Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 18, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 18, 2003 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Gershman, Christensen, Kerian, Kreun - 5; absent: Council Member Hamerlik - 1.

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 also announced that Mayor Brown was at a medical convention this week.
1) that the Grand Forks Herald Sports Show was a great success this weekend and congratulations to the Grand Forks Herald and thanks to everybody that attended from our community and around the region and always a pleasure to show off the Alerus Center which is a great facility.
2) a reminder that the Mayor's state of the city address will be next Wednesday at 12:30 p.m. at the Alerus Center, the Chamber of Commerce is putting on a luncheon, but would like the public to know that there will be chairs set up in back and around the room for those that do not wish to have lunch, and community is welcome to come to the Mayor's state of the city address, and no charge for those who wish to come and hear the address.
3) he thanked Council Member Glassheim who is at the State Legislature and has not missed one evening of calling back to the council and appreciates his dedication to the city.

TABLE INDEFINITELY FINAL PLAT. PUBLIC HEARING AND
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 November 18, 2002 and upon which public hearing had been continued until this evening, was presented and read.

President Gershman opened the public hearing.

Dennis Potter, city planner, reported that the developer has withdrawn final plat for the concept and for the annexation, and recommended that the motion should be to deny the public hearing and second reading of the ordinance on the plat and to deny approval on second reading of the concept development plan.

It was moved by Council Member Christensen and seconded by Council Member Brooks that rather than move to deny and moved to table it indefinitely and that if they choose to bring it back we can resume.

COUNCIL MEMBER GLASSHEIM REPORTED PRESENT Mr. Potter stated that if they come back with a second proposal it will be with a different plan and that was his reason to deny and have to start the process over.

After some discussion and upon call for the question, the motion carried 6 votes affirmative.

TABLE INDEFINITELY PUBLIC HEARING AND SECOND
READING OF ORDINANCE TO AMEND THE ZONING
MAP TO REZONE AND EXCLUDE FROM A-1 (LIMITED
DEVELOPMENT) DISITRCT AND TO INCLUDE WITHIN
THE HOMESTEAD GROVE PUD (PLANNED UNIT DEVELOP-
MENT) CONCEPT PLAN ALL OF THE WEST HALF OF THE
SW QUARTER OF SECTION 22, T151N, R50W OF 5TH P.M.

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 the West Half of the Southwest Quarter of Section 22, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 18, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

President Gershman opened the public hearing.

Dennis Potter, city planner, reported that the developer has withdrawn final plat for the concept and for the annexation, and recommended that the motion should be to deny the public hearing and second reading of the ordinance and to deny approval on second reading of the ordinance.

It was moved by Council Member Christensen and seconded by Council Member Brooks to table public hearing and second reading of the ordinance indefinitely. Carried 6 votes affirmative.

APPROVE ABATEMENT OF 2001 AND 2002 TAXES
ON PROPERTY AT 3857 SOUTH 11TH STREET

The staff report from the city assessor relating to application for abatement of taxes for 2001 and 2002 by Joy Gullekson, 3857 South 11th street, with recommendation to Board of County Commissioners that applications be approved as submitted.

It was moved by Council Member Kerian and seconded by Council Member Kreun 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, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. President Gershman declared the motion carried.

APPROVE ABATEMENT OF 2001 TAXES ON PROPERTY
AT 5077 WEST ELM COURT

The staff report from the city assessor relating to the application for abatement for 2001 taxes by Diane Stanislowski, 5077 West Elm Court, with recommendation to Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Kerian and seconded by Council Member Kreun 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, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. President Gershman declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5444, DISTRICT NO. 415

The staff report from the engineering department relating to creation of a special assessment district for Project No. 5444, District No. 415, sanitary sewer to serve 2700 and 2800 blocks of 36th Avenue South, with recommendation to approve engineer's report, create special assessment district and direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5444, District No. 415.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 6 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8223 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 5444, DISTRICT NO. 415

The city auditor presented and read the engineer's report on Sewer Project No. 5444, District No. 415: Document No. 8224 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5444, DISTRICT
NO. 415

Council Member Kerian introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8225 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5431, DISTRICT NO. 139

The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5431, District No. 139, 2003 street lighting in Southern Estates 1st and 3rd Additions, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5431, District No. 139.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 6 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8226 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5431, DISTRICT NO. 139

The city auditor presented and read the engineer's report on Street Lighting Project No. 5431, District No. 139: Document No. 8227 - Report

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 5431, DISTRICT NO. 139

Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8228 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. President Gershman declared the motion carried and the resolution adopted.

APPROVE GUIDELINE CHANGES FOR PROPERTY TAX
EXEMPTIONS FOR QUALIFYING REMODELING PROJECTS
The staff report from the city assessor relating to guideline changes for (three-year) property tax exemptions for qualifying remodeling projects, with recommendation for approval of the changes of the resolution: Document No. 8229 - Guideline Changes.

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

Council Member Christensen stated that because there was discussion and debate concerning making sure that the citizens know that if they have property that is over 25 years of age that they have the right to apply for an exemption and wants to make sure that we have something as part of the process of issuing a building permit, that people are given notice and as this is a resolution could include notice as part of the resolution so that the building inspector knows they have to give people notice. He moved to amend the recommendation that the Inspections Office, along with the city assessor, be directed to develop a procedure so that upon the issuance of every building permit, that the people are given notice of the potential for an exemption under code section. Council Member Brooks seconded the motion.
Council Member Kreun stated there were several items they wanted included and if they could see a draft of the notice before actually implementing it.

Upon call for the question on the amendment and upon voice vote, the motion carried 6 votes affirmative.

Upon call for the question, as amended, and upon voice vote, the motion carried 6 votes affirmative.

APPROVE APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO COMMERCIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of improvements to commercial buildings at: 1118 22nd Avenue South, 1114 22nd Avenue South and 1110 22nd Avenue South, with recommendation to grant exemptions of increase value for 3 years.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. President Gershman declared the motion carried.

APPROVE AMENDMENT NO. 24 FOR PROJECTS NOS.
4810 AND 4816.3, IN-KIND ENGINEERING SERVICES

The staff report from the engineering department relating to Amendment No. 24 to Greater Forks Engineering Group for in-kind engineering services, Projects Nos. 4810 and 4816.3, with recommendation for approval of Contract Amendment 24 for professional services with the Greater Forks Engineering Group regarding in-kind engineering services related to relocation of city utilities for construction of the United States Corps of Engineers flood protection system for the city of Grand Forks (in the amount of $66,799.54).

Council Member Brooks questioned whether the services and reimbursement expenses (fee schedule) included in the agreement were changed or updated. Mr. Grasser stated the fee schedule reflected the 2003 hourly rates. He explained that the fees for the design of Lift Station 4, which has been done and the expenditure was $44,000 less than the not to exceed amount, now moving into the construction and inspection phase of Lift Station No. 4, that they found out that there is a watermain that needs to be replaced next to where running a forcemain as revising the lift station and that work has been added, $28,606.92, and the net amendment is the increased cost to do those two pieces of work - watermain and the construction activities, less the unused portion from the design fees, which nets out to about $66,800.00; they didn't use all the design fees and are applying it to the construction.

It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. President Gershman declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5456, DISTRICT NO. 416

The staff report from the engineering department relating to creating special assessment district for Project No. 5456, District No. 416, Lift Station 89 Rehabilitation, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5456, District No. 416.

Council Member Brooks questioned if the City was doing regular maintenance and giving lift station a backup power. Mr. Grasser reported that the work that is involved in this project, have an existing set of pump stations where equipment is fairly old and this project will replace those motors, starters and controllers, the $17 million project that had been presented earlier was a change or upgrade to this, this doesn't do anything to increase our capacity but makes sure the system will run.

Council Member Glassheim asked for clarification and if it couldn't be included in future reports and when it says the total assessment is $200.00 for a 10,000 sq/ft. lot, that is the total assessment over how many years. Mr. Grasser stated that is their estimate and looking at a 10-year assessment and probably fits with the expected life of electronics. Council Member Glassheim stated that would be est. $25.00/year in payments. The city auditor agreed that would be approx. somewhere in that range.

It was noted that the $17 million project is not going to be built, just to make sure the public understands that. Council Member Kreun stated that the system we work under is what we give our residents the information and they help us make that decision - after finding out the cost-benefit ratios.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 6 votes affirmative.

Council Member Christensen introduced the following resolution creating the assessment district, which was presented and read: Document No. 8230 - Resolution.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6. President Gershman declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5456, DISTRICT NO. 416

The city auditor presented and read the engineer's report on Sewer Project No. 5456, District No. 416: Document No. 8231- Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5456, DISTRICT
NO. 416

Council Member Christensen introduced the following resolution to prepare plans and specifications for Project No. 5456, District No. 416, which was presented and read: Document No. 8232 - Resolution.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. President Gershman declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5408, DISTRICT NO. 589

The staff report from the engineering department relating to creating special assessment district for Project no. 5408, District No. 589, (paving on South 20th street from 44th Avenue South to 47th Avenue South), with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5408, District No. 589.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

Council Member Christensen asked to recuse himself from voting on this matter, and it was so moved by Council Member Kerian and seconded by Council Member Kreun. Carried 5 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8233 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Brooks that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Kerian, Kreun - 5; voting "nay": none; Council Member Christensen excused from voting. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5408, DISTRICT NO. 589

The city auditor presented and read the engineer's report on Paving Project No. 5408, District No. 589: Document No. 8234 - Report.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this report be and is hereby approved. Carried 5 votes affirmative; Council Member Christensen abstaining.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5408, DISTRICT NO. 589

Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8235 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Brooks that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Kerian, Kreun - 5; voting "nay": none; Council Member Christensen abstaining. President Gershman declared the motion carried and the resolution adopted.

APPROVE PURCHASE OF FARE COLLECTION SYSTEM
FOR PUBLIC TRANSPORTATION DEPARTMENT

The staff report from the Public Transportation department relating to contract with C-Card and the City of Grand Forks, with recommendation to approve the agreement between the City of Grand Forks and C-Card, Inc. for fare collection system to be paid on 80-20 matching ratio, Federal share $114,373 and local cost of $28,593.

Council Member Brooks stated he didn't see any bid information in the staff report and asked if they normally bid these because of dollar level. Mr. Feland reported this was bid and information provided was for the lowest bidder and was consensus of group between the City, Fargo and Moorhead that this was the best system at the lowest price.

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 Glassheim, Gershman, Christensen, Kerian, Kreun - 5; voting "nay": Council Member Brooks - 1. President Gershman declared the motion carried.

TABLE PETITION FOR ORDINANCE TO ANNEX PORTION
OF HOMESTEAD GROVE FIRST ADDITION INDEFINITELY

The staff report from the Planning and Zoning Commission relating to petition from LPF Properties for approval of an ordinance to annex a portion of the Homestead Grove First Addition as follows: that part of the West Half of the Southwest Quarter of Section 22, Township 151 North, Range 50 West of the Fifth Principal Meridian, with recommendation to table final approval of the ordinance until March 5, 2003.

Dennis Potter, city planner, recommended denial of the introduction of the ordinance, however, if the council chooses to defer it or table indefinitely.

It was moved by Council Member Christensen to table this indefinitely. The motion was seconded by Council Member Kreun. Carried 6 votes affirmative.

TABLE REQUEST FOR FINAL APPROVAL OF A REPLAT
OF LOT 2, BLOCK 1, YOUNG SUBDIVISION, INCLUDING
VARIANCE OF SUBDIVISION REGULATIONS, UNTIL
COMMITTEE OF THE WHOLE MEETING ON MARCH 10, 2003

The staff report from the Planning Department relating to request from Warren and Colette LeClerc for final approval (fast track) of a replat of Lot 2, Block 1, Young Subdivision, Grand Forks, North Dakota (lying in the Southeast Quarter of Section 33, Township 151 North, Range 50 West of the 5th Principal Meridian) and including a variance to Section 18-0907(5)(A) of the subdivision regulations in regards to minimum lot sizes in the A-2 (Agricultural Reserve) District (located at 7274 South Washington Street), with recommendation to deny the request for final approval of a replat of Lot 2, Block 1, Young Subdivision.

It was noted that a letter had been received from Warren and Colette LeClerc asking for delay in the matter until they can have more time to meet with several council members and to prepare their case. Mr. Potter reported that the LeClerc's had called the planning office last week and asked if they would support the continuance and they do.

It was moved by Council Member Brooks to table to the committee of the whole meeting in three weeks (to March 10, 2003). Council Member Kreun seconded the motion. Carried 6 votes affirmative.

APPROVE PRELIMINARY PLAT AND INTRODUCE TO INCLUDE THE PUBLIC R/W SHOWN AS DEDICATED
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of the plat of Cornerstone Estates Addition to the city of Grand Forks, North Dakota (located in the 700 block of 55th Avenue South), with recommendation to grant preliminary approval of the plat of Cornerstone Estates Addition, subject to the conditions shown on the review copy and give preliminary approval to the ordinance amending the Street and Highway Plan and set a public hearing for March 17, 2003.

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

Council Member Christensen 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 Cornerstone Estates Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.


INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN CRARY'S PUD (PLANNED UNIT
DEVELOPMENT) CONCEPT DEVELOPMENT PLAN, THAT
PART OF SE QUARTER OF NW QUARTER AND THE SW
QUARTER OF NE QUARTER OF SECTION 27, T151N,
R50W OF 5TH PRINCIPAL MERIDIAN

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Crary Development, Inc. for preliminary approval of an ordinance amending the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the Crary PUD (Planned Unit Development), Concept Development Plan (located in the 5600 block of Belmont Road), with recommendation to give preliminary approval to the ordinance and Planned Unit Development, Concept Development Plan, subject to conditions shown on the review copy and set a public hearing for March 17, 2003.

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

Council Member Kreun introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Crary's PUD (Planned Unit Development) Concept Development Plan, that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, lying easterly and northerly of TJ's First Addition, southerly of Mighty Acres Second Addition and westerly of Julien's No. 2 Subdivision all of the city of Grand Forks, North Dakota", which was presented read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX CORNERSTONE
ADDITION TO THE CITY OF GRAND FORKS

The staff report from the Planning and Zoning Commission relating to the request from Tim Crary on behalf of Crary Development, Inc. of an ordinance to annex Cornerstone Estates Addition to the city of Grand Forks, North Dakota (located in the 700 block of 55th Avenue South), with recommendation to give preliminary approval of the ordinance and set a public hearing as required by law.

Council Member Christensen stated there may be some discussion regarding the annexation because a portion of the property to be annexed is Ray LeClerc's; Mr. Potter stated that he and the city attorney will have it done before the hearing on the annexation. Council Member Christensen asked for an update on negotiations within the next two weeks.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved and that the public hearing be scheduled for March 17, 2003. Carried 6 votes affirmative.

Council Member Kreun introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN TO EXCLUDE THE GRAND FORKS-EAST GRAND FORKS
2022 TRANSPORTATION PLAN UPDATE

The staff report from the Planning Department relating to the request from their department to amend the Grand Forks Land Development Code to exclude therefrom the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway Element, 1999 Pedestrian Element, 2002 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks-East Grand Forks ITS Strategy Plan Element) together with all maps, information, recommendations and data contained therein, with recommendation to give preliminary approval to the ordinance and set a public hearing date for March 17, 2003.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved with the exception that the proposed ordinance under paragraph (C)3. below B. include C. Bus Routes, and would exclude from Planning and Zoning those three items: fare structure, vehicle types and bus routes, and busing would be at council level. Council Member Kerian seconded the motion.

Council Member Glassheim stated that he still maintains that 32nd Avenue is the best bridge location and asked if we have made fairly firm commitment to exclude that in discussions as this has 32nd being excluded from any bridge location. Council Member Christensen stated that this has nothing to do with location of the bridges and there will be further conversations regarding the bridges, and that the MPO will have some additional hearings and one or two hearings before Planning and Zoning, and then to the city council. Council Member Glassheim stated in the proposed ordinance in 4. A. it specifically states that it excludes the designation of 17th Avenue South and 32nd Avenue South as inter-city bridge locations. Council Member Christensen stated that the MPO approved at its last meeting a recommendation of two bridge locations and that is coming forward and that the process comes forward and goes to Planning and Zoning and at that time be in a position to either amend 4. A. or do something else, but process about to begin.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

Council Member Christensen 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; 2001 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.

APPROVE BILL LISTING

Vendor Payment No. 03-04, dated February 18, 2003 and totaling $1,289,159.66, was presented and read. It was moved by Council Member Kerian and seconded by Council Member Brooks 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, Glassheim, Gershman, Christensen, Kerian, Kreun - 6, voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.
APPROVE MINUTES FEBRUARY 3, 2003

Typewritten copies of the minutes of the city council meeting held on Monday, February 3, 2003, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Glassheim that the minutes be approved. Carried 6 votes affirmative.

COMMENTS BY MAYOR AND CITY COUNCIL

1) Council Member Brooks presented items as follows:
a) that he has received phone calls re. 42nd Street, that the lanes from University Avenue to Gateway Drive narrow down at University Avenue from four lanes to two lanes, that the bike path has been discontinued because of safety reasons, the bike path signs are down and lanes will come off - the path is on the sidewalk to the west side of 42nd Street.
b) that last week he attended Board meeting for EDC where they presented program of action from 2002 and what is proposed for 2003, and asked Mr. Duquette to contact reps. at EDC to see if can get short presentation for city council.
c) that he received listing of members of Military Relations Committee, that mayor was not on the listing, that one name crossed off and if that person is going to be replaced, and that he had heard concern about including somebody from the county commission because of the housing issue, and East Grand Forks with their flood recovery efforts make contact with their Congressional delegation and to keep them attuned so they could carry the same message. President Gershman stated he would pass that on to Mr. Marshall.
d) if there is a timeframe re. agreement with hotel negotiations; Council Member Kreun stated that they are proceeding forward with some of that information and still gathering information with the Canad people.

2) Council Member Glassheim stated he has received the CIP program changes and if they have been approved. President Gershman stated that is still open and will regroup and discuss further.

3) Council Member Kerian stated re. drainage problems in the city and the $17 million project, and is reluctant to say that they are not going to do those things, don't have an immediate plan but heard that we're not going to do it and hopes that is not an accurate statement and that still going to try to look for a way to do that but not in the way that was presented - that still continues to be a problem for the city, that the chances of rains greater than an inch and a half are still there, no immediate answer or costs but reluctant to say we're not going to do it.

4) Council Member Christensen stated that has to do with the $17 million project that didn't get done and now going to fix the lift stations - the issue that faces this council and future councils is that there is a lot of capital improvements that are needed and will continue to be needed and the challenges that they will be facing in this budget cycle and in future budget cycles as they look at the rate structure report they just received is how do we fund those requests - the special assessment seems to work well the first time but going to be large challenge for this council to find money to fund what actually would be $27 million worth of projects in the University area and in south end, that they were given report last week concerning some rate increases and that there is a lot of concern in the community that this council is the same as any other council, just seem to spend money. He stated that council people meet many times and spend a lot of time agonizing over these issues and heard citizens well when they didn't want the $17 million project, and that there weren't people that that didn't want the project but council heard you well and have some serious challenges as they address our future capital needs just to give you water, sewer and streets, and to bear with us.

5) President Gershman stated when the drainage project was first brought forward, he suggested that it may be time for council to start to look at unraveling the special assessments that we are doing, start with this and over period of 10 years or 5 years that we unravel it - didn't mean that it will never be done but probably something that has to be done.

He stated that we just came off orange terrorist alert, and concerned about the security cost, if we have had any additional costs in the community and if we do qualify for federal reimbursement on that.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Harold A. Gershman, President of City Council