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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 22, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 22, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; absent: none.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown reminded everybody that Dave Barry is in town and would like to make him feel welcome, and would like to encourage the public to attend the events that are planned, ie., lift station dedication and the potluck supper at Sacred Heart and should be good times for everyone. He thanked the Grand Cities Committee who was putting this together and paying for this. He read a proclamation relating to Dave Barry Day, January 23, 2002.

Mayor Brown wished everyone in the Frosty Bobber tournament good luck and extended a warm welcome for all the participants and to make them feel welcome.

Mayor Brown proposed a capital improvements progam committee to be appointed by him in early February, this group will consist of the mayor, 5 city council members and the president of the Planning and Zoning Commission, that he will chair the committee, and as they transition to a 7-member council it is important that we begin to coordinate the next year’s capital projects and the up-coming budget. This committee will examine those capital projects and make their recommendations to the entire city council; and this will give them an important opportunity to be more familiar with our budgeting process and better coordinate the next year’s capital expenditures and the 03 city budget. Interested city council members should submit their names to Mr. Duquette and that he (the mayor) will make these appointments to this group by February 4.

Mayor Brown stated that we’re partnering with East Grand Forks regarding the pedestrian bridge and would like some council members to work on that project. Al Grasser, city engineer, stated there seems to be come conflicting discussions about whether we proceed and how we proceed, but are suggesting that we bring some resolution to the issue from the city council and because it is a joint project thought it would be good for Grand Forks and East Grand Forks political entities to touch bases on intentions as opposed to a staff technical basis, and are planning to bring this to the city council to the next committee of the whole and city council, and discussions should take place relatively quickly. Mayor Brown asked for names of those interested to contact his office.

Mayor Brown welcomed Lyle Sinner and Matt Lilleboe from University of North Dakota to the city council and Mary Kweit, professor.

Council Member Kreun reported that this past week the North Dakota Reddymix & Concrete Products Association had a convention in Grand Forks, that there is a difficult contest that they put on amongst themselves to figure out some of the projects that took place in the state and go through difficult scrutiny to find what some of the most difficult projects and most rewarding projects and Grand Forks was a recipient of several awards. He stated that Grand Forks received two awards: one for the two lift stations on the design and how constructed, they look like a brick house but are pre-cast concrete, very low in maintenance and structurally sound; and the solid waste baling facility, both were submitted by Concrete, Inc., who was the general contractor, and Lift Stations 1 and 5 were part of the Greater Grand Forks Engineering Group, but Webster Foster & Weston was primary engineering group and Burns & McDonnell on the waste facility, and want to recognize them as that is an achievement for Grand Forks and for our engineering groups within our communities; and would like to thank those people involved and recognize their hard work and appreciate it, and with that have two awards from the North Dakota Reddymix Concrete Products Association.

ADOPT RESOLUTION VACATING THE SIDEWALK
DESIGNATION OF A 2-FOOT WIDE SIDEWALK AND
UTILITY EASEMENT IN BLOCK 1, SOUTH PINES ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the sidewalk designation of a 2-foot wide sidewalk and utility easement lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

The staff report from the Planning and Zoning Commission relating to the matter of petition from Tim Crary on behalf of Crary Development, Inc. for approval to vacate the “sidewalk” designation of a 2-foot wide sidewalk and utility easement lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South, with recommendation for final approval of the petition to vacate the sidewalk designation of a 2-foot wide sidewalk and utility easement lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South.

Mayor Brown called upon the audience to see if there was 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 Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Gershman introduced the following resolution which was presented and read: Document No. 8124 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be and is hereby adopted. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST AND DIRECT
THAT RESOLUTION OF ANNEXATION TO ANNEX ALL OF
LOTS 1 AND 2, BLOCK 1, LOTS 1 AND 2, BLOCK 2, COLUMBIA
PARK 26TH ADDITION AND ADJACENT RIGHTS OF WAY EXCEPT
THAT PORTION PREVIOUSLY ANNEXED, AS AMENDED, BE
FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed December 17, 2001, annexing Tract I (all that portion of Columbia Park 26th Addition to the city of Grand Forks, North Dakota, except the easterly 1887.48 feet of the westerly 20077.48 feet of the southerly 140 feet not previously annexed by Ordinance 3515 and Resolution 7777, as amended); Tract II (all that portion of the east 140 feet of Lot 1, Block 1, and Lot 1, Block 2, Southern Estates First Addition to the city of Grand Forks, North Dakota, not previously annexed by Resolution 7777; Tracts III and IV (all that portion of the West Half of the Northeast Quarter of said Section 21, more specifically described as follows: Tract III (beginning at the northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 21, thence southerly along the west line of said Southwest Quarter of the Northeast Quarter, having an assumed bearing of South 00 degrees 03 minutes 25 seconds east a distance of 863.33 feet; thence northeasterly a distance of 563.43 feet along a curve not tangent to the last described line and concave to the west having a radius of 850 feet and a central angle of 37 degrees 58 minutes 45 seconds and the chord of said curve bears North 18 degrees 55 minutes 57 seconds East; thence North 00 degrees 30 minutes 25 seconds West tangent to last described curve and parallel with the said west line a distance of 381.46 feet to the north line of said Southwest Quarter of the Northeast Quarter; thence South 89 degrees 33 minutes 50 seconds West along said north line a distance of 180.00 feet to the point of beginning); Tract IV (beginning at the southwest corner of said Northwest Quarter of the Northeast Quarter of said Section 21; thence northerly along the west line of said Northwest Quarter of the Northeast Quarter, having an assumed bearing of North 00 degrees 03 minutes 25 seconds West a distance of 46.29 feet; thence North 89 degrees 35 minutes 18 seconds East a distance of 180.00 feet; thence South 00 degrees 03 minutes 25 seconds East parallel with the west line of said Northwest Quarter of the Northeast Quarter a distance of 46.21 feet to the south line of said Northwest Quarter of the Northeast Quarter; thence 89 degrees 33 minutes 50 seconds West along said south line a distance of 180.00 feet to the point of beginning.); and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on December 22 and 29, 2001, and further reported that no written protests had been filed with his office.

The staff report from the Planning and Zoning Commission relating to the matter of the request from Steve Adams on behalf of Art Greenberg for approval of a resolution to annex all of Lots 1 and 2, Block 1; Lots 1 and 2, Block 2, Columbia Park 26th Addition and adjacent rights of way except that portion previously annexed, with recommendation for final approval of the resolution.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

Dennis Potter, city planner, stated this proposal would annex the area with boundaries on the north of 36th Avenue South, on the west South 26th Street, eastern boundary is the city limits line, and the southern boundary an area just north of 42nd Avenue South, coming easterly and dipping and crossing over 40th Avenue South and then running north and doing a curve to an area approx. 180 ft. east of the center line of South 20th Street. He stated there is a request from Glen Gransberg, property owner, to have a delayed annexation on Tract III and Tract IV; his request would be to exclude from the current annexation proposal which encompasses about 3.24 acres and have it annexed at a time certain which would be January 1, 2006; that he and the city engineer have had a number of conversations with Mr. Gransberg and believe it’s appropriate to do this and would recommend that the council grant him a delayed annexation; the reason is that Mr. Gransberg and his family fully recognize that Grand Forks is not only growing toward but around his property and approval of the request for the delayed annexation would allow the Gransberg family time to assess their options for the long term use of their property.

Council Member Kreun asked if the delayed annexation is the portion that would be connecting 20th Street to 36th Avenue South which are collector streets and if the City would not fully foresee needing that property before 2006. Mr. Potter stated they are collector streets, that there are two elements to it, it is needed from the standpoint if its developed and would want to have it in the city, and in terms of doing the street would not be contingent on having it in the city; if we needed to do South 20th Street prior to January of 2006, would have to negotiate an acquisition of the right of way for that street with the Gransberg family; that not having it annexed now does not preclude it from the availability of doing South 20th Street. Council Member Kreun stated they would delay the special assessments even if we utilize and built the street but the full special assessments would be assessed at the time its annexed as that is not what they discussed at the Planning and Zoning meeting. Mr. Potter stated that he and Mr. Grasser were making the recommendation after the conversation with the Gransberg’s and that this does make sense. Mr. Grasser stated it was his understanding that the assessment is supposed to take place as part of the bidding process and if the City were going to start the construction process prior to actual annexation, would set up a future assessment district, and at the time the property would come into the city limits, we would have the opportunity to special assess it. Council Member Kreun stated that we would be able to utilize the street when it is needed prior to annexation and if a special assessment district is set up then would be able to assess the full project at that time.

There was some discussion as to when South 20th Street would be developed; Mr. Grasser stated that the installation of South 20th Street is predicated upon development, and thinks 2006 is still workable for them.

Mayor Brown closed the public hearing.

Council Member Kreun moved that we find an insufficiency of protest to the proposed annexation and further that we approve the annexation with the delay in annexation for Tracts III and IV until January 1, 2006 or until development of those parcels, whichever occurs first; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. . The motion was seconded by Council Member Klave. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried and the annexation, as amended, approved.

ADOPT ORDINANCE NO. 3913, LAND DEVELOPMENT
CODE, ZONING, B-2 (SHOPPING CENTER) DISTRICT, USES
PERMITTED

An ordinance entitled “An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code; Article 2, Zoning; Section 18-0215, B-2 (Shopping Center) District, Subsection (2) Uses Permitted”, which had been introduced and passed on its first reading on October 15, 2001 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

The staff report from the Planning and Zoning Commission relating to matter of request for final approval of an ordinance to amend the Grand Forks City Code of 19987, as amended, Chapter XVIII, Land Development Code; Article 2, Zoning; Section 18-0215, B-2 (Shopping Center) District, Subsection (2) Uses Permitted, by adding (ZZZ) Tattoo Shops and (AAAA) Body Piercing Studio, with recommendation for final approval of the ordinance.

Mayor Brown opened the public hearing.

Dennis Potter, city planner, reported that the Planning and Zoning ordinance deals with the actual physical location of these facilities and recommended a change in the ordinance, to change the terminology so it mirror images that which is in the ordinance relating to health issues associated with the operation and use, and to do that, need to strike the text entitled “..(ZZZ) Tattoo Shops and (AAAA) Body Piercing Studio” and insert in lieu thereof “..(ZZZ) Body Art Establishment”.

Mayor Brown closed the public hearing.

It was moved by Council Member Klave and seconded by Council Member Kreun to amend the ordinance as follows: to strike the text entitled “(ZZZ) Tattoo Shops and (AAAA) Body Piercing Studio” and insert “(ZZZ) Body Art Establishment”. Carried 12 votes affirmative; Council Members Bjerke and Stevens voted against the motion.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting “nay”: Council Members Bjerke, Stevens - 2. Mayor Brown declared the ordinance adopted.

ADOP9T ORDINANCE NO. 3914, AMENDING ARTICLE
10, CHAPTER XIII OF THE GRAND FORKS CITY CODE,
AS AMENDED, RELATING TO TATTOOING AND BODY ART

An ordinance entitled “An ordinance repealing and re-enacting Article 10 of Chapter XIII of the Grand Forks City Code of 1987, as amended, relating to tattooing and body art”, which had been introduced and passed on its first reading on January 7, 2002, was presented and read for consideration on second reading and final passage.

The staff report relating to the request for final approval of an ordinance to amend the Grand Forks City Code of 1987, as amended, relating to tattooing and body art, with recommendation for final approval of the ordinance.

Howard Swanson, city attorney, reported he had provided an ordinance dated January 15, 2002 in which they incorporated a number of changes which were discussed at their last meeting, they included amendments to Sections 13-1004, 13-1009, 13-1010, 13-1011, 13-1012, 13-1013 and 13-1017, and that the ordinance incorporates all of the discussion from the prior meetings and that the health department has reviewed and approved the ordinance as it is before you, and with that the appropriate motion would be to approve second reading with the changes as presented.

It was moved by Council Member Bakken and seconded by Council Member Kerian to approve the ordinance, with the amendments as noted. Carried 12 votes affirmative; Council Members Bjerke and Stevens voting against the motion.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting “nay”: Council Members Bjerke, Stevens - 2. Mayor Brown declared the ordinance adopted.

APPROVE PRELIMINARY PLAT OF MAC’S NGF
ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from George G. McEnroe for preliminary approval of the plat of MAC’s NGF Addition, Falconer Township, Grand Forks, ND, being a part of the Southeast Quarter of Section 18, Twp. 152 North, Range 50 West of the Fifth Principal Meridian and including a variance to the subdivision code as it relates to access onto a section line road (arterial) and to minimum lot sizes of 2.5 acres for non-farm single family lots (said addition is located west of North 42nd Street and north of 54th Avenue North; with recommendation for preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, recommend the Planning and Zoning Commission set a public hearing for February 6, 2002, and recommend the city council to give preliminary approval to the plat on January 22, 2002.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN, SECTION 18-0802, PERTAINING TO THE GRAND FORKS-
EAST GRAND FORKS 2022 TRANSPORTATION PLAN UPDATE,
2001 BIKEWAY ELEMENT, 1999 PEDESTRIAN ELEMENT, 2001
TRANSIT ELEMENT, 2001 STREET AND HIGHWAY ELEMENT,
AND 2000 GRAND FORKS/EAST GRAND FORKS ITS STRATEGY
PLAN ELEMENT AND SET PUBLIC HEARING FOR FEBRUARY 19, 2002

The staff report from the Planning and Zoning Commission relating to the request from the Grand Forks Planning and Zoning Department for preliminary approval of an ordinance to amend Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2001 Bikeway Element, 1999 Pedestrian Element, 2001 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks/East Grand Forks ITS Strategy Plan Element), together with all maps, information and data contained therein, with recommendation to grant preliminary approval of an ordinance and plan text amending the Transit Element of the Transportation Plan incorporating fixed route service and Dial-A-Ride paratransit service fare increase; recommend the Planning and Zoning Commission set a public hearing for February 6, 2002; recommend the city council give preliminary approval to the ordinance on January 22, 2002, and recommend the city council set a public hearing for February 19, 2002.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Bakken introduced an ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2001 Transit Element, 2001 Street and Highway Element and 2000 Grand Forks/East Grand Forks ITS Strategy Plan Element)”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5322, DISTRICT NO. 583


The staff report from the engineering department relating to special assessment district for special assessment of City Project No. 5322, District No. 583, alley paving at 210 North Washington Street, with recommendation to approve engineer’s report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5322, District No. 583.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be and is hereby approved, and that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 8125 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5322, DISTRICT NO. 583

The city auditor presented and read the engineer’s report on Paving Project No. 5322, District No. 583: Document No. 8126 - Report.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this report be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5322, DISTRICT NO. 583

Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 8127 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.
APPROVE AMENDMENT NO. 3 TO THE DESIGN AGREEMENT
AND AMENDMENT NO. 2 TO THE CONSTRUCTION PERIOD
SERVICES AGREMENT FOR PROJECT NO. 4371, WASTEWATER
TREATMENT PLANT.

The staff report from the engineering department relating to Amendment No. 3 to the design agreement and Amendment No. 2 to the construction period services agreement for Project No. 4371, Wastewater Treatment Plant, with recommendation to approve Amendment No. 3 to the agreement for design of the Wastewater Treatment Plant and Amendment No. 2 to the agreement for construction period services for the Wastewater Treatment Plant in the amounts of $142,060 and $303,300, respectively.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

ADOPT RESOLUTION AUTHORIZING THE FILING OF
AN APPLICATION WITH THE NORTH DAKOTA DEPARTMENT
OF HEALTH (NDDH) FOR A STATE REVOLVING FUND LOAN
UNDER THE CLEAN WATER ACT

A staff report from the director of public works relating to resolution of city council of Grand Forks to authorize the filing of an application with the North Dakota Department of Health (NDDH) for a State Revolving Fund loan under the Clean Water Act, with recommendation for approval of the resolution, which would authorize the City of Grand Forks to file an application for obtaining a Clean Water State Revolving Fund (CWSRF) loan for the completion of the Wastewater Treatment Plant, City Project No. 4371.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 8128 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the resolution adopted.

APPPROVE PRELIMINARY PLAT OF WEST CAMPUS
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Rick Tonder on behalf of the University of North Dakota for preliminary approval of the plat of West Campus Resubdivision, being a replat of all of Blocks 2 and 3, Burlington Northern Industrial Park Resubdivision, including portions of North 42nd Street and University Avenue right of way and vacated North 43rd Street and 1st Avenue North. This plat also hereby corrects the plat of Burlington Northern Industrial Park Resubdivision by the removal of the southerly 15 feet of Lots 3, 4 and 5, Block 2, Burlington Northern Industrial Park Resubdivision, Grand Forks, North Dakota, with recommendation for preliminary approval of the plat of West Campus Resubdivision, subject to the conditions shown on or attached to the review copy; recommend the Planning and Zoning Commission set a public hearing date for February 6, 2002; recommend the city council give preliminary approval on January 22, 2002.

It was moved by Council Member Kreun and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO REZONE AND TO INCLUDE WITHIN THE WEST
CAMPUS PUD (PLANNED UNIT DEVELOPMENT), CONCEPT
DEVELOPMENT PLAN, ALL OF WEST CAMPUS RESUBDIVISION
AND SET PUBLIC HEARING FOR FEBRUARY 19, 2002

The staff report from the Planning and Zoning Commission relating to the request from Rick Tonder on behalf of the University of North Dakota for preliminary approval of an ordinance to rezone and exclude from the U-D (University District) and to include within the West Campus PUD (Planned Unit Development) Concept Development Plan, all of West Campus Resubdivision, Grand Forks, North Dakota, with recommendation for preliminary approval of the ordinance for the West Campus PUD (Planned Unit Development, Concept Development Plan, recommend the Planning and Zoning Commission set a public hearing date for February 6, 2002; recommend the city council give preliminary approval on January 22, 2002; recommend the city council set a public hearing date for February 19, 2002.

It was moved by Council Member Kreun and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Kreun introduced an ordinance entitled “An ordinance to amend the Zoning Map of the City of Grand Forks, North Dakota, to rezone and exclude from the U-D (University District) and to include within the West Campus PUD (Planned Unit Development), Concept Development Plan, all of West Campus Resubdivision, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

AUTHORIZE NOVAC TO INITIATE THE ARTS
REGRANTING PROGRAM

The staff report from the Urban Development Office relating to Arts Regranting Program, with recommendation to authorize mayor to appoint a five-member committee/task force to develop and initiate an arts regranting process.

It was moved by Council Member Kerian that we continue to have the North Valley Arts Council initiate and handle the arts regranting process; seconded by Council Member Christensen.

Council Member Hamerlik moved to amend that we allow up to 15% for administrative funds to be taken from that particular program. The mover and second accepted the friendly amendment to their motion.

Council Member Burke stated that 15% wasn’t a concern when the amount for regranting was $30-35,000 and now it’s $100,000 and $15,000 is what administration would be - that NOVAC wouldn’t actually administer the grants, they would be responsible for receiving the applications and recommending the awards, and doesn’t think $15,000 is an appropriate administrative overhead for that process and asked whether we expect NOVAC to administer the grants or determining compliance. Mr. Hanson reported that in the past when the City has awarded funds to NOVAC for their regranting program, they administered the entire program. He noted that the funds distributed to United Way, other than this year which included Human Needs funds, have been CDBG fund and the City, as an entitlement city, is required to monitor the sub-recipients, that United Way is a sub-recipient, and they in turn have additional sub-recipients which they monitor, and the City monitors our sub-recipient to make sure they stay within compliance and their sub-recipients stay within compliance of the laws. Council Member Burke asked whether NOVAC asked for the 15% administrative fee. Diane Paulson, president of NOVAC, stated that it is in their by-laws that any monies they receive for regranting that they retain 15% as an administrative fee, that they kept 15% when they received the $30,000 regrant last year.

Council Member Burke stated that he received a copy of the grant requests for the Events funds that we have, that we have a number of activities and organizations applying for Events funds and expect they are also going to apply for Arts funds, and that there might be some benefit to having coordination between the granting function for the Events and the granting function for the Arts and we should go ahead with the Arts granting the way it is described but have the results of that presented to the Events Granting Committee so they can take into consideration the money that these groups have received from the Arts Grant Program so that we don’t overlap either the organizations or the events where it is not appropriate and his suggestion is that we delay the events granting procedure until after NOVAC has received and acted on the Arts Grants and that the Events Granting Committee receive that recommendation but be aware of it during the events granting.

Mr. Hanson stated that at the end of the year his office would receive a report from NOVAC of their entire regranting. He also noted that NOVAC’s schedule is to require all applications in by the end of January and they will make announcements between February 15 and February 28.

Council Member Glassheim stated that applicants would be judged relative to the purpose established, and not sure of ability to attract people to Grand Forks for events, which is the purpose of one pot of money, but judged by a different standard in applying to NOVAC grants which might have more to do with artistic excellence or strengthening the arts community and the people giving the money have to keep in mind that there are different purposes, not sure if a concern if someone get funding from both pots if they fulfill the requirements and purposes for which the money is set aside.

Council Member Kerian stated that those on the committee will take an opportunity to work with NOVAC to understand what some of the grants are to see if there are any issues are and consider it from that point, and called for the question. Council Member Christensen seconded the motion. Upon roll call the following voted “aye”: Council Members Gershman, Christensen, Klave Kerian, Bakken, Kreun, Martinson, Hamerlik - 8; voting “nay”: Council Members Glassheim, Lunak, Brooks, Bjerke, Stevens, Burke - 6. Mayor Brown stated we are moving to the question.

The motion re-stated is that NOVAC be allowed to initiate and handle the allocations of the arts re-granting program with up to a 15% allowance for administration which was moved and seconded by Council Members Kerian and Christensen. Upon roll call the following voted “aye”: Council Members Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Brooks, Hamerlik, Glassheim - 10; voting “nay”: Council Members Lunak, Bjerke, Stevens, Burke - 4. Mayor Brown declared the motion carried.
ACCEPT BIDS FOR STREET DEPARTMENT EQUIPMENT

The staff report from the director of public works relating to the street department street sweeper and motor grader bids, with recommendation to approve bids of street sweeper and motor grader as bid tabulations: 1) street sweeper, $47,050 from Sanitation Products, and 2) motor grader, $69,318.00 from Butler Machinery.

Council Member Brooks stated he has concern re. process we follow for bidding, that we requested bids for the sweeper and the motor grader and look at the other items that are put in the mix, the trade-in, but sometimes can do better if sell on your own, and minimum re-purchase in 5 years, are putting too much into this and making it very complicated.

Mr. Feland stated he understands the concern with the guaranteed re-purchase, that their goal is to try to save money and change equipment over quicker, and to know what the equipment is worth in 5 years and perhaps get more in a trade-in but that’s the minimum they would receive on it. Council Member Brooks stated in these process, hurt the City’s credibility when it comes to the bidding process and get more people protesting it and lot of work going through and analyzing the bids when all we want to do is who is going to sell us the cheapest grader or sweeper and we will determine what its going to be worth in 5 years by our maintenance program that we have on it, and mixing too much into the bid process.

Council Member Glassheim stated it is important to look at the concept but seems that a lot of places, including corporations, go to life-cycle costing so it’s really misleading to just buy something and if something is cheaper but wears out in one year and something else that lasts for 10 years, you just don’t take the lowest bid, but take the life-cycle costing and thinks that’s what’s happening here, and was unsure after the committee of the whole meeting whether this was right thing to do, but it was in the bid documents and fairly clear what we asked for, that bidder has to include a number so the whole cost of the equipment over time is figured in and seems extremely responsible and is the way many purchases in both public and private sector are made.

Mr. Feland stated they haven’t invented this process and other cities use the same process and similar specifications, asking for five-year cost on it with a guaranteed buy-back and most dealers are familiar with this process, and falling in line with the industry. Council Member Brooks stated that we need to look at that policy, that there are some that do life-cycle costing and that’s a function that belongs in a purchasing function under the finance area, and his concern is that we need to have it located in another place and that we will discuss that policy; and called for the question. Council Member Christensen second the motion. Carried 14 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Martinson to approve the recommendation to accept the bids for the street sweeper and motor grader as per bid tabulations: 1) street sweeper, $47,050 from Sanitation Products, and 2) motor grader, $69,318.00 from Butler Machinery. Upon roll call the following voted “aye”: Council Members Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting “nay”: Council Members Brooks, Lunak - 2. Mayor Brown declared the motion carried.

APPROVE PLEDGED COLLATERAL REPORT

The staff report from the finance department relating to the pledged collateral report, with recommendation to approve the pledged collateral report.
It was moved by Council Member Bjerke and seconded by Council Member Gershman that this recommendation be and is hereby approved, and called for the question. Carried 14 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE MINUTES

Typewritten copies of the minutes of the city council meetings held on December 17, 2001 and on January 7, 2002 were presented and read. Council Member Bjerke stated that the minutes of January 7, 2002 under consideration of Ordinance No. 3911, the motion for approval of the recommendation show a vote of 12 votes affirmative and should be 14 votes, and moved to approve the minutes with the correction; seconded by Council Member Kreun. Carried 14 votes affirmative.

COMMENTS FROM MAYOR AND COUNCIL MEMBERS

1) Council Member Lunak reported he had received a call from a woman who had received a court order to go to a doctor all day for five days a week and has no way of getting there, that she has sent letter to dial-a-ride but has not heard back. Mr. Feland stated that in order to provide somebody a dial-a-ride application they have to meet ADA eligibility, and if he can get a medical professional to say that person meets the criteria, they would take care of the matter.

2) Council Member Hamerlik reported that several weeks ago he brought up an issue to try to inform the public in better manner when pickup was for recycling and regular sanitation routes, that Info Center and press release and newspaper did a good job in explaining the pickup schedule, and thanked staff.

3) Council Member Burke asked for a timetable on the Events and Arts Grants. Mr. Hanson reported that NOVAC’s Arts Regranting Program is requesting applications by January 31, and will notify awardees between February 15 and 28, and assuming they will have selection finished by February 15. He stated that the Events Committee meets January 23 and on January 29 with the intent to have recommendations on the committee of the whole and back to council on February 19. Council Member Burke stated that he had wanted to suggest that the Events Committee that is reviewing the applications for the events grants could delay its second meeting until after the applications for the Arts Grants were received by NOVAC and Events Committee could consider that and have an opportunity if NOVAC was able to speed up its process by a couple days and Events Committee would know what their awards would be and the Events Committee could include that and have a last meeting and make its recommendations without impacting on the awards date for the Events of the 19th, perhaps putting it off until the following week where they could have a special action item on the following committee of the whole and would be able to do a better job with the money that people paid taxes to provide to make sure there weren’t potential overlaps, and asked that be placed on the committee of the whole agenda for next week and that we have it for an action item for the first council meeting in February to see where it goes, not talking about taking the money away but spending in the way that gets us the most for our dollar and to discuss it in more detail.

4) Council Member Glassheim stated that some time ago they received a letter from somebody with a St. Louis Park ordinance regarding the number of cars allowed to park, and asked if something is happening with that. Mr. Swanson stated he reviewed the ordinance and referred it to the administrative coordinator. Mr. Duquette stated the inspections department and the health department are doing the research to see if it works for us.

5) Council Member Glassheim stated that on the business of cutting off debate, and that if a council person is not going on too long and is trying to get information out or to explore something, should give them the benefit of the doubt and would argue that next time we try to cut off debate we really see if its absolutely needed.

6) Mayor Brown stated that he needs five people to submit their names for the CIP committee; and welcome the Frosty Bobber contestants and hopes everyone makes them feel welcome into our community; and would like to invite the public to attend the lift station dedication at 9:00 a.m. at 32nd and Cherry Street and the potluck supper at Sacred Heart and show Dave Barry why we choose to live in Grand Forks.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Martinson that we adjourn. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
____________________________________
Michael R. Brown, Mayor