Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 21, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 21, 2002 at the hour of 7:10 o’clock p.m. following the committee of the whole meeting with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, 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:
1) Congratulations to the Red River Soccer Team for their first state title.
2) Congratulations to the UND Women's hockey team for its successful kick-off to their season and to their program.
3) Hats off to the organizers of the Sundog Jazz Festival, it was a great experience and both shows were wonderful and thanks to bringing quality and diversity event into our community.
4) That over the last couple days there was an extensive search in our community for Russell Turcotte, and commended the members of the police and fire departments and other law enforcement entities and volunteers in the community who assisted in their search, this nationwide search depends on local support and our community stepped up to the plate to help where we could.
5) That tomorrow the Grand Forks City and Downtown Leadership Group are co-sponsoring a public meeting to discuss downtown parking issues at the Best Western Townhouse at 5:00 p.m., and will be an open forum about downtown parking and invited everyone who is interested to attend and share their views.
6) Recognition of the engineering and fire departments for receiving a letter of thank you from the Grand Forks Historic Preservation Commission re. recent work with the St. Anne's Guest Home. and commended all staff who worked on this project, and on behalf of the engineering department would like to recognize and thank the Corps of Engineers and Stanley Consultants for their contributions.
7) Congratulations to the engineering department for being featured in this month's American City and County magazine for the GIS system, and this is the latest in a series of recognitions and awards for this project.
8) Jenny Ettling, executive director for the Greater Grand Forks Symphony, thanked the council for the Arts funding which the City has been providing for arts non-profit organizations in Grand Forks, that last year the Symphony was fortunate in being the recipient of a major grant from the City of Grand Forks through the funds that were regranted through the North Valley Arts Council, they requested support so they could continue their program of professional musician residencies in Grand Forks, and thanked them for inaugurating and continuing this program and reported how they have used the $14,000 in arts funding.
9) Mayor Brown welcomed home-stay students from Awano, Japan and their advisors and presented each of the students with a City cap and pin. The students presented Mayor Brown with a gift (lacquered jewel box).

APPROVE ASSESSMENTS, STREET IMPROVEMENT
PROJECT NO. 5256, DISTRICT NO. 88

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5256, Street Improvement District No. 88, in the amount of $25,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

Council Member Gershman asked if the City has a program for individual homeowners who may have a problem paying a special assessment for assistance. Terry Hanson, Urban Development, stated they have not established any but that they maybe thinking under CDBG funding, but stated that there is a senior citizens exemption or discount that could be applied for through the city assessor's office. Mel Carsen, city assessor, stated there is a State Program for senior citizens and/or disabled people with certain limitations on income and is not a forgiveness of the tax, but that they pay the annual installment on the special assessments and place a lien on the property equal to that assessment and when property is sold it is paid.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
5262, DISTRICT NO. 581

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5262, Paving District No. 581, in the amount of $168,700, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 20 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
5266, DISTRICT NO. 585

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5266, Paving District No. 585, in the amount of $77,600, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 20 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
PROJECT NO. 5322, DISTRICT NO. 582

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5322, Paving District No. 582, in the amount of $28,500, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 20 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO. 5328,
DISTRICT NO. 584

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5328, Paving District No. 584, in the amount of $252,700, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 20 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, SEWER CONNECTION
FEES, PROJECT NO. 1102.0

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 1102.0, in the amount of $4,209.82, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 13 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO.
5196.1

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on 2001 Sidewalk Project No. 5196.1, in the amount of $45,467.70, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 4 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, 2002 SIDEWALK PROJECT
NO. 5288

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on 2002 Sidewalk Project No. 5288, in the amount of $101,445.70, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 5300
The city auditor presented and read the assessments as made by the city health department and/or city engineer and the approval and confirmation of these assessments by the supervising sanitarian and/or city engineer on Weed Cutting Project No. 5300, in the amount of $46,055, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, BUILDING DEMOLITION
PROJECT NO. 5310

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on Building Demolition Project No. 5310, in the amount of $15,670, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001.9

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the city auditor on Project No. 9001.9, delinquent water billings, in the amount of $15,108.80, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that these assessments be accepted and confirmed, and that they be levied against the property benefited in one annual installment of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.

HOLD PUBLIC HEARING ON RESOLUTION OF ANNEXATION
ON PART OF THE NW QUARTER OF SE QUARTER OF SECTION
27, T151N, R50W OF THE FIFTH PRINCIPAL MERIDIAN
(LeCLERC'S ADDITION)

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed September 16, 2002, annexing that part of the Northwest Quarter of the Southeast Quarter of Section 27, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, LeClerc's Addition, and more specifically described in the resolution of annexation, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on September 21 and 28, 2002; and further that a letter had been filed with the city planner relating to the proposed annexation of LeClerc's Addition from their attorney, Grant H. Shaft and stating the proposal presupposes that LeClerc's Addition will be platted and/or replatted by the LeClerc's to conform with the extra-territorial zoning requirements of the City, that the LeClerc's would intend to ultimately develop the property in 3 phases as indicated on a map; and proposed the following: 1) The area shown as Phase One would be immediately annexed at the request of the LeClerc's; 2) Phases Two and Three would be subject to annexation in the event the LeClercs alter the use of the property outside the residential or agricultural use by them or their immediate family; or 3) Phases Two and Three would be subject to annexation upon the following: a) public improvements including sewer, water, and streets are in place and adjoining a particular phase; and b) residential or commercial development has occurred immediately adjacent to three side or more of a particular phase or if the parcel is no longer contiguous to agricultural property. 4) If the conditions contained in paragraph 3 above have been met, Phase Two will not be annexed earlier than 5 years from the date of the agreement with 10 years for Phase Three. The above conditions are to apply separately to both Phases Two and Three; and the LeClercs would reserve the right to petition the City to annex any phase regardless of whether the above conditions have been met and would reserve the right to determine the order of developing Phases Two and Three. That in the event the City rejects this proposal and an agreement is not reached prior to the City adopting an annexation resolution, this letter shall serve as the LeClerc's written protest to annexation required under Section 40-51.2-07 of the North Dakota Century Code.

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

Council Member Christensen moved that we deny this resolution for the proposed annexation. He stated that there has been an agreement reached between the LeClerc's and the City of Grand Forks regarding the staged annexation of the property, that he has a revised letter from Mr. Shaft and on page 2 of the letter, paragraph 4, those years have been changed to 2 and 4 rather than 5 and 10 and if deny this resolution for annexation will then be in a position to move forward on the balance of the items on the agenda. Council Member Gershman seconded the motion.

Council Member Christensen stated that this isn't going to be the final wording, but is Mr. Shaft's outline of the agreement that is going to be reached and when there is development on three sides of the LeClerc property, that if he chose not to bring it in, he wouldn't resist annexation if we chose to do so as long as more than two years have gone by - that it can't stay out of the city any longer than two years once it's ready to come into the city, and that group 3 can't stay out of the city any longer than 4 years once it's ready to come into the city and they have defined when it's ready to come into the city - when there is development on three of the sides and when there are water, streets, sewer adjacent to his property.
Ray LeClerc, 5616 Belmont Road, stated that the trigger mechanism that is inserted in the letter was so that the property wouldn't be annexed until it could be developed and once those things take place, then the annexation would follow - not to annex it in two years because it may not be ready for development in two years or four years but depends upon utilities being available and development surrounds the property.

Council Member Christensen stated that the intent is 2 years and 4 years, but a trigger - that if the City were to force this annexation the City would have to meet the criteria of having sewer, water and streets in place so that it is ready to be developed, and it is his understanding that the land to the north of LeClerc's property and expect within the next two years that there will be streets and sewer there which would trigger Phase 2, Phase 3 may have street on the west side of that within 4 years. He stated that the other thing he was concerned about was that the City has an ordinance that allows us to subject this land to the special assessments for the dike, and that the LeClerc's have agreed that the special assessments for the dike will be levied and assessed against all the land in question so that when this land is annexed, the property owner will pay their share of the dike.

Upon call for the question on the motion to deny the resolution, the motion carried 7 votes affirmative.

ADOPT ORDINANCE NO. 3947, ANNEXATION OF
LOT 1, LESS PORTION PREVIOUSLY ANNEXED AND
LOTS 2 THOURGH 7, BLOCK A OF A REPLAT OF ALL
OF BLOCKS 1 AND 2, LeCLERC'S ADDITION

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lot 1, less the easterly 90 feet previously annexed and Lots 2 through 7, Block A of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

Council Member Christensen noted that the revised letter would include the amendment which provides that Phase 2 would come in within two years, Phase 3 would come in within 4 years and the LeClerc's would agree that all the land in Phases 1, 2 and 3 would be subject to the special assessments for the dike and that Mr. Shaft, along with Mr. Swanson, will draft the language that goes on the plat in conformance with Mr. Shaft's letter dated 18 October revised and so moved the amendment to the ordinance. Council Member Kerian seconded the motion. Carried 7 votes affirmative.

Upon call for the question on the adoption of the ordinance, as amended, 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. 3948, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON PLAT OF REPLAT OF ALL OF BLOCKS
1 AND 2, LeCLERC'S 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 Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage

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

The staff report from the Planning and Zoning Commission relating to the request from Ray and Myrna LeClerc for final approval of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota (located at 5616 Belmont Road), with recommendation to give plat final approval subject to the conditions shown on or attached to the review copy, including an 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 on the 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. 3949, AMENDING ZONING
MAP TO REZONE AND INCLUDE WITHIN THE R-1
(SINGLE FAMILY RESIDENCE) DISTRICT ALL OF
BLOCKS A AND B OF A REPLAT OF ALL OF BLOCKS
1 AND 2, LeCLERC'S 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 Blocks A and B of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 2002, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The staff report from the Planning and Zoning Commission relating to the request from Ray and Myrna LeClerc for final approval of an ordinance to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District all of Blocks A and B of a Replat of all of Blocks 1 and 2, LeClerc's Addition, Grand Forks, North Dakota (located at 5616 Belmont Road), with recommendation to give final approval.

It was moved by Council member Kreun and seconded by Council Member Kerian that this recommendation be and is hereby 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.
DEFEAT FINAL PLAT AND ORDINANCE TO AMEND
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF BERG'S
SECOND 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 Berg's Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 1, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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

Brad Gengler, Planning Office, reported that the plat has been withdrawn by the landowners.

It was moved by Council Member Gershman to deny final approval of the plat and to defeat the ordinance, and seconded by Council Member Kreun. Carried 7 votes affirmative.

Upon call for the ordinance and upon voice vote, the motion for adoption of the ordinance was defeated by 7 votes. Mayor Brown declared the ordinance defeated.

CONTINUE MATTER OF FINAL PLAT AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF WHEATLAND ACRES SECOND SUBDIVISION TO
NOVEMBER 4, 2002

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 Wheatland Acres Second Subdivision, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on September 16, 2002, 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 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 called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd., on behalf of John Drees for final approval of the plat of Wheatland Acres Second Subdivision, Grand Forks, ND being a part of the S Half of SW Quarter of Section 33, Township 151 North, Range 50 West of the 5th Principal Meridian, including variances to the Land Development Code, Section 18-0907(2)(B) length of cul-de-sac and Section 18-0907(2)(L) access to principal arterial streets (located north of the Merrifield Road (a.k.a. County Highway No. 6, County 911 street name of 12th Avenue Northeast and city street extension of 76th Avenue South) between South 34th Street and South Columbia Road), with recommendation for final approval to the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan and including variances to the Land Development Code.

Council Member Kreun stated that they may want to review this plat to make sure that we are being consistent with action they took on the LeClerc's property as this property in a similar situation, re. dike assessments and how they would be assessed to this property.

Council Member Christensen stated they had a planning meeting and were in the process of discussing how to deal with tapping fees (the special assessments that may be levied but paid at a later date) and the ordinance that was passed by prior councils gives the Planning and Zoning body and the City the power to take these parcels in that are close, esp. in southeast quadrant of the city, and should be concerned about the special assessments being levied and assessed against property that will be coming in for future development; and moved to table this matter until the next meeting - November 4, 2002. The motion was seconded by Council Member Kerian. Carried 7 votes affirmative.

ADOPT ORDINANCE NO. 3950, AMENDING ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT BLOCK 1, LOT 2, SUNNY NODAK FARMS
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 B-3 (General Business) District Block 1, Lot 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 16, 2002, 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 called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from City Planning Department for final approval of an ordinance to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District, Block 1, Lot 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (located near the intersection of North 69th Street and Highway 2), with recommendation to give final approval.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby 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.

APPROVE APPLICATION FOR ALCOHOLIC BEVERAGE
LICENSE BY HILTON GARDEN INN GRAND FORKS/UND
The staff report from the finance department relating to the application for a Class 5 Hotel/Motel Alcoholic Beverage by Excel/Beechwood Management, LLC dba Hilton Garden Inn Grand Forks/UND at 4301 Dartmouth Drive, with recommendation to approve issuance of the alcoholic beverage 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 Hamerlik and seconded by Council Member Brooks that this recommendation be approved.

Council Members Gershman and Christensen asked to be recused from voting on this item, and it was so moved by Council Member Glassheim and seconded by Council Member Hamerlik. Motion carried.

Upon call for the question on the motion and upon voice vote, the motion carried 5 votes affirmative with Council Members Gershman and Christensen recused from voting.

INTRODUCE ORDINANCE RELATING TO TRAFFIC AND
MOTOR VEHICLES OFFENSES AND MISCELLANEOUS
PROVISIONS

A staff report from the city attorney relating to technical correction ordinance amending Chapters 8 and 9 of the Grand Forks City Code relating to traffic and motor vehicle offenses and miscellaneous provisions, with recommendation to adopt technical corrections ordinance.

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

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

Upon call for the question on the motion and upon voice vote, the motion carried 6 votes affirmative, with Council Member Gershman recused from voting.

Council Member Glassheim introduced an ordinance entitled "An ordinance of technical code correction ordinance amending Chapters 8 and 9 of the Grand Forks City Code relating to traffic and motor vehicles offenses and miscellaneous provisions", which was presented, read and passed on its first reading.

APPROVE APPLICATIONS FOR ABATEMENT AND
SETTLEMENT OF 2000 AND 2001 TAXES ON PROPERTY
AT 2123 SOUTH 38TH STREET

A staff report relating to application for abatement of 2000 and 2001 taxes by John and Linda Laurie, 2123 South 38th Street, with recommendation to Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 7 votes affirmative.

APPROVE APPLICATION FOR 3-YEAR EXEMPTION OF
IMPROVEMENTS TO BUILDING AT 1516 NORTH 6TH STREET

The staff report from the assessing department relating to application for exemption of improvements to commercial building at 1516 North 6th Street, with recommendation to grant exemption of increased value for 3 years.

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

APPROVE BUDGET AMENDMENT, MOSQUITO CONTROL

The staff report from the health department relating to budget amendment, mosquito control $45,000 (new revenue and 2001 capital replacement cash carryover), with recommendation to approve mosquito control budget amendment of $45,000 for use in covering expenses for 2002.

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

APPROVE BUDGET AMENDMENT, HEALTH DEPARTMENT

The staff report from the health department relating to budget amendment, food class revenue $2,630, 10/02/02, and budget amendment, bioterrorism revenue $1,965, 10/02/02), new revenue, with recommendation to approve the budget amendments.

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

APPROVE PERMANENT EASEMENTS FOR SIDEWALK,
BIKE PATHS AND UTILITIES, PROJECT NO. 5382, TCSP
GREENWAY TRAIL ENHANCEMENTS

The staff report from the engineering department relating to permanent easement for sidewalk, bike path and utilities for City Project No. 5382, TCSP Greenway Trail Enhancements, with recommendation to approve the permanent easement with the Park District in the amount of $1.00.

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

APPROVE ACQUISITION OF PERMANENT EASEMENT
AND ADDING PAINTING OF UND LOGO ON WATER
TOWER, PROJECT NO. 5316

The staff report from the engineering department relating to acquisition of permanent easement and adding painting of UND logo on the UND water tower to City Project No. 5316, UND Water Tower Reconditioning, with recommendation to support acquisition of permanent easement and approve adding UND logo on the UND water tower.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NOS. 5317 AND 5377

The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with WFW for Project Nos. 5317 and 5377, Rehabilitation of Sanitary Sewer Lift Stations Nos. 6 and 22, with recommendation to approve Amendment No. 1 with Webster, Foster & Weston for construction administration engineering services in the amount of $66,683.00.

It was moved by Council Member Hamerlik 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 CHANGE ORDER FOR PROJECT NO. 5293,
LOOP DETECTORS

The staff report from the engineering department relating to change order for Project No. 5293, 2002 Loop Detectors, with recommendation to approve change order No. 2 for loop project No. 5293, in the amount of $8,000.00.

It was moved by Council Member Hamerlik 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.

ACCEPT LIST OF CONSULTANTS AND QUALIFICATIONS
FOR SERVICES 2003-04 WITH OPTIONS FOR 2005-06

The staff report from the engineering department relating to City Project No. 5398, request for qualifications of consulting engineering services for 2003 and 2004, with options for 2005 and 2006, with recommendation to accept the list of consultants and qualifications from those responding to the RFQ for use on future projects (Document No. 8213 - List).

It was moved by Council Member Hamerlik 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 REPLAT OF LOTS 11 AND
12, BLOCK F OF REPLAT OF BLOCK 18 AND BLOCK 19,
SUN-BEAM ADDITION

The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the City of Grand Forks and Michael T. Conneran, Jr. for final approval (fast track) of a replat of Lots 11 and 12, Block F of a replat of Block 18 and Block 19, Sun-Beam Addition, Grand Forks, ND (located at 48 Sloping Hills Cove), with recommendation for final approval, subject to conditions shown on or attached to the review copy.

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

APPROVE BUDGET AMENDMENT, URBAN DEVELOPMENT