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June 18, 2007
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 18, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 18, 2007 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, 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 attended the Police Department's annual awards, and thanked the council members, staff and everyone else who were there. Each year get a chance to meet some of the people who are the heroes in the community and this year Chief Packett received the Department's award for his life saving efforts while off duty with his daughter.
First Farmers Market was held this past weekend in Town Square bringing people to town and downtown and the Market will continue throughout the summer into fall.
Also bringing people to town this week was the Soccer Tournament, est. 5,000 people in town for the tournament and are proud of our teams, one in first place and four second place finishes.
Welcome to Ashley Furniture Store to town, beautiful store with 23 employees and welcome them to the community.
Thanked everyone who attended the Summit on Maturing Population last week, about 70 people attended, including council members and esp. Curt Kreun for moderating this effort, our task is to make Grand Forks as prepared as possible for the maturing population.

FINAL PLAT; AND ADOPT ORDINANCE NO. 4190,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AND DEDICATED ON PLAT OF
BRETON'S 2ND SUBDIVISION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Breton's 2nd Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 21, 2007, 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 form the Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Ralph Applegren for final approval of the plat of Breton's 2nd Subdivision, being a part of the Northeast Quarter of Section 3, Township 150 North, Range 51 West, Grand Forks County, ND, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.

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

FINAL PLAT; ADOPT ORDINANCE NO. 4191, AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF MERRIFIELD
INDUSTRIAL PARK SECOND 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 Merrifield Industrial Park Second Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 21, 2007, 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 Jerry Pribula on behalf of Glen Gransberg for final approval of the plat of Merrifield's Industrial Park Second Addition to the city of Grand Forks, ND (located at Country Road 6 and South 55th Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, including a variance from Section 18-0907 (3) (I) relating to access onto a Level 4 roadway, also to include final approval of an ordinance amending the Street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 4192, TO AMEND ZONING MAP
TO INCLUDE WITHIN MERRIFIELD PUD, CONCEPT
DEVELOPMENT PLAN, ALL OF MERRIFIELD INDUSTRIAL
PARK FIRST ADDITION AND ALL OF MERRIFIELD
INDUSTRIAL PARK SECOND 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 I-2 (Heavy Industrial) District, all of Merrifield Industrial Park First Addition and also to exclude from the A-2 (Agricultural Urban Reserve) District, all of Merrifield Industrial Park Second Addition and to include within the Merrifield PUD (Planned Unit Development) Concept Development Plan, all of Merrifield Industrial Park First Addition and all of Merrifield Industrial Park Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 21, 2007 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 called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The staff report from the Planning and Zoning Commission relating to the request from the Grand Forks Planning Department for final approval of an ordinance to amend the zoning map to exclude from the I-2 (Heavy Industrial) District, all of Merrifield Industrial Park First Addition, and also to exclude from the A-2 (Agricultural Urban Reserve) District, all of Merrifield Industrial Park Second Addition, and to include within the Merrifield PUD (Planned Unit Development), Concept Development Plan, all of Merrifield Industrial Park First Addition and all of Merrifield Industrial Park Second Addition, all located in Section 31, Township 151 North, Range 50 West of the Fifth Principal Meridian, 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 Kreun and seconded by Council Member McNamara that this recommendation be approved. Carried 7 votes affirmative.

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

ADOPT ORDINANCE NO. 4193, AMENDING SECTION
18-0206 OF THE CITY CODE RELATAING TO A-1 AND A-2
DISTRICTS RE. DIMENSIONAL STANDARDS

An ordinance entitled "An ordinance amending Section 18-0206 of the Grand Forks City Code relating to A-1 and A-2 districts relating to dimensional standards", which had been introduced and passed on its first reading on May 21, 2007 and upon which public hearing had been 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.

Brad Gengler, city planner, reported that the ordinance had been revised by the Planning and Zoning Commission to include a minimum two and one-half (2 1/2) acre lot rather than a five acre lot in subsection (8) of Section 18-0206 for purposes of separating a farmstead with a habitable dwelling unit.

It was moved by Council Member Christensen and seconded by Council Member Kreun that the ordinance be amended to include the revision, and that the recommendation be approved. Carried 7 votes affirmative.

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

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4194,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
FRANTASTIC ACRES ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota to include the public rights of way shown as dedicated on the plat of Frantastic Acres Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 21, 2007, 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 the request from Pribula Engineering on behalf of Frances L. Bertheuson for final approval of the plat of Frantastic Acres Addition, being a portion of the NE Quarter (NE 1/4) of Section 35 Township 151 North, Range 51 West, Grand Forks County, North Dakota, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, includes a variance from Section 18-0907 (e)(I) relating to access onto a Level 4 roadway, and to include final approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Christensen and seconded by Council Member Glassheim 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER FOR
DEMOLITION OF SUBSTANDARD BUILDINGS AT 505
CHERRY STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard buildings (dwelling and garage) at 505 Cherry Street had been continued until this evening.

Mayor Brown opened the public hearing.

Bev Collings, Inspections, reported that the meeting had been continued in order to give property owner the opportunity to sell the property, however, the potential buyer of the property had decided not to pursue the purchase of the property as he didn't feel he could salvage the home, and recommended proceeding with the demolition of the buildings.

Mayor Brown closed the public hearing.

It was moved by Council Member Gershman and seconded by Council Member McNamara that we find the structures to be substandard as defined by Section 10-0401 of the Grand Forks City Code, subsections (1), (3), (4), (5), (6), (8) and (9), that a final order of demolition be issued, that the cost of repairs is in excess of 50% of the fair market value, and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land which the building stands or did stand. Carried 7 votes affirmative.

AUTHORIZE CHANGE IN TIME OF COUNCIL MEETINGS

The staff report from President Gershman relating to city council meeting time, with recommendation to authorize city council meetings to start at 5:30 p.m.

Several council members stated that they had not had any feedback from citizens but commented that change in council time affects dinner time and family hour for people interested in watching council meetings which would be televised live at 5:30 p.m., that a starting date and ending date should be set, with revisiting at the end of the ending date.

Bobbie Vogel, 2500 14th Avenue South, #11, reported that he talked to several people and they are not in favor of changing the time for council meetings because of meal time, transportation, etc.

Council Member Gershman recommended that we pass the recommendation, that he and the mayor will meet with Rick Duquette to set a start date in the first few weeks in July, ending date will be the end of December, when a final decision will be made. Council Member Christensen seconded the motion.

It was also noted that there should be a compelling reason to make changes, and suggestion that should do for a 3 month trial period as 6 month trial period is too long, with a vote at the end of the ending date

After further discussion and upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Members McNamara and Glassheim voting against the motion. Mayor Brown declared the motion carried.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
SALE OF $1,360,000 MOSQUITO CONTROL RESERVE REVENUE BONDS, SERIES 2007B, AND CALLING FOR THE PUBLIC
SALE THEREOF

The staff report from the director of finance and administrative services, relating to resolution authorizing issuance and sale of $1,360,000 Mosquito Control Reserve Revenue Bonds, Series 2007B, calling for the sale thereof, with recommendation to approve resolution calling for the sale of Mosquito Control Reserve Revenue Bonds, Series 2007B.

It was moved by Council Members Glassheim that this recommendation be approved and introduced the following resolution and moved its adoption: Document No. 9051 - Resolution.

Council Member Glassheim stated that they had a finance/development committee meeting earlier in the week and commended Council Member Christensen for information he presented, many interesting and important questions about the funding of this facility and also commended Mr. Schmisek who responded to the questions, discussion on what is best for the city of Grand Forks, very informative and good meeting, and the conclusion of majority of the committee was given all the financial impacts it made sense to bond the facility, some of the possible proposed additional funds to pay it off in cash turned out not to be available or easily available to us, and the motion is to ahead with the bonding of the facility.

Alan Brundell, 1119 14th Avenue South, asked how they intend to pay for the building, current rental of the building, and what is interest on $1.4 million (rental cost of building plus taxes is about $42,000/year and interest is at 4.2%); that in Disbursement/Receipts from January to December, 06, $684,000 was received and $571,000+ disbursed and last year had one or two city sprayings with balance at the end of the year of $100,000 and this year have 20 or 30 how afford to pay extra.

Don Shields, health department, stated that last year did not do city-wide ground spray because of such dry condition, and put $122,000 back into the equipment and replacement fund. 2005 was an expensive year as spent all of the mosquito control revenue but also spent the $100,00 that had put in there for equipment replacement and depleted the equipment replacement after consulting with finance to cover the expenses in 2005 rather than raising the revenue hoping the two years would balance out. He stated that this year they have done aerial spraying and city-wide ground spraying and it is still very wet out there, and doesn't know what the final tally will be at the end of this year, that they want to balance the years and if have an excess of revenue will turn that back to the citizens by lowering the rates.

It was also noted that last year additional areas were picked up that hadn’t been billed and that will increase the revenue stream - that several areas on the commercial side that were not paying because they did not have water meters and brought forward on a commercial basis as large properties assessed on a sq. ft. basis, and with that additional revenue is how they are paying for the bonding of this facility.

Council Member McNamara commended Council Member Christensen's work, that discussion was interesting and thinks it is time we look at the finance committee to move from a standby committee to a standing committee, but thought that some of the questions were too fundamental and that the committee members would have more detailed knowledge on an on-going basis and thinks a standing committee might plug us in better and offers that depending on the action of the peers to a working session for discussion.

Mr. Brundell stated that if have to have a building for mosquito control doesn't think the place for it is where you have people that are doing training because working with toxic materials and should be in a separate building, that we have a vacant city auditorium and should spend some funds ands remodel that building rather than $1.4 million; that in 2005 costs apparently more than what came in, and 2006 thee was some equipment purchased at $17,000 each, and $2.50 per household doesn't sound like much but where does the City stop, every time you turn around they want another $4 or $3 million for training facilities and couple weeks ago how many million talking about for water - that it goes on and on - and why not start paying the dike off and forget about the other projects for a few years, because what you save in interest could probably pay for those buildings in the future.

Council Member Glassheim asked if contemplated in order to pay off these bonds, we would need to raise the rates or if structured so that paid off within current mosquito control rates. The city auditor reported that it is anticipated that we will pay it off with the rates at they currently stand.

Council Member Gershman stated that the $2.50 fee per household for this program is probably the best investment we are making, that it gave us our summers back and now is a health issue too. This program is probably one of the best in the country, our mosquito control is second to none. Mayor Brown stated that our mosquito control program is the envy of Fargo and Winnipeg, that it is a health issue and is a quality of life issue and important that we address this.

Council Member Christensen stated that when we create a special revenue fund there are restrictions that go with that, reminded that we had created a special revenue fund in February, 2007, when we were contemplating financing, and that we have enterprise funds and once create an enterprise fund or special revenue fund, where activities are funded 50% or more by a fee, have to set that up and account for it separately. He stated he was hoping we could use the extra money if paid for this from mosquito fee to actually pay for the cost associated with the fire department and police department for utilizing that training facility, which wouldn't have impacted the general fund. Some of their discussion was whether some of the money should go into increasing our reserve, $730,000 to increase the reserves and balance to fund 2008 budget items. His position was that we didn't need to pay interest when had money to pay for it, but if collect interest on the money we put in the reserves, that will be an off-set against the money that we will be paying in interest over the years, but it doesn't address the cash flow problem, and that he will continue to challenge the administration and department heads when we come up with proposals for spending, use what we have before we put ourselves further in debt; and called the question.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kreun and upon vote being taken thereon the following voted in favor: Council Members Brooks McNamara, Glassheim, Gershman, Bakken, Kreun - 6; and the following voted against the same: Council Member Christensen - 1; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

APPROVE ISSUANCE OF REVENUE BONDS ON BEHALF
OF ALTRU HEALTH SYSTEM, AND CALL FOR PUBLIC
HEARING

The staff report from the finance department relating to issuance of revenue bonds on behalf of Altru Health Systems, call a public hearing, with recommendation to adopt resolution relating to the issuance of revenue bonds on behalf of Altru Health Systems, and calling a public hearing for July 16, 2007 and approve the memorandum of understanding.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved and the resolution relating to the issuance of Revenue Bonds be adopted: Document No. 9052 - Resolution. Upon call for the question and upon voice vote the motion carried 7 votes affirmative. Carried 7 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings at 2811 Knight Drive #D, 2715 Knight Drive #B and 2719 Knight Drive #B, with recommendation to grant exemptions of increased value for 3 years.

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

INTRODUCE ORDINANCE RELATING TO TECHNICAL
CODE CORRECTIONS

A staff report from the city attorney relating to an ordinance relating to technical code corrections repealing Sections 2-0104, 2-0105, 2-0106 and Article 3 of Chapter II; enacting or re-enacting Sections 2-0104, 2-0105, 2-0201, 2-0301 and 2-0302; and amending Sections 3-0102, 3-0401, 3-0501, 3-0601, 6-0602, 13-0407, 15-0117.1, 18-1201, 21-0205, 18-0301 and 14-0416, with recommendation to give preliminary and final approval to the ordinance.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that this recommendation be approved.

Council Member Gershman asked to be excused from voting on this issue, and it was so moved by Council Members Glassheim and Brooks. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

Council Member Kreun introduced an ordinance entitled "An ordinance relating to technical code corrections repealing Sections 2-0104, 2-0105, 2-0106 and Article 3 of Chapter II; enacting or re-enacting Sections 2-0104, 2-0105, 2-0201, 2-0301 and 2-0302; and amending Sections 3-0102, 3-0401, 3-0501, 3-0602, 13-0407, 15-0117.1, 18-1201, 21-0205, 18-0301, and 14-0416", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY LEASE WITH PARK DISTRTICT
TO RELOCATE SKATE PARK IN LaGRAVE PARK

The staff report from the mayor's office relating to skate park relocation, land lease to Park District, with recommendation to authorize preliminary approval for the Park District to proceed with plans to relocate a skate park in LaGrave Park and request draft lease agreement for later approval.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 6131

The staff report from the engineering department relating to change order for Project No. 6131, 2007 Concrete Panel Replacement Project, with recommendation to approve change order for Project No. 6131, and to retain city engineer authority to approve 10% for change orders from the original bid.
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 7 votes affirmative.

APPROVE ENGINEERING AGREEMENT FOR COMPLETION OF
PROJECT NO. 6101, PROJECT CONCEPT REPORT FOR SOUTH
48TH STREET CONSTRUCTION

The staff report from the engineering department relating to request to proceed with engineering agreement to complete the Project Concept Report for south 48th street construction from 16th Avenue South to 32nd Avenue South, Project No. 6101, with recommendation to direct staff to proceed with hiring CPS Engineering and Land Surveying to complete the Project Concept Report for Project No. 6101, construct South 48th street from 16th Avenue South to 32nd Avenue South, including grading, drainage, street lighting, street paving and other related work.

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

APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5988, DISTRICT
NO. 627

The staff report from the engineering department relating to three-way construction engineering services agreement for Project No. 5988, District No. 627, paving 40th Avenue South from South 20th Street to South Washington Street, with recommendation to approve the three-way agreement with NDDoT and CPS, Ltd. for construction engineering services in the amount of $163,483.00.

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

APPROVE AGREEMENT WITH EAST GRAND FORKS, MN
FOR MAINTENANCE OF PEDESTRIAN BRIDGES, PROJECT
NO. 6183

The staff report from the engineering department relating to agreement with East Grand Forks, MN for maintenance of the pedestrian bridges, Project No. 6138, with recommendation to approve agreement with East Grand Forks, contingent upon review by the city attorney.

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

ACCEPT LOW BID FOR OFFICE FURNITURE FOR
POLICE BUILDING

The staff report from the police department relating to approval of low bid from Norby's Work Perks for office furniture, with recommendation for approval of the low bid submitted in the amount of $31,989.00.

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

AUTHORIZE SALE OF TURTLE RIVER TOWNSHIP
PROPERTY

The staff report from the director of public works relating to Public Works Department - sale of Turtle River Township property, with recommendation for authorization to sell Turtle River Township property, Section 19 and southeast section of Section 18 (approximately 760 acres) based upon review and approval of the city attorney's office and finance administration services department regarding most appropriate means and methods to sell the property.

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

APPROVE CAPITAL IMPROVEMENTS FOR WATER
TREATMENT PLANT, AND AGREEMENT FOR LONG TERM
TECHNOLOGY ALTERNATIVES STUDY

The staff report from the director of public works and water utility superintendent relating to approval of immediate capital improvements plan for the Grand Forks Water Treatment Plant (GFWTP) and agreement for long term technology alternatives study, with recommendation to 1) approve a GFWTP immediate improvements project in the amount of $1,900,000 (2007 dollars over 2-years) to address replacement of components that are at a high risk of failure and would result in GFWTP capacity reduction and present regulatory compliance issues and will be funded from Water Enterprise Fund cash reserves; and 2) approve agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) in the amount of $334,000 for services to complete a long term technology alternatives study for a future GFWTP project.

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

REFER GRAND FORKS RENAISSANCE ZONE PROJECT
GF-42 TO FINANCE/DEVELOPMENT COMMITTEE

The staff report from urban development relating to Grand Forks Renaissance Zone Project GF-42, with recommendation to approve the Renaissance Zone Project GF-42 (rehabilitation of property at 121 North 5th Street - old YWCA building) and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services (DCS) for action.
Council Member Glassheim stated that he was concerned about the density of apartments and location and whether there is sufficient parking, and if Planning and Zoning has seen the project. Mr. Gengler stated this was not a Planning and Zoning Commission item and application for renaissance zone project went directly to the Urban Development Department, that it was noted in the staff report that Mr. Hoover has had communication with the applicant who is going to be reserving the necessary stalls in the parking ramp. Council Member Glassheim stated he is for the housing units downtown but will make parking very difficult around Central High School and not sure if any authority in terms of legal requirements.

Council Member Christensen stated the issue is addressing parking and suggested deferring this for 2 weeks in order to get a better plan on parking.

Council Member Gershman stated there is a need to look at it but was concerned if changing the rules for the developer. Mr. Gengler stated this request is coming out of Urban Development and is not sure of their process in this application; but if there are some questions as to whether or not it is appropriate to approve it, probably not prudent to submit it to the State.

There was some discussion relative to parking spaces for vacant businesses in the area of 121 North 5th Street (for former Social Security building and former telephone company buildings) and perhaps suggest that the developer try to lease some space from those businesses because if start parceling out spaces for tenants because they aren't going to park there.

Council Member Kreun moved to refer this matter to the finance/development standby committee for consideration. Council Member Glassheim seconded the motion. Carried 7 votes affirmative.

DENY REQUEST OF FINAL APPROVAL OF REPLAT OF
LOT F, BLOCK 1, COLUMBIA PARK 10TH ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of BOSOX, Inc. for final approval (fast track) of the Replat of Lot F, Block 1 (of the Replat of Lots B and C, Block 1 of the Replat of Lots 1 and 2, Block 1), Columbia Park 10th Addition to the city of Grand Forks, ND (loc. at 3250 32nd Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

Council Member Kreun reported that the owners because of different circumstances, including parking, are going to withdraw, and moved to deny the request. Council Member Christensen seconded the motion. Carried 7 votes affirmative.

APPROVE FINAL PLAT OF OTS 13, 14 AND 15, BLOCK 1,
HOLES CENTRAL ADDITION

The staff report from Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Greg Chalmers and Eric Toutenhoofd for final approval (fast track) of the replat of Lots 13, 14 and 15, Block 1, Holes Central Addition to the city of Grand Forks, ND (located at 419 and 423 Walnut Street), 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 Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CONDITIONAL USE PERMIT (CUP) FOR
PRIVATE HORSE STABLE AND RIDING ARENA

The staff report from Planning and Zoning Commission relating to request from Arvin Heemstra for approval of a conditional use permit (CUP) for the purpose of constructing a private horse stable and riding arena located at 7173 32nd Avenue South in the NE Quarter of Section 23, T151N, R51W of the Fifth Principal Meridian (Brenna Township), with recommendation

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

APPROVE FINAL PLAT OF STRATA THIRD RESUBDIVISION

The staff report from Planning and Zoning Commission relating to request from James Bradshaw on behalf of Strata Corporation for final approval (fast track) of the Strata Third Resubdivsion, being a replat of Lot B of the Replat of Lots 1 and 2, Strata Resubdivision to the city of Grand Forks, ND (located at 1615 North 36th Street), with recommendation

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

ACCEPT PETITION TO VACATE PORTION OF STREET
R/W FOR LANDS IN NORTHEAST CORNER OF LOT B,
BLOCK 1, SHADYRIDGE ESTATES 5TH RESUBDIVISION

The staff report from Planning and Zoning Commission relating to request from Sunset Bluffs, LLC for approval to vacate a portion of the street right of way only, for lands in the northwest corner of Lot B, Block 1, Shadyridge Estates 5th Resubdivision (located in the southeast corner of Adams Drive and Shadyridge Court; the entire area shall retain its utility easement status; with recommendation to approve the request and set a public hearing date as required by law.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, August 6, 2007. Carried 7 votes affirmative.

ACCEPT PETITION TO VACATE STREET R/W IN
SHADYRIDGE ESTATES THIRD AND SIXTH ADDITIONS

The staff report from Planning and Zoning Commission relating to the request from the City of Grand Forks, ND and others, for approval to vacate street rights of way in Shadyridge Estates Third and Sixth Additions, 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 Glassheim that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, August 6, 2007. Carried 7 votes affirmative.

ACCEPT PETITION TO VACATE R/W FOR GERTRUDE
AVENUE AND DIVISION AVENUE, AND ALLEYWAYS
IN AUDITOR'S RESUBDIVISION NOS. 15, 21 AND 23

The staff report from the Planning and Zoning Commission relating to request from City of Grand Forks, ND for approval to vacate all of Gertrude Avenue right of way northeast of South 3rd Street and all of the Division Avenue right of way northeast of South 3rd Street and alleyways dedicated in Auditor's Resubdivision Numbers 15, 21 and 23, with recommendation to approve the request and to set a public hearing according to law.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, August 6, 2007. Carried 7 votes affirmative.

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

The staff report from the Planning and Zoning Commission relating to the request from Widseth Smith Nolting and Associates, Inc. on behalf of Rick and Kathy Fayette for preliminary approval of the plat of Shady Acres Addition, being a part of the East Half of the SE Quarter of Section32, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, ND (located on Grand Forks County Road No. 17, South Columbia Road), with recommendation to approve preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, including a variance from Section 18-0907 (3)(I) relating to access onto a Level 4 roadway, also to include preliminary action on an ordinance amending the Street and Highway Plan, and to set a public hearing for July 16, 2007.

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

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

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
B THROUGH H, J, K AND L, BLOCK 1, SHADYRIDGE
ESTATES FIFTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Sunset Bluffs, LLC for preliminary approval of the replat of Lots B through H, J, K and L, Block 1, Shadyridge Estates Fifth Resubdivsion to the city of Grand Forks, ND (located at Adams Drive and Shadyridge Court), with recommendation to give preliminary approval to the replat, subject to the conditions shown on or attached to the review copy, and set a public hearing for July 16, 2007.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN SHADYRIDGE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN.
AMENDMENT NO. 3 AREAS LOCATED WITHIN VICINITY
OF ADAMS DRIVE AND SHADYRIDGE COURT

The staff report from Planning and Zoning Commission relating to request from Sunset Bluffs, LLC for preliminary approval of an ordinance to amend the zoning map to exclude from the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment Number 2, and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment Number 3, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Estates Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivsion, Shadyridge Estates Sixth Resubdivision, Shadyridge Seventh Addition, Shadyridge Estates Eighth Resubdivsion, Greenwood Subdivision and unplatted portions of Section 26, Township 151 North, Range 20 West of the Fifth Principal Meridian, all located within the vicinity of Adams Drive and Shadyridge Court, 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 July 16, 2007.

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

Council Member Kreun 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 Shadyridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Shadyridge PUD (Planned Unit Development), concept Development Plan, Amendment No. 3, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Estates Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Estates Fifth Resubdivsion, Shadyridge Estates Sixth Resubdivision, Shadyridge Estates Seventh Addition, Shadyridge Estates Eighth Resubdivision, Greenwood Subdivision and unplatted portions of Section 26, Township 151, Range 50 West of the Fifth Principal Meridian, all located within the vicinity of Adams Drive and Shadyridge Court", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF SHADYRIDGE ESTATES
EIGHTH RESUBDIVISION

The staff report from Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Lavonne Adams and others, including the City of Grand Forks, for preliminary approval of the plat of Shadyridge Estates Eighth Resubdivision to the city of Grand Forks, ND (located on Desiree Drive), with recommendation to give preliminary approval of the plat, subject to conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan, and set a public hearing for July 16, 2007.

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

Council Member Kreun 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 Shadyridge Estates Eighth Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DENY REQUEST FOR APPROVAL OF ORDINANCE TO
AMEND ZONING MAP TO INCLUDE WITHIN DAKOTA
PUD ALL OF LOTS 2, 3, 4, B AND D, BLOCK 1, UNIVERSITY
TECHNOLOGY PARK ADDITION

The staff report from Planning and Zoning Commission relating to request from turning point LLC on behalf of the UND Aerospace Foundation for preliminary approval of an ordinance to amend the zoning map to exclude from the I-2 (Heavy Industrial) District and to include within the Dakota Planned Unit Development (PUD), Concept Development Plan, all of Lots 2, 3, 4, B and D, Block 1, University Technology Park Addition to the city of Grand Forks, ND (located west of Interstate 29 between University Avenue and DeMers Avenue), 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 July 16, 2007.

Council Member Kreun reported there had been lengthy discussion at Planning and Zoning and without more detailed plans of what their intentions are, moved to deny the request and that they come back with a more definite plan because of the implications with residential use in that area. Council Member Christensen seconded the motion. Carried 7 votes affirmative.

INFORMATIONAL ITEM

The Portfolio Management/Summary report as of May 31, 2007 was presented to council for their information.

APPROVE BILL LISTING

Vendor Payment Listing No. 07-12, dated June 15, 2007, and totaling $1,051,595.41 was presented and read.

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

APPROVE MINUTES JUNE 4, 2007

Typewritten copies of the minutes of the city council held on Monday, June 4, 2007 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Brooks that these minutes be approved as read. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Brooks reported that on Saturday he attended the Czech Days in Tabor, MN and that several other council members were also in attendance - great celebration.

2) Council Member Christensen asked the council president to call a meeting of the city council to begin conversations of a budget resolution; that administration has rescheduled the work session to Wednesday, June 27, for preliminary look at the 6-year budget forecast and is in favor - that we have to look at budget revenue but rather need to look at 6-year future expenditures; and asked that we have a working session to get a sense of what the council's appetite is for allocation of funds for spending.

He reported that the finance/development committee will begin having meetings every two weeks, and has asked Mr. Hoover to find some dates and meetings, probably on a Thursday; that it would be a good refresher to have some of these issues before the finance committee - what special revenue funds mean and what they can or can't do and what they have for funds available to allocate to various pet projects - so that they know where the money is and what it has been designated for.

He also suggested that there has been a lot of conversation about various initiatives and various projects, and that it is best to take care of current projects before taking on new projects, and that the first and foremost project for this community is to site a landfill - whether haul to Fargo or Gwinner as that will have some additional costs to those that participate and use our services and they will have to make decisions based upon where it is going to go and what it is going to cost as they will factor that into their decision.

He commended the staff of the water department and public service/safety committee for coming up with some recommendations and we should move on with that.

He suggested if there is something coming up about the future utilization of our wastewater treatment plant, that this council should be briefed on that as soon as possible so they have idea of what consequences would be and when implemented, what the probability is for transmitting a smell from there to here; and what cost would we have to participate in this experiment, how much money out of our Enterprise Fund to review the thoughts and data we get from the East Side re. the level of commitment that would have to make as a community. He stated he is not looking for a 6-year plan but only looking for the next 24 months. He thinks it is important if have extra money, what you use it for - do we spend it or save it and if save it, and what are the consequences - and what projects are there that we should get on and get done with before taking something else on.

3) Council Member Bakken spoke in favor of plan and to look to 6 years and determine spending needs.

4) Council Member Kreun stated they have a consistent service/safety meeting date, that is the Tuesday after the council meeting, and as read minutes of their committee, that there is a long range plan and a plan for the landfill and how to handle it; a plan that came forward to the council for the water treatment plant, and through that process will get all the information before any money is spent or even advised on transferring smell, which won't happen because we won't do it if that is the case; will bring the money issues to this council before any is spent if doing any research and before this point in time it hasn't taken any of our monies out of our Enterprise Funds, and will bring that forward as go through the process on these large issues and continue to deal with them in our committee, then to committee of the whole and to city council .

He noted that the soccer tournament that was in town, and had an opportunity to visit a couple of the fields - and was asked why there wasn't parking on the soccer fields - and explained that was an issue brought forward by the City to have parking, better transportation lanes and in wisdom of the School District and the Park District indicated that they didn't need it - and that is an issue that has to be brought forward by the Park District and the School District.

5) Council Member Gershman reported they have received a letter from the Grand Forks County concerning the new legislation that was passed that will reduce the amount of time to pay property taxes and waive the penalty and interest charges, and that would have a significant impact on the City, and asked that this be referred to the finance/development standby committee for discussion.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor