City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 21, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 21, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Gershman, Christensen, Kerian, 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 extended thoughts and prayers to the family and friends of Dr. Homer Sondreal, he was community supporter serving in capacity such as city council and civil defense.
He offered congratulations to Jim Weisenberger who retired from the City after 32+ years of service, and thanked him for work and loyalty.
He stated he attended Home and Garden Show this past weekend and great job to all organizers, Alerus staff and people who worked in the booths, including City staff, and seems to get better every year.
This week have a fun event for the whole community - the second annual Easter egg hunt is planned for this Saturday morning, free event at the Alerus Center and thanked sponsors for making this possible.
He announced the winners of this year's Municipal Government Week coloring contest: Taylor Ebertowski - 0 to 5 year age group; Jace Braathen, 6-9 year age group; John Myhre, 10-12 age group. He thanked winners and everyone who entered the contest.
Congratulations to Sioux hockey team for last week's performance and good luck in this week's games, and extend hopes and prayers for speedy recovery to Robbie Bina and to his family.

APPROVE ANNEXATION OF PARTS OF DEEDED LANDS
KNOWN AS THE KINDNESS ANIMAL HOSPITAL AND
INTERSTATE 29 RIGHT OF WAY EASTERLY THEREOF,
EXCEPT THOSE LANDS PREVIOUSLY ANNEXED

The staff report from the Planning Department relating to the request for approval of a resolution to annex to the city of Grand Forks, North Dakota, parts of deeded lands known as the Kindness Animal Hospital and Interstate 29 right of way easterly thereof, except those lands previously annexed (located at 4400 32nd Avenue South), with recommendation for approval of a resolution to annex to the city of Grand Forks, North Dakota, parts of deeded lands known as the Kindness Animal Hospital and Interstate 29 right of way easterly thereof, except those lands previously annexed.

Mayor Brown reopened the public hearing on the resolution of annexation; there were no comments and the public hearing closed.

It was moved by Council Member Kerian and seconded by Council Member Gershman that the recommendation and the resolution of annexation be approved. Carried 7 votes affirmative.

Inasmuch as a finding of sufficiency of protest was determined at the February 7, 2005 council meeting, and the city council approved the resolution of annexation this evening, the city council may submit the matter to a committee for mediation as provided in NDCC 40-51.02-07.1

ADOPT ORDINANCE NO. 4040, RELATING TO LAND
DEVELOPMENT CODE, RELATING TO GROUND
MONUMENT SIGNS

An ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of grand Forks City Code of 1987, as amended, amending Article II", which had been introduced and passed on its first reading on November 15, 2004, and upon which public hearing and second reading of the ordinance had been continued until this evening.

The staff report from the Planning and Zoning Commission relating to the request from the Planning Department for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204, Rules and Definitions, subsection (2), Definitions; Section 18-0301, Signs, subsection (9), paragraph (B), all relating to ground monument signs, with notation that the ordinance has been amended from the original version, and with recommendation that final approval of the ordinance be made.

It was moved by Council Member Kreun and seconded by Council Member Christensen that the ordinance be amended relating to the operation of the electronic message centers and that recommendation for adoption of the ordinance, as amended, be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4041, ANNEXING HOMESTEAD
GROVE FIRST ADDITION

An ordinance entitled "An ordinance to annex all those lands to be known as Homestead Grove First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council and had been published 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 and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4042, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF HOMESTEAD GROVE FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Homestead Grove First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of a plat of Homestead Grove First Addition to the city of Grand Forks (located in the 4600 block of South Washington Street), with recommendation for final approval to the plat subject to the conditions shown on or attached to the review copy, and final approval of the ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4043, AMENDING ZONING MAP
TO INCLUDE WITHIN THE HOMESTEAD GROVE PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF HOMESTEAD GROVE FIRST ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and to include within the Homestead Grove PUD (Planned Unit Development), Concept Development Plan, all of Homestead Grove First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-1 (Limited Development) District and to include within the Homestead Grove PUD (Planned Unit Development), Concept Development Plan, all of Homestead Grove First Addition and unplatted portions of the West Half of the Southeast Quarter of Section 22, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of South Washington Street between 40th Avenue South and 47th Avenue South)l with recommendation to give final approval to the request and to the ordinance.

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

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4044, ANNEXING PRAIRIEWOOD
FIRST ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex all those lands to be known as Prairiewood First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council and had been published 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 and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4045, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF PRAIRIEWOOD FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Prairiewood First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of a plat of Prairiewood First Addition to the city of Grand Forks (located south of Adams Drive and east of Belmont Road), with recommendation for final approval to the plat subject to the conditions shown on or attached to the review copy, and final approval of the ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4046, AMENDING ZONING MAP
TO INCLUDE WITHIN THE R-1 (SINGLE FAMILY RESIDENCE)
DISTRICT, ALL OF PRAIRIEWOOD FIRST ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District, all of Prairiewood First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District all of Prairiewood First Addition to the city of Grand Forks (located east of South Washington Street between 40th Avenue South and 47th Avenue South), with recommendation to give final approval to the ordinance.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7' voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4047, ANNEXING VERN'S
SOUTHERN ESTATES FIRST ADDITION TO THE CITY OF
GRAND FORKS

An ordinance entitled "An ordinance to annex all those lands to be known as Vern's Southern Estates First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council and had been published 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 and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF VERN'S SOUTHERN ESTATES FIRST ADDITION TO
APRIL 18, 2005

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Vern's Southern Estates First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing, was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published call for a public hearing this evening, and further that to date he had received no written protests on this matter.

Mayor Brown opened the public hearing, there were no comments.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Vernon and Judith Gornowicz for final approval of Vern's Southern Estates First Addition (located in the 1900 block of 47th Avenue South), with recommendation to table final consideration of the plat and ordinance until April 18, 2005.

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

ADOPT ORDINANCE NO. 4048, ANNEXING SOUTHERN
ESTATES 4TH ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex all those lands known as Southern Estates 4th to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 22, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council and had been published 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 and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR
ON SALE BEER AND WINE) LICENSE BY DEK-MAK,
INC. DBA AL'S GRILL & CATERING

The staff report from the city auditor's office relating to application for Class 3 (Off and/or On Sale Beer and Wine) license by Dek-Mak, Inc. dba Al's Grill & Catering, 1206 South Washington Street (Robert Decker and Schawnn Decker), with recommendation to approve issuance of the license contingent upon approval of the city attorney and sign off by appropriate departments.

It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Kreun and Kerian. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion for approval of the license carried 6 votes affirmative; Council Member Gershman recused.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
BY GRAND FORKS HERALD, INC. AND EXTEND DATE OF
2005 BOARD OF EQUALIZATION TO MAY 3, 2005

The staff report from the city assessor relating to application for abatement for 2005 by Grand Forks Herald, Inc. for property at 375 2nd avenue North, with recommendation to the Board of County Commissioners that this application be approved in part by reducing the market value from $3,172,000 to $2,362,500.

Council Member Hamerlik stated the council had previously discussed changing the date for the City Board of Equalization from April 12, 2005 to give people an opportunity to protest, and moved that the application by the Grand Forks Herald, Inc. for property at 375 2nd Avenue North be approved in part by reducing the market value from $3,172,000 to $2,362,500 and that the 2005 City Board of Equalization be extended from April 12, 2005 to Tuesday, May 3, 2005 at 7:00 p.m. Council Member Gershman seconded the motion. Carried 7 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING, PROJECT NO. 5767, DISTRICT NO. 610

The city engineer's estimate of total cost of the construction of paving South 20th street from 36th Avenue South to 40th Avenue South in the amount of $369,827.85 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5767, District No. 610, paving South 20th Street from 36th Avenue South to 40th 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.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8648 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5794, DISTRICT NO. 149

The staff report from the engineering department relating to creating special assessment district for Project No. 5794, District No. 149, street lighting in Southbrooke Addition Phase II, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8648 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5794, District No. 149: Document No. 8649 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8650 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5794, District No. 149 be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5795, DISTRICT NO. 150

The staff report from the engineering department relating to creating special assessment district for Project No. 5795, District No. 150, street lighting in Columbia Park 29th Resubdivision Phase II, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8651 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5795, District No. 150: Document No. 8652 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8653 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5795, District No. 150, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5796, DISTRICT NO. 151

The staff report from the engineering department relating to creating special assessment district for Project No. 5796, District No. 151, street lighting in Promenade 1st Addition and Promenade 2nd Resubdivision, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8654 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5796, District No. 151: Document No. 8655 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8656 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5796, District No. 151, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5797, DISTRICT NO. 152

The staff report from the engineering department relating to creating special assessment district for Project No. 5797, District No. 152, street lighting on Lydia Circle, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8657 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5797, District No. 152: Document No. 8658 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8659 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5797, District No. 152, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5799, DISTRICT NO. 154

The staff report from the engineering department relating to creating special assessment district for Project No. 5799, District No. 154, street lighting (walkway lighting) in Sertoma Park, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8660 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5799, District No. 154: Document No. 8661 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8662 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5799, District No. 154 be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5800, DISTRICT NO. 155

The staff report from the engineering department relating to creating special assessment district for Project No. 5800, District No. 155, street lighting (walkway lighting) in University Park, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8663 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5800, District No. 155: Document No. 8664 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8665 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5800, District No. 155, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5801, DISTRICT NO. 156

The staff report from the engineering department relating to creating special assessment district for Project No. 5801, District No. 156, street lighting (walkway lighting) in Optimist Park, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Kreun introduced the resolution creating the assessment district, which was presented and read: Document No. 8666 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5801, District No. 156: Document No. 8667 - Report.

Council Member Kreun introduced the following resolution of necessity which was presented and read: Document No. 8668 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5801, District No. 156, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun, Kerian - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

APPROVE LISTING, 2005 SIDEWALK REPAIRS

The staff report from the engineering department relating to location list for Project No. 5739, 2005 Sidewalk Repairs, with recommendation to approve 2005 Sidewalk Repair List No. 1.

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

TABLE INFRASTRUCTURE FUNDING TO SERVICE
COMMITTEE FOR PROJECT NO.5774, SANITARY SEWER,
FOR FURTHER STUDY

The staff report from the engineering department relating to infrastructure funding for Project No. 5774, sanitary sewer along 40th Avenue South from South 20th Street east approximately 1900 feet, with recommendation to authorize funding in the amount of $250,000 from Fund 2169, infrastructure for truck sanitary sewer along 40th Avenue South.

Council Member Kreun stated he would like to table this matter for further study by the service/safety committee to see that it meets the criteria and to the committee of the whole meeting 3 weeks from today. Council Member Christensen seconded the motion.

Mayor Brown stated that upon a motion to table, there was no discussion and Council Members Christensen and Kreun withdrew their motions.

Council Member Christensen stated that they adopted a process on June 2, 2003 and the process required a prioritization of projects and proposed projects would be selected, prioritized and presented to the council by February 15 of each year; a second criteria was that any proposed utilization of funds from one of our enterprise funds would be used to install a sewer line (for example) if there were easements available at no cost. He stated discussions were to pull this matter and go back to staff with criteria to see if there are any additional projects and presenting a listing if it meets the criteria and would be appropriate and council could decide and if done in 21 days would be great.

Council Member Hamerlik moved that we table this item to service/safety standby committee and they report to the council via committee of the whole at earliest possible date. Council Member Gershman seconded the motion. Carried 7 votes affirmative.

AWARD BID FOR THERMAL IMAGING CAMERA FOR
FIRE DEPARTMENT

The staff report from the fire department relating to bids for thermal imaging camera for fire department, with recommendation to award bid to FLIR Systems, Inc. for a thermal imaging camera in the sum of $11,925.

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

AWARD BID FOR METAL DETECTION EQUIPMENT IN
POLICE BUILDING

The staff report from the police department relating to bid package for metal detection equipment in the building, with recommendation to approve low bid in the amount of $20,445.00 to Streicher's, Inc.

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

APPROVE VEHICLE BID SPECIFICATIONS FOR POLICE
DEPARTMENT

The staff report from the police department relating to vehicle bid specifications (bomb squad truck), with recommendation to approve bid specifications.

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

APPROVE AGREEMENT WITH BDT/LPH RE. CLOSEOUT
OF CONTRACT FOR PROJECT NO. 4371

The staff report from the director of public works relating to BDT/LPH (joint venture and system supplier for the Wastewater Treatment Plant), Project No. 4371 contract closeout agreement, with recommendation to approve the agreement between the City of Grand Forks and BDT/LPH regarding the closeout of contract for Project No. 4371.

It was moved by Council Member Kreun and seconded by Council Member Brooks 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.
AWARD BIDS FOR WATER METER AND REMOTE
READ

The staff report from water utility relating to water meter and remote read bid summary, with recommendation to approve bids from Dakota Supply Group in the amount of $62,493.91.

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

APPROVE FINAL PLAT OF SOUTHBROOK THIRD
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Crary Development, Inc. for final approval of the Southbrook Third Resubdivision, being a replat of Lot 18, Block 1, Southbrook Second Addition to the city of Grand Forks, North Dakota (located in the 1500 block of 48th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF McKELVEY'S ADDITION

The staff report form the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Wally Rogers for final approval (fast track) of the McKelvey's Addition, being a replat of Lots 1 through 4, Block 14, McKelvey's Addition to the city of Grand Forks, North Dakota (located at 613 8th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF JOHNSON'S WEST FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development for preliminary approval of the plat of Johnson's West First Addition to the city of Grand Forks, North Dakota, being a part of the Southeast Quarter of Section 18, Township 151 North, Range 50 West of the 5th Principal Meridian, lying north of and adjacent to 32nd Avenue South, with recommendation for preliminary approval of the plat of Johnson's West First Addition, subject to the conditions shown on or attached to the review copy, including preliminary approval of an ordinance amending the Street and Highway Plan.

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

Council Member Brooks 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 plat of Johnson's West First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX JOHNSON'S
WEST FIRST ADDITION

The staff report from Planning and Zoning Commission relating to matter of the petition from Crary Development for approval of an ordinance to annex to the city of Grand Forks, North Dakota, all those lands to be known as Lot 1, Block 1, Johnson's West Addition to the city of Grand Forks, North Dakota, except parts previously annexed, containing 3.60 acres, more or less, as shown on the map included herein, which is by reference made a part hereof (located in the 4400 block of 32nd Avenue South), with recommendation for approval of the ordinance and to recommend the city council give preliminary approval of the ordinance and set a public hearing date as required by law.

Council Member Kerian stated that this is a reduction in the amount of annexation and if it is problem to annex an amount that does not match the sale and the plat and didn't seem appropriate to reduce that and moved that we deny this annexation request that should leave the original annexation request standing.

Howard Swanson, city attorney, advised council that has some effect on this, the original annexation is based upon a platted description of Lot 1, Block 1, Johnson's West First Addition, and that description does not exist as that plat has never been recorded, that there is no metes and bounds description that accompanies that annexation proceeding and may or may not effectively annex that until such time as the plat is actually recorded.

Council Member Kerian stated that when that plat is recorded it would be a smaller size to match this sale; Mr. Swanson stated his understanding of the intent of the motion was to annex the larger area, and as he understand the subsequent platting effort, but hasn't seen the draft of the plat so doesn't know if it has the same description or not, you may or may not be annexing the full area that you are attending right now.

Council Member Kerian changed her motion to accept the recommendation of the Commission to move this along. Council Member Kreun seconded the motion. Carried 7 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance to annex all those lands known as Johnson's West First Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
REPLAT OF YOUNG RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Warren and Colette LeClerc for preliminary approval of the Young Resubdivision, being a replat of Lot 2, Block 1, Young Subdivision including a platted strip of land 30 feet by 306 feet lying between the west right of way line of County Highway 81 and the east line of said Block 1, previously designated as an access road and including an unplatted strip of land 123 feet by 508 feet lying south of and adjacent to said Block 1 and south of and adjacent to the previously described 30 foot wide access road (located at 7274 South Washington Street), with recommendation for preliminary approval of the plat subject to conditions shown on or attached to the review copy, including preliminary approval of an ordinance amending the street and Highway Plan, and to schedule a public hearing for April 18, 2005.

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

Council Member Brooks 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 Young Resubdivision, more particularly to include the south 123 feet of the 30-foot access road, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INFORMATIONAL ITEM

The Statement of Cash Receipts and Disbursements as of January 31, 2005, was presented and read.

CITIZEN REQUESTS

Doug West, 422 South 5th Street, #5, stated he had two items to discuss; that he had further information relating to his daughter's death which occurred 6 years ago and that council members had been sent this information. Howard Swanson, city attorney, stated that this body has no authority over any criminal investigation; that the chief of police will not make a determination as to cause of death or whether intentional or unintentional, that is only in the purview of either the states attorney's office or the attorney general's office.

Mr. West stated the other issue he has is in regards to the Community Development Block Grant program, and come back and present that at a later time.

APPROVE BILL LISTING

Vendor Payment Listing No. 05-06, dated March 18, 2005, totaling $1,143,398.66, was presented and read.

It was moved by Council Member Kerian and seconded by Council Member Kreun that these bills 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 MARCH 7, 2005
Typewritten copies of the minutes of the city council meeting held on Monday, March 7, 2005 were presented and read. It was moved by Council Member Kreun and seconded by Council Member Gershman that the minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks stated this past week there was a shooting incident in town, and families of police officers when that was going on and waiting to hear who was involved and who got shot and that is what they go through every day, and when hearing someone standing up here and telling us how to run a police department and criticize our officers and work they do and police chief, and thinks have good police department and tired of listening to the other comments.

2) Council Member Kreun stated that Senator Conrad visited our Promenade Subdivision today and entry-level housing project and the Mayor presented him with a Champion of the CDBG Funding Project award plaque that said "thank you"; that we have 3 homes sold before they are built and have some other prospects and appreciate support of Senator Conrad, the Mayor; and through Urban Development and Housing Authority project is going off quite well and getting some entry-level housing into our market. Mayor Brown also thanked Mr. Kreun and the council's efforts for bringing that forward.

3) Council Member Gershman stated that we received copies of letters in our packet that Art Bakken of Pro-Transport & Leasing and Ferrellgas Service Center made donations to the fire department and requested that this be given to the media. Council Member Hamerlik stated this should be received and filed and put into the proceedings of the council.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor