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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 5, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 5, 2002 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

President Gershman 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.

President Gershman made the following announcements:
1) there will be aerial spraying for mosquitoes by the Air Force, scheduled for Wednesday from 7:00 to 10:00 p.m. and if weather conditions unfavorable the spraying will take place on Thursday. He noted that the aircraft will be flying very low (150 to 300 ft.) and very noisy, that the plane will make approx. 11 passes over the city on north/south routes and may make several preliminary passes over the city so the pilots can familiarize themselves with the area; the product is safe for residential use but everyone is encouraged to wash things like toys, pet dishes.
2) preliminary budget information has been issued with meetings over the next month and a half to adopt the final budget for 2003. Three meetings have been scheduled - presentation on August 14 and two work sessions on August 21 and 23 with additional work sessions if necessary; preliminary budget adoption scheduled for September 3 and final adoption on September 16.
3) that Mayor Brown had announced that he and the CVB are working with the Dickinson mayor and their CVB to form a sister-city relationship.
4) Farmers Market was a huge success this past weekend and thanks to Roger Johnson and the ND Department of Agriculture for sponsoring the day. He stated that in driving by the Town Square after the event and area was very clean and thanked staff.
5) next weekend have Cats Incredible tournament and Friends of the Greenway will be on the riverside, and Chili Cook-off and thanked all of the volunteers who make those things successful.
6) tomorrow night at the Empire Arts Center the Crimson Creek Collegiate Players will be presenting Jesus Christ Superstar.
7) Congratulations to Debra Swanson, nursing supervisor, who was selected by the Robert Wood Johnson as an executive nurse fellow, that only 20 nurses nation-wide were selected this year to participate in the three-year program.

President Gershman noted that the item on the council agenda relating to the Comprehensive Annual Financial report will be pulled and put on the agenda for committee of the whole for review.

MONTHLY FLOOD PROTECTION UPDATE

Al Grasser, city engineer, reviewed the update for August:
Technical Work Update: The Corps of Engineers has hired Stanley Consultants to start design for Phase III and IV of our flood protection and when finish Phase IV that will be the end of our construction project. Bids for Phase II were opened on June 26 and apparent low bidder is ICS at a little under $26 million, estimate was almost $35 million and budget about $37, and helps bring project cost down and help balance expenditures with projected incomes. Bids were also opened for English Coulee pumping station on May 24, Wanzek Construction was apparent low bidder for a little over $5 million and about $1.5 million lower than budget. Nodak Contracting is working on Phase I of the levee, downtown, Elmwood and Lincoln areas, and are planning with all the rains we've had this summer did delay some of the work in the downtown area and getting into DeMers Avenue and that probably will start next week. Works is underway a the English Coulee Diversion Project and is an impressive ditch and working on the box culverts on Highway 81, Columbia Road and Interstate and also doing some prep work on Highway 2. He stated there are a number of demolitions going on at various locations and will be continuing to let contracts; some archeological work going on.
Local Update: There is a contractor working out in the Loamy Hills area, relocating sanitary sewer and watermains in preparation for Phase II; horizontal drilling contractor is working at drilling, they were delayed by the high water, do have a pilot hole drilled but haven't started for main pipes; and work continues to go on for the residuals forcemain project.
Federal Appropriations: The Senate Budget Subcommittee increased the President's budget by another $10 million and Subcommittee has come out with a recommendation of $40 million for Grand Forks and if continue trend of good bids will help balance our total needs. We have started discussions with State Water Commission and some other groups as they are starting to look at budgetary requirements for the next Legislative Session in Bismarck. He stated on local funding that the Corps of Engineers was able to obtain savings and slippage money (monies garnered from other projects that weren't able to get spent at the end of this fiscal year) and that alleviated the need for the City to put up any upfront money.
Phase II Acquisitions: The City is still acquiring some properties, 8 residential, 4 commercial in Phase II, and still trying to resolve the issue of appraisals on the Northridge Hills area and Corps has hired another appraiser to get a second appraisal. The staff is working on unique properties (RDO Foods, St. Anne's, Myra Museum) which are presenting challenges.
Interim Flood Protection Plans: Some demolition should be going on in the old Viking Electric buildings on 3rd Street, the former Buegel building has been demolished and intent would be to go in and finish the interim flood protection in those areas and close gaps in the interim levees.
Upcoming meetings: A public input meeting on Phase III in Riverside area on August 8, 5:30 p.m. in Herald Community Room; a public input session on Phase II on Central Park , the Elks Drive and the Rivers Edge areas on August 13 at 5:30 at Herald Community Room. A public meeting to discuss options for landscaping and plantings in the Sunbeam floodwall area on August 13 at 7:30 p.m. and Corps reps. will be there to help evaluate some options.
TCSP Funds: They had a time-crunch on the process and getting concept report in and plans and specifications have to be submitted by September 1 and in order to do that they will ask the Mayor to sign off on the project concept report based on the information they received at the public input meeting, that what they have come up with from the public and looking at financial constraints that are occurring on the project, the last estimate showed they didn't have enough money to do all of the areas that they had originally presented, the Southend Drainway, overlay in the Sunbeam area, overlaying roads in the Lincoln Drive area, and the Elmwood area; and that they are proposing in the project concept report that the only two they are going to move forward for bidding purposes would be Southend Drainway and the Sunbeam bikepath and didn't have any specific concerns expressed on either one of those two projects. They had some concerns in the public input process on the Elmwood area but nothing significant on the Lincoln area but that is big enough dollar amount where cannot afford to do that one, and will sometime talk about bikepaths and access in the Elmwood area with local money or part of the project cost but not submitting that as part of the TCSP application to the project concept report.

Council Member Christensen asked if they had maps available that the public looked at so that council could be aware. Mr. Grasser stated they would get information and present to council at the end of the meeting.

Melanie Parvey-Biby, Greenway Coordinator, stated there had been a suggestion to form a task force to talk about the greenway becoming a State park, that the task force discussed the issue in April, and beneficial to talk with the director of the State Parks & Recreation Department, met with him the end of June and found out that the greenway isn't in their long range plan, with reasons of budget and dealing with a budget reduction now and if we were to ask that they would need to get something up within their State Park systems, and at a later meeting of the task force they discussed possibilities and decided they would respect the State's position on this issue and focus on trying to make a connection between the Turtle River State Park with the greenway and now have had ideas of how to share information and that could be putting out information in both areas or possibly putting up a plaque of some sort. She stated this does not affect the designation of the State Recreation area in MN. The greenway cleanup for Phase II contract was awarded with ICS in the amount of $187,750 and under the engineer's estimate; work has not started but the focus of the work is to clean out the rest of the former Lincoln Drive neighborhood (removing old streets, utilities); work has to be coordinated with Phase I contractors. The other greenway project they are working on is determining the location for a boat ramp in the south part of Grand Forks, been working with ND Game & Fish as well as gathering information from the MN DNR and reps. of communities along the Red River to find out what has worked in other communities as well as what could be improved; and are putting together preliminary concept plans to share with the public and show those at the public meetings mentioned by Mr. Grasser in Phase III and will review this information with the Greenway Technical Committee, group of agencies that work together on the development of the greenway and trying to tie possible river accesses together so they have equal accesses in both communities. The Friends of the Greenway has their 3rd Annual Chili Cook-off on Saturday, August 10.
She noted that the non-paved trail plan is a project that is being put together by the MPO and idea is to designate corridors as well as multi-uses for the trails, such as cross-country skiing and snowmobile, mountain biking and nature trail and designate different corridors for different uses and will share with the public as soon as something is available.

ADOPT RESOLUTION TO VACATE UTILITY EASEMENT
IN BLOCK 1, ADAMS-DOBMEIER SUBDIVISION AND
BLOCK 1, ADAMS-DOBMEIER 3RD RESUBDIVISION,
EXCLUDING SMALL PORTION THEREOF

The acting city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide north/south utility easement centered on a lot line common to Lot 2, Block 1, Adams-Dobmeier Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota excluding the southerly and the northerly 10 feet thereof, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

President Gershman 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.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8200 - Resolution.

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

ADOPT ORDINANCE NO. 3936, RELATING TO MEMBERS
OF THE GROWTH FUND COMMITTEE

An ordinance entitled "An ordinance amending Section 24-0108 of the Grand Forks City Code relating to members of the Growth Fund Committee", which had been introduced and passed on July 15, 2002, was presented and read for consideration on second reading and final passage.

President Gershman called upon the audience to see if there was anyone present who had comments to make, there were none.

Howard Swanson, city attorney, stated he had handed out a copy of correspondence to Council Member Glassheim dated July 23 and a draft ordinance attached to that, which has slightly different language than Mr. Glassheim included in his motion at your last council meeting, the substantive effect is the same and Mr. Glassheim has advised that he finds this language appropriate and if the motion is acceptable to you would ask that you move to give final approval with the modifications as presented.

It was moved by Council Member Glassheim and seconded by Council Member Kreun to give final approval to the ordinance with the modifications as presented. In subsection (a) the ordinance will read, "Three (3) members from the city council serving on the Finance/Urban Development Committee."
Carried 7 votes affirmative.

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

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
IMPROVEMENT DISTRICT NO. 90, PROJECT NO. 5320

The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Improvement District No. 90, Project No. 5320, asphalt maintenance overlay of existing asphalt concrete pavement with full depth patching on Library Circle from South 17th Street to south lot line of Lot A, Block 1, Drees 3rd Addition, and on Library Circle from South 17th Street east to Library Lane and north on Library Lane to south lot line of Lot 1, Block 2, Drees 3rd Addition, had expired on July 25, 2002, and that no written protests had been received.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No 8201 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Street Improvement District No. 90, Project No. 5320, as no protests were filed and further that the resolution be adopted. Carried 7 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, STREET
IMPROVEMENT PROJECT NO. 5320, DISTRICT NO. 90

The deputy city auditor presented and read tabulation of bids which had been received and opened on July 8, 2002 for Street Improvement Project No. 5320, District No. 90, asphalt maintenance overlay of existing asphalt concrete pavement, indicating that Nodak Contracting, a division of Strata Corporation, was the low bidder based upon their bid in the amount of $98,712.50: Document No. 8202 - Bid Tabulation.

The city engineer's estimate of total cost on Street Improvement Project No. 5320, District No. 90, in the amount of $125,000, was presented and read.

The staff report from the engineering department relating to bids for Project No. 5320, District No. 90, paving Library Circle from South 17th Street to the intersection 300 feet east of the Public Library and South Library Circle from South 17th Street to Library Lane, with recommendation to award contract to Nodak Contracting in the amount of $98,712.50.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8203 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this resolution awarding the contract for Street Improvement Project No. 5320, District No. 90, to Nodak Contracting be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the resolution adopted and the contract awarded.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE GARAGE TO 315 BELMONT ROAD FOLLOWING
PUBLIC HEARING

The deputy city auditor reported that the notice of public hearing on the application by Jude and Kathy Freeman to move a garage from 706 South 23rd Street to 315 Belmont road to be used as a garage, had been published and posted as required.

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

The staff report from the Inspections Division relating to public hearing for moving permit application to move the garage from 706 South 23rd Street to 315 Belmont road, with recommendation to approve the moving permit to move the garage.

It was moved by Council Member Glassheim and seconded by Council Member Kerian that this recommendation be and is hereby approved, and further authorized moving of the building subject to meeting conditions established. Carried 7 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT A, BLOCK
1, OF A REPLAT OF LOT 2, BLOCK 1, OF PLAT OF
CONGRESSIONAL FIRST RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Terry Hanson on behalf of Grand Forks Homes for final approval (fast track) of a replat of Lot A, Block 1 of a replat of Lot 2, Block 1 of the plat of Congressional First Resubdivision to the city of Grand Forks, ND (located between 6th Avenue North and 12th Avenue North and between North 53rd Street and North 55th Street), with recommendation for final approval of the request from Terry Hanson on behalf of Grand Forks Homes, subject to conditions shown on or attached to the review copy.

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

APPROVE REQUEST FOR CLASSIFIED POSITIONS UNDER
COMMUNITY HEALTH GRANT

The staff report from the Health Department relating to request for 2.5 FTE classified positions, Community Health Grant, new revenue, with recommendation to authorize two community health nurse positions and a .5 office specialist position funded by new revenue in the Community Health Grant (HL45).

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

APPROVE GRANT AGREEMENT WITH ND DEPARTMENT
OF HEALTH, AND BUDGET AMENDMENT

The staff report from the Health Department relating to budget amendment ($51,053), 1 FTE Project/Grant funded position, and Bioterrorism Grant Agreement with the ND Department of Health, new revenue, with recommendation to approve grant budget amendment, 1 project/grant funded position, and new grant agreement with the ND Department of Health.

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

APPROVE GRANT AGREEMENT, TOBACCO PREVENTION
AND CONTROL GRANT

The staff report from the Health Department relating to the ongoing Tobacco Prevention and Control Grant Agreement with the North Dakota Department of Health (7/1/02 - 6/30/03, HL40, $50,000), with recommendation to approve the grant agreement with the North Dakota Department of Health.

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

APPROVE GRANT AGREEMENT WITH ND DEPARTMENT
OF HEALTH, ONGOING SCREENING GRANT
The staff report from the Health Department relating to Mycobacterium Tuberculosis (TB) Ongoing Screening Grant Agreement with the North Dakota Department of Health (#PF03-44, 7/1/2002 - 6/30/2003), with recommendation to approve the ongoing TB screening grant agreement.

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

APPROVE BUDGET AMENDMENT, HEALTH DEPARTMENT

The staff report from the Health Department relating to budget amendment (Revenue Fund 2160, $21,207) for mosquito control equipment purchase approved by city council, with recommendation to approve the budget amendment.

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

APPROVE ABATEMENT OF 2000 AND 2001 TAXES ON
PROPERTY AT 1635 28TH AVENUE SOUTH, UNIT 9

The staff report from the city assessor relating to applications for abatement for 2000 and 2001 taxes by Harold Hanson, 1635 28th Avenue South, Unit #9, with recommendation to Board of County Commissioners that the applications be approved as submitted.

It was moved by Council Member Brooks and seconded by Council Member Glassheim that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE ABATEMENT OF 2000 AND 2001 TAXES ON
PROPERTY AT 718 SOUTH 22ND STREET

The staff report from the city assessor relating to applications for abatement for 2000 and 2001 taxes by Donald and Patricia Berntsen, 718 South 22nd Street, with recommendation to Board of County Commissioners that the applications be approved as submitted.

It was moved by Council Member Brooks and seconded by Council Member Glassheim that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE BUDGET AMENDMENT, MUNICIPAL COURT

The staff report from Municipal Court relating to request for carry-over money to be used to scan documents, with recommendation to approve the request ($400.00).

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

ACCEPT BID FOR PROJECT NO. 5295, 2002 SANITARY
AND STORM SEWER REPAIRS

The staff report from the engineering department relating to quotations for City Project No. 5295, 2002 sanitary and storm sewer repairs, with recommendation to award contract to low quotation submitted by Opp Construction in the amount of $39,675.00.

It was moved by Council Member Brooks 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. President Gershman declared the motion carried and the contract awarded.

ACCEPT BIDS FOR PROJECT NO. 5388, REPAIR WASTE-
WATER SECONDARY CELL NO. 3

The staff report from the engineering department relating to bids for Project No. 5388, repair wastewater secondary cell No. 3, with recommendation to award contract to Orrin A. Holen Construction, Inc. in the amount of $197,145.00.

It was moved by Council Member Brooks 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. President Gershman declared the motion carried and the contract awarded.

ACCEPT BIDS FOR PROJECTS NOS. 5317 AND 5377,
UPGRADE LIFT STATIONS 6 AND 22

The staff report from the engineering department relating to bids for City Projects Nos. 5317 and 5377, Upgrade Lift Stations 6 and 22, with recommendation to award contract to Smith Construction, Inc. in the amount of $328,900.

It was moved by Council Member Brooks 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. President Gershman declared the motion carried and the contract awarded.

APPROVE APPLICATION FOR TRANSFER OF CLASS 5
ALCOHOLIC BEVERAGE LICENSE TO HI OF GF, INC.

The staff report from the finance department relating to the application for transfer of a Class 5 (Hotel/Motel Alcoholic Beverage) license from Grand Forks Motel Enterprises, Inc. dba Holiday Inn, 1210 North 43rd Street, to HI of GF, Inc. (David A. Ramage), with recommendation to approve issuance of the license contingent upon meeting all regulations of the City Code, including approval of the city attorney and sign off by appropriate departments.

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

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

Upon call for the question on the motion and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman abstaining.

INTRODUCE ORDINANCE AMENDING THE COMPREHENSIVE
PLAN RELATED TO THE GRAND FORKS-EAST GRAND FORKS
2022 TRANSPORTATION PLAN UPDATE BY ADDING THE
MERRIFIELD ROAD/I-29 INTERCHANGE

The staff report from the Planning Department relating to the request from the Planning Department to amend Section 18-0802 of the Land Development Code related to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, with recommendation to introduce an ordinance amending the Land Development Code related to The Grand Forks-East Grand Forks 2022 Transportation Plan Update by adding the Merrifield Road/I-29 Interchange.

Dennis Potter, city planner, asked the council give preliminary introduction and first reading to this ordinance and change the public hearing date from August 19 in the Planning staff report to September 3, 2002.

Council Member Glassheim asked status of the interchange - funding, estimated cost and timelines; Mr. Potter stated they are giving approval to adding the Merrifield Road/I-29 Interchange to the City's comprehensive plan and making a recommendation to the Metropolitan Planning Organization that they take the same action; the issues of payment will be part of the next round of discussions that go on when get to the project concept report and look to see how actually funded, the current concept is to try to achieve what's called advance funding and that would lead to a funding package made up of State funds and local funds, the exact split is still under consideration and will be defined as part of the project concept report; and looking to get it done by 2005.

Council Member Glassheim stated he was concerned about the lengthening of the city farther south, and what that means to the entire city, and asked if urban sprawl would be created. Mr. Potter stated you are faced with the fact that you have development in the area where Merrifield Road and I-29 are (Telpro and Agsco) and they are generating a significant amount of traffic, that Agsco is currently using Merrifield Road and coming into and out of their facility, going east to Columbia Road and depending on traffic and destination, going south on Columbia Road getting onto old 81, and going to connector road to Thompson interchange and getting on the Interstate or coming north to the city and going to 32nd Avenue South and getting on the freeway; and this becomes one of the trade-off issues that you look at when doing planning and if want to have that traffic which is going to increase, assuming both companies are successful, coming onto Columbia, etc. or want to have an interchange there that will deal with that traffic (could also increase and have some development occur in that area). He stated there is residential development in that area which is served by individual septic tank systems and by rural water and question is if there is a political will to say no, we are going to draw line in the sand and say no more development of any type south of a given line, because when get into urban sprawl; and non-urban sprawl discussion, somewhere a political body has to draw a line and say not going to do it. and not easy question.
Council Member Hamerlik stated that several years ago we included the Merrifield Road and the bridge into the concept, and this broadens that out to make it more useful. Mr. Potter stated it does and in theory you're not going to have a useful bridge over the Red River of the North on Merrifield Road unless you put an interchange at I-29 and Merrifield.

It was moved by Council Member Kreun and seconded by Council Member Christensen to approve the recommended action and to include the change of the public hearing date to September 3, 2002. Carried 7 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2002 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks/East Grand Forks ITS Strategy Plan Element)", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO LAND DEVELOP-
MENT CODE, ZONING REGULATIONS TO INCLUDE
COMMERCIAL STORAGE OF AGRICULTURAL PRODUCTS
IN A-2 (AGRICULTURAL RESERVE) DISTRICTS SUBJECT
TO SPECIAL CONDITIONS

The staff report from the Planning Department relating to the request from the Grand Forks Planning Department of an ordinance to amend Section 18-0207 A-2 (Agricultural Reserve) District, subsection (3) Conditional Uses, amending paragraph (D) relating to the storage of agricultural products, with recommendation to give preliminary approval of the ordinance relating to the storage of agricultural products, with recommendation for preliminary approval of the ordinance to schedule a public hearing for August 19, 2002.

Council Member Christensen asked where those products are allowed to be stored in the city at this time. Mr. Potter stated in the industrial zone which is located north of Gateway and some zones go west along Highway 2 between 50th and 55th Streets, and this ordinance would allow those items to be stored in agricultural zones and have agricultural zones on the peripheral of the city (along N. Washington and I-29 connect, landfill site toward the airport, area south of 55th Street and southwest of RR track, south of 32nd Avenue South and ag zone up against I-29). Council Member Christensen stated he would appreciate a map for the next meeting to know what we are expanding and what type of products would be stored and where they currently aren't being stored. Council Member Brooks also noted that there are some areas within the city limits; Mr. Potter stated the map they will provide will show those areas - but that this is a conditional use (not a permitted use) and the conditional use permit must be approved by the city council.

It was moved by Council Member Kreun and seconded by Council Member Kerian approve the recommendation with a change in the date of the public hearing from August 19 to September 3, 2002. Carried 7 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code, Article 2, Zoning Regulations; Section 18-0207 A-2 (Agricultural Reserve) District, subsection (3) Conditional Uses; amending paragraph (D) relating to storage of agricultural products", which was presented, read and passed on its first reading.

APPROVE STOREFRONT REHABILITATION PROGRAM

The staff report from the Office of Urban Development relating to Storefront Rehabilitation Program, with recommendation (1) to approve the funding recommendations attached - Document No. 8204; (2) to request staff to prepare Round II of the program in order to use the balance of funds and to expand the area south to 24th Avenue South on South Washington and north to the north property line of Valley Ho Addition on North Washington Street for presentation to an upcoming committee of the whole meeting.

Terry Hanson, Urban Development, reported they are requesting to bring the second program back that extends the area to the street north of the Valley Ho Trailer Park and south on Washington to 24th Avenue South.

Council Member Hamerlik stated that the plan of the committee was prior to having phase 2 and committee was to meet again before any applications were sent out, not only to review the application but any other information that should be brought back to the council if there are other changes in the program. Mr. Hanson agreed.

It was moved by Council Member Glassheim and seconded by Council Member Kerian 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. President Gershman declared the motion carried.

APPROVE ALLOCATION OF HOME FUNDS FOR
MULTI-UNIT RESIDENTIAL REHAB PROJECT

The staff report from the Office of Urban Development relating to allocation of HOME funds for Multi-Unit Residential Rehab Project, with recommendation to approve allocation of $120,000 in 2002 unobligated HOME funds for multi-unit residential rehab.

Council Member Christensen stated that the project is on 22nd Avenue South for 3 four-plexes (12 units) and that they had decided to do some rehab but not done and asked how much the City receives in HOME funds. Mr. Hanson stated the City receives approx. $460,000 annually and this is a program provided to the City through the State who receives the funds and State reallocates the funds either state-wide but have three entitlements (Fargo, Bismarck and Grand Forks), and the only intent of the program is to provide for affordable housing, either rental or ownership housing, and currently this program is funding down-payment and closing cost program as well as HOAP program, which is additional funds they provide to homeowners for down payment to buy down the price of that house, and also use these funds for rehab they have provided in the past to low income households for rehabbing. It was noted these four house are owned by the Grand Forks Housing Authority and when the project is completed how much money have in per unit. Mr. Hanson stated it was $320,000 for the rehab. Council Member Christensen asked after the project is finished if they shouldn't be selling these units and private individual could borrow the money and individuals could still rent and get vouchers and qualify for benefits of low-income housing and in the future maybe better off not building inventory but letting private sector take these and make units available to the people that qualify, and we could use these monies for other programs.

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

APPROVE AMENDMENT NO. 22 TO GREATER FORKS
ENGINEERING GROUP FOR IN-KIND ENGINERING FOR
VARIOUS PROJECTS

The staff report from engineering department relating to Amendment No. 22 to Greater Forks Engineering Group for in-kind engineering for Projects Nos. 4809, 4811, 4814, 4814.2, 4815, 4815.1, 4815.2, 4816.1, 4816.2, 4816.3, 4820, with recommendation to approve Amendment No. 22 in the amount of $180,364.46.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved, excluding Projects 4815 and 4816.1, and new amount of $176,364.46. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE CITIZENS ADVISORY COMMITTEE

The staff report from the Office of Urban Development relating to Citizens Advisory Committee, with recommendation to establish a CDBG Citizens Advisory Committee made up of ten (10) members comprised of each of the standby finance/development committee members and one (1) member from each ward, nominated by their council representative.

It was noted that several options had been suggested and discussed at the committee of the whole meeting, possibility of a list available, suggestion of some within each ward or city, combination of the two. President Gershman stated that first they need to decide whether council members are to be a part of this process, could use stand-by committee as 3 members (finance/urban development).

Council Member Hamerlik moved that we establish a citizens committee without council members; Council Member Brooks seconded the motion.

After some discussion it was moved by Council Members Hamerlik and Brooks to change their motion to include 2 people appointed by each of the 7 council members and not limited to within their specific ward.

Council Member Christensen asked if they would consider that the advisory committee report to the standby finance/development committee for review before going to the committee of the whole and then to city council. Council Member Hamerlik stated that the advisory committee report to the committee of the whole.

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

There was some discussion relating to terms of appointment, and it was moved by Glassheim and Kerian to establish a term of two years. Carried 7 votes affirmative.

TABLE JOB DESCRIPTIONS FOR MAYOR'S OFFICE

The staff report from Human Resources relating to job descriptions for the Mayor's Office, with recommendation to approve the job descriptions for the following positions: community/governmental relations officer (assistant to the mayor), executive assistant, communications supervisor, and communications specialist.

Council Member Christensen asked if these positions were going to be classified or contractual positions. Charles Bunce, Human Resources Director, stated there are 3 classified positions (executive assistant, communications supervisor and communications specialist) and the assistant to the mayor (community/governmental relations officer) is being put forward as either a classified position or contract position to give this mayor and future mayors the opportunity to go with whatever option would work best for them; and that they have changed the name of assistant to the mayor position because of what was suggested by the wage study consultant and all the positions except the assistant to the mayor filled as temporary positions. Mr. Bunce stated he and Mr. Duquette spoke with the mayor and he wanted this to be a contractual or classified position to allow future mayors to decide how they would like to do this, and their recommendation is contractual position but did it both ways.

Mr. Bunce stated the positions were approved as of January 1, 2002 as classified positions, and this is to approve the job descriptions. Mr. Swanson stated the council initiated last fall various reductions in staff, eliminating temporary positions which culminated in the adoption of an ordinance and that was approved in January but actual job descriptions have not yet been finalized.

Council Member Kerian questioned essential functions of the community/governmental relations officer working with the administrative coordinator, and overlap was concerned about and could be conflict and have handled that well in this position - collaborate and don't conflict.