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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 19, 2008

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 19, 2008, at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Glassheim, Gershman, Christensen, Bakken, Kreun - 5; absent: none; Ward 1 vacant.

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:
Congratulations to organizers of Filling the Gap Snowball who raised $2500 last week for the Filling the Gap Program to help those battling cancer.
Congratulations to Jay Cooley of Red River for his championship, and also the pair of champions from Hillsboro, Anthony vonReuden and Andrew Grothman.
Congratulations to all the hockey teams in town for the EDC this weekend and good luck to everyone in the state tournament.

COUNCIL MEMBER McNAMARA REPORTED PRESENT

APPOINT BILL HUTCHINSON AS COUNCIL MEMBER
TO FILL UNEXPIRED TERM OF COUNCIL MEMBER BROOKS

Council Member Gershman stated that he was impressed with the candidates that stepped forward for this position and was real testimony to Mr. Brooks that the number of people and quality of people that stepped forward to take his place for the interim. He stated that he has read the resumes and came down on the side of Bill Hutchison because the others are well qualified but Mr. Hutchison does have experience in a governmental entity and is important where only have three plus months that somebody can come in for Ward 1. He thanked the other individuals, and moved to appoint Bill Hutchison as council member to fill the unexpired term of Council Member Brooks. Council Member McNamara seconded the motion.

Council Member McNamara stated that along with serving on the Park District is a member of the Planning and Zoning Commission and with his knowledge it won't take him long to contribute; and echoed Mr. Gershman's comments that after having gone through all the resumes, it wouldn't have been a bad decision should they have picked anyone of the candidates.

Council Member Kreun noted that there is more than Park District and Planning and Zoning, that Mr. Hutchison is also on the Land Use Committee, Park Dedication Committee which is part of city process when property is annexed into the city, and those things are important, and concurred in the appointment.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE APPLICATIONS FOR EXEMPTION OF RE-
MODELING IMPROVEMENTS TO VARIOUS BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to a residential or commercial buildings as follows: 1116 North 5th Street, 5515 University Avenue, 1711 6th Avenue North, 510 Campbell Drive, 1820 University Avenue, 715 North 3rd Street, 1327 Chestnut Street, 1412 Chestnut Street, 2820 17th Avenue South, 17 Fenton Avenue, 3521 Cherry Street, 1203 Shakespeare Road, 1810 12th Avenue North, and 710 South 18th Street; with recommendation to grant exemptions of increased value for three (3) years.

It was moved by C0uncil Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE BALLOT LANGUAGE FOR PUBLICATION
OF MINUTES AND CHECKS IN JUNE 10, 2008 ELECTION

The staff report from the city auditor relating to ballot language of publication of minutes and checks, with recommendation to approve the language for the June 10, 2008 election.

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

APPROVE TRANSFER OF CLASS I GENERAL ON- AND
OFF-SALE LIQUOR AND BEER LICENSE TO E.C.GRILL, INC.

The staff report from the city attorney relating to transfer of Class 1 General On- and Off-sale Liquor and Beer License from PR Waind Company to E.C. Grill, Inc., with recommendation to approve the transfer of the Class 1 alcoholic beverage license without imposition of transfer fee pursuant to Grand Forks City Code Section 21-0201(15)(b) and/or (d).

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

APPROVE AMENDMENT TO AGREEMENT WITH NDDoT
FOR STREETS IN DOWNTOWN AREA

The staff report from the engineering department relating to amendment to the Cost Participation, Construction and Maintenance Agreement UFA with the North Dakota Department of Transportation for streets in the downtown area, with recommendation to approve amendment to the agreement and direct staff to prepare and implement striping and signing plans.

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

APPROVE AMENMDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 6037, RESIDUALS
STORAGE PONDS SLUDGE REMOVAL AND DISPOSAL

The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Advanced Engineering for Project No. 6037, Residuals Storage Ponds Sludge Removal and Disposal, with recommendation to approve Amendment No. 1 with Advanced Engineering in the amount of $34,700.00.

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6296, WATER TREATMENT PLANT LONG-
TERM RESIDUALS MANAGEMENT FACILITY PLAN

The staff report from the engineering department relating to engineering services agreement for Project
No. 6296, Water Treatment Plant (WTP) Long-Term Residuals Management Facility Plan, with recommendation to approve agreement with Advanced Engineering for Study ands Report Phase Professional Services in the amount of $82,900.00.

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

AWARD BID FOR PROJECT NO. 6190, RED LAKE
RIVER INTAKE DEMOLITION

The staff report from the engineering department relating to bids for Project Nos. 6190, Red Lake River Intake Demolition located in East Grand Forks, MN for the City of Grand Forks, ND, with recommendation to award contract to the low, responsive bidder, Tony Anderson Construction, Inc. in the amount of $36,800.00, and to return the bid and bid bond of Landwehr Construction, Inc.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREE MENT FOR PROJECT NO. 5955, LANDFILL BUILDING
RELOCATION

The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Webster, Foster & Weston for Project No. 5955, Landfill Building Relocation, with recommendation to approve Amendment Nos. 1 with Webster, Foster & Weston in the amount of $12,229.00.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPPROVE APPOINTMENTS TO VARIOUS COMMITTEES
AND COMMISSIONS

The staff report from Mayor Brown relating to appointment to the Convention and Visitors Bureau, with recommendation to confirm the reappointment of Jennifer Rucinski to the Convention and Visitors Bureau for a three-year term.

The staff report from Mayor Brown relating to appointment to Emergency Management Board, with recommendation to approve reappointment of Curt Kreun as the city council representative on the Emergency Management Board for a one-year term.

The staff report from Mayor Brown relating to Grand Forks Public Library Board appointment, with recommendation to confirm the reappointment of Susan Mickelson and the appointment of Kristin (Kay) Powell to the Grand Forks Public Library Board for a term of three years each.

The staff report from Mayor Brown relating to appointment to MPO Executive Policy Committee, with recommendation to confirm the reappointment of Art Bakken as one of the city council representatives on the MPO Executive Policy Committee.

The staff report from Mayor Brown relating to Pension and Insurance Committee appointment, with recommendation to confirm the reappointment of Mike McNamara to a three-year term to the Pension and Insurance Committee.

The staff report from Mayor Brown relating to appointment to Grand Forks City Planning and Zoning Commission, with recommendation to confirm reappointment of Gary Malm, at large representative and Doug Christensen, city council representative, for five-year terms; and the appointment of Dana Sande, at large representative to fill the unexpired term of Robert Kweit to expire October 20, 2008 to the Grand Forks Planning and Zoning Commission.

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

APPROVE FUNDING FOR ALTERNATE SITE FOR PSAP
AT PUBIC SAFETY TRAINING CENTER AND BUDGET
AMENDMENT

The staff report from director of PSAP relating to approval of $15,000 of PSAP funding for wiring of the Emergency Alternative PSAP site, with recommendation to approve the use of $15,000 PSAP funding to wire new training site for an emergency alternative PSAP.

The staff report from the police department relating to budget amendment, with recommendation to bring North Dakota Department of Emergency Services FY06 Law Enforcement Terrorism Prevention Grant funds and PSAP funding into the current 2008 budget.

It was moved by Council Member Bakken and seconded by Council Member Kreun that these recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE AGREMENT FOR ENGINEERING SERVICES
FOR PCCP FORCEMAIN INSPECTION TECHNOLOGY
SELECTION STUDY

The staff report from the director of public works relating to engineering service agreement with Advanced Engineering for PCCP Forcemain Inspection Technology Selection Study, with recommendation for approval of the agreement between City of Grand Forks and Advanced Engineering for professional services in the not to exceed amount of $62,000.00 for the PCCP Forcemain Inspection Technology Selection Study, subject to city attorney's final review and approval.

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

APPROVE LANDFILL SERVICES PLAN AND
RECOMMENDATIONS

The staff report from the director of public works relating to landfill services and recommendations as follows as recommended by the Grand Forks City Council Service/Safety Standby Committee on February 5, 2008:
*Interim Municipal Solid Waste (MSW) Transport and Disposal Plan - Based on results of Request for Proposal #2006-40-Solid Waste Transport and/or Disposal dated October 11, 2006 finalize an agreement with Waste Management, Inc. (Gwinner Landfill) for MSW disposal of approximately 100 and 200 tons per day beginning on October 1, 2008 or some date specified later. Based on results of Request for Proposal #2006-40-Solid Waste Transport and/or Disposal dated October 11, 2006 finalize an agreement with Gibson Transfer, Inc. for MSW transport of approximately 200 tons per day (total) beginning on October 1, 2008 or some date specified later to the Gwinner Landfill and the City of Fargo Landfill. Based on Fargo City Commission action of August 13, 2007, the City will finalize an agreement with the City of Fargo for up to and approximately 35,000 tons per year (100 tons per day). Final terms and conditions of all agreements will be reviewed and approved by the City Attorney's Office.
*Request authorization from the North Dakota Department of Health, Federal Aviation Administration (FAA) and the Grand Forks International Airport to extend the existing MSW landfill permit from October 1, 2008 to the date that the new East-West Runway is completed and operational contingent upon conditions described in letters to the FAA et al. dated January 18, 2008 and January 23, 2008 and to provide no harm to the East-West Runway Project at the grand Forks International Airport.
*Authorize the Public Works Department to retrofit one of the existing MSW balers with an EnviroBale TM bag system in the amount of $99,000.00 contingent upon a positive recommendation from a site visit the week of February 4, 2008 and based upon a proposal from EnviroBale TM dated January 21, 2008.
*Select East Half of Rye Township Section 13 as the landfill site to proceed to permitting. East Half of Rye Township 13 is selected based on North Dakota Department of Health (NDDH) Preapplication results, Burns & McDonnell Engineering Company, Inc. review and recommendation, and Public Works Department review and recommendation. The selection is contingent on FAA approval of the East Half of Rye Township 13 as a landfill site and concurrence of the USDA Wildlife Services recommendation regarding the City of Grand Forks (City) can meet the objective of operating a MSW landfill in the stated sections of Rye and Falconer Townships without undue hazards to aircraft utilizing Grand Forks Inter-national Airport.
*Authorize the City with the assistance of the City Attorney's Office to enter into negotiations to purchase a site option with the property owner(s) of Rye Township 13 for the purpose of constructing and operating a MSW disposal facility.
*Approve the concept of the City of Grand Forks Municipal Solid Waste Good Neighbor Policy Guide Regarding Rye Township Section 13 Landfill Site.
*Authorize Burns & McDonnell Engineering Company, Inc. and needed subconsultants to proceed with appropriate North Dakota Department of Health (NDDH) permitting and landfill design requirements under an agreement not to exceed amount of $650,000 with review and approval of the City Attorney's Office.
*Authorize the use of Water Enterprise Fund cash funds for interim financing for the new landfill permitting process, to include the engineering study and plans, purchase of land options, nearby and adjacent occupied residential property owner mitigation and potential buyouts, and other new landfill related expenses. The Water Enterprise Fund cash funds will be reimbursed, once a new landfill project is fully developed and defined, with Sanitation Revenue Bond or other financing proceeds related to the entire new landfill project.

Council Member Kreun reported that last week when Mr. Feland gave his presentation they reviewed this in more detail in the Service/Safety Committee and the items that he asked to be looked are the points that they want to bring forward and would like a vote at one time because they are a package as one affects the other, and moved to approve the Landfill Services Plan including recommendations. Council Member Bakken seconded the motion.

Council Member Glassheim stated he was impressed with the staff report and that the Good Neighbor Policy and should add one item to the policy, i.e. "..that on request of the director of public works will be available to meet monthly with the supervisors of Rye and Falconer Townships to review progress and hear their concerns." Council Member Christensen seconded the motion.

After some discussion Council Member McNamara stated that the County should also be at that table, that if meeting with townships that are outside the city limits that certainly the County ought to be invited to participate in the meetings just to make sure that they have the same information that townships have, and if Council Member Kreun would amend his motion to extend an invitation to the County would offer that. Mr. Kreun stated that they would send information to the County to see if they would want to participate when the township requests meeting with Mr. Feland, that they get the same information at the same time and if they so choose they are welcome and would invite them each time but that it is Mr. Glassheim's intent that it is affecting the township and that they are the ones that they should be the ones calling the meeting, and Mr. Feland would inform the County at the same time so they could attend if they so desire and give them the agenda.

Council Member Kreun moved to amend Council Member Glassheim's motion to include informing the County at any given time.

After some discussion Council Member Glassheim stated that County officials receive an agenda, and accepted that as a friendly amendment to his motion.

Upon call for the question of Mr. Glassheim's motion to amend and upon voice vote the motion carried 6 votes affirmative.

Council Member Christensen stated that item 13 in the Good Neighbor Policy says City will improve and maintain any necessary roadways, and item 18 that the City will make payments in lieu of taxes as the City will have 640 acres, and that we are adopting a resolution but are adding ongoing expenses to the City and doesn't know which are the necessary roadways and if maintenance is gravel, pavement, number of miles, that we will have to maintain the roads in and out of the landfill.

Mr. Kreun stated part of it could be Hwy. 81 and there are some other transportation roads that could be better and would facilitate heavier loads, would behoove us to maintain those at higher level to save us some money rather than making a longer trip, and that is why we wanted to take a look at those options to see which is the most economical, most feasible. Mr. Christensen stated imposing something on a future council and have no idea what it is going to cost nor know which roads are, didn't think it was appropriate to do that until know what you are going to do, and that the issue of paying Township property taxes; Mr. Kreun stated this is not an additional cost because we are paying taxes on the property in Turtle River Township and as we sell that property and reduce it, so it is not an additional cost, but a cost.

Council Member Christensen stated this will be our land and doesn't believe that they will be able to tax our land, and the issue really is how much money is the township foregoing as a result of having 640 acres taken out of the township, township has 6 square miles, and that it is okay as long as you understand that is what payment you will continue to pay and will add to the cost of citizen's garbage - have already added $3.50 per ton with the plastic bags, and have an incremental cost in the plastic bags going up also, plus you've lost 20% of your users so before adding additional costs find out what it is going to cost and then go forward.

Mr. Feland stated re. the road network, his intent was that the State maintains certain roadways and there are certain County roadways that are currently maintained by the County and the City of Grand Forks is a member of both those two groups, that once off the current road network there maybe is a half mile or so where you may be on a township road or road that is not as well maintained, and his intent was that if we are going to put a use on a certain road that is not currently availing itself to our use that we would make sure that we are not damaging anything, and maybe that was pretty general for the record that was what he was trying to do. He also stated re. payment in lieu of taxes his intent was that the Township is currently taxing that property and that we would make a payment in lieu of their tax, and their concern was that we were going to take something off and that they are already struggling to pay the County to maintain the roads and that we would not want to take any money away from the township tax base. Mr. Christensen stated that based on Mr. Feland's clarification he would move to amend No. 13 to say that the City will improve and maintain any necessary roadways which are currently maintained by the township and not the county or state. He stated that what they are saying is that we are going to affect the township roads because of what we are doing, and that we are going to take over that burden so that they don't have to take and use their money for that. Mr. Feland stated he wanted to cause no undue harm onto the township by this. Mr. Christensen stated that the City would approve and maintain any roadways currently maintained by the township. Mr. Feland stated we should say to insert necessary township roadways, include township after necessary. Council Member Glassheim seconded the motion.

Council Member Kreun stated that when indicating that the bagging system will cost more, not necessarily true, there are savings on the other end and potentially it could be a savings, esp. in the bird control mitigation and all those issues and wanted to make that clear and that we are paying the taxes to the township or county in Turtle River Township, payment in lieu of taxes. Mr. Feland stated that currently we are paying the Turtle River Township, that we own 760 acres, and approx. $4,000/year in property taxes; and that Mr. Swanson is finishing up some of the plans and specs. and sale of property will be advertised in March, at same time looking at purchasing. Mr. Kreun stated that the taxes that we would be paying in lieu of in Rye Twp. will not be an increase of what we have been doing.

Howard Swanson, city attorney, stated the sale of the property in Turtle River Township, that the property will be advertised as early as next week for sale, is bidding process and bid opening is third week of March.

Upon call for the question on the motion of adding necessary township roads, and upon voice vote, the motion carried 6 votes affirmative.

Council Member Christensen stated that item 18 of the Good Neighbor Policy will state that the City will continue to make payment of township taxes to Rye Township. Mr. Feland stated they will continue to make payment in lieu of taxes to Rye Township that would be levied against the property, that it is currently being taxes at a certain level.

Upon call for the question on the original motion, as amended, and upon roll call the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried. .

ADOPT RESOLUTION TO ANNEX TO THE CITY OF GRAND
FORKS ALL OF LOT 2, BLOCK 1, PRAIRIE POWER ADDITION
AND ALL OF BURLINGTON NORTHERN SANTA FE RAILWAY
COMPANY LANDS LYING EAST OF AND CONTIGUOUS TO
LOT 2, BLOCK 1, PRAIRIE POWER ADDITION

The staff report from the Planning and Zoning Commission relating to matter of request from Minnkota Power Cooperative, Inc. for approval of a resolution to annex all of Lot 2, Block 1, Prairie Power Addition and all of Burlington Northern Santa Fe Railway Company lands lying east of and contiguous to Lot 2, Block 1, Prairie Power Addition to the city of Grand Forks, ND (located at South 58th Street between 11th Avenue South and 17th Avenue South), with recommendation to give preliminary approval of the resolution and set a public hearing date as required by law.

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

Council Member Bakken introduced the following resolution of annexation which was presented and read: Document No. 9134 - Resolution.

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON PLAT OF KORYNTA-LEMM 4TH
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Violet Theis and Pierce, Inc. for preliminary approval of plat of Korynta-Lemm 4th Resub-division to the city of Grand Forks, ND (located at Gateway Drive and North 48th Street), with recommendation to give 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 schedule a public hearing for March 17, 2008.

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

Council Member Gershman 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 Korynta-Lemm 4th Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE UTILITY EASEMENT
LYING WITHIN LOT B, BLOCK A, KORYNTA-LEMM
SUBDIVISION

The staff report from the Planning and Zoning Commission relating to petition from Violet Theis for approval to vacate a 20-foot utility easement lying within Lot B, Block A, Korynta-Lemm Subdivision, with recommendation to approve the petition and set a public hearing date as prescribed by law.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation is hereby 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, Monday, April 7, 2008. Carried 6 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX LOT 5, BLOCK
1, KORYNTA-LEMM 4TH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Violet Theis for approval of an ordinance to annex all of Lot 5, Block 1, Korynta-Lemm 4th Resubdivision to the city of Grand Forks, North Dakota (located at Gateway 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 Kreun that this recommendation be approved, and that the public hearing be set for March 3, 2008. Carried 6 votes affirmative.

Council Member Gershman introduced an ordinance entitled "An ordinance to annex Lot 5, Block 1, Korynta-Lemm 4th Resubdivision to the city of Grand Forks, ND", 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 PLAT OF AUDITOR'S RESUB-
DIVISION NO. 43
The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the City of Grand Forks for preliminary approval of the plat of Auditor's Resub-division No. 43 to the city of Grand Forks, ND (located at North 3rd Street between DeMers Avenue and Gateway Drive), the request also includes a variance to the Land Development Code to Section 18-0907(1)(C) relating to an easily interpreted scale and Section 18-0907(1)(L) relating to elevation contours, with recommendation to give preliminary approval of 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 set a public hearing for March 17, 2008. The request also includes variances to the Land Development Code to Section 18-0907(1)(C) relating to an easily interpreted scale and Section 18-0907(1)(L) relating to elevation contours.

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

Council Member Gershman 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 Auditor's Resubdivision No. 43, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE UTILITY EASEMENTS,
ALLEYWAYS, STREET R/W, BIKE PATH AND BIKEWAY
EASEMENTS AND FLOOD CONTROL EASEMENTS LOCATED
IN ST. ANNE'S RESUBDIVISION, BALTIC FIRST RESUB-
DIVISION, AUDITOR'S RESUBDIVISION NO. 17 AND
AUDITOR'S RESUBDIVISION NO. 13

The staff report from the Planning and Zoning Commission relating to petition from Advanced Engineering on behalf of the city of Grand Forks for approval to vacate utility easements, alleyways, street rights of way, a bike path and bikeway easements and flood control easements located in Saint Anne's Resubdivision, Baltic First Resubdivision, Auditor's Resubdivision No. 17 and Auditor's Resub- division No. 13, 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 Bakken and seconded by Council Member Kreun that this recommendation is hereby 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, Monday, April 7, 2008. Carried 6 votes affirmative.

APPROVE PRELIMINARY PLAT OF AUDITOR'S RESUB-
DIVISION No. 44

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the city of Grand Forks for preliminary approval of the plat of Auditor's Resubdivision No. 44 to the city of Grand Forks, ND (located east of Olson Drive and Elmwood Drive from 25th Avenue South to 32nd Avenue South). The request also includes a variance to the Land Development Code Section 18-0907(1)(L) with regards to elevation contours; with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, and also to include a variance to the Land Development Code Section 18-0907(1)(L).
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE UTILITY EASEMENTS
ALONG REAR LINE OF LOT E. BLOCK 4 OF REPLAT OF
LOTS 2 AND 3, BLOCK 4, FLAAT'S ADDITION

The staff report from the Planning and Zoning Commission relating to petition from Advanced Engineering on behalf of the city of Grand Forks for approval to vacate a 20-foot wide utility easement along the rear line of Lot E, Block 4 of a Replat of Lots 2 and 3 in Block 4, Flaats Addition to the city of Grand Forks, ND, 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 Kreun that this recommendation is hereby 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, Monday, April 7, 2008. Carried 6 votes affirmative.

APPROVE PRELIMINARY PLAT OF REPLAT OF
SUNBEAM SIXTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the city of Grand Forks for preliminary approval of the Replat of Sunbeam Sixth Resubdivision to the city of Grand Forks, ND (located at Northridge Hills Court to 47th Avenue South along the Red River), which recommendation to give preliminary approval of the replat, subject to the conditions shown on or attached to he review copy, and also to include a variance from Section 18-0907(1)(L) relating to contour elevations.

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

ACCEPT PETITION TO VACATE VARIOUS BIKEWAY,
PEDESTRIAN, DRAINAGE, SIDEWALK AND UTILITY
EASEMENTS LYING WITHIN BLOCKS H, 16, F AND W,
SUNBEAM ADDITION

The staff report from the Planning and Zoning Commission relating to petition from Advanced Engineering on behalf of the city of Grand Forks, ND for approval to vacate various bikeway, pedestrian, drainage, sidewalk and utility easements lying within Blocks H, 16, F and W of Sunbeam Addition, 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 Bakken and seconded by Council Member Kreun that this recommendation is hereby 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, Monday, April 7, 2008. Carried 6 votes affirmative.

INFORMATIONAL ITEMS

The Statement of Portfolio Management/Summary as of January 31, 2008, was presented and read.

APPROVE BILL LISTING

Vendor Payment Listing No. 08-04, dated February 15, 2008, totaling $1,135,074.74 was presented and read.

It was moved by Council Member Bakken 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 McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES FEBRUARY 4, 2008

Typewritten copies of the minutes of the city council held on Monday, February 4, 2008, were presented and read. It was moved by Council Member Gershman and seconded by Council Member Bakken that these minutes be approved as read. Carried 6 votes affirmative.

ADJOURN

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

Respectfully submitted,


Candi Stjern
Acting City Auditor

Approved:
________________________________
Michael R. Brown, Mayor