City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 17, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 17, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown commented on various events during the past week and upcoming events:
He reported that the EERC broke ground on the new National Hydrogen Research Center, that this is important because of the 5200 high paying jobs and further strengthen the growing research in the research corridor, and thank the EERC team, our community members.
He stated a ground breaking occurred last Wednesday for the Elite Brownstones and have a project underway that will increase the density of downtown inhabitants and offer residential ownership downtown.
That the fire department open house will be April 22 from 10:00 a.m. to 2:00 p.m. at Central Fire Station.
The public health department will be hosting family immunization festival next Monday, April 24, from 4:00 p.m. to 7:00 p.m.
He congratulated all the organizers and attendees of the 2006 North Central Regional Mosquito Control event last Tuesday, with over 80 people from all over the region including Minnesota and South Dakota.
Strata Corporation is to be commended, they were recognized as a 5-star employer for their support of the National Guard and Reserve award which was done April 14 and that Council Member Kreun attended that meeting.

PUBLIC HEARING ON 2005 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER)

The staff report from the office of urban development relating to public hearing on 2005 Consolidated Annual Performance Evaluation Report (CAPER), with recommendation to hold the public hearing on the Report.

Mayor Brown opened the public hearing.

Council Member Gershman stated that in looking at the recipients of the public service programs, that the Grand Forks Park District Youth Making a Difference Program received $6,000 and the Grand Forks School District as Center of Community Program received $14,000; that he has no doubt that these are very good programs but these are taxing entities in the city of Grand Forks that are taking our tax dollars and using it for their taxing entity, would recommend in the future that other political subdivisions not participate because those entities also have tax money.

Mayor Brown closed the public hearing.

Council Member Glassheim stated that United Way approved programs and allocated money not because of who the recipients were but whether it was accomplishing the goals that were set out and what they thought necessary in the community and if there were programs that helped youth, whether city-funded programs or park district funded programs if youth was a high priority they considered activities from other entities. Council Member Gershman stated he didn't doubt that the programs were worthwhile but if that worthwhile those taxing entities should do them themselves because they have the ability to do it and that the School District has sufficient funds to handle a program like that, and would recommend that the Park District and the School District find it in their budgets to do it.

Council Member Brooks stated that when this money is turned over to United Way to hear the application and allocate the funds, should give them that direction next year through our resolution. Council Member Glassheim stated that this is federal money that comes to the city and not part of our local taxing effort that is being taken from local city taxes and given to some other local taxing entity.

It was moved by Council Member Brooks and seconded by Council Member Gershman to approve the 2005 Consolidated Annual Performance Evaluation Report (CAPER). Carried 7 votes affirmative.

ADOPT ORDINANCE NO. 4131 TO ANNEX PORTIONS
OF THE NW QUARTER OF NW QUARTER OF SECTION
27, T151N, R50W OF 5TH P.M.

An ordinance entitled "An ordinance to annex the south 495 feet of the north 685 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 had been introduced and passed on its first reading on March 20, 2006, 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 exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 4132, ANNEXING PORTION
OF N HALF OF SW QUARTER OF NW QUARTER OF
SECTION 8, T151N, R50 WEST OF 5TH P.M.

An ordinance entitled "An ordinance to annex the northerly 767.72 feet of the North Half of the SW Quarter of the Northwest Quarter of Section 8, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on March 20, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration of second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 4133 TO ANNEX PART OF
SE QUARTER OF NE QUARTER OF SECTION 19 AND PART
OF SW QUARTER OF NW QUARTER OF SECTION 20, IN
T151N, R50W OF 5TH P.M.

An ordinance entitled "An ordinance to annex part of the Southeast Quarter of the Northeast Quarter of Section 19 and part of the Southwest Quarter of the Northwest Quarter of Section 20, all in Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks, North Dakota", which had been introduced an passed on its first reading on March 20, 2006 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 exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 4134, ESTABLISHING
MORATORIUM ON SUBIDIVISON, PLATS OR
APPLICATIONS FOR REZONING IN CITY'S EXTRA-
TERRITORIAL ZONING JURISDICTION

An ordinance entitled "An ordinance establishing a moratorium on the approval of subdivision, plats or applications for rezoning in the city's extraterritorial zoning jurisdiction", which had been introduced and passed on its first reading on March 20, 2006, 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, however, protests were made to the city council at this meeting on March 20, 2006.

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

Tarek Howard, 1305 Kuster Circle, representing Trent and Bill Olson, stated that he wanted to address proposed amendments to the ordinance which in their opinion differ substantially from the original form of the ordinance that was published in the Grand Forks Herald, that refers to the retroactive intention of the ordinance and the fact that the ordinance hasn't received final approval and appears to be the intent to apply the ordinance retroactively to March 20; that the Olson's completed subdivision plat was filed March 21, completed March 22 and that on the evening of March 20 for the first time was brought to the attention of the public, the Olson's specifically and under those circumstances were put in a situation where there was no possible way to submit the application prior to March 20 and thinks that the Olson's have a position, that there are a lot of issues prior to any kind of final vote and that the retroactive nature of the ordinance, ND law generally requires that statutes that are generated by the legislature, the council members and by municipalities are to be applied not retroactively but proactively, and that there are statutes that allow for retroactive application and needs to be settled clearly in the ordinance but would submit that notice given on this particular ordinance did not include any indication that it was the council's intent to apply a retroactive ordinance, and in issues of fairness and probably legal issues and that is the position of the Olson's at this stage.

Ralph Applegren, 1245 12th Avenue NE, stated that he falls in the same situation, that they have a subdivision, Breton's Second Subdivision, and have been working on it as a need to basis, and when found out they were in the 4-mile zone, couldn't react as fast to get the petition in on time, but would like to be considered. He stated his application was filed with Planning and Zoning on Thursday, that he met with Planning and Zoning at their last meeting and explained that he was concerned about March 20 deadline and was told to get the petition in before tonight's meeting. He stated they developed 4 lots on the land that they own out there, that this will be 40 lots but actual intention was to develop 5 lots and as he has farmland committed for the next 3 or 4 years and after that would bring lots in as seems necessary.

Tom Hagness stated he was interested in this proposal because of past experience, that they are looking for proper orderly growth in the community and that the plat of Trent Olson Addition is the ideal planned orderly growth. He stated that April 1 had been suggested but council chose the 20th of March and that the Olson plat was submitted on the 21st but is here to encourage council to change that date, first choice to Aril 1, or second choice to March 22, to allow the proper orderly growth to develop in the county.

Brad Gengler, city planner, reported that the Planning and Zoning Commission overrode staff's determination for denial and did recommend approval of both preliminary on the plat and final on the moratorium ordinance, but that the moratorium ordinance that was submitted to them did have the recommendation from the city council for the March 20 deadline knowing that both issues needed to come back to this body for final clarification this evening.

Council Member Hamerlik stated that this item on the agenda is tied to item 4.21 (request from Tarek Howard on behalf of William Olson for preliminary approval of plat of Trent Olson Second Subdivision, being part of NE Quarter of Section 21, T151N, R50W of 5th P.M., GF County). Mr. Gengler stated this would be tied directly to the preliminary action on the plat of Trent Olson Second Subdivision.

Council Member Hamerlik stated that an ordinance was drafted that was sent out in the mail and if that precedes anything or if it should be taken into consideration under one of these items. Mr. Swanson stated that the ordinance that was provided was in response to the action which was taken for preliminary approval, that ordinance does correspond with the agenda item you are presently discussing.

Council Member Glassheim asked if any plats have been recommended for approval by Planning and Zoning. Mr. Gengler stated that Ridgeview Estates First Addn. has received both preliminary and final by Planning and Zoning and is presented to council tonight for final; Trent Olson Second did receive preliminary approval by Planning and Zoning the first Wednesday in April with their recommendation of approval passed onto council overriding staff's recommendations; The Fayette plat which is the small 3-lot was just submitted and hasn't been to Planning and Zoning, similar to Mr. Applegren's plat which was just received in their office and has not seen Planning and Zoning; Knipe's First Addition plat had gone through the preliminary phase and went to final and the applicant agreed to allow it to be tabled to start the study process for the corridor; and have to honor that plat because it had gone through those steps over two years ago, and will bring it up off the table and finish it at the owner's request.

Mr. Gengler stated his recommendation is based off the content of the Land Use Plan which does not support 2.5 acre subdivision lots, and that the plat themselves found no reason to deny them from a technical standpoint. He stated it didn't really matter which date whether it was the 20th of March or a date prior to that, the substance of what we're discussing is still the same and at this point staff would recommend going along with the March 20 day because tonight is final approval of the Land Use Plan which indicates that the Trent Olson Second is something that is not supported, in the Tier 3 which is the area that this plat sits within, the Land Use Plan clearly says we're going to look at one per 40 densities vs. higher densities as we move in closer to the city, and from that standpoint the Land Use Plan would have to be amended or changed or modified to reflect allowing that.

Council Member Glassheim asked if they have a moratorium but during the 6 months of the moratorium if you found special circumstances could still come back and ask for approval of something if it appeared that it could be worked into the plan or if it had some merit. Mr. Gengler stated the intent of the moratorium is only to put a hold on accepting all new subdivision plats and applications until December 31, 2006 and in the meantime will continue to revise the Code, that if subject to the moratorium something would have to be changed or otherwise modified to allow the plat to occur.

Mr. Swanson responded to Mr. Howard's comments about the March 20 date and retroactive guidelines; that one of the comments that was made is that the notice of an ordinance did not indicate the date, there is no requirement under ND law that you can give advance notice of any amendments to an ordinance, whether it is a preliminary approval or final approval, and doesn't consider that to be an argument that has legal merit. As far as the comment that ND law has a statute that indicates that effective date of legislation is normally prospective, that is true, however, the exception to that is that if the legislation clearly identifies it as retroactive effect, it is permissible. He stated that what you are debating as it relates to the Olson application will not be considered by law to be retroactive, the determination of retroactive means that it affects something that is already been acted upon, in this case the Olson application occurred after the date that you are considering to be an effective date of the moratorium; that people may consider that to be a retroactive application date, all it does is have an early effective date, does not defeat any action previously given by this body, the case law is quite clear that if that retroactive application or early effective date, however, you wish to perceive it, were to remove a vested right you could not do it without it being considered to be a taking. The law is also very clear including a case in the State of North Dakota that an application does not provide vested rights, it is nothing more than a mere expectation at most, on top of that the U.S. Supreme Court has specifically held that the adoption of a moratorium during a comprehensive plan consideration is not a taking as long as it is on an interim basis. The bottom line as he indicated in his memorandum to council is that he sees no legal reason why you cannot use the March 20 date if that is your choice, and will leave it to the council to decide whether that is an appropriate date or not but doesn't find a legal impediment, that he found an overwhelming support that if the council chooses to use the date of first introduction and preliminary approval, that it would be upheld if the matter were the matter were ever considered by a court.

Council Member Kerian stated that one of her concerns is that we don't know who else did or didn't act because of the anticipation of that date, and changing it at this time doesn't add anything, that there are some people who would prefer that date but when start changing that particular date, that has some ramifications for other people.

Mr. Swanson stated if the ordinance were to be adopted regardless of what effective date you choose, as it is presently drafted, there is no exception until after December 31, 2006; there are no provisions for special circumstances, if inclined to do that you would have to amend the ordinance now or at a later date and specifically establish a criteria for special circumstances to be considered; once you adopt a moratorium ordinance, that ordinance will be in effect until the date provided in the ordinance or unless earlier repealed or amended.

Mr. Swanson suggested that any motion for final approval be final approval of the ordinance submitted by the city attorney's office which includes whatever effective date you have and a terminating date of December 31, 2006.

Council Member Kerian moved adoption of the ordinance to include the effective date of March 20 and a terminating date of December 31, 2006. Council Member Christensen seconded the motion.

Council Member Glassheim moved an amendment to the motion, that the moratorium apply to any plats not recommended for preliminary approval by Planning and Zoning prior to March 23. Council Member Brooks seconded the amendment.

Mr. Swanson questioned intent of the amendment, a date of March 23 was indicated, and if that would be the date that filing must have occurred by or the date by which preliminary approval had to be given. Mr. Glassheim stated preliminary approval of Planning and Zoning Commission would have taken place prior to March 23. Mr. Glassheim stated he needed to change his motion to April 5, and intent is that if Planning and Zoning has given preliminary approval at the last meeting. Mr. Brooks concurred with change in the amendment.

Mr. Swanson asked Mr. Gengler of a rundown of the filing dates of the various proposals that may be in flux. Mr. Gengler stated that of the plats that were just discussed, the Trent Olson Second Subdivision was turned in on March 21 and 22 and given preliminary approval on April 5; Mr. Applegren's plat of Breton's First was submitted on April 13, just plat and plat application and hasn't gone to Planning and Zoning yet; the Fayette First Addition which is the small 3-lot proposal was submitted on April 13, 2006; and the two plats that were submitted previously, the Ridgeview Estates Addition which is on the agenda tonight was submitted on February 13, 2006, and has gone through preliminary and gone through final at Planning and Zoning and up for final at city council; and fifth subject plat discussed tonight is Knipe's First Addition and was submitted in September of 2004, received preliminary by both Planning and Zoning and council and tabled at final.

Mr. Swanson stated that the ordinance draft that was forwarded from his office utilized a March 20 date for filing, under that ordinance the Knipe Subdivision and the Ridgeview Subdivision would both be permissible for future approval, the Olson, Applegren and Fayette would not comply with the provision of the ordinance as forwarded to you and as originally moved tonight. Under the amendment by Mr. Glassheim the only proposal that would be affected would be the Olson proposal.

Mr. Swanson stated as he understood the amendment using an April 5 deadline for action having been taken by Planning and Zoning Commission, the only one that would not otherwise be approved under the original draft, the only one added in for potential action, is the Olson's, the other two, the Applegren proposal and the Fayette proposal having been filed on April 13 and having not yet even been considered by Planning and Zoning would be affected by the moratorium in that no action could be taken on either of those until after December 31, 2006, assuming that the ordinance is adopted without any further exceptions.

Mr. Swanson stated the procedure in the State of North Dakota for incorporating allows property owners to petition to formulate incorporation, there is a hearing process that goes along with it, but once you have a subdivision created there would be very little preventing at least the application seeking to incorporate and then it would be a matter of whether or not the statutory requirements are met to separately incorporate.

Mayor Brown closed the public hearing.

Upon call for the motion to amend and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim - 3; voting "nay": Council Members Christensen, Kerian, Kreun, Gershman - 4. Mayor Brown declared the amendment defeated.

Council Member Glassheim stated that the Olson application was in on the 22nd of March and moved an amendment to the ordinance to read the March 22, 2006 as deadline for filing an application. Council Member Brooks seconded the motion.

After further discussion and upon call for the question on the motion to amend, and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim - 3; voting "nay": Council Members Kerian, Kreun, Gershman, Christensen - 4. Mayor Brown stated the motion to amend failed.

Upon call for the question of adoption of the original motion and upon roll call, the following voted "aye": Council Members Kreun, Hamerlik, Gershman, Christensen, Kerian - 5; voting "nay": Council Members Brooks, Glassheim - 2. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4135, AMENDING THE COM-
PREHENSIVE PLAN, CHAPTER XVIII, ARTICLE 8, SECTION
18-0802, ELEMENTS OF THE GRAND FORKS CITY CODE OF
1987, AS AMENDED, PERTAINING TO GRAND FORKS YEAR
2035 LAND USE PLAN UPDATE

An ordinance entitled "An ordinance amending the Comprehensive Plan, Amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802 Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks Year 2035 Land Use Plan Update", which had been introduced and passed on its first reading on March 20, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND for final approval of an ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Year 2035 Land Use Plan, with recommendation to give final approval to the ordinance relating to the Comprehensive Plan, pertaining to the Year 2035 Land Use Plan.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative; Council Member Brooks voting against the motion.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": Council Member Brooks - 1. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4136,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
RIDGEVIEW 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 Ridgeview Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 20, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering and Surveying on behalf of Lavonne Adams for final approval of the plat of Ridgeview Addition (located at 8th Street NE and one-half mile south of County Road 6), with recommendation to give final approval to the plat, subject to 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 Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

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

ADOPT ORDINANCE NO. 4137, ADOPTING ARTICLE 12,
STORM WATER MANAGEMENT, RELATING TO STORM
STORM WATER MANAGEMENT RULES AND REGULATIONS

An ordinance entitled "An ordinance amending the Grand Forks City Code of 1987, as amended, amending Chapter XVIII, Land Development Code, adopting Article 12, Storm Water Management relating to storm water management rules and regulations", which had been introduced and passed on its first reading on March 20, 2006 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening, and further that to date no protests or grievances had been filed with his office.

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

The staff report from the engineering department relating to the request from their department on behalf of the city of Grand Forks for final approval of an ordinance amending the Grand Forks City Code of 1987, as amended, amending Chapter XVIII, Land Development Code, adopting Article 12, Storm Water Management, relating to storm water management rules and regulations, with recommendation to give final approval to the ordinance.

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

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

ADOPT ORDINANCE NO. 4138, AMENDING ZONING MAP
TO INCLUDE WITHIN THE COLUMBIA PARK WEST PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3, ALL
OF COLUMBIA PARK 22ND ADDITION, COLUMBIA PARK
23RD ADDITION, JOHNSON'S WEST FIRST ADDITION, LOTS
1, 2, 3 AND 4, BLOCK 1, COLUMBIA PARK 28TH ADDITION;
AND LOTS A THROUGH D, BLOCK 1 AND LOTS A THROUGH
D, BLOCK 2, COLUMBIA PARK 28TH RESUBDIVISION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Columbia Park 22nd Addition; Columbia Park 23rd Addition; Johnson's West First Addition; Lots 1, 2, 3, and 4, Block 1, Columbia Park 28th Addition; and Lots A through D, Block 1 and Lots A through D, Block 2, Columbia Park 28th Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 20, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Arthur Greenberg for final approval of an ordinance to rezone and exclude from the A-2 (Agricultural Reserve) District and the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, including Johnson's West First Addition, Columbia Park 22nd Addition, the Replat of Lot 1, Block 1, Columbia Park 22nd Addition, Columbia Park 23rd Addition and Columbia Park 28th Resubdivision (located in the 4300 block of 36th Avenue South), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.

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

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

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4139,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
COLUMBIA PARK 28TH 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 28th Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 3, 2006 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 report that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Arthur Greenberg for final approval of the plat of Columbia Park 28th Resubdivision, being a replat of Lot 3, Block 1, Columbia Park Addition and unplatted lands south thereof to the city of Grand Forks (located in the 4300 block 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, to include final approval of an ordinance amending the street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 4140, AMENDING ZONING
MAP TO INCLUDE WITHIN R-4 (MULTIPLE FAMILY
RESIDENCE, HIGH DENSITY) DISTRICT, LOTS 14, 15 AND
16, BLOCK 58, ALEXANDER & IVES ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple Family Residence, High Density) District, Lots 14, 15 and 16, Block 58, Alexander and Ives Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 20, 2006, and which was scheduled for public hearing this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to request from Joe Sierra for final approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and to include within the R-4 (Multiple family Residence, High Density) District Lots 14, 15 and 16, Block 58, Alexander and Ives Addition to the city of Grand Forks, ND (located at 901 North 6th Street), with recommendation to give final approval to the ordinance.

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

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

APPROVE EXEMPTION OF REMODELING IMPROVEMENTS
TO COMMERICIAL AND RESIDENTIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings, with recommendation to grant exemptions of increased value for 3 years of the following properties: 1417 5th Avenue North; 1724 5th Avenue North; 1506 South 16th Street; 2237 Fallcreek Court; 1102 22nd Avenue South; 1011 23rd Avenue South; 624 Campbell Drive; 1011 Cottonwood Street; 2024 4th Avenue North; 708 University Avenue; 4855 5th Avenue North; 5055 5th Avenue North; 5057 5th Avenue North; 1609 North 5th Street; and 2118 11th Avenue North.

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

APPROVE REQUEST FOR FUNDING FOR CONVENTION
AND VISITORS BUREAU

The staff report from the Mayor's Office relating to funding request - marketing to Canada, with recommendation to approve allocation of $50,000 from fund 2163 to be used for expanded marketing in Canada.

The city auditor reported that Mr. Duquette had visited with Canad Inn and their comment was that they would like the same sense of review that they have been requested to take to their marketing plan and review it with the Alerus Commission and the CVB, and would like to discuss it with the CVB to make sure there is no duplication of effort

Council Member Christensen suggested that as they received information from Julie Rygg, CVB, including their projections, doesn’t think we should touch the $300,000 budgeted in 2163 that was carried over from last year and will be carried over this year as Canad Inn people will not be in a position to begin a marketing plan as they won’t have a hotel built until sometime in early spring or middle summer of next year; that the CVB is looking for $50,000. He moved that we approve the CVB’s request and fund them up to $50,000 for their marketing plan for 2006 but that said $50,000 be reduced by any excess in the room tax lodging and the car rental tax that are found in both their budgets so that if there is more money coming from what they do then we don’t have to fund the full $50,000. Council Member Gershman seconded the motion.

The city auditor stated that once we have a line item in the budget and if it is not expended we would carry that money forward starting each year with $300,000, and that we have an agreement that with $300,000, $300,000, $200,000, $150,000 and $100,000 over the next 5 years and until they start using that money we hold onto enough cash in that fund and enough revenue to be able to obligate that, we have an obligation of that money at this point.

Council Member Kreun agreed but that he would go back and use the word Greater Grand Forks CVB, that we have two cities, maybe two counties that are involved in this and it benefits those cities and counties and if there should happen to be a shortfall over and above room tax and in the motion that each one would take on a portion of that responsibility because they all benefit from this marketing plan and asked if that does have a shortfall that we go to those other entities and make the proposal and make them aware of what they are getting and that they should pay their fair share.

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

APPROVE SMALL COMMUNITIES AIRPORT
DEVELOPMENT GRANT

The staff report from Mayor Brown and President Gershman relating to Small Communities Airport Development Grant, with recommendation to approve the expenditure of $40,000 from Fund 2163 as match for a U.S. Department of Transportation Small Communities Airport Development Grant should the Grand Forks Regional Airport Authority receive an award pursuant to its grant application.

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

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
5945, DISTRICT NO. 623

The staff report from the engineering department relating to creating special assessment district for Project No. 5945, District Nos. 623, paving Southern Estates 5th Addition, with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map; and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8871 - Resolution

The city auditor presented and read the engineer's report on Paving Project No. 5945, District No. 623: Document No. 8872 - Report.

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 8873 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 5945, District No. 623, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
OF NECESSITY FOR PAVING PROJECT NO. 5703, DISTRICT
NO. 608A

The staff report from the engineering department relating to engineer's report for Project No.5703, District No. 608A, paving 47th Avenue South (South Washington Street to Belmont Road), with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

The city auditor presented and read the engineer's report on Paving Project No. 5703, District No. 608A: Document No. 8874 - Report.

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 8875 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that the recommendation be approved and that the engineer's report and the resolution of necessity for Paving Project No. 5703, District No. 608A, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

APPROVE CHANGE ORDER NO. 3, PROJECT NO. 5769,
PHASE V LANDFILL CLOSURE

The staff report from the engineering department relating to Change Order No.3 for Project No. 5769, Phase V, Landfill Closure, with recommendation to approve Change Order No. 3 for Robinson Excavating in the amount of $42,965.80.

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

AWARD MOSQUITO CONTROL FACILITY LEASE/
PURCHASE OPTION BID TO JR INVESTMENTS

The staff report from the health department relating to awarding mosquito control facility lease/purchase option bid to JR Investments, with recommendation to award mosquito control facility lease with purchase option to JR Investments, Inc.

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

APPROVE VARIANCE FOR LOT 1, BLOCK 2, OSCARVILLE
SUBDIVISION FOR ACCESS ONTO MINOR ARTERIAL
STREET REQUIREMENT

The staff report from the Planning and Zoning Commission relating to request from Douglas Amundson on behalf of OTR Properties for approval of a variance from Section 18-0907 (2)(L)(3) LDC for Lot 1, Block 2, Oscarville Subdivision (located at 2611 North 42nd Street), city of Grand Forks, for the purpose of varying the access onto a minor arterial street requirement from 660 feet to 22 feet, with recommendation to give final approval of the variance, subject to the approval of a variance by the Board of Adjustments from Section 18-0302(8)(B).

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

APPROVE VARIANCE FOR LOT 1, BLOCK 1, ADAMS
DOBMEIER SUBDIVISION FOR ACCESS ONTO MINOR
ARTERIAL STREET REQUIREMENT

The staff report from the Planning and Zoning Commission relating to request from Bobbi Hepper-Olson on behalf of Jon Larson for approval of a variance from Section 18-0907 (2)(L)(3) LDC for Lot 1, Block 1, Adams Dobmeier Subdivision (located at 5515 University Avenue) for the purpose of varying the access onto a minor arterial street requirement from 660 feet to 300 feet, with recommendation to give final approval of the variance, subject to the approval of a variance by the Board of Adjustment from section 18-0302 (8)(C), subject to site plan approval, and approval of a replat.

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

APPROVE FINAL PLAT OF REPLAT OF BLOCK 7,
SUNNY NODAK FARMS ADDITION

The staff report from the Planning and Zoning Commission relating to request from Mike Yavarow on behalf of the City of Grand Forks, ND and Eickhof Development Group, LLC for final approval (fast track) of the Replat of Block 7, Sunny Nodak Farms Addition to the city of Grand Forks, ND (located in the 6800 block of University Avenue), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF BLOCK 1,
EIDE AND KNOFF ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Mike Yavarow on behalf of the city of Grand Forks, ND and Dennis Kadlec for final approval (fast track) of the Replat of Block 1, Eide and Knoff Addition to the city of Grand Forks, ND (located in the 3800 block of US Highway 81), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
2, BROWN'S ADDITION

The staff report from the Planning and Zoning Commission relating to request from Mike Yavarow on behalf of the City of Grand Forks, ND for final approval (fast track) of the Replat of Lot 1, Block 2, Brown's Addition to the city of Grand Forks, ND (located in the 2801 block of Olson Drive), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1
OF REPLAT OF N.S.P. AND PILLSBURY INDUSTRIAL
PARK SECOND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Mike Yavarow on behalf of the City of Grand Forks, ND and Northern States Power Company for final approval (fast track) of the Replat of Lot 1, Block 1 of the Replat of N.S.P. and Pillsbury Industrial Park Second Addition to the city of Grand Forks, ND (located in the 2900 block of Mill Road), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX ALL THOSE
LANDS KNOWN AS SW QUARTER OF NW QUARTER
OF SECTION 20, T151N, R50W OF 5TH P.M.

The staff report from the Planning and Zoning Commission relating to request from Steve Adams on behalf of Arthur Greenberg, Jr. for approval of an ordinance to annex that portion of SW Quarter of the NW Quarter of Section 20, Township 151 North, Range 50 West of the Fifth Principal Meridian (also known as Columbia Park 32nd Addition), containing 21.56 acres, more or less, with recommendation to give preliminary approval to the ordinance and set a public hearing date as required by law.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to annex all those lands known as the Southwest Quarter of the Northwest Quarter of Section 20, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE STREETS AND PUBLIC
R/W SHOWN ON REPLAT OF CAMPBELL ADDITION

The staff report from the Planning and Zoning Commission relating to request from Mike Yavarro on behalf of the City of Grand Forks, ND Ardell L. and Ina Jane Korynta, Tim Crary, and the Grand Forks County Water Resource District for approval to vacate all streets and rights of way shown on the replat of Campbell Addition to the city of Grand Forks, ND (located north of U.S. Highway 2 and west of North 55th Street), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.

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

INTRODUCE ORDINANCE TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF COLUMBIA PARK
32ND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of the plat of Columbia Park 32nd Addition (located between I-29 and South 38th Street, north of the drainway and south of Lowe's Home Improvement Warehouse) city of Grand Forks, ND with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to he review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for May 15, 2006.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 32nd 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 GREENBERG PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 1, TO INCLUDE COLUMBIA PARK
27TH ADDITION AND COLUMBIA PARK 32ND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Steve Adams on behalf of Art Greenberg, Jr. for preliminary approval of an ordinance to rezone from Greenberg PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, to include Columbia Park 27th Addition and Columbia Park 32nd Addition (located north of the drainway and south of Lowe's Home Improvement Warehouse and the Grand Forks Market Place), with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to the review copy and schedule a public hearing for May 15, 2006.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Greenberg PUD (Planned Use Development), Concept Development Plan and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan, Amendment No.1, to include Columbia Park 27th Addition and Columbia Park 32nd 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 THE REPLAT OF LOT A, BLOCK 4 OF
REPLAT OF BLOCK 4 AND REPLAT OF BLOCK 2 AND
BLOCK 3 OF PLAT OF KORYNTA-LEMM SUBDIVISION

The staff report from the Planning Department relating to the request from Mike Yavarow on behalf of the City of Grand Forks, ND, Vernon and Judy Gornowicz, Violet Korynta Theis, Shirley Korynta Mumm, Audrey Korynta Bowers, and Violet Korynta, for preliminary approval of the Replat of Lot A, Block 4 of the Replat of Block 4 and a Replat of Blocks 2 and 3 of the Plat of Korynta-Lemm Subdivision to the city of Grand Forks, ND (located north of 17th Avenue North and east of North 55th Street), with recommendation to give preliminary approval to the request, to include an ordinance amending the Street and Highway Plan subject to the conditions shown on or attached to the review copy, and set a public hearing for May 15, 2006.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot A, Block 4 of the Replat of Bock 4 and a Replat of Block 2 and Block 3 of the Plat of Korynta-Lemm Subdivision", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF LOT 4, BLOCK 2;
LOT 1, BLOCK 3; BLOCK 4; LOTS 1 AND 2, BLOCK 5; LOTS 1
AND 2, BLOCK 6; LOT 1, BLOCK 9; AND LOTS 1 AND 2,
BLOCK 10; CAMPBELL ADDITION

The staff report from the Planning and Zoning Commission relating to request from Mike Yavarow on behalf of the City of Grand Forks, ND, Ardell L. and Ina Jane Korynta, Tim Crary, and the Grand Forks County Water Resource District for preliminary approval of the Replat of Lot 4, Block 2; Lot 1, Block 3; Block 4; Lots 1 and 2, Block 5; Lots 1 and 2, Block 6; Lot 1, Block 9; and Lots 1 and 2, Block 10, Campbell Addition to the city of Grand Forks, ND (located north of US Highway 2 and west of North 55th Street), with recommendation to give preliminary approval to the request, to include an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy, and set a public hearing for May 15, 2006.

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

Council Member Kerian introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 4, Block 2; Lot 1, Block 3; Block 4; Lots 1and 2, Block 5; Lots 1 and 2, Block 6; Lot 1, Block 9; and Lots 1 and 2, Block 10, Campbell Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DENY REQUEST FOR PRELIMINARY APPROVAL OF
PLAT OF TRENT OLSON SECOND SUBDIVISON

The staff report from the Planning and Zoning Commission relating to request from Tarek Howard on behalf of William Olson for preliminary approval of the Plat of Trent Olson Second Subdivision, being a part of the NE Quarter of Section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, ND, with recommendation to grant preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan, and to set a public hearing for May 15, 2006.

Tarek Howard stated that he wanted to bring up things that hadn't been addressed, that Mr. Gengler has their petition which was dated March 20 and was in this chamber on March 20 and no where to file petition as their office was closed, and had question for Mr. Swanson - that several things that relate to the NDCC, Section 40-12-08 Petitioner Refer and Ordinance, and if it is the petition of the city attorney that the 5-2 vote would meet or not meet the four-fifths vote of members required to institute a suspension of an ordinance, that if they were to receive the required signatures, it would be his understanding that if they received the required signatures to submit it to a vote of the citizens of Grand Forks that the actual moratorium that was just voted on would be suspended pending a final vote by the City. Mr. Swanson stated he would like to have an opportunity to review it and would discuss that with him, that there is a right for referral of an ordinance.

Mr. Howard stated that prior to March 20 had he tried to file this petition with Mr. Gengler, the City did not have jurisdiction on the 20th; and that evening filing it on the 21st there was a question on whether or not the City could even accept filing. Mr. Swanson stated that didn't mean that filing would have been rejected, they may not have had jurisdiction to act upon the application, didn't know under what authority the City could decline to file it if an applicant submitted it for filing other than to report that they wouldn't have jurisdiction to act upon the filing. He also stated that by Code the filing occurs with the Planning Department, but in practice whether it was accepted or whether it was submitted to the mayor's office, the finance office or the planning department, it would have been accepted, but planning department handles applications for replats, subdivision approvals, etc.

Mr. Gengler reported that the staff recommendation from the Planning and Zoning Commission opposed his original recommendation to the Planning and Zoning Commission, and staff's recommendation esp. in light of action taken upon the ordinance would have to be on behalf of staff to the commission of denial of the plat.

Council Member Christensen moved denial of the plat, seconded by Council Member Kerian.

Mr. Swanson stated he might recommend considering tabling of this indefinitely until the action is taken to finalize your study and the various reports and actions that may stem from the final studies. He stated that Mr. Gengler is telling you is that tonight you have adopted your 2035 Plan but as a part of that there is additional work to be done on the various ordinances and policies that will implement that plan, with the possibility that there could be either modifications to the submitted subdivision proposal or in the actual action that might be taken, if taken at all in the future, this plat would not have been denied, it still would be available for consideration at a future date.

Council Member Christensen stated the proposal on 2035 Plan is one residence per 40 acres in the 2 to 4 mile area, and that is what Mr. Gengler is telling us, that he will stay with his motion for the following reasons: recognizing the 2035 Plan says 1 house per 40 acres, that is the proposal, that isn't to say that going forward future councils wouldn't approve some type of living arrangements in the 2 to 4 mile jurisdiction or within the 1 to 4 mile jurisdiction, the whole idea is not to have 2.5 acre lots, and if have 40 acres, about 1/3 acre is a city lot- that in the Fargo area, if want to build in the 2 to 4 mile area you have to have city sized lots, curb and gutter and streets, so when it comes time to annex its coming in real simple, but when it comes time to annex 2.5 acre lots without curb and gutter with streets narrowly paved or not paved, or gravel, you run into all kinds of problems with future annexation. He stated they did go through a lengthy process to develop our 2035 Plan and to extend the 2-mile jurisdiction which does cause some problems for the Olson family and might cause some problems for Mr. Applegren but looking at the interests of 53,000 people, etc. and there will be a time, sooner than later, that Trent Olson can present his proposal in light of the rules we will adopt going forward as to why part of this area should be subdivided and people should be allowed to live out there, but this isn't the time. He stated when you have these types of subdivisions close to an area such as ours, one of the ways of stopping the City from doing anything is to incorporate and become your own municipality, possibility always exists and that is why we should try to lay the groundwork for future councils as far as an orderly development and annexation of lands in the future.

Council Member Hamerlik moved an amendment to remove the word "deny" and insert the word "approve". Council Member Brooks seconded the motion. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim - 3; voting "nay": Council Members Gershman, Christensen, Kerian, Kreun - 4. Mayor Brown declared that the motion failed.

Upon call for the call for the original motion and upon roll call the following voted "aye": Council Members Gershman, Christensen, Kerian, Kreun - 4; voting "nay": Council Members Hamerlik, Glassheim, Brooks - 3. Mayor Brown declared the motion carried.

INFORMATIONAL ITEMS

The Statement of Changes in Cash Balances as of March 31, 2006, was presented to the council for information.

APPROVE BILL LISTING

Vendor Payment Listing No. 06-08, dated April 14, 2006, totaling $1,718,936.07, was presented and read.

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

APPROVE MINUTES MARCH 20, 2006

Typewritten copies of the minutes of the city council meeting held on Monday, March 20, 2006, were presented and read. It was moved by Council Member Gershman and seconded by Council Member Glassheim that these minutes be approved as read. Carried 7 votes affirmative.

SET POLLING HOURS FOR ELECTION ON JUNE 13,
2006

The city auditor reported that a listing of candidates had been placed on the council members desks and that when they established the polling places they did not set the polling hours, which takes resolution of council, would need a unanimous vote of council to add this to the agenda tonight, and to make a motion after for the hours to be set at 7:00 a.m. to 8:00 p.m.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik to include on the agenda the setting of polling hours for the election of June 13, 2006. Carried 7 votes affirmative.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to establish the polling hours of election for June 13, 2006 as 7:00 a.m. to 8:00 p.m. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Hamerlik stated that this Wednesday the mayor/council work session is scheduled for 4:00 relating to budget session and asked whether meetings were to start at 4:00 rather than 5:00 and how that fits with certain individual's schedules. After come discussion re. meeting hours, Council Member Gershman recommended that the future meetings stay at 5:00 p.m. except for 4:00 this coming Wednesday.

3) Council Member Kreun stated they have a Safety/Service standby committee at 4:30 p.m. tomorrow in Room A101 and includes two items: solid waste disposal plant and contractor licensing. He stated he had received message from Mr. Campbell in Emergency Management and if haven't take the National Incident Management Systems course, probably should and that there are more advance courses that we may want to take and that gets us ready for more federal money, and would advise council members to take at least the first responder course. Council Member Brooks stated that they are required to take that and that there is a timeline - September 30.

4) Council Member Gershman stated he had the honor of speaking at the groundbreaking for the council at the EERC and congratulations to EERC, our Growth Fund Committee, Economic Development Corporation and the city council which sits as the JDA for agreeing to give the EERC $500,000 - it is easy to support success and this is one of many more projects that they will have.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor