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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 19, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 19, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian (teleconference), Kreun - 7; 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 commented on various events during the past week and upcoming events:
He thanked everyone in the region for their efforts to find and bring Dru Sjodin home and asked that they take a moment of silence in her memory. He stated it was important to pause and reflect as a community on what has happened to us over the last five months and our thoughts and prayers are with Dru Sjodin and her family.
He welcomed our guests from Sarpsborg, Norway who will be in town this week, a contingent from Oslo Innovation, a growing business and innovation center in the Sarpsborg community are here this week to work on building concrete and tangible ties between our communities.
He stated he attended the Learning Fair this year, fun and free event for the whole family and almost 2,000 people attended this year, and on Saturday he had the opportunity to recognize the assistance of the area non-profits and many successes in our community that we have seen in the last 7 years, and also honored to have former mayor Pat Owens back in town and proud that we could share some of our accomplishments as a community with her, and thanks to all the volunteers, sponsors and especially the Salvation Army for organizing this event.
Last week Senator Conrad and a rep. from Fannie Mae were in town to help us recognize Community Development Week, the highlight was a tour organized by the Urban Development staff and some of the affordable housing and neighborhood revitalization efforts that are underway in our community were seen on the tour. He was impressed with the facilities of the Northland Rescue Mission and appreciate their hospitality and as part of the week's events the City of Grand Forks was presented The Fulfilling American Dream award and presented the award to Greg Hoover and the entire office of Urban Development in recognition of all their efforts.

HOLD PUBLIC HEARING ON 2003 CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT

The staff report from the Office of Urban Development, relating to the public hearing on the 2003 Consolidated Annual Performance Evaluation Report (CAPER), with recommendation to hold the public hearing. The Consolidated Plan is the City's overall strategy for using HUD funds for a 5-year period that started in Fiscal Year 2000, and the current report evaluates activities undertaken in 2003, including the use of Community Development Block Grant funds.

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

It was moved by Council Member Gershman and seconded by Council Member Kreun to accept Report. Carried 7 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 148, PROJECT NO. 5479

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 148, Project No. 5479, street lighting in Cornerstone Estates Addition, on Vineyard Drive from Cherry Street to 55th Avenue South, on Vineyard Circle and on Beacon Circle, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8454- Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 148, Project No. 5479, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 140, PROJECT NO. 5511

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 140, Project No. 5511, street lighting on Pembrooke Drive from 36th Avenue South to Lot 22, Block 1 of Columbia Park 29th Addition; on Haleigh Drive from Pembrooke Drive to 40th Avenue South and on Mulberry Drive from Pembrooke Drive to 40th Avenue South, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8455 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 140, Project No. 5511, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 141, PROJECT NO. 5618

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 141, Project No. 5618, street lighting on Cherry Street from Southend Drainway to 55th Avenue South, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8556 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 141, Project No. 5618, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 142, PROJECT NO. 5619

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 142, Project No. 5619, 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, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8457 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 142, Project No. 5619, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 143, PROJECT NO. 5620

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 143, Project No. 5620, street lighting on Curran Court from 47th Avenue South to 1100 feet south of 47th Avenue South, and on 48th Avenue South from Curran Court to 150 ft. east of Curran Court, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8458 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 143, Project No. 5620, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 144, PROJECT NO. 5621

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 144, Project No. 5621, street lighting on Reummele Road from South 34th Street to 40th Avenue South, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8459 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 144, Project No. 5621, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 145, PROJECT NO. 5622

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 145, Project No. 5622, street lighting on South 34th Street from 36th Avenue South to Reummele Road, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8460 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 145, Project No. 5622, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 146, PROJECT NO. 5623

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 146, Project No. 5623, street lighting on Pines Circle, and on 49th Avenue South from Cherry Street to 530 ft. west of Cherry Street, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8461 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 146, Project No. 5623, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 147, PROJECT NO. 5624

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 147, Project No. 5624, street lighting on Augusta Drive, north of 62nd Avenue South and east of Columbia Road, had expired on April 8, 2004, and that he had received no written protests.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8462 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Brooks that we find and determine an insufficiency of protest against Street Lighting District No. 147, Project No. 5624, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT FOR VARIOUS
STREET LIGHTING PROJECTS

The city auditor presented and read tabulation of bids which had been received and opened on April 5, 2004 for Street Lighting Projects Nos. 5479, District No. 148; Project No. 5511, District No. 140; Project No. 5618, District No. 141; Project No. 5619, District No. 142; Project No. 5620, District No. 143; Project No. 5621, District No. 144; Project No. 5622, District No. 145; Project No. 5623, District No. 146; and Project No. 5624, District No. 147; at various locations, indicating that RBB Electric, Inc. was the low bidder based upon their bid totaling $202,073.95: Document No. 8463 - Tabulation of Bids.

The city engineer's estimates of total cost on Street Lighting Projects Nos. 5479, 5511, 5618, 5619, 5620, 5621, 5622, 5623 and 5624, in the amount of $256,700.00, was presented and read.

The staff report from the engineering department relating to bids for projects for streets lights in Cornerstone Estates, Project No. 5479, District No. 148; street lights in Columbia Park 29th Addition, Project No. 5511, District No. 140; street lights on Cherry Street from Southend Drainway to 55th Avenue South, Project No. 5618, District No. 141; street lights at 36th Avenue South and South 20th Street, Project No. 5619, District No. 142; street lights in Southbrook Addition, Project No. 5620, District No. 143; street lights on Reummele Road, Project No. 5621, District No. 144; street lights on South 34th Street, Project No. 5622, District No. 145; street lights in Deacon's Gardens, Project No. 5624, District No. 147; street lights in North Pines Resubdivision, project No. 5623, District No. 146; with recommendation to award contract to low bidder, RBB Electric, Inc. in the amount of $202,073.95 which includes the new increase to the contract for the alternate bid for Project No. 5624.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Gershman introduced the following resolution which was presented and read: Document No. 8464 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this resolution awarding the contract for street lighting projects to RBB Electric, Inc. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

APPROVE APPLICATIONS FOR REMODELING
IMPROVEMENTS TO RESIDENTIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings at 3514, 10th Avenue North, 805 Cottonwood Street, 628 5th Avenue South, 612 South 5th Street, 519 North 18th Street, 1610 North 4th Street, 705 North 25th Street, 915 24th Avenue South, 2607 Crescent Drive, and 731 Great Plains Court; with recommendation to grant exemptions of increased value for 3 years.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE LICENSE AGREEMENT WITH PARK DISTRICT
FOR DISC GOLF COURSE IN OLD LINCOLN DRIVE AREA

The staff report from the engineering department relating to license agreement with the Park District for a disc golf course in the old Lincoln Drive neighborhood, with recommendation to approve license agreement with the Grand Forks Park District for operation of a disc (Frisbee) golf course in the former Lincoln Drive Neighborhood area of the Greenway, contingent upon approval by the Grand Forks Park District and the city attorney.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

AWARD BIDS FOR PROJECT NO. 5532, BALING FACILITY
UPGRADE

The staff report from the engineering department relating to consideration of bids for Project No. 5532, Baling Facility Upgrade, with recommendation to award the work for Schedule B-General to Molstad Excavating in the amount of $87,5254.00, Schedule B-Mechanical to Custom Aire, Inc. in the amount of $51,164.00 and Schedule B-Electrical to IES-North Plains, Inc. in the amount of $8,695.00.

Al Grasser, city engineer, reported this is more of an expansion and enhancement to the facility, that they found during the operation there is some cleaning and things not very accessible and this helps make that more accessible and makes repair of equipment easier. Todd Feland, director of public works, reported that the landfill closure has two projects, one would be the landfill closure project and this particular project; that these are the two capital projects that we are going to do related to the baling facility.

It was moved by Council Member Kreun and seconded by Council Member Glassheim 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 and the bids awarded.

AWARD CONTRACT FOR PROJECT NO. 5580,
2004 WATERMAIN REPLACEMENT

The staff report from the engineering department relating to consideration of bids for Project No. 5580, 2004 Watermain Replacement, with recommendation to award contract to low bidder, Molstad Excavation, in the amount of $378,171.00.

It was moved by Council Member Kreun and seconded by Council Member Christensen 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 and the contract awarded.

RECEIVE TABLULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5493, DISTRICT NO. 595

The city auditor presented and read tabulation of bids which had been received and opened on March 15, 2004 for Paving Project No. 5493, District No. 595, paving in Deacon's Gardens, indicating that Tony Anderson Construction was the low bidder based upon their bid in the amount of $271,197.00: Document No. 8465 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 5493, District No. 595, in the amount of
$344,400.00, was presented and read.

The staff report from the engineering department relating to bids for Project No. 5493, District No. 595, Deacon's Gardens paving, with recommendation to award contract to low bidder, Tony Anderson Construction, in the amount of $271,197.00.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8466 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution awarding the contract for Paving Project No. 5493, District No. 595, to Tony Anderson Construction be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

AUTHORIZE ADVERTISING FOR ENGINEERING SERVICES
FOR FEDERAL AID PROJECTS

The staff report from the engineering department relating to request for advertising for engineering services for Federal Aid Projects: Point Bridge Rehabilitation, 55th Avenue South, North 20th Street, Columbia Road and 24th Avenue South intersection, and DeMers/42nd Street Underpass; with recommendation to proceed to advertise for engineering services.

Council Member Brooks questioned if criteria developed and what is the process. Mr. Grasser stated on a federal project they take the specific project and request engineers to give proposals and qualifications and put together committee/team to evaluate written proposals as to their qualifications, short list and interview several for each project and committee will make a selection and rank best qualified firm for that particular project, then outline scope of work and negotiate the fees.

It was moved by Council Member Christensen and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.

APPROVE SIGNAL AND ACCESS AT 32ND AVENUE
SOUTH AND SOUTH 24TH STREET CONTINGENT ON
NDDOT CONCURRENCE AND FUNDING OF IMPROVEMENTS
AND DESIGN ENGINEERING BY WAL-MART

The staff report from the engineering department relating to request by Wal-Mart for signal and access at 32nd Avenue South and South 24th Street, with recommendation to approve signal and access contingent on ND Department of Transportation concurrence and full funding of improvements and design engineering by Wal-Mart.

Council Member Kreun reported he had mentioned some of the issues at the last committee of the whole meeting, that the TAC committee had worked out most of those issues in parking and service road in that area and would like to make the motion for the recommendation except to add in the second drive lane parking towards their service road, that we widen that 3 feet as they have agreed to that but want to include in the motion. Mr. Grasser asked if they could include in the motion a minimum of 3 feet because last discussions had were taken from 25 to 29 ft. which would be 4 feet so if motion would be a minimum of 3 feet would work. Council Member Kreun stated a minimum of 4 feet if they are going to do that. Council Member Kreun moved approval of the recommendation and to add in the second drive lane inclusion to widen the service road with a minimum of four feet and seconded by Council Member Christensen.

Council Member Christensen asked who is paying for the stop light; Mr. Grasser stated that is an issue, conceptually the answer is Wal-Mart; but have a series of steps we have to go through, and first question is if they are allowed to put one in, that in preliminary discussions they stated they are prepared to pay for those costs. He also noted that the State has not approved this as yet and will make the final decision.

Dennis Potter, city planner, stated that on the drive isle he heard a minimum of 4 feet, but that they are at 29 ft. now and doesn't know if that is 3 or 4 ft. and asked if the motion could read 29 feet. Council Member Kreun stated when they went through the process, they widened the isle in front of the building and widened the service road to make access easier to get to the service road and whether 3 or 4 feet is fine so that it works out, and whichever way is 29 ft. and will make that motion if the second will agree with that, Council Member Christensen agreed.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE AMENDMENT TO COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT
WITH NDDOT FOR PROJECT NO. 5287

The staff report from the engineering department relating to amendment to Cost Participation, Construction and Maintenance Agreement for Project No. 5287, Johnson's Linear Park Bikepath, with recommendation to approve and authorize the execution of the amended Cost Participation and Maintenance Agreement with the North Dakota Department of Transportation, (80.93% federal and 19.07% local and estimated cost of $105,000), contingent on final review by the city attorney.

It was moved by Council Member Kreun and seconded by Council Member Christensen 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.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5605, DISTRICT NO. 430

The staff report from the engineering department relating to creating special assessment district for Project No. 5605, District No. 430, storm sewer on 36th Avenue South, with recommendation to approve engineer's report, create special assessment district, and direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5605, District No. 430.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8467 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5605, DISTRICT NO. 430

The city auditor presented and read the engineer's report on Sewer Project No. 5605, District No. 430: Document No.8468 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5605, DISTRICT
NO. 430

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8469 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5606, DISTRICT NO. 599

The staff report from the engineering department relating to creating special assessment district for Paving Project No. 5606, District No. 599, paving South 42nd Street (500 feet south of centerline of 32nd Avenue South to south property line of Lot 4, Block 1 of Columbia Park 28th Addition), 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. 5606, District No. 599.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8470 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5606, DISTRICT NO. 599

The city auditor presented and read the engineer's report on Paving Project No. 5606, District No. 599: Document No. 8471 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5606, DISTRICT NO. 599
Council Member Kreun introduced the following resolution of necessity, which was presented and read: Document No. 8472 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5661, DISTRICT NO. 600

The staff report from the engineering department relating to creating special assessment district for Paving Project No. 5661, District No. 600, paving 36th Avenue South from South 42nd Street to west property line of Lot 4, Block 1, Columbia Park 28th Addition, 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. 5661, District No. 600.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8473 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5661, DISTRICT NO. 600

The city auditor presented and read the engineer's report on Paving Project No. 5661, District No. 600: Document No. 8474 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5661, DISTRICT NO. 600

Council Member Kreun introduced the following resolution of necessity, which was presented and read: Document No. 8475 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5628, DISTRICT NO. 597

The staff report from the engineering department relating to creating special assessment district for Paving Project No. 5628, District No. 597, alley paving between Almonte Avenue and Lanark Avenue from 10th Avenue South to 11th Avenue South, 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. 5628, District No. 597.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8476 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5628, DISTRICT NO. 597

The city auditor presented and read the engineer's report on Paving Project No. 5628, District No. 597: Document No. 8477 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5628, DISTRICT NO. 597

Council Member Kreun introduced the following resolution of necessity, which was presented and read: Document No. 8478 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5666, DISTRICT NO. 432
The staff report from the engineering department relating to creating special assessment district for Sewer Project No. 5666, District No. 432, sanitary sewer for Southbrook First Addition, from west property line of Lot 31, Block 3 extending east and north along Curran Court to 48th Avenue South, 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. 5666, District No. 432.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8479 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5666, DISTRICT NO. 432

The city auditor presented and read the engineer's report on Sewer Project No. 5666, District No. 432: Document No. 8480 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5666, DISTRICT
NO. 432

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8481 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5667, DISTRICT NO. 282

The staff report from the engineering department relating to creating special assessment district for Watermain Project No. 5667, District No. 282, watermain in Southbrook First Addition, from west property line of Lot 31, Block 3 extending east and north along Curran Court to 48th Avenue South, 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. 5667, District No. 282.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8482 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT NO.
5667, DISTRICT NO. 282

The city auditor presented and read the engineer's report on Watermain Project No. 5667, District No. 282: Document No. 8483 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 5667, DISTRICT
NO. 282

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8484 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5668, DISTRICT NO. 433

The staff report from the engineering department relating to creating special assessment district for Sewer Project No. 5668, District No. 433, storm sewer in Southbrook First Addition, from west property line of Lot 3, Block 2 extending east and north along Curran Court to north property line of Lot 10, Block 2, and from Curran Court to the Southend Drainway between Lots 41 and 42, Block 3, 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. 5668, District No. 433.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8485 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kreun that this resolution be adopted. 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 and the resolution adopted.


ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5668, DISTRICT NO. 433

The city auditor presented and read the engineer's report on Sewer Project No. 5568, District No. 433: Document No. 8486 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5668, DISTRICT
NO. 433

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8487 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5650, DISTRICT NO. 428

The staff report from the engineering department relating to creating special assessment district for Sewer Project No. 5650, District No. 428, sanitary sewer in Columbia Park 29th Addition, Pembrooke Drive from 176 ft. west of Brookshire Drive to South 20th Street, and on Brookshire Drive and Pendleton Drive, 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. 5650, District No. 428.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8488 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kreun that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5650, DISTRICT NO. 428

The city auditor presented and read the engineer's report for Sewer Project No. 5650, District No. 428: Document No. 8489 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5650, DISTRICT
NO. 428

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8490 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5651, DISTRICT NO. 280

The staff report from the engineering department relating to creating special assessment district for Watermain Project No. 5651, District No. 280. watermain in Columbia Park 29th, on Pembrooke Drive 130 ft. west of Brookshire Drive to South 20th Street, and on Brookshire Drive and Pendleton Drive, 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. 5651, District No. 280.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8491 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kreun that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 5651, DISTRICT NO. 280

The city auditor presented and read the engineer's report to prepare plans and specifications, which was presented and read: Document No. 8492 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 5651,
DISTRICT 280

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8493 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5652, DISTRICT NO. 429

The staff report from the engineering department relating to creating special assessment district for Sewer Project No. 5652, District No. 429, storm sewer in Columbia Park 29th Addition, on Pembrooke Drive 127 ft. east of Brookshire Drive to South 20th Street, and on Brookshire Drive and Pendleton Drive, 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. 5652, District No. 429.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8494 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kreun that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5652, DISTRICT NO. 429

The city auditor presented and read the engineer's report for Sewer Project No. 5652, District No. 429: Document No. 8495 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5652, DISTRICT
NO. 429

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8496 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET IMPROVEMENT PROJECT NO. 5319, DISTRICT NO. 89

The staff report from the engineering department relating to creating special assessment district for Street Improvement Project No. 5319, District No. 89, mill and overlay with some of full depth patching and replacement on South Cottonwood Street (4000 to 4300 blocks), Walnut Street (4000 to 4300 blocks), Grassy Hills Lane (300 and 400 blocks), Circle Hills Drive (300 block), Windward Hills Drive (300 block) Plain Hills Drive (300 to 600 blocks), Level Plains Circle, 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. 5319, District No. 89.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, 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 7 votes affirmative.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8497 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, STREET IMPROVEMENT
PROJECT NO.5319, DISTRICT NO. 89

The city auditor presented and read the engineer's report for Street Improvement Project No. 5319, District No. 89: Document No. 8498 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.

APPROVE RESOLUTION OF NECESSITY, STREET
IMPROVEMENT PROJECT NO. 5319, DISTRICT NO. 89

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8499 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 and the resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5604, DISTRICT NO. 281

The city engineer's estimate of total cost of the construction of watermain in South 42nd Street and 36th Avenue South, in the amount of $137, 828.00, was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5604, District No. 281, watermain on South 42nd Street and 36th Avenue South, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8500 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Carried 7 votes affirmative.

APPROVE FINAL CERTIFICATION OF INFRASTRUCUTE
CONNECTION FEES (TAPPING), WATERMAIN PROJECT
NO. 4916, DISTRICT NO. 270

The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 4916, District No. 270, watermain on North 48th Street from Gateway Drive to approximately 800 feet north, with recommendation to approve final certification of connection fees for Project No. 4916.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE FINAL CERTIFICATION OF INFRASTRUCTURE
CONNECTION FEES (TAPPING), WATERMAIN PROJECT
NO. 5136, DISTRICT NO. 271

The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 5136, District No. 271, watermain on North 69th Street from U.S. Highway 2 to Burlington Northern Railroad, with recommendation to approve final certification of connection fees for Project No. 5136.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE FINAL CERTIFICATION OF INFRASTRUCTURE
CONNECTION FEES (TAPPING), SEWER PROJECT NO.
4915, DISTRICT NO. 408

The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 4915, District No. 408, sanitary sewer on 17th Avenue from North 48th Street to North 52nd Street, with recommendation to approve final certification of connection fees for Project No. 4915.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

ACCEPT PROPOSAL FOR SALE/RELOCATION OF
PROPERTY AT 1508 LEWIS BOULEVARD

The staff report from the urban development director relating to request for proposals for sale/relocation of 1508 Lewis Blvd., with recommendation to accept proposal submitted by Wayne and Maureen Riley and authorize staff to proceed with the sale.

Council Member Gershman reported they had received some additional information today and he has a concern - that the evaluation will be based on three issues: 1) review of the relocation rehabilitation strategy for compatibility, completeness, timeliness and the proposers understanding of the scope of the project; 2) proposer's financial capacity; and 3) amount of the bid; and would like more discussion because the difference in the bid is $13,000 which is significant amount of money relative to the other bids, it appears that Mr. McHugh who had the highest bid has a grasp as to what the City wants and complied with the request but the other party bid $37,500 and are qualified and added some extra things to the bid proposal that were an embellishment. He stated it seems that Mr. McHugh would do good job on the house and understands the landscaping, etc. and it is $13,000 more, that price is one of the three criteria.

Council Member Brooks stated there is $13,000 difference but there are other factors that he goes back to - that it was an RFP and other criteria developed that the three committee members evaluated and there was an established rating system and is a process that has been done before and the people who evaluated the proposals were qualified and made a choice. He stated his one concern was to have data established to back it up and didn't have that.

Council Member Glassheim stated the part of the RFP stated that the goals of this program are to insure the successful relocation of the home and to provide for its long term preservation as a single-family owner occupied residence, preserve and enhance the fabric of the neighborhood in which it is located and restore the City's tax base, and the proposal that best addresses these goals will receive the highest ranking, price is only one review criteria. He pointed out that the committee was unanimous, that it consisted of an architect, a Historical Preservation person and urban development person. He stated he went back and read several of the proposals, nothing wrong with anybody's proposal but in terms of strength, visualizing what would be best for the neighborhood, etc. it seemed to him that the committee's recommendation was good, and satisfied that it was done adequately and the right decision was reached.

Greg Hoover, Urban Development Director, reported that in the review process the committee looked at all the site plans and based on that and other criteria made a decision that the proposal they recommended was the strongest proposal. He stated that the decision was unanimously made to recommend the Riley's as the strongest proposal and to forward that onto the council, the meeting after that decision was made, talked about the issue with the lot next door and as they adjourned the meeting, asked staff to contact the Riley's to see if they would consider flip-flopping the site plan (driveways) but not a requirement and is something they could do on their own and decision was made only on the proposal that had been submitted.

Council Member Gershman moved that we award to Mathew McHugh. The motion died for lack of a second.

Peg O'Leary, Grand Forks Historic Preservation Commission, spoke to the process; that the RFP and the reviewers were approved by council, the process was approved by council, that the committee reviewed the proposals and reached independently what turned out to be a unanimous decision based on the criteria and the submitted proposals and thinks that is the appropriate approach to an RFP, and if a problem with the process Mr. Swanson would have brought it up earlier. She stated that going back on this would set a difficult precedent to set with RFP's, and perhaps look at the process and if it has a failing in it do that.

Council Member Kerian moved approval of the recommendation and acceptance of the Riley's proposal; Council Member Glassheim seconded the motion.

Maureen and Wayne Riley stated they were awarded the house initially and that they are excited about having this home, that they put a picture of themselves into this bid and took care and energy to do that, and hoped that the council would award them the house.

Council Member Hamerlik asked of anybody who has spoken if there was any reason to believe there was a conflict of interest by any person, if there was any conflict of interest that was involved. There were no comments.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

CONFIRM MEMBERSHIP OF DOWNTOWN STUDY
GROUP

The staff report from the mayor's office relating to the Downtown Study Group, with recommendation to confirm membership: Council Members Glassheim, Christensen; Dan Sampson, Betsy Perkins, Mary Blomdahl, Lonnie Laffen, Bob Noblin, Adam Baker, Jim Hawley, Jeff Schatz, Kris Compton and Mark Schill.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE CONDITIONAL USE PERMIT TO ALLOW
DOG DAYCARE AND BOARDING FACILITY AT 1515
DEMERS AVENUE

The staff report from the Planning and Zoning Commission relating to the request from Sue Christopherson and Jan Ress on behalf of Scott Reierson for approval of a conditional use permit to allow a dog daycare and boarding facility in the B-3 (General Business) District as required by Section 18-0216 (3)(L) of the Grand Forks Land Development Code, for Lots 160-164, Block E, Willmar Addition, Grand Forks, ND (located at 1515 DeMers Avenue), with recommendation to grant final approval to the request for the conditional use permit, subject to the conditional use permit provisions shown on or attached to the site plan.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE PETITION FOR VACATION OF PARTS
OF NORTH 14TH AND NORTH 15TH STREETS IN
BUDGE & ESHELMAN'S 3RD ADDITION

The staff report from the Planning and Zoning Commission relating to the petition from Jon Larson and Van Larson on behalf of the Sure Foot Corp for approval to vacate port of the westerly twenty feet of North 14th Street from Dyke Avenue south to the BNSF right of way and all of North 15th Street from Dyke Avenue south to the BNSF right of way adjacent to Lots 1-12, Block 16, Budge and Eshelman's 3rd Addition (located east and west of 1401 Dyke Avenue), with recommendation to set a public hearing date as required by law.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be pushed as required. Carried 7 votes affirmative.

ACCEPT PETITION TO VACATE ALL OF PINE CIRCLE
R/W AND ADJACENT UTILITY EASEMENTS THERETO
IN LOTS 26-33, BLOCK 2, PERKINS FOURTH ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Scott Stauss on behalf of the Hampton Corporation for approval to vacate all of Pine Circle right of way and adjacent utility easements thereto in Lots 26-33, Block 2, Perkins Fourth Addition (located in the 3000 block of 40th Avenue South), with recommendation to set a public hearing date as required by law.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be pushed as required. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF FAIRGOUNDS
THIRD RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Jerry Pribula on behalf of Grand Forks County for preliminary approval of Fairgrounds Third Resubdivision, being a replat of Lot 1, Block 4 of a replat of Block 4 of Fairgrounds Subdivision to the city of Grand Forks, ND (located at U.S. Highway 81, North Columbia Road and Gateway Drive), with recommendation to give preliminary approval to the Resubdivision, subject to the conditions shown on or attached to the review copy including an ordinance amending the Street and Highway Plan and schedule a public hearing for May 17, 2004.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

Council Member Gershman introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Fairgrounds Third Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE SHADY RIDGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
SHADY RIDGE FIFTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Jon Ramsey on behalf of Lavonne K. Adams for preliminary approval of an ordinance to amend the zoning map to exclude from the Shady Ridge PUD (Planned Unit Development) Concept Development Plan and include in the Shady Ridge PUD (Concept Development Plan), Amendment No. 1, all of Shady Ridge Fifth Resubdivision to the city of Grand Forks, North Dakota, with recommendation to deny preliminary approval of the ordinance.

Council Member Kreun reported that the recommendation from Planning and Zoning Commission was to deny the preliminary approval, the reason for that was that there is a larger issue which had been discussed several times on how to provide services to those pieces of property out there, that they held a service/safety standby committee meeting to address those issues and the basic issue of how to provide water, sanitary sewer, etc. and discussed proposals and the PUD Development Plan which is before us and also for future development of that area which is effective in 2014 and should these services be provided and it was committee's recommendation to the council to provide those services to that whole general area when they asked to come in and be annexed and to provide those services to the areas that are already in the city limits, and if concur with that, to overturn the Planning and Zoning recommendation and give preliminary instructions to go ahead with the change in the PUD

Council Member Kreun moved to overturn the Planning and Zoning recommendation and to recommend in a separate issue that we go forward with sanitary sewer services in the city in that general area so that they would be provided those services down the road. Council Member Kerian seconded the motion.

Council Member Gershman stated that in the committee minutes it stated that the city attorney recommended against maintenance of the dike because of liability issues and if that will be addressed; Council Member Kreun stated that is not part of the proposal; and that this development area would be in the normal process that we do in any other development, the major concern was that a lot of this is on the unprotected side of our permanent dike system, that we do have city property that has already been developed prior to this and was in a developmental mode and that is what increases this to the portion that will be coming in the year 2014 and has to be provided these services so when looked at the area within the Shady Ridge Estates felt that it was more prudent to give proper services

Mr. Swanson stated that the two issues in the motion are incompatible, the first motion with respect to the zoning requires an ordinance change giving preliminary approval and that should be a separate self-standing motion, and any motion with respect to public works or sanitary services should be a separate motion.

Council Member Kreun moved to separate the two issues and moved to override the recommendation from Planning and Zoning and to approve preliminary approval of the ordinance. Council Member Kerian seconded the motion.

Council Member Christensen asked that if they approve this tonight how does this tie into the septic issues that was the reason for the Planning and Zoning voting it down, wants to make sure that we don't get into a situation where we approve this and give them the R-2 zoning they are looking for but they still can't build because they don't meet the County requirements for the sewer. Mr. Grasser stated that the issue that occurred on the Planning and Zoning Commission was that we didn't have city utilities to a proposed development that was relatively high density when compare to the rest of the County and the issue was how do you address the facilities and if don't have city sewer the only other option is septic tank and drain field, and that the Planning and Zoning Commission will no longer have that concern because they eliminated the septic system from the discussion because replacing it with standard city sanitary sewer.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

Council Member Gershman 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 Shady Ridge PUD (Planned Unit Development), Concept Development Plan and to include within the Shady Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Shady Ridge Fifth Resubdivision to the city of Grand Forks, North Dakota", was presented, read and passed on its first reading.

Council Member Kreun moved to direct staff to proceed with the process for the city sanitary and water systems to be developed to service that particular area. Council member Christensen seconded the motion.

Council Member Kerian stated that in some of the conversations they have had is assuring that any systems that would be developed would be able to be separated from the rest of the city so as not to have impacts should there be a flooded condition. Mr. Grasser stated there are a number of details that they will follow because it is on the outside of our permanent levee system and some of that will require input from Mr. Swanson and some language installed in the plats as they come through to make sure that we have some redundant systems in there to prevent any impact on the dry side of the levee and perhaps some redundancy systems within the homes themselves if any of them have basements to make sure that they are protected from any backup should the pump station go down or have to segregate that area during a flood.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

SET DATE FOR BOARD OF EQUALIZATION HEARING

Mel Carsen, city assessor, stated he needed dates for the final City Board of Equalization and would suggest May 17, 2004, and to schedule two committee meetings of the finance/development standby committee for the week of May 3 and for the week of May 10, that he plans to take all of the protests except one to the meeting during the week of May 3 and the other protest at the following meeting.

Council Member Hamerlik stated that since there are three members on that committee, need to get their calendars together to have a quorum and if permissible to have the committee chair establish that. Mr. Swanson stated that would be permissible as the council would not set committee meetings, except scheduling the final hearing.

It was moved by Council Member Christensen that the final hearing date for the Board of Equalization be set for May 17, 2004. Council Member Gershman seconded the motion. Carried 7 votes affirmative.

CITIZEN REQUESTS

Melvin Peterson, 2423 University Avenue, spoke relating to the remodeling exemption as he is planning to put a lot of money into his house, and he was referred to the assessing department.

He also stated that before remodeling that he lives near the Human Nutrition Center and they have wanted to buy his property and would talk to them before he intends to put money into the property and never gets anyplace except that he is in the way, that he can't sell for appraisal value because he values it more than that and in talking to them they want to put up a $9 million building they would like to put there and would like to get it started, but can't do it until they have the property and he asked how are they going to solve this, and they say that even if they have acquire the property, it would take a few years and he says he will stay there a few more years and they say they will have the same problem, and one thing is that the rules change on how they would purchase it and afraid that once he gets his money into the property, they may change rules again. Mayor Brown stated that Mr. Carsen would assist him with the City items.

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment No. 04-08, dated April 16, 2004, totaling $675,665.89, and estimate summary in the amount of $19,780.38, were presented and read.

It was moved by Council Member Christensen and seconded by Council Member Kreun 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, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES APRIL 5, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, April 5, 2004, was presented and read. It was moved by Council Member Gershman and seconded by Council Member Brooks that these minutes be approved. Carried 7 votes affirmative.

` CITY COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated that with the discovery of the body of Dru Sjodin and moving into the next phase of that, has been a trying experience for the family, and also for the professionals in our department and other law enforcement agencies that have worked very hard and tremendously hard for them to go through, and would like people to remember them in our prayers as we remember the Sjodin family.

2) Council Member Hamerlik stated that the working session meeting for the council on Wednesday, April 28 is scheduled for 4:30 and if that time is correct. Mayor Brown stated there is a conflict with the ND League of Cities and a memorial service for Dru Sjodin at 4:00 p.m. on April 28 at the University; and the meeting for the 28th has been cancelled. It was noted that the meeting for this week, April 21, has been changed to 5:00 p.m.

3) Council Member Christensen stated that this week was CDBG Week and that they attended a luncheon last week at the Grand Forks Mission and that what has gone on in the last several years with the Mission; the theme of the meeting and the luncheon was a public/private partnership - that we gave them two grants which assisted them in constructing the building they have and the elevator but the non-profit organization that runs the Mission is about to launch a fund drive in the amount of about $350,000 and is to be a great community project for all of us, because how we deal with the lesser unfortunate people in our society is a measure upon this community.

He commended staff in the engineering office for the presentation to residents in his area regarding the rehab. of streets that are in dire need; that Cindy Voigt, Rusten Roteliuk and Al Grasser very prepared in their presentation and thanked them for good job.

4) Council Member Kreun thanked all the people who participated in the celebration this weekend at the Grand Cities Mall, the Salvation Army, was a success and one of the comments re. private/public partnership is that a lot of the non-profits didn't realize the number of non-profits there were and had a chance to network and bring all the things that they do.

5) Council Member Gershman stated that at the celebration heard testimony from a single mother who went through our process in Grand Forks and owns a home, and to see how somebody took the classes and took the time took the initiative with the help of the staff of Urban Development and the message was that how many other people in this community could own a home, that we have programs and affordable housing districts that are being built, and if you have any desire whatsoever to own a home in Grand Forks to come forward, go to Info Center and get those pamphlets and to include in next committee of the whole agenda an item grant $3,000 from Fund 2163 to publish more pamphlets and get those pamphlets out into the community, to realtors, banks, etc. He also noted that Bo Diddley will be at the Empire Theatre for fundraiser on May 15 at 7:30 p.m.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Gershman that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor


Approved:
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Michael R. Brown, Mayor