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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 3, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 3, 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, Kreun - 7; absent: none.

Members of the 2nd grade class at West Elementary School led the city council in the pledge of allegiance to the flag, Ms. Whalen, para/professional. He stated that at ArtWise he picked the Mayor's choice, a picture by Meagan Lund, second grade, that she allowed the Mayor to frame the picture and it will hang in the Mayor's Office in City Hall.

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:
This week is Spring Cleanup and that the City will pick up appliances, other household items , brush, etc. at no cost to the residents (not for commercial locations), and that items should be placed by normal pickup area on your normal pickup day.
Boy Scout Pinewood Derby on Saturday, May 8, and expressed appreciation to Lake Agassiz Northern Lights Council for their interest and dedication for our youth. Mayor Stauss has challenged him in the derby for a race and staff is actively working on building the winning car.
Congratulations to Cirrus and all of our locals who work there for becoming No. 1 in the sale of airplanes in their field.

Mayor Brown turned the floor over to the Greater Grand Forks Friends of First Night for a special presentation. Jay Omlie stated he was here on behalf of the Board of Directors of Friends of First Night to say thank you to the City of Grand Forks and to present a plaque commemorating ten years of support for First Night Greater Grand Forks, that have had ten successful years, each year building upon the last and think this year even greater, and presented plaque to Mayor Brown.

He stated they have a very good meeting in Washington, D. C. last week and thanked Mayor Stauss and his staff for accompanying him and his staff for presentation on flood project completion.

MONTHLY FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, reported they have video presentation tonight, and that most of the sites listed in the report are active and North 3rd Street section will become active shortly, otherwise continue to see them making their focus in Belmont Coulee, Sunbeam, 3rd Street and Reeves Drive areas where floodwalls are going up.

Council Member Glassheim asked when project on 3rd Street will start. Mr. Grasser stated they are working on discharge chambers and structure; next phase will begin next week starting where finished last year and continue south to the Chamber of Commerce building where there is a main storm sewer that needs to go in; then start work on the floodwall, removing and replacing and repairing 3rd Street, and that is scheduled to happen this construction season.
A short video was presented.

Melanie Parvey-Biby, greenway coordinator, stated that in addition to the five acres that the Friends of the Greenway and Xcel Energy planted last Friday, they will be hosting the ND Forest Service along with the local contractor and doing six additional sites designated along the Red River in Grand Forks in the next couple weeks with same type of restoration. Last week they hosted a tour of potential sites for the northend boat ramp by land and by water, accompanied by the ND Game & Fish, Red River Hookers organization and the Grand Forks County Water Resource District board members, that the ND Game & Fish is recommending the site slightly north of Riverside Dam, which will compliment the recreation facilities that will be developed in that area as part of Phase 3; there is a parking lot and trail head facility at Riverside Dam that will connect up to the pedestrian bridge, pedestrian bridges are scheduled to be bid out this year and could be a lot of construction in that area. She stated the intent is to bring the location as well as the grant, and plans and specs. for approval before council, then finish the design and bid out the project for construction in August or September so most of the construction can be done in 2004.

Council Member Christensen asked if building the pedestrian bridges at the same time; and that at one point were talking about trying to have parts of the greenway become a state park and if they were going to clean that up and make some type of park there besides the boat ramp, and if not, suggested they think about that. Ms. Biby stated they could possibly see construction of the bridges this fall and either in the north or south end of Grand Forks, the two pedestrian bridges will be bid out as a project at the same time; and the only plans for that area include clearing and grubbing as have to do that for leveling off some of the bank to allow for the ramp to be installed there, and no plans beyond putting in parking lots for the boat ramp and trailhead facility.

Council Member Christensen asked for status of dog park. Ms. Biby stated they have been working with the Park District and the local organization, Roaming Paws, on trying to designate a location - couple sites that are of interest: in the greenway in Central Park and one in the west part of Grand Forks at 24th Avenue South and 34th Street; the Park District was looking at other options within the city park system as to what they felt was appropriate and if able to do the development in Central Park, would need to wait until the construction is done in that area before adding any additional facilities because the levee has to be moved landward and the trail has to be built in that area, and in our best interest to wait until construction done - Central Park is part of Phase III.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING TO
AUGUSTA DRIVE

The staff report from Inspections Division to hold public hearing for moving permit application to move two-unit townhouse from 2385/2389 Belmont Road to 2635/2647 Augusta Drive to be used as a two-unit townhouse, with recommendation to approve the moving permit. The application had been published and posted as required.

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

It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and further that the applicant is authorized to move the building subject to meeting any conditions established. Carried 7 votes affirmative.
HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING TO
AUGUSTA DRIVE

The staff report from Inspections Division to hold public hearing for moving permit application to move two-unit townhouse from 2387/2391 Belmont Road to 2611/2623 Augusta Drive to be used as a two-unit townhouse, with recommendation to approve the moving permit. The application had been published and posted as required.

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

It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and further that the applicant is authorized to move the building subject to meeting any conditions established. Carried 7 votes affirmative.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING TO
AUGUSTA DRIVE

The staff report from Inspections Division to hold public hearing for moving permit application to move two-unit townhouse from 2377/2381 Belmont Road to 2659/2661 Augusta Drive to be used as a two-unit townhouse, with recommendation to approve the moving permit. The application had been published and posted as required.

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

It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and further that the applicant is authorized to move the building subject to meeting any conditions established. Carried 7 votes affirmative.

APPROVE APPLICATION TO TRANSFER ALCOHOLIC
BEVERAGE LICENSE TO J & M RESTAURANT, INC.
DBA JOE DIMAGGIO'S SPORTS CAFÉ,118 N. 3RD STREET

The staff report from the finance department relating to the application for transfer of alcoholic beverage license - Class 4, Food & Beverage Establishment, from Jodi DiMaggio and Gary Cariveau dba Joe DiMaggio's Sports Café to J & M Restaurant, Inc. dba Joe DiMaggio's Sports Café, 118 North 3rd Street, with recommendation to approve transfer of the license to J & M Restaurant, Inc. dba Joe DiMaggio's Sports Café, 118 North 3rd Street, contingent upon review and approval by the city attorney and approval by appropriate departments and payment of fees.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to approve the application for transfer of the alcoholic beverage license.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Glassheim and seconded by Council Member Hamerlik. Carried 6 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5517, DISTRICT NO. 592

The staff report from the engineering department relating to creating special assessment district for Project No. 5517, Promenade 1st Addition paving, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction for Project No. 5517, District No. 592.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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 Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8501 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5517, DISTRICT NO. 592

The city auditor presented and read the engineer's report on Paving Project No. 5517, District No. 592: Document No. 8502 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5517, DISTRICT NO. 592

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8503 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5653, DISTRICT NO. 598

The staff report from the engineering department relating to creating special assessment district for Project No. 5653, District No. 598, Columbia Park 29th paving - Pembrooke Drive, 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 for Project No. 5653, District No. 598.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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 Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8504 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5653, DISTRICT NO. 598

The city auditor presented and read the engineer's report on Paving Project No. 5653, District No. 598: Document No. 8505 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 5653, DISTRICT NO. 598

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8506 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5603, DISTRICT NO. 602

The staff report from the engineering department relating to creating special assessment district for Project No. 5603, District No. 602, Birkholz Homestead Addition paving (Lydia Circle), with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction for Project No. 5603, District No. 602.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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 Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8507 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5603, DISTRICT NO. 602

The city auditor presented and read the engineer's report on Paving Project No. 5603, District No. 602: Document No. 8508 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 5603, DISTRICT NO. 602

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8509 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5669, DISTRICT NO. 601

The staff report from the engineering department relating to creating special assessment district for Project No. 5669, District No. 601, Southbrook Addition, paving Phase II (Curran Court), with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction for Project No. 5669, District No. 601.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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 Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8510 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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. 5669, DISTRICT NO. 601

The city auditor presented and read the engineer's report on Paving Project No. 5669, District No. 601: Document No. 8511 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 5669, DISTRICT NO. 601

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8512 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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 APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5605, DISTRICT NO. 430

The city engineer's estimate of total cost of the construction of storm sewer on 36th Avenue South in the amount of $129,856.65, was presented and read.

The staff report relating to plans and specifications for Project No. 5605, District No. 430, storm sewer on 36th Avenue South, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8513 - Resolution.

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


ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5606, DISTRICT NO. 599

The city engineer's estimate of total cost of the construction of paving South 42nd Street in the amount of $159,725.21, was presented and read.

The staff report relating to plans and specifications for Project No. 5606, District No. 599, paving South 42nd Street, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8514 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5661, DISTRICT NO. 600

The city engineer's estimate of total cost of the construction of paving South 36th Avenue South in the amount of $51,895.20, was presented and read.

The staff report relating to plans and specifications for Project No. 5661, District No. 600, paving 36th Avenue South, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8515 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5628, DISTRICT NO. 597

The city engineer's estimate of total cost of the construction of alley paving between Almonte Avenue and Lanark Avenue from 10th Avenue South to 11th Avenue South in the amount of $32,208.75, was presented and read.

The staff report relating to plans and specifications for 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 adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8516 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5666, DISTRICT NO. 432

The city engineer's estimate of total cost of the construction of sanitary sewer for Southbrook First addition in the amount of $110,194.35, was presented and read.

The staff report relating to plans and specifications for Project No. 5666, District No. 432, sanitary sewer for Southbrook First Addition, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8517 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5667, DISTRICT NO. 282

The city engineer's estimate of total cost of the construction of watermain for Southbrook First Addition in the amount of $41,920.20, was presented and read.

The staff report relating to plans and specifications for Project No. 5667, District No. 282, watermain for Southbrook First Addition, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8518 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5668, DISTRICT NO. 433

The city engineer's estimate of total cost of the construction of storm sewer for Southbrook First Addition in the amount of $85,821.75, was presented and read.

The staff report relating to plans and specifications for Project No. 5668, District No. 433, storm sewer for Southbrook First Addition, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8519 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5650, DISTRICT NO. 428

The city engineer's estimate of total cost of the construction of sanitary sewer in Columbia Park 29th Addition on Pembrooke Drive, Brookshire Drive and Pendleton Drive, in the amount of $235,473.00, was presented and read.

The staff report relating to plans and specifications for Project No. 5650, District No. 428, sanitary sewer in Columbia Park 29th Addition on Pembrooke Drive, Brookshire Drive and Pendleton Drive, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8520 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5651, DISTRICT NO. 280

The city engineer's estimate of total cost of the construction of watermain in Columbia Park 29th Addition on Pembrooke Drive, Brookshire Drive and Pendleton Drive, in the amount of $168,430.50, was presented and read.

The staff report relating to plans and specifications for Project No. 5651, District No. 280, watermain in Columbia Park 29th Addition on Pembrooke Drive, Brookshire Drive and Pendleton Drive, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8521 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5652, DISTRICT NO. 429

The city engineer's estimate of total cost of the construction of storm sewer in Columbia Park 29th Addition on Pembrooke Drive, Brookshire Drive and Pendleton Drive, in the amount of $81,180.75, was presented and read..

The staff report relating to plans and specifications for Project No. 5652, District No. 429, storm sewer in Columbia Park 29th Addition on Pembrooke Drive, Brookshire Drive and Pendleton Drive, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8522 - Resolution.

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


ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET IMPROVEMENT PROJECT NO. 5319, DISTRICT NO. 89
The city engineer's estimate of total cost of the construction of street improvements Sunbeam Addition west of Belmont Road, in the amount of $375,652.75, was presented and read.

The staff report relating to plans and specifications for Project No. 5319, District No. 89, street improvements for Sunbeam Addition, west of Belmont Road, with recommendation to adopt resolution approving 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 Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8523 - Resolution.

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

AWARD CONTRACTS FOR PROJECT NO. 5574, ASPHALT
STREET REPAIRS, AND PROJECT NO. 5590, BIKEPATH
MAINTENANCE AND CONSTRUCTION

The staff report from the engineering department relating to consideration of bids for Project No. 5574, 2004 Asphalt Street Repairs, and Project No. 5590, 2004 Bikepath Maintenance and Construction, with recommendation to award contract to low bidder.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved and the contract awarded to Aggregate Industries N.C.R., Inc. in the amount of $24,344.00 for Project No. 5574 and $19,240.00 for Project No. 5590, for a total bid of $43,584.00. 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.

AWARD CONTRACT FOR PROJECT NO. 5578, 2004
SANITARY SEWER REPAIRS AND PROJECT NO. 5579,
2004 STORM SEWER REPAIRS

The staff report from the engineering department relating to consideration of bids for Project No. 5578, 2004 Sanitary Sewer Repairs, and Project No. 5579, 2004 Storm Sewer Repairs, with recommendation to award contract to low bidder.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved and the contract awarded to Molstad Excavating, Inc. in the amount of $31,352.00 for Project No. 5578 and $47,670.00 for Project No. 5579, for a total bid of $79,022.00. 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.

APPROVE BUDGET AMENDMENTS
The staff report from the police department relating to budget amendment in the amount of $76,657.00, with recommendation to approve the budget amendment to use cash carryover funds for the purchase of four police package sedans and a compact, extended cab, four-wheel drive pickup from Rydell Chevrolet.

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

The staff report from the finance department relating to budget amendment, Department of Finance and Administrative Services in the amount of $49,944.20 ($46,501.36 for special police services and contributions for FICA-OASDI and FICA-Med in the amounts of $2,790.29 and $652.55), with recommendation to approve revenue and expense from January 1, 2004 through March 31, 2004 for special events, and transfer from Fund 2163, contributions line item for amount not billable.

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

APPROVE ELECTION OFFICIALS FOR PRIMARY
ELECTION

The staff report from the mayor's office relating to election officials (inspectors) for the June 8, 2004 primary election, with recommendation to approve list of election officials (Document No. 8524 - Listing).

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

APPROVE REQUEST BY ECONOMIC DEVELOPMENT
CORPORATION FOR GROWTH FUNDS

The staff report from the urban development director relating to Growth Fund request from the Grand Forks Regional Economic Development Corporation (EDC), with recommendation to approve the request and allocate $94,600 to EDC from Fund 2163.

It was moved by Council Member Hamerlik 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.

AFFORDABLE HOUSING PAMPHLETS

The staff report from the city council relating to affordable housing pamphlets, with recommendation to authorize the expenditure of $3,000 from Economic Development funds for the publication of affordable housing pamphlets.
There was no recommendation or action by the city council as this will be handled internally by the urban development department.

COUNCIL MEMBER HAMERLIK EXCUSED

APPROVE ENGINEERING AGREEMENT WITH
WEBSTER, FOSTER & WESTON FOR DESIGN AND
BID PHASE SERVICES, PROJECT NO. 5676

The staff report from the engineering department relating to design engineering services agreement with Webster, Foster & Weston for Project No. 5676, Pump Station 42 and Forcemain, with recommendation to approve engineering agreement with Webster, Foster & Weston for Project No. 5676, Pump Station 42 and Forcemain in the amount not to exceed $64,643.00.

Todd Feland, director of public works, asked the council to include in the motion associated budget amendment - $64,643.00 from cash carryover to pay design engineering services for Pump Station #42 and Forcemain, Project No. 5676.

It was moved by Council Member Brooks and seconded by Council Member Kreun that the recommendation be approved and to include the budget amendment in the amount of $64,643.00 from cash carryover to work in progress. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the agreement approved and the budget amendment approved.

APPROVE ENGINEERING AGREEMENT WITH CPS,
INC. FOR DESIGN AND BID PHASE SERVICES FOR
SEWER AND WATERMAIN PROJECTS 5677 AND 5678

The staff report from the engineering department relating to design engineering services agreement with CPS, Inc. for Project No. 5677 and 5678, sanitary sewer and watermain for Adams Drive, with recommendation to approve engineering agreement with CPS, Ltd. for Project Nos. 5677 and 5678, sanitary sewer and watermain in the amount not to exceed $44,594.00.

Todd Feland, director of public works, asked the council to include in the motion associated budget amendment - $44,594.00 from cash carryover to pay design and engineering ices for sanitary sewer and watermain. .

It was moved by Council Member Brooks and seconded by Council Member Kreun that the recommendation be approved and to include the budget amendment in the amount of $44,594.00 from cash carryover to work in progress. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the agreement approved and the budget amendment approved.

APPOINTMENT TO CIVIL SERVICE COMMISSION

The staff report from the mayor's office relating to the appointment to the Civil Service Commission, with recommendation to approve reappointment of Patsy Nies to the Civil Service Commission for a three (3) year term.
Council Member Brooks asked if they could have an item of term limits for committees on a future agenda, that most are reappointments but need to have some controls and get some new faces.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE APPOINTMENT TO BOARD OF ADJUSTMENTS

The staff report from the mayor's office relating to appointments to the Board of Adjustments, with recommendation to approve the reappointment of Lynn Vreeland (3-year term), Kent Anderson (3-year term), Bob Kleve (2-year term), Del Scholler (2-year term), Jim Galloway (2-year term) and Mark Peterson (3-year term).

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

APPROVE APPOINTMENTS TO MECHANICAL BOARD

The staff report from the mayor's office relating to appointments to the Mechanical Board, with recommendation to approve the reappointment of Gregg Ehreth and Terrance Grundysen for three-year terms.

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

APPROVE 2004 BEAUTIFICATION PROGRAM

The staff report from the office of urban development relating to the 2004 Beautification Program, with recommendation to approve 2004 Beautification Program budget. Document No. 8525 - Listing.

Council Member Kerian reported that she had asked to see the applications as she has some concerns re process issues with the way this was handled this time, that she doesn't have any concerns about the current proposal for expenditures but asked Ken Polovitz, chairman of the Beautification Commission, if he agrees with the process as several of the committee's recommendations were changed by urban development staff.

Mr. Polovitz gave a brief history of how the process works - that the Chamber of Commerce Beautification Committee has been active for many years and was initiated by interest in doing something about Gateway Drive and that several years ago the City through the budget process earmarked up to 1 mill of funds to go to beautification projects and that has continued until now. He stated that the Chamber committee acted as the focal point for gathering ideas of projects, etc. and there has always been a representatives from Urban Development and the Park District on the committee and have been two major players in the beautification funding process. He stated that Urban Development puts out a notice for applications for projects and that a lot of ideas are initiated by the Urban Development Office, Curt Siewert, or Park District, John Staley, and a lot come from citizens on the committee; committee reviews and ranks and put their recommendations on paper and forward them to Urban Development as it is City money and they rank according to what they feel is viable project and forward to the city council.
Mr. Polovitz stated the item that has been disputed is the Gateway Drive funding and that was changed mostly because there really wasn't a specific plan in place, the application included a plan for some type of welcome sign with no cost estimates or location and that Urban Development staff thought that rather than bringing that item to the council without a specific plan but to come up with a specific plan. He stated that all are good projects but never enough money to do them all. - the Gateway Drive issue is a big issue and Gateway Drive people want to get started, but that the committee didn't feel comfortable coming with a request for $20,000 without something specific. He stated he thinks the process works quite well, that the decisions of the council are final and most of the time comes as recommended by the Chamber committee but that Urban development knows the realities of the funding and bringing a project forward that is doable or complete.

Council Member Gershman stated that a task force had been set up to look at the buildings, codes and his concern is that the conditional use permits coming up in August for some businesses out there that seem to be part of the problem, and need to start talking to those people - that we have made some progress and would like to know where the task force is. Keith Lund, urban development, stated there was a pre-committee and they developed borders or boundaries for the zone that would go from the River to the Airport and that is his understanding of the group's work; that group convened and the task force will be reconstituted and administered through their office, that Greg Hoover and Meredith Richards are going to be primarily responsible for that; and that there would be a large representation from the corridor.

Council Member Brooks stated they are looking at the appearance from the Airport to the Red River, that this is a long area but gateway to the city and presents some problems and have to address, need to have a plan and council wants to work with them by looking at what committee recommendations were, and moved that the city council approve recommendations from the Beautification Committee as presented. The motion died for lack of a second.

It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the 2004 Beautification Program budget (as recommended by Urban Development staff) in the amount of $97,300.00. Upon roll call the following voted "aye": Council Members Glassheim, Gershman, Christensen, Kerian, Kreun - 5; voting "nay": Council Member Brooks - 1. Mayor Brown declared the motion carried.

Mr. Polovitz stated that in addition to items of sign, etc. there are some low cost things that need to be done, such as more active litter pickup out there, better mowing program; that task force will be looking at larger items as salvage yards, vacant property and slum and blight and perhaps using CDBG money.

Council Member Gershman stated that many businesses in town do not cut down giant weeds and recommended the mayor write a letter those businesses suggesting that this year they watch weed control.
Council Member Christensen stated major issue because of the conditional use permits expiring in August, and to address and focus the council and future council's attention on that area of the city and important that the finance/development standby committee consider this issue and that this be a primary focus for the balance of 2004 and into 2005, takes a lot of money and need to search out grants, working with CDBG money and that urban development focus on this.

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment No. 04-09, dated May 3, 2004, totaling $1,254,665.14, and estimate summary in the amount of $473,475.89, and Statement of Changes in Cash Balance, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Brooks 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, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES APRIL 19, 2004
Typewritten copies of the minutes of the city council meeting held on Monday, April 19, 2004, was presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that the minutes be approved. Carried 6 votes affirmative.

COMMENTS BY MAYOR AND/OR COUNCIL MEMBERS

1) Council Member Brooks asked if trucks/pickups taking garbage to the landfill use tarps and if enforced; Todd Feland stated it was enforced and sanitation trucks use tarps when going to the landfill but perhaps during cleanup week may have vehicles without tarps.

2) Council Member Glassheim stated before attending the council meeting tonight he attended a neighborhood meeting at Wilder School in support of Mike, that it is not his practice to interfere in the doings of other units of government, but this evening saw an ordinary man who does quiet extraordinary things for children and wanted to say how proud he was of him and of the parents at Wilder who are rising spontaneously to praise and acknowledge the decent, caring things Mike has done for many years, and strongly hope that those who can will make this right.

3) Council Member Kerian stated that she saw that the Governor and the Premier from Manitoba were talking about greenway all the way into Canada and along this area and for flood - purchasing land, and is exciting and would fit in well with our piece of it here.

4) Council Member Gershman commended Al Grasser, city engineer, that when in Washington, D.C. one of the things is that meetings are short, intense and have to be very focused and commended him on information about flood that we had in March of this year, was very clear how dangerous it was for us had the rains fallen in a different place, and his presentation to the various sub-committees and to the Congressional delegation, including Colin Peterson, that he was focused, articulate and moved the process on a lot. He also noted that May 15 Bo Diddley will be at the Empire Theatre at 7:30 p.m.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
Deputy City Auditor

Approved:
______________________________
Michael R. Brown, Mayor