Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 19, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 19, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; absent: none; Council Member Hamerlik reported present later in the meeting through teleconference.
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:
That Council Members Gershman, Brooks, Glassheim, he and Mr. Duquette went to a fundraiser in Warren, MN this evening for the mayor of Warren, Dick Nelson. who is battling cancer, to show their support for Mayor Nelson and our best to him and his family during this trying time.
He attended the Socks for Kids this past Saturday at K-Mart and they had raised $47,000 locally for 403 children and Lions Club of Arvilla gave $1,000 and all the rest was raised by small contributions, and thanked organizers
That on Saturday night there were 1300 Scouts from places as far away as Williston, Dickinson at the Ralph Engelstad Arena who attended a camp-over and sleep-over at The Betty and thanks to scout leaders and The Ralph for their help.
This weekend he competed with Mayor Stauss for Salvation Army and thanked the people who gave $169 to his bucket versus $149 for Mayor Stauss' bucket, and thanked everyone who contributed and everyone in this community for their giving during this Christmas holiday.
HOLD PUBLIC HEARING AND APPROVE APPLICATION
BY RICHARD P. STADTER PSYCHIATRIC CENTER, LLC
FOR FIVE YEAR PROPERTY TAX EXEMPTION
The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given to the public that the city council would meet this evening to consider the application of Richard P. Stadter Psychiatric Center, LLC, 1451 44th Avenue South, for a five-year declining property tax exemption of the property taxes to the Richard P. Stadter psychiatric Center, L.L.C. expansion consisting of a 30,000 sq.ft., single story hospital building built according to state codes and requirements to be located on Lot 2, Block 1, Stadter Resubdivision to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, and further that no protests or grievances had been filed with his office.
Mayor Brown opened the public hearing and asked anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.
It was moved by Council Member Kerian and seconded by Council Member Kreun that the City of Grand Forks grant the request for an abatement of the real property taxes to be levied and assessed against the Richard P. Stadter Psychiatric Center, L.L.C project for a period of five years on a declining exemption on the property expansion; 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year and 20% for the fifth year.
Upon roll call vote the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT ORDINANCE NO. 4105, RELATING TO SIGNS
AND NON-CONFORMING SIGNS
An ordinance entitled "An ordinance amending sections 18-0301 and 18-0410 of the city of Grand Forks City Code relating to signs and non-conforming signs", which had been introduced and passed on its first reading on October 17, 2005, and public hearing had been continued until this evening.
The staff report from the Planning and Zoning Commission relating to the request from the Planning Department on behalf of the sign subcommittee of the Planning and Zoning Commission for final approval of an ordinance amending Sections 18-0301 and 18-0410 of the Grand Forks Land Development Code relating to signs and non-conforming signs, with recommendation to give final approval to the ordinance.
Mayor Brown opened the public hearing, there were no comments from the audience and the public hearing was closed.
Mr. Gengler and Mr. Swanson walked through the ordinance to summarize all the changes that have been made since the last time it went through the Planning and Zoning Commission process.
Mr. Gengler stated one question that remains re. discussing the matter with other staff may need to change some of the language "upon approval by the city engineer and upon written affirmation", would like to change that to reflect approval by the sign subcommittee and that can be in conjunction with the city engineer or not. Mr. Swanson recommended against that as this particular provision deals with right of way, the intent of why the city engineer is being consulted is so the city engineer can determine whether that structure will interfere with any utilities, either above ground or below ground, and that is a standard we've used throughout a number of different places, this has been redrafted to incorporate comments made by Council Members Christensen and Kreun and also from the Planning and Zoning committee to identify that they cannot extend into a street or an alley but the intent and reason why it was chosen to be the public engineer was to make an engineering determination as to whether there is interference, otherwise the presumption is that it will be allowed in there unless the city engineer finds some type of inconsistency.
Mr. Gengler stated some changes since the last version may have been received under Special Education Signs, (3) (CC) one point referred to the specific number of 90 signs, which has been eliminated because the 90 signs is already being referred to in a couple paragraphs prior to that.
Mr. Gengler stated the last change of significance that they need to address is the non-conforming section starting on pages 24-25 and is a last minute revision, that they did clarify the intent of the entire non-conforming section and previous version indicated that all signs to be listed in code as non-conforming can either be reconstructed and/or relocated by the year 2016, and that language was included but was not the intent of the sign subcommittee to do that, therefore, they have taken that sentence out; and that if there is an existing sign somewhere that would otherwise be non-conforming, this ordinance would not cause the removal of that particular sign. He stated they will be listing in Code, that at first thought they would itemize each and every sign in the Code that is non-conforming, that they did the inventory and came up with some numbers, presently there are 86 signs total within the city and city's actual territorial zoning jurisdiction, of which approximately 72 of them would be considered non-conforming for one reason or another or multiple reasons, and that they are going to create a map, official outdoor advertising map to be held and maintained by the Planning Department, and having a physical representation of the sign locations based off of GPS coordinates into GIS system and think that will be much more efficient tool to use, especially for the longevity of it, and would recommend having that particular section changed.
Mr. Swanson pointed out several other changes on page 20, subdivision [C] has been clarified, there was confusion, now signs in an I-1 or I-2 zone are 672 sq. ft. and that was a correction that was recommended following the Planning and Zoning committee meeting. On page 21 (G)(2) has been modified from an earlier draft - signs located adjacent to the Interstate 29 in a PUD have to be no farther than 100 feet from the edge of that right of way; earlier the draft measured from the center of the right of way. On page 24, subsection (H) now specifically authorizes that signs are allowed in an A-1 or A-2 (Agricultural Zone) on unplatted property. On page 26, section 18-0301.1 previously was established as a variance provision, that recommendation following Planning and Zoning has been changed to an appeal process and that appeal will actually be heard by the city council following recommendation by the Planning and Zoning.
Mr. Swanson stated if inclined to adopt this draft with the language on the non-conforming signs and to incorporate the map created by the planning or engineering department, the appropriate motion would be to move final approval adopting draft 8 dated December 19, 2005 with the modification of including the sign for non-conforming signs.
It was moved by Council Member Gershman and seconded by Council Member Kreun to move final approval adopting draft 8 dated December 19, 2005 with the modification of including the sign for non-conforming signs.
Council Member Glassheim stated the former version of the ordinance stated that "..off-premise signs" going from 1,000 ft. to 500 ft. and asked if that allows more signs or more clutter and why not retain the 1,000 feet.
Mr. Gengler stated they have to look at different ways of spacing vs. number, this ordinance establishes a cap of 90 signs to be located within the city and the city's extra-territorial jurisdiction, there are now 86 and if talking quantity overall only 4 are to be allowed to reach that max, and what the 500 ft. spacing is doing would be to allow the sign company or owner to perhaps relocate an existing sign, that there are several in the intersection of DeMers and Washington and the way the ordinance is now written, one could take a particular sign from there and perhaps either move it out of the area or to a different location, and would be what your version is of clutter vs. non-clutter. Council Member Glassheim stated you could take signs away from low traffic areas and put them close together in high traffic areas and a sign every 1,000 ft.is less dense and cluttered than a sign every 500 ft.
COUNCIL MEMBER HAMERLIK PRESENT
Council Member Gershman questioned Terms of Permit and Revocation, and asked length of time for permit. Mr. Swanson stated no change from existing Code, and Mr. Gershman stated he would like that looked at; and questioned Proof of Insurance and Hold Harmless agreement for signs on public right of way, and asked why so stringent - $500,000 for bodily injury and $100,000 property damage. Mr. Swanson stated there is no change from existing Code and believes these numbers are consistent with what is required for other types of insurance, etc. He stated $500,000 bodily injury is not an excessive amount.
After further discussion it was moved by Council Member Brooks and seconded by Council Member Gershman to amend insurance requirement for bodily injury to $250,000.
Mr. Swanson stated that he would not recommend that they reduce the personal injury coverage, property coverage may be high at $100,000, but that the loss of an eye will be at or above $500,000 to settle the case, the loss of a limb, etc. but no problem reducing the property damage but has concerns on personal injury.
Council Member Brooks and Gershman withdrew their motion.
Council Member Gershman moved an amendment to lower the property damage to $50,000; Council Member Glassheim seconded the motion.
Upon call for the question on the amendment and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman - 4; voting "nay": Council Members Christiansen, Kerian, Kreun - 3. Mayor Brown declared the amendment approved.
Council Member Glassheim stated to lower distance between signs from 1,000 ft. to 500 ft. will create density of signage along our most used corridors, and moved to return that to 1,000 ft. Council Member Kerian seconded the amendment.
After discussion and upon voice vote the motion failed, Council Member Glassheim voted for the amendment and 6 voted against the motion.
Upon call for the question on adoption of the ordinance as amended, and upon voice vote, the motion carried 7 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET & HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF HIGHLAND POINT FIRST ADDITION TO
JANUARY 17, 2006
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Highland Point First addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 21, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration.
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.
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development for final approval of the plat of Highland Point First Addition to the city of Grand Forks, North Dakota (located in the northeast corner of 40th avenue South and South 19th Street), with recommendation to table final approval to the plat and the ordinance amending the Street and Highway Plan and continue the public hearing until January 17, 2006.
It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the recommendation and continue until January 17, 2006. Carried 7 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO REZONE AND INCLUDE WITHIN
HIGHLAND POINT PUD (PLANNED UNIT DEVELOPMENT)
CONCEPT DEVELOPMENT PLAN, ALL OF HIGHLAND POINT \ FIRST ADDITION UNTIL JANUARY 17, 2006
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and to include within the Highland Point PUD (Planned Unit Development), Concept Development Plan, all of Highland Point First Addition", which had been introduced and passed on its first reading on November 21, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration.
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.
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Crary Development for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) District the A-2 (Agricultural Reserve) District and the B-3 (General Business) District and to include within the Highland Point PUD (Planned Unit Development), concept Development Plan, all of Highland Point First Addition to the city of Grand Forks, North Dakota, and also to include unplatted lands lying in Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian (all located between South Washington Street and South 20th Street, and between 36th Avenue South and 40th Avenue South), with recommendation to table the ordinance and continue the public hearing until January 17, 2006.
It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the recommendation and continue the public hearing until January 17, 2006. Carried 7 votes affirmative. .
ADOPT ORDINANCE NO. 4106, TO AMEND ZONING
MAP TO INCLUDE WITHIN DANKS PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF
DANKS ADDITION AND DANKS 2ND RESUBDIVSION,
AND UNPLATTED LAND
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from the Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Danks Addition and Danks 2nd Resubdivision to the city of Grand Forks, North Dakota and also include unplatted land lying in the Northeast Quarter of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on November 21, 2005, and upon which public hearing had been scheduled for this evening.
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.
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 Danks PUD (Planned Unit Development0, Concept Development Plan, Amendment No. 1, and to include within the Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Danks Addition and Danks 2nd Resubdivision to the city of Grand Forks, ND and also to include unplatted land lying in the Northeast Quarter of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian, (all located between DeMers Avenue and 17th Avenue South extended and between South 42nd Street and I-29 right of way), 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 Gershman 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4107, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOW AS DEDICATED ON THE REPLAT OF LOT 1,
BLOCK 2, COLUMBIA PARK 22ND 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 Replat of Lot 1, Block 2, Columbia Park 22nd Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 17, 2005, and upon which public hearing had been continued until this evening, was presented and read.
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 Steve Adams on behalf of Art Greenberg for the approval of an ordinance amending the Street and Highway Plan for the Replat of Lot 1, Block 2, Columbia Park 22nd Addition to the city of Grand Forks, North Dakota (located in the 3500 block of South 42nd Street), with recommendation to give final approval of the ordinance.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO ANNEX ALL THAT PART OF THE SW
QUARTER OF NE QUARTER OF SECTION 21, T151N, R50W
OF THE 5TH P.M. UNTIL JANUARY 17, 2006
An ordinance entitled "An ordinance to annex all that part of the Southwest Quarter of the Northeast Quarter of section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian, city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 21, 2005 and upon which public hearing had been scheduled for this evening, was presented and read.
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.
It was moved by Council Member Gershman and seconded by Council Member Kreun that public hearing and second reading of the ordinance be continued until January 17, 2006. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 4108, RELATING TO
GENERAL CONTRACTORS
An ordinance entitled "An ordinance adopting Article 29 of Chapter XXI of the Grand Forks City Code relating to general contractors", which had been introduced and passed on its first reading on December 5, 2005, was presented and read for consideration on second reading and final passage.
Mayor Brown asked if there were any comments; there were none.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4109, RELATING TO
PERFORMANCE BOND REQUIREMENT
An ordinance entitled "An ordinance amending Section 19-0103 of the Grand Forks City Code relating to performance bond required", which had been introduced and passed on its first reading on December 5, 2005, was presented and read for consideration on second reading and final passage.
Mayor Brown asked if there were any comments; there were none.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4110, RELATING TO STORM
SEWER, FLOOD PROTECTION, AND GREENWAY
SERVICE CHARGES
An ordinance entitled "An ordinance repealing and re-enacting Section 15-0117.1 of the Grand Forks City Code relating to storm sewer, flood protection, and greenway service charges", which had been introduced and passed on its first reading on December 5, 2005, was presented and read for consideration on second reading and final passage.
Mayor Brown asked if there were any comments; there were none.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
DENY APPLICATION FOR ABATEMENT OF 2005 TAXES
AT 1609 2ND AVENUE NORTH
The staff report from the city assessor relating to application for abatement for 2005 taxes by Dudley and Corinne Benson, 1609 2nd Avenue North, with recommendation to the Board of County Commissioners that application be denied and the value of $120,600 be upheld.
Council Member Gershman stated that based on the information that we have had and this has gone through the normal process, moved to deny this request; and that we adopt the findings, conclusions and recommendations as prepared by the city attorney; seconded by Council Member Christensen. Carried 7 votes affirmative.
APPROVE APPLICATION FROM THE TOASTED FROG, LLC
FOR CLASS 1 ALCOHOLIC BEVERAGE LICENSE AT 124
NORTH 3RD STREET
The staff report from the city auditor relating to application for Class 1 (General On and Off Sale Alcoholic Beverage) license from the Toasted Frog, LLC, 124 North 3rd Street, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.
It was moved by Council Member Glassheim and seconded by Council Member Brooks that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Glassheim and seconded by Council Member Brooks. Carried 6 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.
APPROVE AMENDMENT TO SPECIAL ASSESSMENT
DISTRICT, PROJECT NO. 5703, PAVING DISTRICT NO. 608.1
The staff report from the engineering department relating to amendment of special assessment district for Project No. 5703, District No. 608.1, with recommendation to approve amendment to the special assessment district to include area from Cherry Street to Belmont Road.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and the resolution creating the special assessment district be amended and adopted - Document No. 8788 - Resolution. Upon roll call the following voted "ay": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
APPROVE 2006-2011 URBAN AND REGIONAL PROGRAM
PROJECT REQUEST TO NDDoT
The staff report from the engineering department relating to 2006-2011 Urban and Regional Program Project request to ND Department of Transportation, with recommendation to approve funding request revisions for construction year 2006, and approve federal aid projects for construction years 2007 to 2011.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE 2006 SALARY PLAN UPDATE
The staff report from the director of human resources relating to 2006 salary plan update, with recommendation to approve the 2006 Salary Plan as annually updated per Section 6-0302(1) Salary Plan Adoption.
Daryl Hovland, HR Director, stated he would like to add one more correction to the proposal he made last week to the salary plan, has met with Mr. Duquette and the city auditor regarding the renewed emphasis for our budget process and would like to propose to eliminate an accountant from finance and add one accountant senior, this will cost about $4,700.00 of the $63,000.00 that was saved in the proposals he brought forward last week, still savings of 2006 salary plan of about $59,000.
It was moved by Council Member Kerian to approve the 2006 salary plan update, Council Member Gershman seconded the motion. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE BUDGET AMENDMENTS
The staff report from the police department relating to budget amendment, with recommendation to bring unused Department of Justice Block Grant #8 funds into the 2005 budget from cash carryover and add interest earned in 2005 in the total amount of $32,652.83.
The staff report from the police department relating to budget amendment in the amount of 406,652.76 to recognize additional Department of Justice Weapons of Mass Destruction grant revenue awarded after budget process.
The staff report from the police department relating to budget amendment in the amount of $100,000.00 recognizing Department of Homeland Security Buffer Zone Protection Plan grant award A04057-001-2005 BZPP funds into the 2005 budget.
The staff report from the director of public works relating to Central Garage budget amendment, with recommendation to approve the budget amendment in the amount of $105,870.00.
The staff report from the administrative coordinator relating to budget amendment for Planning Department, to approve contract in the amount of $60,183.00.
The staff report from the director of urban development relating to budget amendment request re. Cirrus expansion loan proceeds and corresponding expenses, $3,550,000.00.
The staff report from the engineering department relating to budget amendment request to Waterworks Fund in the amount of $142,680.00 to transfer water share of watermain special assessment projects.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the budget amendment request be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE CHEMICAL BIDS FOR WATER TREATMENT
PLANT
The staff report from the water utility superintendent relating to 2006 chemical bid approval for water treatment plant, with recommendation to approve recommended bids per summary.
The bid of Stiles Chemical was late due to a UPS bid delivery error.
Howard Swanson, city attorney, stated if they were inclined to open the bid they would need to adopt the findings identified in his memorandum, act upon the findings and the motion to open the bid, the bid would have to be opened, read, compared to other bids and would have to act either tonight or at a later date on which bid to accept; and it is his opinion that the City has the discretion to find that the late submittal of the bid is a minor irregularity and to waive the same.
Council Member Gershman moved the motion to open the bid based upon those findings:
1) That the specifications for the bid reserved the City's right and discretion to waive informalities and
minor irregularities;
2) That the bid was provided to a courier in sufficient time for the timely delivery of the bid to the City;
3) That the courier failed to make timely delivery of the bid due to no fault of the bidder;
4) That during the time the bid was in the possession of the courier the bidder had no opportunity to alter
its bid;
5) That the bidder is a responsible bidder capable of meeting the specifications of the bid;
6) That the late delivery of the bid was not a product of fraud, bad faith or other impropriety on the part
of the bidder;
7) That the bidder has no other deviations from the specifications and the bid is otherwise valid;
8) That the bidder received no competitive advantage or other benefit by the result of the late bid;
9) That no prejudice or competitive disadvantage was suffered by any other bidder due to the late receipt
of the bid;
10) That the opening of the bid is in the best interest of the City by opening and considering multiple bids
and the determination of the lowest and best bid from all responsible submitting bidders.
11) That the receipt and consideration of the late bid will not relieve the bidder of any obligations under
the bid or contract if awarded to the late bidder nor does it deprive the City of any assurances of the
bid, bid security or assurances of contract performance.
The motion was seconded by Council Member Kerian.
Council Member Christensen asked if the specifications say that the City reserves the right and has the discretion to waive informalities and minor irregularities. Ms. Sletten, water utility superintendent, stated to the best of her knowledge that is included in the bid specifications but did not bring a copy with her.
Council Member Christensen moved an amendment to the motion that we incorporate findings 2) through 11) from the city attorney and if the specifications say what stated in 1), that will become our last finding. Council Member Gershman seconded the motion. Carried 7 votes affirmative.
Upon call for the question on the motion as amended and upon voice vote, the motion carried 7 votes affirmative.
The city auditor opened the bid of Pristine Hydro Chemical and read the bid as follows: the bid on the polyphosphate is $0.6050/per lb.
Ms. Sletten stated that at the committee of the whole meeting she presented information from Calciquest that they did meet the criteria because their plastic liner was sewed into the bag and did not have the buffer compound that is in the Nalco product and could defer to Calciquest which is then the lower bid of $0.565
Council Member Gershman moved that the City accept all the bids including the bid of Calciquest for polyphosphate at $0.565 per lb.; Council Member Kreun seconded the motion.
Council Member Brooks stated he would like staff to come back and bring answers to this; and moved to hold the bid of polyphosphate until the next meeting of the council. Council Member Christensen seconded the motion. Carried 7 votes affirmative.
Upon call for the question on the motion for acceptance of all the bids for chemicals with the exception of the bid for polyphosphate. Carried 7 votes affirmative.
HOLD APPOINTMENTS TO PLANNING & ZONING COMMISSION
The staff report from Mayor Brown relating to appointment to Grand Forks City Planning & Zoning Commission with recommendation to confirm reappointment of Sheryl Smith, Tom Hagness and Paula Lee, at large representatives; and Curt Kreun, city council representative to the Planning and Zoning Commission for five-year terms.
Mayor Brown asked for a motion to hold general public representatives until January 24, 2006, and asked for letters of interest by or on behalf of citizens, and needs names, letters and some type of resume to the mayor's office by January 10, and also for the Downtown Design Review Board, the Events Center Commission and the Special Assessment Commission. The motion was moved by Council Member Brooks and seconded by Council Member Kreun to hold the appointments. Carried 7 votes affirmative.
INTRODUCE ORDINANCE AUTHORIZING POLICE
DEPARTMENT ENFORCEMENT OF ORDINANCES
The staff report from the city attorney relating to ordinance authorizing police department enforcement of ordinances, with recommendation for consideration of preliminary and final approval of ordinance authorizing police department enforcement of adopted ordinances.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance adopting Section 5-0108 of the Grand Forks City Code relating to authority to enforce ordinances", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE ENACTING ARTICLE 6 OF
CHAPTER XXI OF THE GRAND FORKS CITY CODE
RELATING TO RESIDENTIAL RENTAL LICENSES
The staff report from the city attorney relating to ordinance enacting residential rental licenses, with recommendation to give preliminary approval and introduce ordinance establishing residential rental licenses.
The following individuals appeared and spoke in opposition to the licensing of rental units:
Robert Maxon, 1117 29th Avenue South
Phil Vanyo, 18553 440th Avenue SW, East Grand Forks
Ross Weiler, 701 North 3rd Street
Mike Grzadzieleski, 821 Cherry Street
Council Member Christensen stated that proposed annual fee is $20 per unit for single family and duplexes to cover the administrative cost but have learned as result of this process that maybe we are understaffed, that there is a section of the Code 19-0116 which deals with certificate of occupancy for leased premises required, and perhaps the time has come so that we have to have our certificates of occupancies renewed within a certain period and require them paying a little more so have staff to make sure these properties are inspected and comply with our Code. He stated that the certificate of occupancy doesn't get the information that this licensing requirement is after. He stated it might be a staffing problem for inspections and have been told we have 10,000 rental units in Grand Forks ands each unit at $20.00 would be reasonable and generate sufficient revenue to cover the administration of this license.
Council Member Kreun stated in answer to question why duplexes at this time - that there are regulations for the larger complexes - parking regulations, etc. and not regulations for duplexes.
Council Member Gershman stated this goes over the whole community and don't have a lot of problems with owner occupied in other areas of the community, and moved to include under Exemptions, 21-0604, to put owner occupied homes under the exemptions. Council Member Christensen seconded the motion.
Council Member Christensen stated that as this is an extensive ordinance suggested that they go through the ordinance article by article because didn't have the opportunity to go through it as a committee and also have some drafting issues.
Council Member Hamerlik stated concerns about interpretation of owner occupied - that owner on title not actually living there but his son/daughter living there and bring in friends of theirs and same problem. Mr. Swanson stated by terms of the draft ordinance the definition of owner is the individual(s) in possession of lawful title and the records as maintained by the Grand Forks County Recorder's Office is conclusive evidence, and under examples if the owner lives in another area but has a son or daughter residing in the house, that would not be owner occupied; if there are multiple owners on the title and one of the multiple owners is residing there, that would be an owner occupied premise.
Bev Collings, Inspections, stated when they certify an owner occupied duplex, they don't go into the owner's unit nor certify owner's unit, and not going to charge the individual living in their own home a license fee but only for the rented unit and that was to get the information in place; and only way would be is if they share any services for the safety of the tenant. She also noted that if an owner has a child living in a place, the only way they would consider it owner occupied if it is just that child living there; that if have anybody living with them they have to get unit certified.
Upon call for the question on the motion relating to 21-0604 exemption for owner occupied properties and upon roll call vote the following voted "aye": Council Member Gershman; voting "nay": Council Members Christensen, Kerian, Kreun, Brooks, Hamerlik, Glassheim - 6. Mayor Brown declared the motion defeated.
In reviewing the ordinance enacting Article 6 of Chapter XXI of the Grand Forks City Code relating to residential rental licenses:
Section 21-0605 Application for License. There were no comments
Section 21-0606 Agent/Local Property Manager Required.
Mr. Swanson stated that last week it was suggested that this might violate State law, specifically Chapter 43-23, that he has reviewed that and in his opinion it does not, that State law Chapter 43-23 identifies a property manager as one who has the authority to list and rent premises as well as to collect and hold monies, that under this provision the only authority that this agent/local property manager has is to receive notice, and is of the opinion that there is no concern with State law under this provision.
Section 21-0607 Fees
Council Member Brooks moved that the annual for the license be $20.00 per unit. Council Member Kreun seconded the motion.
Mr. Swanson stated that whatever fee is determined will only be applied to those rental units that are one or two units; that it does not apply to those that are exempt from the licensing requirement. Council Member Christensen asked that "per rental unit" be included after $20.00 per unit; and Council Members Brooks and Kreun accepted that as part of the motion.