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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 15, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 15, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Emilie Bruno, Lake Agassiz School, winner of the fourth grade essay contest, "If I were mayor for a day, I would.." called the meeting to order. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; absent: Council Member Gershman - 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 Brown stated that this week is Municipal Government Week and as a part of the Week they ran the If I Were Mayor for a Day essay contest with local fourth graders and the winner is Emilie Bruno from Miss Gregoire's class at Lake Agassiz Elementary School. Emilie Bruno read her essay to the council.

Mayor Brown stated that last week everyone received the informational insert in the Grand Forks Herald and has a proclamation regarding Municipal Government Week and thanked all principals, teachers and students who helped celebrate and judges, Marilyn Hagarty, Jim Bollman and Miss North Dakota, Sara Schelkoph who helped in picking the winner. He thanked the ND League of Cities for their efforts in this important program about local government
Congratulations to all the athletes of our local teams for their performance this past weekend and good luck to those continuing in their tournament runs - the UND hockey team and the UND women's basketball team.
He stated the Leon Russell show was a great show at the Empire.
He stated several people have contacted him about serving on the study group that is being formed to look at downtown issues and if interested in helping to please contact his office.

He introduced Friends of the Greenway, Gary Nies for an announcement.
Mr. Nies stated it is amazing to see what is happening in the greenway, and thanked council for what they have done, and invited them to a Greenway Expo March 25, Thursday evening, 7:00 to 9:00 p.m. in the Community Room of the Grand Forks Herald. He stated at that time that there will be a very interesting announcement on the greenway. He also noted that on July 31 is the Chili Cook-Off.

ADOPT ORDINANCE NO. 4011, AMENDING THE
LAND DEVELOPMENT CODE, ARTICLE 2, ZONING;
SECTIONS 18-0214, 18-0216, 18-0218 AND 18-0219,
RELATING TO DOG DAYCARE FACILITIES

An ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code, Article 2, Zoning; Section 18-0204 Rules and Definitions; Section 18-0216 B-3 (General Business) District, Subsections (3) Conditional Uses and (11) Special Conditions; Section 18-0218 I-1 (Light Industrial) District, Subsection (3) Conditional Uses; and Section 18-0219 (Heavy Industrial) District, Subsection (3) Conditional Uses; all relating to dog daycare facilities", which had been introduced and passed on its first reading on January 20, 2004 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 the matter of the request from the Planning Department for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204, Rules and Definitions; Subsection (2) Definitions; Section 18-0216, B-3 (General Business) District, Subsections (3) Conditional Uses and (11) Special Conditions; Section 18-0218 I-1 (Light Industrial) District, Subsection (3) Conditional Uses; and Section 18-0219 (Heavy Industrial) District, Subsection (3) Conditional Uses, all relating to dog daycare and boarding facilities; with recommendation to give final approval to the attached ordinance (with amendments).

There was considerable discussion relating to distance requirement from a residential area, a distance of 150 ft. was included in the introduced ordinance and that the ordinance was amended and recommended to be 300 ft. by the Planning and Zoning Commission. Mr. Potter stated they had input from engineering, inspections, planning and health departments and they determined that 300 ft. would be appropriate distance, there is a provision that does allow as part of the conditional use process for the Planning Commission to look carefully at 300 ft. and if in their judgment on a case by case basis they may recommend to the city council less than 300 ft. Richard Klockman, Health Department, stated they looked at what other municipalities require, Fargo requires 300 ft. from any residence in zoned property, and decided to leave it 300 ft. from any residentially zoned structure and then have a clause in there that says if it is going to work and is a B-3 zone with residential houses within that zone and appears that it can work, grant variance to allow that business to go ahead. Mr. Shields stated they are looking on a case by case basis are going to be proactive in looking at their plans for odor, noise, and stated there are other business located near the location, 1515 DeMers Avenue, that also generate noise and haven't had any complaints even when bands may have been playing inside.

Council Member Hamerlik stated to grant exception of the distance from another business, home, etc. and how proceed if passed. Mr. Potter stated they would review development plan because there are residences within that 300 ft., look at design of the building, where place the animals internally, terms of external dog bathroom facility and to shield that away from the residential and after those reviews, Planning and Zoning make a recommendation to the city council

Sue Christopherson, 1601 7th Avenue North stated the variance is what makes this go for them, they have to have ability to be within 300 ft. of a residence in order to be in a B-3 zone, if can't, that eliminates all of the B-3's, most of I-2; this is conditional use permit for B-3, and noted that 300 ft. doesn't have anything to do with noise levels, more that you can do about noise than increase distance. She stated she didn't see noise as being a problem, has fence around outdoor bathroom area and calls for trees around that and buffers noise, that dogs go outside 3-5 times a day for 5-10 minutes and not outside long enough to cause problems.

Council Member Glassheim stated he is concerned with noise getting out from the building into the neighborhood, and thought a requirement for acoustical material should be included even though not a multi-tenant building. Council Member Kerian stated when applicant writes their plan of operation includes control of odor, dust, noise.

There was also discussion as to the enforcement procedure. Council Member Brooks stated main concerns are noise, that we have noise ordinance in place, there was some concern about cleanliness and upkeep and thinks that is taken care but there should be some monitoring. Council Member Glassheim stated that in the introduced ordinance it stated that the facility shall be subject to periodic review and inspection by health department personnel, and asked if that has been removed from the final ordinance. Don Shields, Health Department, stated that the proposal was to address that as they do other nuisances within the town and would investigate that and take appropriate action. Council Member Glassheim stated that would be on a complaint basis; Mr. Shields stated that would be the difference in the two approaches, that the dog facilities within this town are not currently licensed or on that inspection program, and if it is the desire of the city council to start a program that encompasses those kinds of facilities, it would be within their realm to do that but is not part of the final proposal before you.

Council Member Kreun stated in the City Code have specific ordinance in place and that will pertain to them as well as anybody else in town and if they can adhere to the existing ordinance that will be stricter than what is in this particular ordinance process. He stated in monitoring and controlling our permits, what is procedure we use for monitoring and reporting back, who inspects and who gets the report and control of that report and how does it get back to the council.

Mr. Potter stated it would start with complaint and zoning administrator would normally receive those complaints, sort them out and who needs to do the follow-up, whether planning, health, etc. and at some point if a series of these and if related to the conditional use permit, then have a process and come to the Planning Commission and their recommendation to the city council re. validity of the conditional use permit (as in all conditional use permit situations). Council Member Kreun stated there has been discussion that rather than waiting for a complaint on case by case basis to have process on proactive measure on conditional use permits throughout the city and have a method in place so that it isn't arbitrary or subjective to one individual, and would like through one of their committees to start a process to monitor and be proactive for all conditional use permits and in this particular case doesn't think that any permits that we issue should be grandfathered in and if come up with process to do that and those we have given permits to would be subject to those monitoring devices.

Mr. Shields stated that process is investigation and about 99% of all complaints within 24 hours and try to make resolution within 30 days, send letter to offending party and try to work out using resource officers and if doesn't satisfy problem go through municipal court system and judge makes determination and judgment. Council Member Glassheim stated that wouldn't be process here, because animal would be gone. Council Member Glassheim stated he didn't want to find themselves in the position where there is noise and only choice is to shut them down and destroy investment or do nothing - may or may not happen and concerned about being in that position.

Mr. Potter stated on the monitoring part and if give final approval to the ordinance tonight, the applicants would still have to go through conditional use process and would be able to start that in April and that would give either one of the standby committees time to come up with monitoring process and make that one of the conditions.

Council Member Kerian stated there is good enforcement within existing ordinance and in this ordinance that makes it clear what expectations are and owners of the business will be making some of those decisions as to what need to keep their business and customers will also do some of the monitoring to make sure that it is clean and well maintained, and for many of the things that need monitoring it will be self monitored by customers.

Council Member Christensen stated that Section 18-0703(5) of existing Code states that Planning and Zoning Commission and the council may periodically review the conditional use permit, and suggested that as they have an enforcement procedure on the books under conditional use permits, that we reconsider the language that states, "that if the permit conditions are not met and Planning and Zoning Commission recommends the revocation" and suggested that they delete the words "..after receiving a recommendation from the Planning & Zoning Commission."

Mr. Swanson stated that they have introduced one draft of the ordinance which is included in the packet, it is before you now with different provisions, the appropriate motion if ready to accept the recom-mendation of the Planning and Zoning or make any additional changes to the second draft would be to amend the ordinance as introduced for first reading to include whatever changes you would like, vote on the amendment, and assuming that passed, then vote on the second reading of the ordinance as amended.

Ms. Christopherson stated she wanted to re-emphasize the importance of being able to be in a B-3 zone, new business concept and need to be in an easy access, visible location to succeed and hoping with the variance clause that they come to you with a good plan in place that it will go through.

Mayor Brown closed the public hearing.

It was moved by Council Member Kerian and seconded by Council Member Christensen to accept the recommendations from Planning and Zoning Commission with exception of the modification to delete the phrase in paragraph 7 with period after the word permit and delete "..after receiving a recommendation from the Planning and Zoning Commission. Carried 6 votes affirmative.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4012, AMENDING ZONING
MAP TO INCLUDE WITHIN UNIVERSITY VILLAGE
PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 2, ALL OF UNIVERSITY VILLAGE ADDITION AND
COLUMBIA ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of University Village Addition and Columbia addition to the city of Grand Forks, North Dakota", which was introduced and passed on its first reading on February 17, 2004, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the request from Dakota Commercial on behalf of the University of North Dakota for final approval of an ordinance to amend the zoning map to exclude from the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of University Village Addition and Columbia Addition, Grand Forks, North Dakota (located in the NE 1/4 of Section 5, Twp. 151 N., R50W of the 5th Principal Meridian, with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.

Council Member Hamerlik stated for the record that the area that might be designed and include underground tanks, and has concern as it is very close to the Coulee and the drainway, and if there is spillage of any kind, it goes into the Coulee and into the Red River, but that can be taken care of with proper design, etc. Mr. Potter stated Council Member Hamerlik is correct about issues involved and the underground storage tanks will have to meet all of the State and federal requirements, that they will look closely at how they handle the surface runoff within the complex that is going to be built and is the most critical item and will be dealing with that in the detailed development plan.

Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted 'aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL
BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings at: 1220 6th Avenue North, 1120 1st Avenue North, 9 Vail Circle, 907 Cherry Street, 523 Schroeder Drive, 804 South 19th Street, with recommendation to grant exemption of increased value for three years.

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

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL
BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial buildings at 2015 Library Circle and 500 Gateway Drive, with recommendation to grant exemptions of increased value for three years.

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

AWARD CONTRACT FOR PROJECT NO. 5575, 2004
ADA CURB RAMPS

The staff report from the engineering department relating to consideration of bids for construction of Project No. 5575, 2004 ADA Curb Ramps, with recommendation to award contract to lowest responsible bidder, Heston Contracting, Inc. in the amount of $46,480.00.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded..

AWARD BID FOR CONSTRUCTION OF PROJECT NO.
5573, 2004 CONCRETE STREET REPAIRS

The staff report from the engineering department relating to consideration of bids for construction of Project No. 5573, 2004 Concrete Street Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction, Inc. in the amount of $152,915.00.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

AWARD CONTRACT FOR SIDEWALK PROJECT
NO. 5572

The city auditor reported that bids had been received for Sidewalk Project No. 5572, construction of sidewalks and sidewalk replacement for the year 2004, and presented the city engineer's tabulation of bids indicating that Tony Anderson Construction, Inc. was the low bidder based on estimated quantities per unit price.

The staff report from the engineering department relating to consideration of bids for construction of Project No. 5572, 2004 Sidewalk Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction in the amount of $136,697.50.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 5479, STREET LIGHTING DISTRICT NO. 148

The city engineer's estimate of total cost of the installation of street lighting in Cornerstone Estates as follows: Vineyard Drive, Vineyard Circle and Beacon Circle, in the amount of $47,377.31, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5479, District No. 148, street lighting in Cornerstone Estates, with recommendation to approve plans and specifications for construction of Project No. 5479, District No. 148, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8436 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the resolution be adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIF-
ICATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 5511, DISTRICT NO. 140

The city engineer's estimate of total cost of the installation of street lighting in Columbia Park 29th Addition (Pembrooke Drive, Haleigh Drive and Mulberry Drive) in the amount of $36,238.13, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5511, District No. 140, street lighting in Columbia Park 29th Addition (Pembrooke Drive, Haleigh Drive and Mulberry Drive), with recommendation to approve plans and specifications for construction of Project No. 5511, District No. 140, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8437 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the resolution be adopted. Carried 6 votes affirmative.

APPROVE REVISIONS TO ENGINEER'S REPORT AND
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICTIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5618, DISTRICT NO. 141

The city engineer's estimate of total cost of the installation of street lighting on Cherry Street from Southend Drainway to 55th Avenue South in the amount of $17,306.63, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5618, District No. 141, street lighting on Cherry Street from Southend Drainway to 55th Avenue South, with recommendation to approve revisions to the special assessment district boundary and approve revisions to the engineer's report; and to approve plans and specifications for construction of Project No. 5618, District No. 141, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the revised engineer's report and the resolution approving plans and specifications which was presented and read: Document No. 8438 and 8439 - Report and Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the report be approved and the resolution adopted. Carried 6 votes affirmative.
APPROVE REVISED ENGINEER'S REPORT AND ADOPT
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, STREET LIGHTING
PROJECT NO. 5619, DISTRICT NO.142

The city engineer's estimate of total cost of the construction of street lighting on 36th Avenue South from Columbia Road to South 20th Street and on South 20th Street from 32nd Avenue South to 36th Avenue South, in the amount of $65,551.50, was presented and read.

The staff report relating to revised engineer's report and plans and specifications for Project No. 5619, District No. 142, street lighting on 36th Avenue South (Columbia Road to 20th Street) and on South 20th Street (32nd Avenue South to 36th Avenue South), with recommendation to approve revisions to the engineer's report and approve plans and specifications for Project No. 5619, District No. 142, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the revised engineer's report and the resolution approving plans and specifications which were presented and read: Document Nos. 8440 and 8441 - Report and Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the report be approved and the resolution adopted. Carried 6 votes affirmative.

APPROVE REVISED ENGINEER'S REPORT AND ADOPT
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, STREETE LIGHTING
PROJECTNO. 5620, DISTRICT NO.143

The city engineer's estimate of total cost of the construction of street lighting for Southbrook 1st and 2nd Additions (Curran Court and 48th Avenue South), in the amount of $26,113.50, was presented and read.

The staff report relating to revised engineer's report and plans and specifications for Project No. 5620, District No. 143, street lighting for Southbrook 1st and 2nd Additions (Curran Court and 48th Avenue South), with recommendation to approve revisions to the engineer's report and approve plans and specifications for Project No. 5620, District No. 143, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the revised engineer's report and the resolution approving plans and specifications which were presented and read: Document Nos. 8442 and 8443 - Report and Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the report be approved and the resolution adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIF-
ICATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 5621, DISTRICT NO. 144

The city engineer's estimate of total cost of the installation of street lighting on Reummele Road, in the amount of $23,525.25, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5621, District No. 144, street lighting on Reummele Road, with recommendation to approve plans and specifications for construction of Project No. 5621, District No. 144, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8444 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the resolution be adopted. Carried 6 votes affirmative.

APPROVE REVISED ENGINEER'S REPORT AND ADOPT
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, STREET LIGHTING
PROJECT NO. 5622, DISTRICT NO.145

The city engineer's estimate of total cost of the construction of street lighting on South 34th Street (36th Avenue South to Reummele Road), in the amount of $15,697.50, was presented and read.

The staff report relating to revised engineer's report and plans and specifications for Project No. 5622, District No. 145, street lighting on South 34th Street from 36th Avenue South to Ruemmele Road, with recommendation to approve revisions to the engineer's report and approve plans and specifications for Project No. 5622, District No. 145, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the revised engineer's report and the resolution approving plans and specifications which were presented and read: Document Nos. 8445 and 8446 - Report and Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the report be approved and the resolution adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIF-
ICATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 5623, DISTRICT NO. 146

The city engineer's estimate of total cost of the installation of street lighting in North Pines Addition, in the amount of $15,566.25, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5623, District No. 146, street lighting in North Pines Addition, with recommendation to approve plans and specifications for construction of Project No. 5623, District No. 146, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
Council Member Kerian introduced the resolution approving plans and specifications which was presented and read: Document No. 8447 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the resolution be adopted. Carried 6 votes affirmative.

APPROVE REVISED ENGINEER'S REPORT AND ADOPT
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, STREET LIGHTING
PROJECT NO. 5624, DISTRICT NO.147

The city engineer's estimate of total cost of the construction of street lighting for Deacon's Gardens Addition, in the amount of $33,127.50, was presented and read.

The staff report relating to revised engineer's report and plans and specifications for Project No. 5624, District No. 147, street lighting for Deacon's Gardens Addition, with recommendation to approve revisions to the engineer's report and approve plans and specifications for Project No. 5624, District No. 147, and further that the city auditor be directed to advertise for bids on the project. It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kerian introduced the revised engineer's report and the resolution approving plans and specifications which were presented and read: Document Nos. 8448 and 8449 - Report and Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the report be approved and the resolution adopted. Carried 6 votes affirmative.

APPROVE SOFTENING BASIN REPAIRS

The staff report from the water treatment plant relating to softening basin repairs, with recommendation for approval of Central Painting and Sandblasting for softening basin corrosion repairs (with total cost est. to be $50,800 or less).

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS A, B,
C, F AND H, BLOCK 1 COLUMBIA PARK 21ST ADDITION
INCLUDING VARIANCE TO LAND DEVELOPMENT CODE
AS IT RELATES TO ACCESS TO ARTERIAL STREETS

The staff report from the Planning and Zoning Commission relating to request from McCombs, Frank, Roos Associates, Inc. on behalf of Wal-Mart Stores, Inc. for final approval (fast track) of a replat of Lots A, B, C, F and H, Block 1, Columbia Park 21st Addition, Grand Forks, North Dakota (located east of South Columbia Road between 32nd Avenue South and 36th Avenue South, including a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907, subsection (2), Right of Way, paragraph (L), as it relates to access to arterial streets; with recommendation to grant final approval to the request, and subject to approval by the ND Department of Transportation of the access relocation and propose signalized intersection.

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

APPROVE FINAL PLAT OF RYDELL FIRST RESUB-
DIVISION

The staff report from the Planning and Zoning Commission relating to request from Doug Herzog, CPS Ltd, on behalf of Jim Price representing Rydell Chevrolet for final approval (fast track) of the plat of Rydell First Resubdivision, being a replat of Lots 3, 4, 5, 6, 8, 11, 12, 13, 14, 15 and 16, Block 2, including the vacated alley adjacent to said lots and the north 30.00 feet of vacated 26th Avenue South adjacent to Lots 11 through 16, L.N.B. Court to the city of Grand Forks, ND (property is located at 2605 South Washington Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE REAL PROPERTIES AS SURPLUS

The staff report from the Urban Development Office relating to surplus real property, with recommendation to declare the following properties surplus and authorize staff to proceed with their sale according to established policies and procedures: Lots D and E, Replat of Lots 4, 5, 6, 14, 15 and 16, Block 16, Sun-Beam Addition (adjacent to l26 and 122 Rolling Hills Circle); and Lots W, Block H of the Replat of Lots A, B, C, D, E and F of the Replat of Lots 9 and 17, Block H of the Replat of Block 13, Sun-Beam Addition and Lots 8, 10, 11, 12, 13, Block 13, Sun-Beam Addition (adjacent to 227 Northridge Hills Court).

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

APPROVE POLLING PLACES FOR JUNE 8, 2004
ELECTION

The staff report from the Mayor's Office relating to polling sites for the June 8, 2004 election, with recommendation to approve list of polling sites.

It was noted that there is a change in the polling sites, Ward 5, Precinct 1, is Schroeder School as there will be construction at Kelly School and Ward 6, Precinct 3, is at the Grand Forks Public Library (along with Ward 6, Precinct 4) as there were complaints re. access at Center Court Fitness Club. It was also noted that it is not customary to have polling places outside the precinct, however, have to have public access to a site and not many public buildings they can get into.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the recommended polling places be approved. Carried 6 votes affirmative.

APPROVE REQUEST FOR PROPOSALS FOR REDEVELOP-
MENT OF FORMER ALMONTE NURSING HOME SITE

The request for proposals for redevelopment of former Almonte Nursing Home site, with recommendation to declare the property (Block 4, Auditor's Subdivision No. 36) surplus and authorize staff to issue a Request for Proposals for its sale and redevelopment as described in the report.

Council Member Hamerlik asked what the process will be as they go forward in terms of proposal and the sale. Mr. Lund stated they will have bidding documents available next week, accept proposals for about one month along with bid as well as architectural designs of the house, financial capacity, etc., that the review committee consisting of Council Member Gershman, Mr. Hoover, area residents and local Preservation member will rank those proposals giving the most weight to the design of the home, those proposals will come back to the city council about 6 weeks from now for approval. He stated they will be ranked as to the review committee's determination of best proposal, with home design ranking the highest, compatibility with the existing architecture in the neighborhood; all things being equal, the higher bid price will win out but that is not the focus of this proposal process.

Council Member Christensen suggested that they have people submit designs and then review committee select x number of designs that would qualify and have minimum criteria and to encourage the highest price because if plans were acceptable by committee and whomever qualified to the minimum would be allowed to bid, trying to encourage compatibility and then bidding, and that they continue the process and once people qualify to meet minimum requirements, then have auction, not sure if have to amend process or just suggest you do it that way.

There was some discussion as to whether the proposal before council includes the process; Mr. Lund stated declaration of surplus, approving the review committee and the rationale and disposition of the property, and they will come back to approve the specific proposals that are reviewed and that the process was included in the action they will take tonight. Mr. Swanson stated the motion should specifically delineate what the process is. Mr. Lund stated that the recommended action is to authorize staff to issue request for proposals and redevelopment as described and the staff report actually describes process which they would follow. He stated he is not concerned about the first and second ranked proposals, more concerned about a proposal that minimally meets what the committee would be looking for and be approved simply based on price of a lot and would be much more in favor of what was suggested last week, that what the assessing department establishes is the fair market value and cut that out of the process, would be concerned that a lesser proposal might be accepted based on bidding a little more.

Council Member Christensen stated he was curious about the process going through because have three things going on, Easter Seal item, this item and what happened in Elmwood area, and if have situation where want people to build homes can understand historic designation and meeting historic criteria, but once get beyond that and if husbands of the taxpayers money, should try to maximize the monies that we can collect, and that is why suggested the process.

Council Member Brooks asked if the committee reserve the right to reject any and all bids. Mr. Lund stated that the proposal will be written so that the City can reject all bids if deemed to be in the best interest of the City. Mr. Swanson stated a word of minor wisdom - don't over-rely upon a phrase in a bid spec. that allows you to reject any and all bids, you do not have the authority to do that, you only have the authority to reject those bids which fail to meet your minimum criteria, and if they meet minimum despite what you say in your bid specs. you cannot arbitrarily make a decision to ignore those.
Mr. Lund stated minimum specs. would be meeting or simulating the architectural designs that are existing in the neighborhood, the proposals will articulate common architectural features of the neighborhood, financial capacity to complete the project, technical understanding of the process along the lines of submitting detailed plans, elevations, material lists to best simulate an older style home, etc. He stated that the architectural capability will rank higher than others; that the design will ultimately win out in the end assuming that the proposer appears to have the ability to complete it; that each member of the committee will score the proposals and his concern is about getting into a bidding process, not concerned about number 1 and number 2 competing but concerned about number 10 or 15 where someone just minimally meets what looking for and if think 95% is low and if going to give away at 5% discount, would be more in favor of 100% of value.

Mr. Swanson stated you can have a qualification requirement, that has occurred and not normal course of bidding approach that we've done and if have standards identified that you're going to have your proposals weighted by, you can undertake that. He stated you can establish criteria that you will be evaluating your proposals against and may have some proposals that meet that criteria, any time you are at a point where you are going to make a decision that is going to eliminate a proposal from further consideration, you will have to be able to articulate the basis upon which you are denying that proposal the ability to move forward, can't be arbitrary or capricious, have to have some information within a record as to why a particular proposal was not accepted or allowed to move forward.

It was moved by Council Member Kerian and seconded by Council Member Christensen to approve the recommendation and that the procedures be approved and to change the minimum price for the lots from 95% to 100% of market value, as determined by the city assessor. Carried 6 votes affirmative.

APPROVE SELLING HOUSES TO EASTER SEALS
GOODWILL

The staff report from the Urban Development Office relating to request from Easter Seals Goodwill, with recommendation to sell the homes at 1604 and 1610 Lewis Boulevard to Ester Seals/Goodwill of North Dakota for $10,000.

Council Member Glassheim stated they received new information after their last meeting from Urban Development that any funds received for these houses would simply go back into program income in Urban Development funds and be used for projects as Easter/Seals and moved to approve the recommendation deleting the $10,000 charge for the Easter/Seal project. The motion died for lack of a second.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks to approve the committee recommendation. Upon voice vote the motion carried 5 votes affirmative, Council Member Glassheim voting against the motion.

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment No. 04-06, dated March 12, 2004, totaling $694,676.12 and Regular Estimate Summary in the amount of $20,180.34, were presented and read.

It was moved by Council Member Kreun and seconded by Council Member Kerian that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.

APPROVE MINUTES MARCH 1, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, March 1, 2004 were presented and read. It was moved by Council Member Kreun and seconded by Council Member Christensen that these minutes be approved. Carried 6 votes affirmative.
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COUNCIL MEMBER COMMENTS

1) Council Member Brooks asked for clarification on process re. protests by property owners on increase in taxes; Mr. Carsen stated the Board of Equalization meets on Tuesday, April 13, 2004 and that any valuation by the assessor's office is protestable and if property owner did not get a notice of increase (still have about 700 notices to send out) can call his office and find out what the new number is, make explanations and may even make a recheck. Council Member Brooks stated that the assessed value was included in the letter for 2004 and the net real estate tax which is based on the 2003 mill rates; that council goes through budgeting process and determines mill levy. Mr. Carsen stated that the tax figure that is in the notice is not required by law but was included by assessing department as most people would not know what a % increase would be so put the old net tax figure and the new one as an informational item based on last year's mill levy. Mr. Carsen stated that the City is only 25% of the tax bill.

2) Council Member Hamerlik noted April 13 is a Tuesday and people will not be coming to a council meeting but to a Board of Equalization meeting. Mr. Carsen stated the Board of Equalization is set by State law, second Tuesday in April, and have set the time as 7:00 p.m. in the council chambers. Property owners can appear in person, or can mail or e-mail their protest, that protests will be entered at that time and heard at later date after the assessor has provided the Board with further information. .

3) Council Member Hamerlik stated that next Monday is a committee of the whole meeting, they will have either a special council meeting to consider the Canad proposal if ready and asked if they can eliminate giving notice of special meeting by setting meeting tonight. Mr. Swanson stated that they were hoping to meet with Canad on Wednesday to get their input on recommendations the City has made back to them but were not available this afternoon, and premature to call a meeting tonight as don't know what is going to happen; and Mr. Swanson stated a motion by the council in a prior meeting will eliminate that but not sure it is appropriate to call a special meeting tonight because don't know if have a work product for you to act upon. Council Member Hamerlik asked if could call special meeting pending the end of the process after meeting with Canad people; Mr. Swanson stated you can't allow staff to determine whether you will or will not meet, can't occur, either call the meeting or not. He stated the Code is very clear on special meetings, there has to be special effort to give notice to those members of the council, have to sign notice showing receipt of the agenda to make sure that no council member is excluded from notice and is a protection for the council members; the mayor can call a special meeting in the same fashion as two members of the council

Council Member Christensen stated that they not push the process, know we have a partner, and if don't have a document in an acceptable fashion and if don't get it done next Monday will get it done the following Monday.

4) Council Member Kerian stated when last discussing taxes, some council members talked about not retaining these taxes, and would like us to discuss and deliberate those property taxes for the city, one of the areas is that this is based on new development and should discuss in what ways does new development add to the costs of the city; that when do city surveys that people are concerned about streets and dike, etc. and that they are maintained before we say that we need to decrease the mills for the city, that the City is only entity that might be discussing that, but need to look at what needs of the city are, and understands desire to decrease property taxes and yet taxes serve purpose of providing services to the city and hope they look at that.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
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Michael R. Brown, Mayo