June 17, 2019

PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, June 17, 2019

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 17, 2019 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Weigel, Dachtler, Weber, Mock, Marshall, Vein - 6; absent: Sande - 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’S ANNOUNCEMENT

Mayor Brown commented on the following: • Great job that Public Works does for the community with the yard waste program. • Reminded everyone with it being the summer season to drive safely and keep children and bicyclists in mind. • Congratulated Tiffany Boespflug on being named North Dakota Health Worker of the Year. • Encouraged all interested to attend the Cheap Trick concert at the this evening. • First Farmers Market of the year was held this past Saturday and went well in its new temporary location on N 4th Street across from City Hall. Thanks to Global Friends for their participation in the programming.

UPDATE – WASTEWATER TREATMENT PLANT UV DISINFECTION PROJECT

Melanie Parvey, Water Works Director, gave a brief presentation on the project including the history and work done to date.

EMPLOYEE RECOGNITION

Mayor Brown recognized the following city employees celebrating employment milestones: • Melanie Parvey, Water Works, 20 years • Darin Johnson, Police Department, 15 years • Stacy Ferdon, Wastewater Treatment, 15 years • Tim Ward, Assessing, 5 years • Rick Hajicek, Police, 5 years • Doug Stern, Fire, 30 years • Nicole Shjerve, PSAP, 20 years. • Delray Huot, Fire, 15 years • Jennifer Wolf-Kara, Police, 5 years • Heidi Hillebrand, PSAP, 5 years • Miranda Olson, Fire, 5 years

June 17, 2019

ADOPT ORDINANCE NO. 4722, RELATING TO UND SIGN OVERLAY DISTRICT

An ordinance entitled “An ordinance repealing Section 18-0301 (11) of the Grand Forks City Code relating to signs in the U-D (University) District and adoption of 18-0301 (11) of the Grand Forks City Code relating to signs in the University of North Dakota Sign Overlay District”, which had been introduced and passed on its first reading on May 20, 2019 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.

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

The staff report from the planning department relating to final approval of an ordinance to amend the sign code as it relates to the University of North Dakota Sign Overlay District, with a recommendation to give final approval of the request from the planning department and the University of North Dakota for final approval of an ordinance repealing Section 18-0301 (11) of the Grand Forks City Code relating to signs in the U-D (University) District and adoption of Section 18-0301 (11) relating to signs in the University of North Dakota Sign Overlay District.

It was moved by Council Member Vein and seconded by Council Member Marshall that this recommendation be approved and the ordinance adopted. Upon call for the question, the following voted “aye”: Weigel, Dachtler, Weber, Mock, Marshall, Vein – 6; voting “nay”: none. Mayor Brown declared the motion passed and the ordinance adopted.

APPROVE RENAISSANCE ZONE PROJECT GF-61: THE ARGYLE

The staff report from the community development department and the city administrator relating to Renaissance Zone Project GF-61: The Argyle, 323 DeMers Avenue, with recommendation to approve the Renaissance Zone Project GF-61 contingent on receipt of Certificate of Good Standing and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services for action.

Todd Feland, City Administrator, provided information on the project which is a proposed mixed use five story building which will have commercial on the main level, JLG Corporate offices on the second level, and market rate apartments on the third to fifth floors apartment units. The current proposal does not include a skyway connection to the parking ramp, but that may be brought back at a future meeting. Groundbreaking is expected next year.

It was moved by Council Member Weber and seconded by Council Member Vein that this recommendation be approved. Motion carried unanimously.

June 17, 2019

APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – BRICK & BARLEY, DUELING PIANOS, JUNE 28, 2019

The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for Brick & Barley, Dueling Duo Piano Show, June 28, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – BRICK & BARLEY, JOHNNY HOLMES, JULY 25, 2019

The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for Brick & Barley, Johnny Holmes, July 25, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – BRICK & BARLEY, KEM SHRINERS “ROCKIN THE FORKS”, SEPTEMBER 13, 2019

The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for Brick & Barley, Kem Shriners, Rockin the Forks, September 13, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – EL ROCO, 2019 HB GREENWAY TAKEOVER, SEPTEMBER 5-8, 2019

The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for El Roco, 2019 HB Sound Greenway Takeover, September 5-8, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

June 17, 2019

INRTODUCE ORDINACE TO AMEND SECTION 21-0205 (III) (CLASS 8.2 AND 8.3) RELATING TO ALERUS CENTER AND ALCOHOLIC BEVERAGES

The staff report from the finance department relating to a request from RE Arena, Inc., dba Ralph Engelstad Arena, for a modification in their Class 8.3 Alcoholic Beverage License, with a recommendation to review the request to all the holder of a Class 8.3 Alcoholic Beverage License to obtain a Class 11 Special or Limited License for sponsored events only, and further if the City Council is in favor of the change, to consider making the same change for the Class 8.2 Alerus Center Alcoholic Beverage License to keep both facilities equivalent, to give preliminary approval of the ordinance and schedule a public hearing for July 1.

The council discussed the concern of bringing alcohol into other sports events such as youth tournaments and also competition other liquor license holders and perhaps if there was a way to narrow the scope of what type of events would be eligible.

Casey Nureen, owner of Kelly’s Bar, addressed the council and share his concern with more competition for catering, however he was not concerned with an expansion to include campus and university related events.

It was moved by Council Member Marshall and seconded by Council Member Dachtler to amend the ordinance to limit the events to those held at the Chester Fritz Auditorium or Empire Arts Center.

The council discussed the intent of the request, which is to bring more events to the community that they are taking a financial risk on and are new and would otherwise not occur, not to compete for other routine events such as wedding dances, etc. The overall concern was still present about potential for more exposure to alcohol for youth at events in the community.

Upon call for the question on the amendment to limit the Class 11 ability to the Empire Arts Center and Chester Fritz Auditorium, the following voted “aye”: Dachtler, Weber, Mock, Marshall, Vein – 5; voting “nay”: Weigel - 1. Mayor Brown declared the motion passed and the ordinance amended.

It was moved by Council Member Vein and seconded by Council Member Marshall to approve the ordinance as amended. Upon call for the question, the following voted “aye”: Dachtler, Weber, Mock, Marshall, Vein – 5; voting “nay”: Weigel – 1. Mayor Brown declared the motion passed.

Council Member Vein introduced an ordinance entitled “An ordinance amending Section 21-0205 (III) (Class 8.2 and 8.3) of the Grand Forks City Code relating to Alerus Center Alcoholic Beverages and Ralph Engelstad Arena Alcoholic Beverages”, which was presented, read and passed on its first reading.

TABLE PUBLIC ARTWORK AGREEMENT FOR “NORTHERN ROSE” SCULPTURE

The staff report from the city administrator and city planner relating to Public Arts Commission (PAC) – Public Artwork Agreement for the “Northern Rose” sculpture, with a recommendation to authorize staff to work with the City Attorney’s Office to prepare the agreement between the Public Arts Commission (PAC) and the City for the installation of public artwork (Northern Rose) on City owned property located

June 17, 2019 on Lot 3, Block 1, Dansk Second Resubdivision, (Alerus Center/Canad Inns Complex), subject to final review and approval of the city attorney.

Brad Gengler, City Planner, stated that staff is still working on this project and finalizing plans for ongoing maintenance of the sculpture and other factors that need to be included in the agreement and asked that this item be tabled to the July 1 City Council meeting.

It was moved by Council Member Weber and seconded by Council Member Mock to table this item to the July 1, 2019 City Council meeting. Motion carried unanimously.

APPROVE APPOINTMENT TO GRAND FORKS BOARD OF HEALTH

The staff report from the health department relating to appointment to the Grand Forks Board of Health, with a recommendation to confirm the reappointment of Jeannie Mock and Grant Korsmo to the Board of Health.

It was moved by Council Member Weber and seconded by Council Member Weigel to reappoint Jeannie Mock, representing the City Council and Grant Korsmo, representing the public at large each to a five- year term expiring July 31, 2024 on the Board of Health. Motion carried unanimously.

APPROVE APPOINTMENTS AND REAPPOINTMENTS TO THE BOARD OF ADJUSTMENT COMMITTEE, BOARD OF APPEALS COMMITTEE, AND MECHANICAL BOARD

The staff report from the mayor relating to appointment and reappointments to the Board of Appeals, Board of Adjustments, and Mechanical Board, with a recommendation to reappoint Kent Anderson, Lynn Vreeland, Stacey Kemp and Mark Peterson to the Board of Adjustment Committee; appoint Alicia Fadley and Steve Johnson to the Board of Appeals Committee; and Appoint Derrick Lunski and reappoint Dick Anderson to the Mechanical Board, with all being 3 year terms expiring June 2022.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 7907, DISTRICT NO. 756

The city engineer’s estimate of total cost for Project No. 7907, District No. 756 in the amount of $919,257.74 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 7907, District No. 723, Paving and Street Lighting for Opportunity Park 1st Resubdivision, with a recommendation to approve the plans and specifications.

Council Member Weber introduced a resolution to approve the plans and specifications, which was presented and read.

June 17, 2019

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved and a resolution approving plans and specifications be adopted. Motion carried unanimously. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 7540, DISTRICT NO. 567

The city engineer’s estimate of total cost of the construction of storm sewer, storm pond, pump station and discharge ditch for Project No. 7540, District No. 567 in the amount of $2,738,658.75 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 7540, District No. 567, Oscarville Storm Sewer, Storm Pond, Pump Station, and Discharge Ditch, with a recommendation to approve the plans and specifications.

Council Member Weber introduced a resolution to approve the plans and specifications, which was presented and read.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved and a resolution approving plans and specifications be adopted. Motion carried unanimously.

APPROVE CLEAN WATER STATE REVOLVING LOAN APPLICATION FOR PROJECT NO. 8067

The staff report from the water works director relating to Clean Water State Revolving Loan Application for Project No. 8067, with a recommendation to authorize city administrator to make application, execute necessary documents, and request funds form the Clean Water State Revolving Fund in the amount of $1,424,171 for Project No. 8067, 2019 WWTP Improvements to Chemical Room, MBD Recycle Pump Header Piping and Bypass Piping.

Council Member Weber introduced a resolution to authorize proceeding with application.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved and a resolution authorizing staff to proceed with the application be adopted. Motion carried unanimously.

INTRODUCE ORDINANCE TO ANNEX PORTIONS OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 17, TOWNSHIP 151 NORTH, RANGE 50 WEST, OF THE 5TH PRINCIPAL MERIDIAN AND APPROVE ANNEXATION AGREEMENT

The staff report from the planning department relating to an ordinance to annex portions of west ½ of the northwest ¼ of Section 17, Range 50 West, of the 5th Principal Meridian to the City of Grand Forks, ND, located at 2051 S 42nd St, also to include an annexation agreement, with a recommendation to approval the request from Terry and Susan Rieger for approval of an ordinance to annex all that part of the West ½ of the northwest ¼ of Section 17, Range 50 West, of the 5th Principal Meridian, County of Grand Forks,

June 17, 2019

described as follows: Beginning at a point on the west line of said Section 17, which is 1,280 feet south of the Northwest corner of said Section 17; thence east 664.5 feet; thence south 332 feet; thence west 664.5 feet to the west line of said Section 17; thence north, along said line, 332 feet to the point of beginning, except any lands previously annexed, containing 4.3 acres, more or less and also to approve an annexation agreement and to set a public hearing for July 15.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

Council Member Vein introduced an ordinance entitled “An ordinance To annex all that part of the W ½ NW ¼ of Sec. 17, TWP. 151 N, Range 50 W, 5th PM, County of Grand Forks, State of North Dakota, according to the United States Government Survey thereof described as follows: Beginning at a point on the West line of said Sec. 17, which is 1280 feet South of the Northwest corner of said Sec. 17; thence East 664.5 feet; thence South 332 feet; thence West 664.5 feet to the West line of said Sec. 17; thence North, along said West line, 332 feet to the point of beginning. Except any lands previously annexed, containing 4.3 acres, more or less. (332 x 564.5)”, which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE 45TH AVE S, BETWEEN SOUTH 20TH STREET AND THE VACATED 19TH STREET LYING WITHIN SOUTHERN ESTATES FIRST ADDITION

The staff report from the planning department relating to approval to vacate 45th Ave South, between South 20th Street and the vacated South 19th Street lying within Southern Estates First Addition, with a recommendation to approve the request from the Grand Forks Park District to vacate 45th Ave South, between South 20th Street and the vacated South 19th Street lying within Southern Estates First Addition and to set a public hearing for August 5, 2019.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved and the public hearing be set for August 5, 2019. Motion carried unanimously.

ACCEPT PETITION TO VACATE UTILITY EASEMENT WITHIN LOT G, BLOCK 1, COLUMBIA PARK 22ND ADDITION

The staff report from the planning department relating to approval to vacate the utility easement within Lot G, Block 1, Columbia Park 22nd Addition, located at 4575 32nd Ave South, with a recommendation to approve the request from the City of Grand Forks to vacate a 20-foot wide utility easement across lands now platted as Lot G, Block 1, of the Replat of Lot A, Block 1, of a Replat of Lot 1, Block 1, Columbia Park 22nd Addition to the City of Grand Forks, North Dakota, as shown on the attached map, which is made a part hereof, and to set a public hearing for August 5, 2019 on the request.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved and the public hearing be set for August 5, 2019. Motion carried unanimously.

June 17, 2019

FINAL APPROVAL (FAST TRACK) OF REPLAT OF LOT 3, BLOCK 1, NSP & PILLSBURY INDUSTRIAL PARK RESUBDIVISION

The staff report from the planning department relating to the Replat of Lot 3, Block 1, NSP & Pillsbury Industrial Park Resubdivision, with a recommendation to give final approval of the replat of Lot 3, Block 1, NSP & Pillsbury Industrial park Resubdivision located at the corner of Mill Road and 27th Avenue North, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

ACCEPT PETITION TO VACATE PUBLIC R/W AND UTILITY EASEMENT LOCATED ON LOT A & B, BLOCK 1, MOLSTAD’S SECOND ADDITION

The staff report from the planning department relating to approval to vacate a portion of 16th Avenue North and a 10-foot utility easement adjacent thereto, Molstad’s Addition and Molstad’s Second Addition, 4403 and 4386 16th Avenue North, with a recommendation to approve the request to vacate parts of the dedicated public right of way and 10 foot utility easement adjacent thereto lying North of the North line of 16th Avenue North Circle and its northerly extension, originally platted as a cul-de-sac with Molstad’s and Molstad’s Second Additions to the City of Grand forks, North Dakota, containing 10,549 Square Feet more or less, and to set a public hearing for August 5, 2019 on the request.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved and the public hearing be set for August 5, 2019. Motion carried unanimously.

APPROVE APPEAL TO THE SIGN CODE FOR TEMPORARY SIGNAGE ON CENTRAL AND CORPORATE PARKING RAMPS

The staff report from the planning department relating to a sign appeal for temporary signage on Central and Corporate Parking Ramps, with a recommendation to approve the request from the community development department for approval of an appeal to the sign code as provided for in Section 18-0301.1 Appeals, of the Grand Forks Land Development Code, more specifically the appeal is to allow temporary display of a sign on the Central and Corporate Parking Ramps located at 415 1st Avenue North and 55 S 5th Street.

It was moved by Council member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

PRELIMINARY APPROVAL OF THE PLAT OF GORNOWICZ SECOND RESUBDIVISION

The staff report from the planning department relating to preliminary approval of the plat of Gornowicz Second Resubdivision, with a recommendation to give preliminary approval of the request from Pribula Engineering, on behalf of Greg Opp Family Limited Partnership and Highway 2 West Land Holdings, for

June 17, 2019

preliminary approval of the plat of Gornowicz Second Resubdivision to the City of Grand Forks, ND, located at 4324 and 4386 16th Avenue North, subject to the conditions shown on or attached to the review copy, and set a public hearing for July 15, 2019.

It was moved by Weber and seconded by Weigel that this recommendation be approved. Motion carried unanimously.

INTRODUCE ORDINANCE TO AMEND THE STREET AND HIGHWAY PLAN TO DEDICATE R/W ON THE PLAT OF ADAMS ADDITION AND GIVE PRELIMINARY APPROVAL OF THE PLAT

The staff report form the planning department relating to preliminary approval of the plat of Adams Addition located along 27th Avenue North and west of N 39th Street, with a recommendation to give preliminary approval of the request from Ronald Adams for preliminary approval of the plat of Adams Addition to the City of Grand Forks, ND, located in the 3900 block of 27th Avenue North, subject to the conditions shown on or attached to the review copy, also to include preliminary approval of the Street and Highway Ordinance, and set a public hearing for July 15, 2019.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

Council Member Vein 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 Adams Addition to the City of Grand Forks, North Dakota.”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN JR’S PUD (PLANNED UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3, FOR ALL OF SOUTHERN ESTATES EIGHTH RESUBDIVISION, SOUTHERN ESTATES NINTH ADDITION, SOUTHERN ESTATES TENTH ADDITION, AND SOUTHERN ESTATED ELEVENTH ADDITION

The staff report from the planning department relating to preliminary approval of JR’s PUD Amendment No. 3, located on South 25th Street between Star Avenue and 43rd Avenue South, with a recommendation to give preliminary approval of the request from CPS on behalf of Guy Useldinger, for an ordinance amending the zoning map, JR’s PUD Amendment No. 3, lot coverage increases on 45th Ave S from 34th Street South to 30th Street South, and that City Council give preliminary approval of the request subject to the conditions shown on or attached to the review copy and set a public hearing for July 15, 2019.

It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously.

Council Member Vein introduced an ordinance entitled “An ordinance to amend the zoning map of the City of Grand Forks, North Dakota, to rezone and exclude from JR’s PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within JR’s PUD (Planned Unit

June 17, 2019

Development), Concept Development Plan, Amendment No. 3, for all of Southern Estates Eighth Resubdivision, Southern Estates Ninth Addition, Southern Estates Tenth Addition, and Southern Estates Eleventh Addition to the City of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INFORMATION ITEMS

The following item was presented for Council’s information: • Investment Portfolio Management Summary as of May 31, 2019

APPROVE BILL LISTING

Vendor Payment Listing 19-12, dated June 17, 2019 totaling $1,234,195.73, and was presented and read.

It was moved by Council Member Marshall and seconded by Council Member Vein 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 Weigel, Dachtler, Weber, Mock, Marshall, Vein – 6; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES - MARCH 4, 2019

Typewritten copies of the minutes of the City Council meeting held on March 4, 2019 were presented and read. It was moved by Council Member Weber and seconded by Council Member Weigel that these minutes be approved as read. Motion carried unanimously.

CITY ADMINISTRATOR COMMENTS

Todd Feland, City Administrator, provided August 12, 2019 at 6:00 p.m. after the Committee of the Whole meeting as a tentative date for the joint meeting with the Grand Forks School Board. Topics of discussion will include growth and development areas of the community.

MAYOR AND COUNCIL MEMBER COMMENTS

Council Member Weber commented that he came across an old article featuring Melanie Parvey and her work with start of the dog parks in Lincoln Park and commended her for her efforts.

Council Member Vein commented that he took a tour of the new water treatment plant and commended staff and contractors on the work that they have put in on the project.

June 17, 2019

ADJOURN

It was moved by Council Member Marshall and seconded by Council Member Marshall that we adjourn at 6:20 p.m. Motion carried unanimously.

Respectfully submitted,

Emily Fossen, Special Assessment Coordinator, For the City Auditor

Approved: ______Michael R. Brown, Mayor

June 17, 2019

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