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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 17, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 17, 2010 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; absent: Council Member McNamara - 1.

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 items during the past week and upcoming events:
He wished everyone a Happy Syttende mai to all our Norwegians, including our friends in our sister city, Spargsborg.
Congratulations to all the graduates over this last weekend and good luck to all the upcoming graduates in the future - thank you to the nearly 1,000 volunteers who took part in the Big Event a couple weeks ago.
Proud and excited that the Air Show at the Grand Forks Air Force Base this coming Saturday, Thunder over the Red River, and this event brings our community and Base together, and encourages all community members to get to the Air Show on Saturday.
Congratulations to Letter Carriers Food Drive this past weekend, they raised over 53,000 lbs. of food that was collected to go to food cupboards, and thanks to all the organizers and volunteers who made this possible.
The newest mission at the Base is the Unmanned Air Assistance, UAS, and this week Senator Dorgan is hosting a UAS action summit on Thursday and Friday and will be highlighted by Air Force Chief of Staff visit, General Norton A. Schwartz. The UAS is one of our community's key areas of development and that the City, County, Air Force Base, UND, NCPC and many more are all partners to make sure that we are not only to be a premier site but a development and employment of UAS but also a premier site for the research and commercialization of technology related to it. That we are well pleased with Senator Dorgan's leadership to bring this action summit to Grand Forks.
Welcome to Laura Harmon, Miss State Capitol, who will compete in Williston in June for the Miss North Dakota competition, a UND senior student.

EMPLOYEE RECOGNITION

Mayor Brown reported there were four city employees who have reached employment milestones and recognized the following employees and thanked them for their dedication:
Dennis Gunderson, 25 years as senior service worker in wastewater department
Mike Laschkewitsch, 15 years and works as assistant director in informational technology department
Dan Casetta, 5 years as police officer
Blake Royal, 5 years as senior firefighter

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 6460, DISTRICT NO. 639

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 639, Project No. 6460, construction of 30th Avenue South from South 20th Street to South 25th Street, 31st Avenue South from South 20th Street to South 23rd Street, and South 23rd Street from 32nd Avenue South to 30th Avenue South, had expired on May 13, 2010 and that a protest had been filed with the city auditor being 18.45% of the assessment district.

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

Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 9275 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 639, Project No. 6460, as the written protest did not create a majority of the area of the assessment district, and further that the resolution be adopted. Carried 6 votes affirmative.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENCES
AT VARIOUS LOCATIONS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings as follows: 413 Oak Street; 618 Schroeder Drive; and 2816 Clover Drive; with recommendation to grant exemption of increased value for 3 years.

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

APPROVE REQUEST TO CHANGE ALCOHOLIC BEVERAGE
LICENSE FROM CLASS 4 TO CLASS 1 LICENSE BY RA
LESLIE INVESTMENTS

The staff report from the finance department relating to application for a liquor license by RA Leslie Investments dba Big D's Bar & Grill and a change from a Class 4 license to Class 1, with recommendation from committee to approve change in the license category with a split vote.

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

Council Member Christensen stated that by changing this license to Class 1 - General On and Off Sale Liquor and Beer - the purpose of the facility is changed considerably and now have full liquor store, on and off sale, and not sure that is something we want in the middle of the Bronson Tract, that he is not sure what the position of the University of North Dakota is, and should consider that before approving it.

Robert Leslie of Big D's in Fargo stated that they will also be a full restaurant, have a full menu, and reason for change in license is because there are months where they do more sales in alcohol than food and not something they can gauge from month to month basis, their business model does include a full time restaurant and serve great food and are well known for it. He stated that Nick Brown has been working with UND for some time, that their establishment is run very well, have great security, something that they watch closely with their establishment - that they would like to have the decision today.
Council Member Christensen moved to table this for a period of 30 days or sooner until the University of North Dakota gives us their response as to whether or not they would like to have this type of liquor license on the Bronson Tract. Because no discussion could take place on motion to table, Council Member Christensen withdrew his motion at this time.

Council Member Bakken stated that we are only addressing the license issue, that the University owns the property and would have decision re. leasing of the property - that they have liquor at The Ralph already.

Council Member Christensen stated that the type of license is a significant change from former license and that if Mr. Brown is negotiating with the University and sees about getting approval by the University as to a change of tenant, nothing urgent about waiting for two or three weeks to see what the University's position is on this, if they don't have a position, then we can move forward.

Council Member Glassheim asked if there are any grounds on which we could legally turn down a request for license, his understanding that we don't have grounds to do that. Mr. Warcup stated it is a discretionary action to grant or deny a license, and that if the council felt that the appropriate location was somewhere else and this location didn't lend itself to that type of operation, it would be their discretion to either grant or deny the license.

Council Member Christensen stated his motion is to table this matter for 30 days or sooner if the University comes back with a position as to whether they accept it or not, then bring it back and if there is an extension that they need from May 30 until June 30 is part of his motion. Council Member Bjerke
seconded the motion.

Upon roll call vote, the following voted "aye": Council Members Bjerke, Christensen - 2; voting "nay": Council Members Glassheim, Bakken, Kreun - 3; Council Member Gershman recused. Mayor Brown declared the motion failed.

Council Member Glassheim asked if we could approve contingent upon approval of the University of North Dakota, Council Member Christensen seconded the motion. Mr. Warcup stated that approving the transfer of the license contingent upon another entity's decision or not would be an inappropriate delegation of your authority, you would have to make the motion to either approve or disapprove the license as it exists - cannot ask another entity to make that decision for you, could listen to what the other entity says but allowing them to make the decision is inappropriate.

Mr. Warcup stated the document controls the use of the property between the property owner, the University, and the proposed tenant. Mr. Leslie stated there is not a lease as yet and will not sign the lease if can't get the license, and that they won't sign a lease if they don't agree with the type of license we have. -

Council Member Bakken moved to approve the change in the license from a Class 4 (Food & Beverage Establishment) license to a Class 1 (General On and Off Sale Liquor and Beer) license, and to work out their leases with the current owners. Council Member Kreun seconded the motion.

Council Member Glassheim asked if we couldn't pass it contingent on the lease being signed, and not giving the decision making to anybody else but an objective document and would feel more comfortable with that. Mr. Warcup stated the practical effect of what Mr. Bakken had discussed would be accurate, that if the property owner won't allow it, it won't happen if the property owner and tenant can't agree, the property license location or premises would not occur, however, still has the concern of discretion and making it entirely the University's choice, whether or not this is going to go forward, and if were to grant it tonight and University as property owner and tenant didn't agree, it couldn't go further than that, and if did make an agreement, then the University agrees as does the tenant and the issue of the license with the University's approval that would be moot.

Council Member Kreun stated our job is to transfer and the University has its opportunity to enter into the agreement or not and not our responsibility, and called for the question.

Upon roll call vote, the following voted "aye": Council Members Glassheim, Bakken, Kreun - 3; voting "nay": Council Members Bjerke, Christensen - 2; Council Member Gershman recused. Mayor Brown declared the motion carried and the request for change in license approved.

RECEIVE TABLULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 6460, DISTRICT NO. 639

The city auditor presented and read tabulation of bids which had been received and opened on May 3, 2010 for Paving Project No. 6460, District No. 639, street reconstruction of 30th Avenue South from South 20th Street to South 25th Street, 31st Avenue South from South 20th Street to South 23rd Street and South 23rd Street from 30th Avenue South to 32nd Avenue South, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $609,488.50: Document No. 9276 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6460, District No. 639, in the amount of $ , was presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 6460, Paving District No. 639, reconstruction of 30th Avenue South from South 20th Street to South 25th street, 31st Avenue South from South 20th Street to South 23rd Street and South 23rd Street from 30th Avenue South to 32nd Avenue South, with recommendation to award contract to low bidder Strata Corporation in the amount of $609,488.50.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and the resolution awarding the contract to Strata Corporation was presented and read: Document No. 9277 - Resolution. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 6584, DISTRICT
NO. 183

The city engineer's estimate of total cost of the construction of street lighting on 6thth Avenue North in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project no. 6584, District No. 183, street light on 6th Avenue North from North 53rd Street to North 55th Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 9278 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6595, DISTRICT NO. 644

The city engineer's estimate of total cost of the construction of street paving extension on North 36th Street in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6595, District No. 644, North 36th Street paving extension, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 9279 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.

APPROVE PRELIMINARY ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 6595, DISTRICT NO. 644

The staff report from the engineering department relating to approval of preliminary engineering services agreement for Project No.6595, District No. 644, North 36th Street paving extension, with recommendation to approve agreement with Webster, Foster & Weston for preliminary engineering services in the amount of $13,500.00.

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

APPROVE SIDEWALK LIST NO. 2, PROJECT NO. 6514

The staff report from the engineering department relating to approval of Sidewalk location List No. 2 for Project No. 6515, 2010 Sidewalk Repair and Installation, with recommendation to approve 2010 Sidewalk Location List No. 2.

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

APPROVE CONSTRUCTION ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 6425, FEDERAL PROJECT
NO. STM-SU-6-986(097)101

The staff report from the engineering department relating to construction engineering services agreement for Project No. 6425, Concrete Panel Replacement, Mill and Overlay and Incidentals on 13th Avenue South (South 20th Street to Cherry Street), Federal Project No. STM-SU-6-086(097)101, with recommendation to approve agreement with Webster Foster & Weston for construction administration engineering services in the amount of $63,838.14 for this project.

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

APPROVE MOSQUITO CONTROL LAB CONSTRUCTION
The staff report from the health department relating to mosquito control lab construction, with recommendation to award bids for WNV (West Nile virus) Test Laboratory to Innes Construction Company in the amount of $99,865.00.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE BIDS FOR MOSQUITO CONTROL
CHEMICALS AND EQUIPMENT

The staff report from the health department relating to mosquito control chemicals and equipment bids, with recommendation to approve purchase of mosquito control products and equipment to companies outlined on the 2010 mosquito control bid tabulation.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE PILOT PROJECT FOR URBAN COMMUNITY
GARDEN PROJECT

The staff report from the environmental compliance/greenway manager relating to urban community garden pilot project, with recommendation to approve lease agreement with attachments and allow Amazing Grains access on the sites to begin preparing for the 2010 planting season.

There were a number of individuals who spoke in favor of the community garden project:
Tyler Clauson, assistant manager at Amazing Grains, 829 S. 25th Street, #1
Jilliann Law, 1318 Linden Court
David Whitcomb, Amazing Grains Board President, 504 South 4th Street
Brooke Bina, Chicago (former resident)
Jason Schaefer. 39 Parkview Circle
Tyler and Heidi Demars, 316 Walnut Street

and several individuals who spoke against the urban community garden project:
Sherrie Brossort, 610 South 4th Street (aesthetics, safety issue, large number of people into neighborhood)
Lael Smith, 606 South 5th Street, representing 44 people who are opposed to the community garden project, and presented petition signed by individuals opposed to the project in front of the water intake structure.

A petition signed by individuals supporting the community garden pilot project was also presented.

Council Member Bakken stated that after reviewing contract, that the cleanup fee should be higher, and Melanie Parvey reported that Amazing Grains would deposit a fee of $1,200.00 for cleanup and fee of $10.00 from each gardener; and that Amazing Grains would be responsible for cleanup. It was also noted that there are two sites, one site across from water treatment plant and the other site next to the water intake plant.

Council Member Gershman gave background on dog park and boat ramp which took several years before approval of locations, terms, etc. but that these neighbors received letter on April 30 that this information was being presented to the city council - and has concerns re. location of the gardens, area is now green space and with gardens there could be problem with dust and dirt - also some discussion re. fencing of the garden plots.

Council Member Kreun asked for explanation of how these locations were picked for the community garden plots. Ms. Parvey reported that they have talked about community or urban gardens in the last three or four years and for additional space as there is waiting list for the one site we do have in Grand Forks that does offer community gardens. There has been interest of having something downtown, but unable to make this work in the greenway because no vehicle access and no access for utilities. The
downtown area desirable because there are a number of people who live downtown who don't have their own backyard to be able to plant an urban garden or live in apartments downtown so it adds to the vibrancy of the downtown and supports the Mayor's Green3 initiative and looked at a number of places in the downtown area that are either managed by the Office of Urban Development (not developable areas) and looked at areas within public works or city-owned property that were not developable, and that is how we got to the point of picking these two sites.

Council Member Christensen stated concern of his - would take 2 to 3 years to bring back to current condition if program doesn't continue - that if there are 41 neighbors signing a petition, why not wait - taking down that nice area, no money for a fence, $1200 won't get a fence, where will they get the water for their plots; not sure this is appropriate location for it and suggested to go with area behind Kelly's Bar as City owns those lots and why not use that area. Melanie Parvey stated that the property behind Kelly's Bar is managed by Urban Development and there was some discussion but no interest in pursuing that area.

Mayor Brown stated this is pilot project so if didn't work here what would be next choice? Ms. Parvey stated that right now doesn’t have any other site located - could look at anything within the downtown, whether infill lots or lots that the city owns that might be an option. She stated current location is favorable for number of reasons because managed by public works department as well as a lot of the members from Amazing Grains live within that area and lot of interest to have managers living close by and watch and work in order to pursue it for this year.

Council Member Gershman stated that it seems there is universal agreement that public gardens are a good thing, and also in agreement is to have something near or downtown so that those that live downtown can access, and asked what would happen if we took the narrow strip of land and developed that piece only, however, the other thing is that it is going to give us time to look for more appropriate or numerous lots closer to downtown - and going to offer that as a compromise - to do the narrow strip of land as it will be easier to maintain, easier to put some fencing that would be appropriate - that it takes it away from that beautiful green space and offers that up for discussion.

Jason Schaefer suggested a compromise, a motion to approve the two plots under the condition that Amazing Grains up the deposit to take care of a fence and sodding should the pilot project not work out which would address their concerns and therefore the City is not on the line at all, and do not want to put our community on the line, but want to enhance our community; and would like to make that friendly suggestion.

Council Member Gershman stated that we are in agreement that this is a good thing and offered a compromise, and that his motion is to go with the pilot project on the narrow strip of land north of the water plant and that the City work diligently with Amazing Grains to identify and help develop other plots in downtown and other areas of Grand Forks. Council Member Christensen seconded the motion.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Glassheim, Gershman, Christensen - 3; voting "nay": Council Members Bjerke, Bakken, Kreun - 3. Mayor Brown voted because of a tie vote, voted in favor of the motion and declared the motion approved.

Council Member Christensen stated as chairman of the finance/development committee would invite Mr. Schaefer to explore the land behind Kelly's Bar because not selling that land this year, there are couple lots to work with. It was also requested by Council Members Glassheim and Gershman as have time to start looking to see what it would take to put it somewhere in the greenway or in Riverside or other areas.

AUTHORIZE PURCHASE OF PUBLIC WORKS
EQUIPMENT

The staff report from the director of public works relating to Public Works Department equipment - Sanitation Division highway tractor bid #2010-30, skid steer loader bid #2010-31, Water Division utility body bid #2010-33, with recommendation to approve bids as follows: Used Class 8 Highway Tractor - $51,000 (RDO) Truck Center of Grand Forks; Skid Steer Loader, $29,913 (Bobcat of Grand Forks) and Fiberglas Utility Body/Liner, $12,185 (Northern Truck Equipment of Fargo.

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

APPROVE AWARD OF BIDS FOR DEMOTION AND
REDEVELOPMENT OF 732 AND 816 NORTH 4TH STREET

The staff report from the director of urban development relating to demolition and redevelopment of 731 and 816 North Fourth Street, with recommendation to authorize award of bids to Craftmasters, LLC
($128,079 for 732 North 4th Street and $130,129 for 816 North 4th Street).

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion.

APPROVE FINAL PLAT; AND INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT
OF SIMPLOT FIRST RESUBDIVISION

The staff report from Planning and Zoning Commission relating to request from Widseth, Smith, Nolting and Associates on behalf of the City of Grand Forks, ND and the J.R. Simplot Company for final approval (fast track) of the plat of Simplot First Resubdivision to the City of Grand Forks, ND (located in the 1800 block of North 36th Street), with recommendation to give final approval to the plat to include a variance from Section 18-0204, definition of a minor subdivision, subject to the conditions shown on or attached to the review copy, and schedule s public hearing for the street and highway ordinance on July 6, 2010.

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

Council Member Bakken 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 Simplot First Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF REPLAT OF SOUTHBROOK
FOURTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development, Inc. for final approval of the Replat of Southbrook Fourth Resubdivision to the city of Grand Forks, ND (located between 47th Avenue South and 48th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE REQUEST FOR APPEAL TO SIGN CODE BY
AURORA MEDICAL PARK, LLC

The staff report from the Planning and Zoning Commission relating to request from Indigo Signs on behalf of Aurora Medical Park, LLC for approval of an appeal to the sign code as provided for in Section 18-0301.1 Appeal, of the Grand Forks Land Development Code. More specifically the appeal is to provide for a larger identification sign at 1451 44th Avenue South, with recommendation to grant approval to the request for approval of an appeal to the sign code.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 10 AND
11, BLOCK 3, BLAIR-SATROM-BAUKOL ADDITION

The staff report from the Planning and Zoning Commission relating to request from Janet and Robert Hanson on behalf of North Briarwood Condo for final approval (fast track) of the Replat of Lots 10 and 11, Block 3, Blair-Satrom-Baukol Addition to the city of Grand Forks, ND (located at Rider Road and 17th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

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

The staff report from the Planning and Zoning Commission relating to preliminary request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of the plat of Highland Point Third Addition to the city of Grand Forks, ND (located at 40th Avenue South and South 16th Street), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and schedule a public hearing for the Street and Highway Ordinance on July 6, 2010.

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

Council Member Bakken 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 Highland Point Third Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX HIGHLAND
POINT THIRD ADDITION TO THE CITY OF GRAND
FORKS

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development, Inc. for approval of the annexation of Highland Point Third Addition to the city of Grand Forks, ND (located at 40th Avenue South and South 16th Street), 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 Bakken and seconded by Council Member Christensen that this recommendation be approved, with public hearing on June 7, 2010. Carried 6 votes affirmative.

Council Member Bakken introduced an ordinance entitled "An ordinance to annex all that part of Highland Point Third Addition, not previously annexed, to the city of Grand Forks, North Dakota, together with the full width of all platted streets and public rights of way contiguous thereto", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE UTILITY EASEMENTS
IN KORYNTA-LEMM 2ND AND 4TH RESUBDIVISIONS,
WITH PROPERTY TO BE PLATTED AS LOT 3, BLOCK
2, LEE'S RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to petition from Gateway Storage, LLC for approval to vacate utility easements in Korynta-Lemm 2nd and 4th Resubdivision, to be platted as Lot 3, Block 2, Lee's Resubdivision, with recommendation to give final approval to the petition and set a public hearing as prescribed by law.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved, 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 July 6, 2010. Carried 6 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX ALL THAT PART
OF LOT 3, BLOCK 1, LEE'S RESUBDIVISION, NOT
PREVIOUSLY ANNEXED, TO THE CITY OF GRAND FORKS

The staff report from the Planning and Zoning Commission relating to request from Gateway Storage for approval of the annexation of the remainder of Lee's Resubdivision, not yet annexed to the city of Grand Forks, ND (located at Gat3way Drive and North 48th Street), with recommendation to give preliminary approval to the ordinance and set a public hearing date as required by law.

It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved, with hearing date on June 7, 2010 . Carried 6 votes affirmative.

Council Member Bakken introduced an ordinance entitled "An ordinance to annex all that part of Lot 3, Block 1, Lee's Resubdivision (previously platted as Lot 4, Block 1, Korynta-Lemm 4th Resubdivision), not previously annexed, to the city of Grand Forks, North Dakota, together with the full width of all platted streets and public rights of way contiguous thereto", which was presented, read and passed on its first reading.

INFORMATIONAL ITEMS

The Portfolio/Management Summary for period ending April 30, 2010 and the Statement of Changes in Cash Balances as of April 30, 2010, were presented for council's information.

REFER REQUEST TO PURCHASE PROPERTY AT
1815 NORTH 3RD STREET TO COMMITTEE

Matt Aarvig, 1708 North 4th Street, reported that he and his wife have a bid proposal they would like to submit to the council to purchase the lot at 1815 North 3rd Street, that it was submitted to the committee and was turned down, and would like to submit it directly to the city council.

Greg Hoover, director of Urban Development, stated their process is to put out notice of properties that are able to be developed and solicit proposals with certain guidelines; that this particular property failed to meet those requirements, therefore, the committee members voted to deny the transfer of the property for this project. He stated he doesn't know if there is any appeal process and believes that the council could take the proposal and give it consideration if you should want to, but thinks that is a legal issue. The regular committee, including Meredith Richards and Marsha Gunderson from the Historical Preservation Commission, and the criteria was that the garage was not predominant. Council Member Christensen asked that they submit it and the finance/development committee will review it.

Council Member Kreun stated that Mr. Aarvig had the support of about 70% of the people in that area, and the other option is that there was not another bid on that particular lot and that Mr. Aarvig would meet the criteria for what Mr. Carsen had as the value of the lot and would strongly consider looking at this project. Mr. Hoover stated they have other people who are interested in submitting plans; that once the project has gone through and been denied it is as you submit it, that you want it to go to committee and can tell you that the property did not meet any of the guidelines, no split level, etc. Mr. Kreun stated that he thinks the committee should take a good look at it to see if a viable project.

Council Member Glassheim stated that the guidelines after meeting with the neighbors were not to be split level, was included in the guidelines and then Mr. Aarvig hands in a split level, what is the deal - doesn't want to see it in finance and if have procedure for doing these things, should follow those procedures.

Council Member Kreun stated he would support looking at it again as beginning to meet some of the aesthetic values on the other side of the street, understands Mr. Glassheim's concern, that the criteria was set but this particular lot has been there for a long time and this is first he has heard there are other people interested in it, have had it for sale but this is first time had had a person interested in it, might be others coming down in, but then look to the criteria to see if too restrictive.

Council Christensen stated there is one thing he is concerned about at every level - procedural due process, always been very concerned that there is a review of department heads, of P & Z Commission and advocate that position - don't have a right to petition those that are elected redress, and if everything is correct they deserve the opportunity to have it reviewed and that is why it is going to their committee.

APPROVE BILL LISTING

Vendor Payment Listing No. 10-10, dated May 13, 2010, totaling $1,344,561.05, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Bjerke that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES MAY 3, 2010
Typewritten copies of the minutes of the city council held on Monday, May 3, 2010 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Gershman that the minutes be approved as read. Carried 6 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke stated he would like to have discussion concerning the Alerus and VenuWorks contract for 2007, 2008, 2009 and 2010, asked several months ago and will continue to ask until they have the meeting, the City has put out a memo of what they believe is in the contract, but needs debate on that and some other questions, need to make decision on this and put end to this discussion. Mayor Brown stated that the city auditor turned the numbers in to the attorneys and they are reviewing it. Council Member Gershman stated he met with Mr. Newman today, who is chair of the Commission and he will be giving a presentation June 21 to the city council pertaining to this.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Bakken that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
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Michael R. Brown, Mayor