonight only 60% gets to be recycled, still 40% that has to go someplace, have to have a landfill no matter what you do, and noted that by the State Health Department of North Dakota it is one of the most researched highly investigated spots in the history of North Dakota.

Council Member Glassheim spoke in behalf of a citizens committee, City provides very good baseline service, that we are diverting about 25% and thinks a committee could add enthusiasm and energy to help educate citizens to use City's structure to provide better, enthusiasm you get from citizens who are committed to recycling can only be useful and would bring more people into the governing process, etc. and hope to move ahead with the idea and their main charge would be to encourage additional recycling..

It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the recommendation to approve the recycling agreement with Waste Management of North Dakota, Inc. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE CONTRACT TO GRAND FORKS TAXI FOR
COMBINED SENIOR RIDER AND ADA PARATRANSIT
SERVICE

The staff report from the director of public works relating to consideration of bid proposal regarding combined senior rider and ADA paratransit service for the cities of Grand Forks and East Grand Forks, with recommendation to approve award of bid to the lowest responsible bidder, Grand Forks Taxi at $4.35 per ride to provide service for a combined senior rider/DAR service, approve a senior rider/DAR user fee of $2.50 per ride.

Todd Feland, director of public works, reported that proposals were reviewed at the last committee of the whole meeting and had public discussion in regards to the proposed plan, there were some questions - that as part of the RFP there are many different reports that are going to have to be prepared by the contractor and the City is going to have to monitor those reports, that they have a mystery rider program, have people that ride on the system, fill out a survey and provide report back to them so they can see how they are operating, have monthly reports that are going to be required regarding any denials, length of trip, etc.
The other issue that came up was capacity and under proposed plan have 5 ADA accessible vans and some opportunities for efficiencies because vans not running all the time, talked with ND State Dept. of Transportation and we have 2 that are going to arrive in November of this year and if there was a third they could pick up just to have as an insurance policy.

He reported that Mr. Swanson has provided a memo that essentially states 9 findings that we should make and as part of their motion if they could include in the findings there is not a conflict of interest; second would be approving the award of the bid to the lowest responsible bidder which is Grand Forks Taxi at $4.35 per ride and to provide a service for a combined senior rider/DAR service as specified in the RFP and the service contract date would be 1/01/06; another recommendation is to approve a senior rider and DAR user fee of $2.50 per ride and would be effective 01/01/06, and final one is to approve a purchase of a third ADA van under State of ND bid which will be used in the combined senior rider/DAR service; another point is that East Grand Forks is working on this in parallel to us and at tomorrow night's meeting they are going to review this same issue and that they are looking at approving this.

Council Member Christensen moved the approval of the recommendation including consolidation of the DAR contract and points that Mr. Feland suggested we review, and moved that we find points 1 through 9 as suggested by on page 2 of his letter to council dated September 16, 2005 and include that as part of his motion. Council Member Kreun seconded the motion.

Mr. Feland reported they anticipate and have budgeted increased funding from the state-side because about a third of an increase from what they have received before and about a $50,000 increase from the State because in the last legislative session they added $1.00 on the registration fee that was to be dedicated to public transportation and will receive those additional monies; and they anticipate with this last Highway Bill that they are going to see an increase in the amount of federal funding they receive re. public transportation and on a third front the value of their mill has gone up and because we have about 4.7 mills dedicated to public transportation, fixed route, and 1 mill to dial-a-ride and have been increasing and that their revenue streams which are primarily the federal and state and local are second tier and all increasing because their costs also increasing.

Mr. Feland stated they use a portion of our federal operating grant to fund dial-a-ride. He stated they received from Senior Citizens Center $10,000 on an annual basis in which they would help subsidize the increase, $1.50, and the issue is going to be that some people have a hard time filling out forms and divulging a private part of their life, and his concern is that they have a service and one of their complaints from people who are disabled is currently they pay $3.00 and senior citizens pay $1.00 and questioned having to pay more, that they picked $2.50 and is strong advocate of equalizing, provide equity because similar service. He noted that this proposal stands on its own but they have a growing city and maintain their fixed routes and one of the boons could be if get additional federal money, afford to expand the fixed route services, know that Canad Inns is going to come in and have an aquatics park and don't serve that facility very well nor the Industrial Park and even though this is separate but one of their goals is to try to hit the areas south and west in Grand Forks and in future bring an enhancement to them, that each should stand on its own merits and more federal money we use for this means less federal money we have to do other things, our primary focus is fixed route service.

Council Member Glassheim stated his concern about the huge increase in one year of the senior citizen rates; and asked if the $2.50 was part of this motion, it is, and moved that the Senior rate be increased from $1.00 to $1.50 and that it go up $0.25/year until it reaches equity with the disability fee. Council Member Gershman seconded the motion.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Glassheim, Gershman - 2; voting "nay": Council Members Christensen, Kerian, Kreun, Brooks, Hamerlik - 5. President Gershman declared the motion to amend defeated.

Council Member Christensen and Council Member Kreun called the question.

Council Member Christensen withdrew his call for the question because if there is anybody who has any more question they should make them, and also address this being fairly close to the budget, $10,000 grant from Senior Citizens is only for one year, 2006, and probably have to address that issue in a year.

Upon call for the question and upon roll call vote the following voted "aye"; Council Members Brooks, Hamerlik, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": Council Member Glassheim - 1. President Gershman declared the motion carried.

DECLARE CITY-OWNED PARKING LOT AT 1003 SOUTH
46TH STREET AS SURPLUS AND AUTHORIZE STAFF TO
CALL FOR BIDS

The staff report from urban development relating to City-owned parking lot in Industrial Park, with recommendation to approve recommendation from Finance/Development Committee to declare City-owned parking lot located at 1003 South 46th Street surplus and to authorize staff to solicit bids with minimum bid of $205,900.00.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Upon voice vote, the motion carried 7 votes affirmative.

APPROVE BUDGET AMENDMENT, URBAN DEVELOMENT

The staff report from urban development relating to budget amendment for Fund 2199 116, with recommendation to approve budget amendment in the amount of $1,555,000.00 with increase due to Promenade construction and HIP loans given out.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.

ACCEPT OFFER TO PURCHASE CITY PROPERTY ON
17TH AVENUE SOUTH

The staff report from finance and administrative services relating to sale of City property at 2726, 2732, 2738 and 2744 17th Avenue South, with recommendation to approve the sale of the property to Steve Eickman for $7,000.00 for a total of $28,000.00.

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

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT FOR WATERMAIN
PROJECT NO. 5818, SEWER PROJECT NO. 5819, AND
PAVING PROJECT NO. 5820

The city auditor presented and read tabulation of bids which had been received and opened July 25, 2005, for Watermain Project No. 5818, District No. 286; Sewer Project No. 5819, District No. 439; and Paving Project No. 5820, District No.616; indicating that United Crane & Excavating, Inc. was the low bidder based upon their bids in the amounts of $20,912.00, $88,039.00 and $22,496.00: Document No. 8768 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 5818, Sewer Project No. 5819 and Paving Project No. 5820 in the amounts of $26,560.00, $111,825.00, $282,600.00, were presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 5818, 5819 and 5820, Watermain, Storm sewer and Paving for 44th Avenue South between South Washington Street and South 16th Street, with recommendation to award contract to low bidder, United Crane and Excavation in the amounts of $20,912.00, $88,039.00 and $222,496.00, respectively, for a total bid of $331,447.00.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8769 - Resolution.

It was moved by Council Member Kreun and seconded by Council member Hamerlik that this resolution awarding the contract for Watermain Project No. 5818, District No. 286; Sewer Project No. 5819, District No. 439; and Paving Project No. 5820, District No. 616; to United Crane & Excavating, Inc. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the resolution adopted and the contract awarded.
APPROVE FINAL PLAT OF REPLAT OF LOT A, BLOCK
1, PERKINS 2ND ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Allen Eide for final approval (fast track) of the Replat of Lot A, Block 1, Perkins 2nd Addition to the city of Grand Forks, ND (located at 3251 32nd Avenue South), with recommendation to give final approval to the plat.

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

ACCEPT PETITION FOR VACATION OF DEDICATED
R/W ADJACENT TO LOTS 1 AND 2, BLOCK 4, GREAT
NORTHERN FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from City of Grand Forks, ND for approval of a petition to vacate a dedicated street right of way adjacent to Lots 1 and 2, Block 4, Great Northern First Addition to the city of Grand Forks, ND (located at Alpha Avenue and North 6th Street), with recommendation to vacate and to set a public hearing as required by law.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik 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, that a notice of public hearing be published as required and the public hearing be set for Monday, November 7, 2005. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN KANNOWSKI'S PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 2, ALL OF KANNOWSKI'S FIRST
ADDITION, ULLAND PARK FIRST ADDITION, DEACONS
GARDEN ADDITION, FOUNTAIN VISTA PARK RESUB-
DIVISION AND ZAVORAL'S FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Deacon's Development, LLP, for preliminary approval of an ordinance to amend the zoning map to exclude from the Kannowski's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within Kannowski's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Kannowski's First Addition, Ulland Park First Addition, Deacon's Gardens Addition, Fountain Vista Park Resubdivision and Zavoral's First Addition to the city of Grand Forks, ND (located in Section 28, Township 151 North, Range 50 West 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 October 17, 2005.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik 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 Kannowski's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within the Kannowski's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Kannowski's First Addition, Ulland Park First Addition, Deacon's Gardens Addition, Fountain Vista Park Resubdivision and Zavoral's First Addition to the city of 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 PLAT OF MEADOW RIDGE FIRST
ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Crary Development, Inc. for preliminary approval of the plat of Meadow Ridge First Addition to the city of Grand Forks, ND (located in southeast quadrant of 47th Avenue South and South Washington Street), with recommendation to give preliminary approval to the plat, subject to conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for October 17, 2005.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE MEADOW RIDGE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL
OF MEADOW RIDGE FIRST ADDITION, AND TO INCLUDE
UNPLATTED LANDS LYING BETWEEN 47TH AVENUE SOUTH
AND 51ST AVENUE SOUTH, AND BETWEEN SOUTH WASHINGTON
STREET AND THE WESTERLY PLATTED BOUNDARIES OF NORTH
PINES RESUBDIVISION AND SOUTH PINES ADDITION

The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development, Inc. for preliminary approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District, and to include within the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan, all of Meadow Ridge First Addition to the city of Grand Forks, ND and to include unplatted lands lying between 47th Avenue South and 51st Avenue South and between South Washington Street and the westerly platted boundaries of North Pines Resubdivision and South Pines Addition, 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 October 17, 2005.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik 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 and to include within the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan, all of Meadow Ridge First Addition to the city of Grand Forks, ND and also to include unplatted lands lying between 47th Avenue South and 51st Avenue South, and between South Washington Street and the westerly platted boundaries of North Pines Resubdivision and South Pines Addition, all located in Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX PART OF THE
NW QUARTER OF NW QUARTER OF SECTION 27,
TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH
PRINCIPAL MERIDIAN

The staff report from the Planning and Zoning Commission relating to the petition from Tim Crary on behalf of Crary Development, Inc. for approval of an ordinance to annex to the city of Grand Forks, ND, the south 512 feet of the north 702 feet of the east 420 feet of the west 690 feet of the NW Quarter of NW Quarter of Section 27, T151N, R50W of the 5th P.M., Grand Forks County, ND, containing 215,040 sq.ft. or 4.93 acres, with recommendation to give preliminary approval of the ordinance and set a public hearing date as required by law.

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

Council Member Brooks introduced an ordinance to annex the south 512 feet of the north 702 feet of the east 420 feet of the west 690 feet of the Northwest Quarter of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOT
1, BLOCK 2, COLUMBIA PARK 22ND ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Steve Adams on behalf of Art Greenberg for the approval of the Replat of Lot 1, Block 2, Columbia Park 22nd Addition to the city of Grand Forks, ND (located in the 3500 block of South 42nd Street), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy and schedule a public hearing on October 17, 2005.

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

DENY REQUESTS TO INTRODUCE ORDINANCES TO
AMEND ZONING MAP AND TO ANNEX PROPERTY
PLATTED AS COLUMBIA PARK 28TH ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Arthur Greenberg for preliminary approval of an ordinance to rezone and exclude from A-2 (Agricultural Reserve) District and to include within the Columbia Park West PUD (Planned Unit South Development), Concept Development Plan Amendment No. 3, including Columbia Park 28th Resubdivision (located in the 4300 block of 36th Avenue South), with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and set a public hearing for October 17, 2005.

The staff report from the Planning and Zoning Commission relating to the request from Steven L. Adams on behalf of Arthur Greenberg, Jr. for approval of an ordinance to annex all property platted as Columbia Park 28th Addition, not currently annexed, including 140 feet south of the proposed right of way for 38th Avenue South (located in the South Half of NW quarter, Section 8, T151N, R50W of the Fifth Principal Meridian, with recommendation go give preliminary approval of the ordinance and set a public hearing date as required by law.

Council Member Christensen stated that if approving the rezoning of this property we are authorizing I-2 in an area that is adjacent to our Interstate, that we have a land use study soon to be delivered (generally set for spring of 2006 and have had major public input meeting), and if we have commissioned a land use study and asked our consultants for suggestions for proposed uses along our major corridors and thoroughfares that we not zone land along the Interstate as I-2, the resolution at the Planning and Zoning body was if there were going to be construction firm there and they store equipment, etc. there, they have to put up a 10 ft. steel fence with laths in it. He noted that his comments at last meeting were that 15 years ago the council tried to solve the problem on Highway 2 by spending $800,000 building a cement fence with paintings on it, but questioned whether the council wants to zone that portion of the city or wait until get the proposed use from land use study to see if it fits within the proposed use so we don't inadvertently do what we are trying to correct and find no ability to correct it on Highway 2, and suggested deferring the zoning until we receive the report. He stated if we are going to spend $130,000 for study should wait for a recommendation.

Steve Adams, 1942 Prairierose Court, rep. Art Greenberg, stated the I-2 zoning came out of Planning & Zoning recommendation and that he didn't request that and they said that is what is consistent with what is out there, didn't think this would be an issue, good complex and consistent with what is in the area; that it is a storage complex that he has proposed and detailed plan is enclosed with his application. Recommendation for zoning came out of planning office. He stated he didn't need the plat without the zoning, and if have to wait for a year to see what he can build on it then doesn't need the plat either.

Mr. Potter stated that Council Member Christensen pointed out that MPO is doing the extra-territorial study and the fringe around the city study and if feasible to ask them to accelerate this particular area rather than waiting until the end of the entire study and would be a possibility, and would have to ask MPO staff to discuss with consultant, possibly a month. Mr. Adams stated he wanted to get some of the project started out there, that there are 4,000 sq.ft. building and already had screened fence around it and 8 ft. channel with slats projected to put in but 10 ft. fence awful tall and tip over pretty easy and that was his plan and intended to do that and that this seems to be good spot for the storage complex, has landscaping and this is in a PUD, and Planning Department has lot to say about what gets built up there and have no intention to impact people they have already sold stuff to, can see concerns but thought they made enough provisions to protect anybody that is out there and if they are going to tell him to wait until next year but then would withdraw his plat because wouldn't need it either, nor the annexation.

It was moved by Council Member Kerian and seconded by Council Member Christensen to zone the property as B-3.

It was noted that MPO allocated $130,000 or $150,000 to study our corridors because of the problem and proposed land use for the next 30 to 40 years, long range plan. Mr. Potter stated it goes to 2035.

Upon call for the question on preliminary approval for zoning as B-3, the motion carried 7 votes affirmative.
Mr. Adams stated that if he his not able to get into the ground until mid to late October it will not happen and he will not be able to go on with the project and asked that his requests be withdrawn and will bring it back in the spring; and to let the annexation run with the zoning, one without the other does him no good.

Council Member Christensen moved to reconsider the motion to amend the zoning ordinance to rezone the property as a B-3 district, seconded by Council Member Glassheim. Carried 7 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Christensen to deny the
recommendation for rezoning the property. Carried 7 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Kerian to deny the recommendation to annex the property in Columbia Park 28th Addition. Carried 7 votes affirmative.

TABLE NEAR UND NEIGHBORHOOD COMMITTEE
RECOMMENDATIONS UNTIL OCTOBER 17, 2005

The staff report from the Near UND Neighborhood Committee, Pete Haga, relating to the UND Neighborhood Committee recommendations, with recommendation to approve moving forward with communication efforts as identified by the Committee.

Greg Krause, 718 North 25th Street, stated he would like to support all of the recommendations with the exception of the 4 to3 in an apartment or rental unit simply because of an enforcement issue, they report that information to Inspections but they have no way of proving that and no way to enforce that, and suggested that they get the committee back together for the enforcement issue and make sure that Mr. Swanson, city attorney, or Kristi Pettit, city prosecutor, is at that meeting.

Gordon Iseminger, 2420 9th Avenue North, stated his property is close to the University, streets filled with cars, cars parked on front lawns, clusters of motorcycles around the front door, loud parties in the neighborhood all the time, many homes in his neighborhood coming up for sale but in far too many instances and many say because they are "sick and tired" of what is happening in the neighborhood and have no hope that it is going to change, only going to get worse; and questioned why ordinances not being enforced.

PRESIDENT GERSHMAN RELINQUISHED CHAIR,
VICE PRESIDENT HAMERLIK PRESIDING

Kim Novak, 2103 9th Avenue North, commented on issue of the ordinance from changing from 4 individuals to 3 individual living in a unit, parking for individuals. She stated with ordinance changes enforcement needs to be addressed

VICE PRESIDENT HAMERLIK RELINQUISHED CHAIR,
PRESIDENT GERSHMAN PRESIDING

Council Member Hamerlik suggested that they go through each of the recommendations submitted by the committee along with several ordinances. President Gershman questioned whether the city attorney has had time to review the proposed ordinances as ordinances affect the whole city.

Council Member Kerian moved introduction of the ordinance relating to off-street parking and loading, Section 18-0302 (5), seconded by Council Member Christensen.

Council Member Hamerlik stated he would be willing to give a brief summarization of the recommendations, aware that there needs to be enforcement; recommendation for Attachment 1 was to restrict front-yard parking to paved areas only, and apartment owners must be providing parking in the rear and current regulations do not restrict parking to paved area but this ordinance would.

Mr. Swanson, city attorney, stated that Attachment 1 that is in the packet is not the most recent draft that he provided Inspections Department, that his draft which was not a complete draft was dated 9/07/05 and that this is an earlier draft.

Rick Duquette, administrative coordinator, recommended sending this back to staff and that the staff work with the committee and then bring materials back to the city council for action.

Mr. Swanson reviewed some of the changes to the ordinances that he recommended and asked whether the council wanted to do this piecemeal or collectively, and would like further recommendation from his office.

After further discussion it was moved by Council Member Kerian to move ahead with the community service officer as enforcement is one of the things that they need to do, moved to approve the addition of an evening and weekend community service officer. Council Member Christensen seconded the motion. Upon voice vote the motion carried 7 votes affirmative.

Council Member Glassheim moved to table these recommendation for one month and that the council members on the committee meet with the attorney and the administrative coordinator to discuss responses in the interim. Council Member Christensen seconded the motion with the addition to the motion that within a month that we get the information of what the 6 cities that the city attorney wrote letter requesting information of what they have done and addressed the issue and get a preliminary opinion as to changing the zoning, and if necessary to hire additional attorney to assist him. Council Member Glassheim agreed to the change in his motion. Upon call for the question Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Hamerlik voted against the motion.

STATEMENT OF CHANGES IN CASH BALANCES

An informational item was presented to the council - Statement of Changes in Cash Balances as of August 31, 2005.

CITIZEN REQUEST

Sarah Gensburger, 2804 South 17th Street, stated she lives in apartment building and questioned if there was a noise ordinance, that the corner of 17th and 28th Avenue has very heavy traffic from 32nd Avenue and Washington and had thought four-way stop might be put in place because very busy and very noisy. She also noted personal vehicles with loud mufflers. President Gershman stated this could be referred to the traffic engineer to see if intersection warrants a four-way stop.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 05-18, dated September 16, 2005, and totaling $3,587,019.85 and Estimate Summary in the amount of $61,641.00, were presented and read.

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

MAYOR AND COUNCIL COMMENTS

1) Council Member Christensen stated he would like a resolution in place as the City moves forward in adopting a city in the south that we get periodic reports, quarterly reports, as to the money expended and staff that goes down and alternates for staff, sources for funding so that it doesn't impact citizens as to sales taxes or property taxes.

2) Council Member Kerian stated that the CVIC has requested some funds, that the CVIC speaks to the safety and security of citizens in some ways that other organizations do not, that is one of the premier jobs that we have and legitimate to focus on CVIC and that it fits with our mission, and further that the finance/development standby committee was to look at this matter, that the County needed to consider because of the service area that CVIC serves and hope that we will follow suit. Council Member Hamerlik stated that the County of Grand Forks allocated $50,000 to CVIC.

3) Council Member Kreun noted cooperation that the two fire departments brought together, great to see and hear that from a contractor that was there at the time of the incident and asked Chief O'Neill to report that to his employees.

4) Mr. Swanson reported he and the city auditor were involved in telephone conference with the State Tax Commissioner's Office, that as a result of legislation passed dealing with the streamlined tax collection compact there are some matters with respect to our city sales tax that will need to be addressed, that the 1/4% tax that is funding part of the Alerus maintenance no longer can be characterized as a city sales tax, that the legislation removed our authority to impose that tax, that today identified some possible alternatives on how to impose a quarter percent beverage, food and lodging tax. In addition the legislation removed all caps from city sales taxes, presently we have a cap on our tax and State has indicated that Cities can no longer do that, however, as a substitute they are including a refund mechanism so that residents that pay beyond the cap can request a refund; and we will need to change that. He also noted that there are some changes in certain exemptions that our city sales tax has that no longer are permitted under State law. He noted as a result of the phone conference it will be on your agenda for next committee of the whole meeting, but that he will not have all the necessary drafts because there is some additional research but the Tax Commissioner's Office is asking that we have these in place no later than the middle of November.

It was noted that this tax was passed by a vote of the people; that it was amendment to the Home Rule Charter; Mr. Swanson stated would not have to go back to a vote of the people.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

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