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17971
February 19, 2002
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 19, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 19, 2002 at the hour of 7:00 o’clock p.m.(following Growth Fund meeting) with President Gershman presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14.

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 stated they would like to extend condolences from the City to the family of Ray Corbett, who passed away last week; that Mr. Corbett was a long time dedicated city employee. He congratulated the quick thinking people at Public Works for saving our garbage truck when they realized the garbage was on fire and were able to get it out of the vehicle. He congratulated the Sertoma Club and the Grand Forks Herald for sponsoring the first sports show in Grand Forks since 1990, that they had hoped for 5,000 attendance but had 7,700 people attend. He stated that the Center for Innovation will be holding a North Dakota Entrepreneur Hall of Fame Ceremony on Thursday; that the International Ag Expo is running on Thursday and Friday at the Alerus Center and the Wind Energy and Rural Development Workshop takes place on Friday at the Alerus, that is sponsored by Senator Dorgan with a lot of work being put together with the Energy and Environmental Research Center, and is an important issue on local, national and global level and we are proud that Grand Forks can serve as the workshop's host. He also stated good luck to the participants and fans for the State High School Hockey Tournament, this is the first year at the new Ralph Engelstad Arena and weekend should be bigger and better than it usually is; that Senator Dorgan and Senator Conrad and Governor Hoeven will be coming to town to participate in some of these events and would like to offer them an early welcome to our growing and ever more exciting city.

ADOPT ORDINANCE NO. 3915, 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) (APPROVAL OF BUS
FARES)

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 had been introduced and passed on its first reading on January 22, 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 to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

A staff report from the Planning and Zoning Commission relating to the request from the Grand Forks Planning and Zoning Department for final approval of an ordinance to amend Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (3001 Bikeway Element, 1999 Pedestrian Element, 2001 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks/East Grand Forks ITS Strategy Plan Element), together with all maps, information and data contained therein, with recommendation to deny final approval of the ordinance on February 19, 2002.

President Gershman opened the public hearing and noted that the hearing is relative only to the fare increases and not eliminating buses or services or size of the bus system and asked that anyone speaking to this issue to please limit their comments to the increased fare and to hold their comments to two minutes each as there are a number of people who wish to address this issue.

Council Member Burke asked if the city attorney would explain why they have this item before us and what is required of the council to uphold the previous council action. Mr. Swanson, city attorney, stated that there has been no prior action taken by this council other than a referral for public hearing, which occurred on December 3, that the matter is before the council for its consideration following a recommendation from Planning and Zoning Commission. Council Member Burke stated that he has read in various places that it would be required of the council to have a two-thirds majority to uphold the recommendation that they sent to hearing and if that was correct. Mr. Swanson stated he didn't find a provision in State law that is as clear cut as that; finds a unique circumstance, that for some reason we have described the Transportation Element as part of the Master Plan, however, under State law a master plan that is required to be approved by Planning and Zoning Commission and then acted upon by the city council does not relate in any respect whatsoever to public transportation, rather that relates to various matters including location, character of streets, waterways, waterfronts, playgrounds, plazas, squares, open spaces, parks, public buildings, public property, public utilities, removal, relocation, widening, narrowing, abandonment, change or extension of roadways, public ways, open ways, buildings, properties, terminals or utilities, that he understands from a discussion with Mr. Potter that he had reviewed one provision of the Century Code which relates to permission to build or construct any of those items in a manner different than contained in the master plan. In reviewing Chapter XVIII of the City Code relating to the Planning and Zoning's jurisdiction, finds that the city council has the ability to refer to Planning and Zoning any matter that the council deems appropriate, which would include public transportation - that we get into a circle because in that Code section it says that the master plan may be changed as provided by State law - State law provides no direction as to how to change a public transportation element, that in an attempt to eliminate confusion, he spoke with the Attorney General's Office today and that there are no attorney general's opinions on this point whatsoever, no North Dakota cases interpreting this provision and they are as perplexed as he is. As a result, the only advise he can give is that the master plan is contemplated by the North Dakota Century Code, Chapter 40-48, doesn't appear to apply whatsoever to public transportation elements; that although this is parliamentary procedure, note that Planning and Zoning defeated a motion to approve but never did forward a motion to this body, and would have to interpret their intent as not wanting to approve or act consistent with recommendation to increase fares but that they never sent anything out of their body to the council. Council Member Burke asked if it would be the city attorney's advise to the council that they are making an initial judgment on whatever motion the council chooses to consider and that it requires only a simple majority for passage. Mr. Swanson stated he believed so, unless there is some history that either Mr. Potter or Mr. Haugen can shed light as why a public transportation element is contained within the municipal master plan so that it falls within the provisions of the Century Code, he sees nothing in the State law that would govern that, particularly as it relates to establishment of level of fares, that seems to be a detail and escapes him as to why it would be included in a master plan anyway. He stated that procedurally the council does not have a motion before them, the item on the agenda is basically a final approval.

Council Member Kreun stated he was asked by Mr. Malm as one of the representatives of the Planning and Zoning Commission to bring forth some information and may clarify some of their position - they felt very uncomfortable with this decision and being a part of it, they had not had the ability to look at and analyze a lot of the information that was put out and forwarded this information without actually making a recommendation to the city council. He stated in further discussion during the process and after the meeting was over, Mr. Malm volunteered him again to bring some of that information to this group - that the only thing that really seemed to be a problem in the recommendation to Planning and Zoning is that the student rate was a little too high in comparison with some of the other rates that were brought forward, and their thought process was that if that rate would be brought more in line with the other rate increases, that the people that spoke to that issue at that meeting at the Planning and Zoning Commission would probably be in favor of that and would be a $0.75 rate increase on the student rate rather than $1.00, and that after the public hearing, he will bring that as a motion for debate.

Council Member Christensen stated he had questioned how the Planning and Zoning Commission would have the authority to act on this and researched; that in September 1994 the master plan was changed to incorporate your transportation plan because the MPO required more public input as to items that came before them; that in 1994 to expedite the public input part of the MPO process they attached the transportation plan to the master plan so that anytime they wanted to make a change to the master plan they would get public hearings de facto when it was considered at the Planning and Zoning; and that Mr. Potter came to the conclusion that the two-thirds majority that is in that statute that the city attorney referred to, would control any recommendations made by the Planning and Zoning (that if the master plan is adopted by the Planning and Zoning and if the council wishes to deviate from the master plan as we approve the master plan then would have to override the Planning and Zoning by two-thirds). He stated that our parliamentarian has now ruled that the master plan has nothing to do with transportation, therefore, by implication you could argue two-thirds but doesn't think it applies and would be a mere majority. He stated that after considering this item, we should look into amending our master plan to delete any reference to the transportation element that deals with fares, and doesn't think that Planning and Zoning should have anything to do with financial matters as far as overriding what the council does; that we need to review our public input process and means of gathering public input for various items that MPO does and reviews.

Council Member Kreun stated that for the majority of the Planning and Zoning they would be in agreement with him, as they do not feel comfortable with that position and do not intend to set those fares and that is why it came back without a recommendation.

President Gershman asked for comments from the audience.

The following individuals spoke in opposition to the increase in bus rates.
Judy Hemness, 414 3rd Avenue South.
Frank Harlow, 110 Cherry Street, Apt. 102
Bobby Vogel, 2500 14th Avenue South, No. 11
Mary Weaver, 509 Cherry Street
Petra Clemens, 222 North 9th Street, #1
Jerome Iverson, 210 Gateway NE, #4, East Grand Forks, MN

President Gershman closed the public hearing.

Council Member Burke pointed out that the recommendation from the Task Force with regard to the fares was passed on a 3-2 vote, and two dissenting voters were Council Member Bakken and himself and 3 affirmative votes were the three citizen members of the task force, all of whom have some ties to the disability community. The main concern seems to be with regard to the vote at the Planning and Zoning Commission that has to do with the student fares and the recommendation from the Task Force was to raise it from $0.60 to $1.00 and that was his motion at the Task Force; and the point of raising it that much was to get it to the point where the School District no longer found it advantageous to participate in the tripper program and seek a private bus company to do that, that if we end up with $1.00 fare that's probably what will happen - we operate 4 trippers, 1 is for transportation to a sheltered workshop and the other 3 go to Kelly, Valley and Schroeder Jr. High Schools, and only 3 routes that are involved - that in talking with Mr. Foster, Public Transportation, in the past year those trippers generated approx. 35,000 rides and additional approx. 35,000 or 36,000 student fares were taken on the regular fixed route rides, and in total have about 71,000 student fares, half of which are on the trippers, and half of which are on the fixed route. He stated when it comes to the current fares, the $0.60 student fares, we sell those tickets at that price to the School District and they in turn sell them to the students at $0.50, the School District subsidizes that ride by $0.10 and that he was told by the School District that the $0.10 comes from State Aid for school transportation - the rest of the bus rides in the city by the School District are provided by a private company, the private company gets the money pass-through State Aid from the State through the School District to the bus company at approx. $0.67 per mile and $0.50 per ride, they charge the School District $0.50 for a ticket and the School District sells those tickets to the students for $0.50, if the private bus company were to take over the 3 tripper routes that the City currently operates for students, it would be financially to the School District's advantage because they would no longer have to subsidize each ride by $0.50, Dietrich Bus Service which provides the other bus service for school students says they would be willing and able to provide service on tripper routes almost immediately, and thinks it would be reasonable to have that start up in the fall, and they would still continue to pay through the State Aid to the bus company for their mileage and the School District would not have to subsidize the bus tickets that they sell to the students who are now using the Grand Forks city bus trippers; and thinks it makes sense to not only raise the fare but to do away with the trippers and he will make the motion to approve the recommendation from the Task Force that rather than raise the student fares, to do away with the tripper service, and leave the student fares as they are, because we will have, if the conditions continue, approximately 35,000 rides by students on the fixed route system and don't want to discourage that, but want to encourage that the School District use the most efficient and cost effective means of transportation for special school routes and believes that is a private bus company going in where we now have the free tripper routes; and his motion is to approve the Task Force recommendation with the exception that student fares stay at $0.60 and that we eliminate the three school tripper routes effective the end of the current school year. Council Member Stevens seconded the motion.

Council Member Glassheim called a point of order if that is an appropriate motion as the acting mayor asked council to confine themselves only to the pricing. President Gershman stated that was correct; and asked for comment.

Council Member Martinson stated he thought that discussion was dealing with the price increase issue only. Council Member Bakken suggested we could have one more fare category, tripper category bus price for $1.00 and regular student fare any other time is $0.75 and that would still give a raise on students after hours and weekends, etc. and differentiate the tripper service from the other service.

President Gershman stated they were trying to determine if this motion is even germane because the public hearing was dealing with fares only and ruled the motion out of order because it deals with issues other than fares. Council Member Burke asked if the motion was appealable. Mr. Swanson stated that the chair's order on a motion is appealable and an override of the chair's motion would be by majority vote.

Council Member Christensen stated the issue is fare increase, not elimination of tripper service, and thinks the chair's ruling is correct because that would be a change in our transportation plan, and believes that Council Member Burke raised some good issues as to efficiencies in delivering total overall transportation service and thinks that administration should look into the points Council Member Burke raised and would be good points to address in the budgeting process and should be done soon.

Council Member Burke moved to appeal the chair's ruling on whether the motion is germane. Council Member Bjerke seconded the motion.

Council Member Martinson stated this public hearing relates only to rate increases and not with any subjunctive items that are not germane to the fare increase, and if go on and do something else tonight without due notice to the public, he would ask for comments from the city attorney.

Council Member Glassheim stated that in addition to the public he was not too happy about getting surprises thrown at him without any information or knowledge or staff research and if do go onto this motion, then would hope they would hold it again and have research done on the implications.

The city attorney stated he interpreted the motion to be a motion to override the chair's ruling, a yes vote would be to override the ruling and a no vote to uphold the ruling.

Upon call for the question and upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Burke - 4; voting "nay": Council Members Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Hamerlik, Glassheim, Gershman - 10. President Gershman stated that the motion failed.

Council Member Kreun moved to accept the fares as provided in the handout (Adult: $1.50 $10.00 (10 tickets; Senior: $0.60 $5.00 (10 tickets); Disabled: $0.60 $5.00 (10 tickets); Student $1.00 $10.00 (10 tickets); All Day Monthly Pass $32.00; Off-Peak Monthly Pass $17.00; Dial-a-Ride: $3.00 first ride/$1.50 second and additional; fare changes go into effect at same time for new ticket readers, registering fareboxes, are installed and working and City will exchange outstanding tickets with credit for new tickets and the old tickets will not be usable) except that student fare would be at $0.75 per ride with a similar discount rate for the group purchase of tickets, and to adopt the ordinance. The motion was seconded by Council Member Christensen.

Council Member Hamerlik stated that the bulk of the people who ride the buses consistently buy the tickets and it's a $0.10 increase for adult fares and $0.05 for others and student fare will drop to $0.75 and if discuss anything further relating to other changes in the bus system (tripper), that we owe it to other agencies, i.e., school administration to discuss with them and see what other things enter into it other than dollars because only fair that we study it further and work with them.

Council Member Burke stated that in the budget briefing presentation that the city bus staff did for this budget year, included a recommended increase of 20 cents from 60 to 80 cents of the student fare and that if the School District didn't find that agreeable to consider doing away with the tripper service for the school routes, that was a short term goal or recommendation from the city bus staff; and has been discussed recently and disappointed that not dealing with the elimination of the tripper service because many times we've decided to put off good ideas to study later on while we continue with what we're doing right now and later never comes. He moved to amend the motion on the floor to include a $1.00 student fare. Council Member Bjerke seconded the motion.

Upon roll call the following voted "aye": Council Members Bakken, Brooks, Bjerke, Stevens, Burke - 5; voting "nay": Council Members Christensen, Klave, Kerian, Kreun, Martinson, Hamerlik, Glassheim, Gershman, Lunak - 9. President Gershman declared the motion defeated.

Council Member Glassheim stated he would like to get to the question that has been asked and thinks the citizens of Grand Forks ought to know; what's the state of the buses economy - do we need the increase, what is the increase for and asked if Mr. Feland would let them know if we anticipate a deficit, do we anticipate a balanced budget this year without an increase and what are the likely or possible reasons in the future to make small raises, if any, and what is the rationale and justification, if any, for some increase.

Todd Feland, director of public works, stated that the financial status of the public transportation department, including the dial-a-ride, senior transportation system and the city bus, has an approx. $200,000 cash balance; however, next year will be the last year for the T21 Federal Transportation bill, and we do have some uncertainty after next year what's going to happen with future legislation. He stated that a few years ago we thought that we wanted a cash balance not knowing what's going to happen in the future, and have been getting through with the aid of the federal budget process and have been receiving federal capital money to purchase vehicles - one was for cushion for what may happen after next year and for matching funds related to vehicles. We are not going into a deficit next year, however, caution that next year is the last year of that federal transportation bill and don't know what's going to happen after that with public transportation - and thinks that the fares are going to go up because we were looking at the long term viability and revenue streams within the public transportation department but perhaps the task force looked at what other public transportation companies charge and felt that the rates that were proposed were fair and rational and looked at the long term viability of public transportation. Council Member Glassheim stated that Mr. Feland's sense of this is that the raises are a long term commitment to the strong continuing bus service. Mr. Feland stated that we have utility rates that we look at each year but haven't looked at public transportation fares and doesn't expect that next year or the year after that we would come back in for another fare adjustment, and are looking at a long term investment. He stated they increased the dial-a-ride fares in 1998 from $2.00 to $2.50, that increase did not decrease the ridership.

Council Member Martinson called for the question, Council Member Brooks seconded the call. Upon voice vote the motion carried.

Upon call for the adoption of the ordinance (and amendment to the Transit Element of the Transportation Plan to increase fares for the fixed route and dial-a-ride paratransit services, except that the student fare would be at $0.75 per ride with a similar discount rate for the group purchase of tickets) and upon roll call vote the following voted "aye": Council Members Brooks, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 11; voting "nay": Council Members Council Members Bjerke, Burke and Lunak - 3. President Gershman declared the motion carried and the ordinance adopted.

CONTINUE FINAL APPROVAL OF THE PLAT OF WEST
CAMPUS RESUBDIVISION; AND PUBLIC HEARING AND
SECOND READING OF AN ORDINANCE TO REZONE AND
INCLUDE WEST CAMPUS RESUBDIVISION WITHIN THE WEST
CAMPUS PUD TO MARCH 4, 2002

The staff report from the Planning and Zoning Commission relating to the request from Rick Tonder on behalf of the University of North Dakota for final approval of the plat of West Campus Resubdivision, being a replat of all of Blocks 2 and 3, Burlington Northern Industrial Park Resubdivision, including portions of North 42nd Street and University Avenue right of way and vacated North 43rd Street and 1st Avenue North. This plat also hereby corrects the plat of Burlington Northern Industrial Park Resubdivision by the removal of the southerly 15 feet of Lots 3, 4, and 5, Block 2, Burlington Northern Industrial Park Resubdivision, Grand Forks, North Dakota; with recommendation for final approval of the plat of West Campus Resubdivision to the city of Grand Forks, North Dakota, subject to the conditions shown on or attached to the review copy.

The staff report from the Planning and Zoning Commission relating to the request from Rick Tonder on behalf of the University of North Dakota for final approval of an ordinance to rezone and exclude from the U-D (University District) and to include within the West Campus PUD (Planned Unit Development), Concept Development Plan, all of West Campus Resubdivision, Grand Forks, North Dakota, with recommendation for final approval of the ordinance and Planned Unit Development, Concept Development Plan, subject to the conditions shown on or attached to the review copy.

Dennis Potter, city planner, asked the council to continue this matter to our next city council meeting.

It was moved by Council Member Klave and seconded by Council Member Kreun to continue these items to the next city council meeting, March 4, 2002. Carried 14 votes affirmative.

APPROVE FINAL PLAT OF THE REPLAT OF LOT 1, BLOCK
B, SKELLY OIL COMPANY SUBDIVISION

A staff report from the Planning and Zoning Commission relating to the request from Arch Simonson on behalf of CNCI Properties, Inc. for final approval (fast track) of the replat of Lot 1, Block B, Skelly Oil Company Subdivision to the city of Grand Forks, North Dakota, including a variance to a minor subdivision plat defined by the Land Development Code and as it relates to the dedication of utility easements (located east of North 48th Street between Gateway Drive and Rose Avenue), with recommendation for final approval of the replat (fast track) of Lot 1, Block B, Skelly Oil Company Subdivision to the city of Grand Forks, ND, including a variance to a minor subdivision plat defined by the Land Development Code and as it relates to the dedication of utility easements.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 4, BLOCK 1,
ADAMS DOBMEIER 3RD RESUBDIVISION

A staff report from the Planning and Zoning Commission relating to the request from Bill O'Keefe for final approval (fast track) of the replat of Lot 4, Block 1, Adams Dobmeier 3rd Resubdivision to the city of Grand Forks, ND, including a variance to a minor subdivision plat defined by the Land Development Code and as it relates to the dedication of utility easements (located at 5550 1st Avenue North), with recommendation for final approval to the replat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT PETITION TO VACATE NUMEROUS STREETS,
AVENUES, INTERSECTIONS AND ADJOINING 10-FOOT
WIDE UTILITY EASEMENT AS PLATTED AND DEDICATED
ON THE PLAT OF COLUMBIA PARK 26TH ADDITION

The staff report from the Planning and Zoning Commission relating to the petition from Art Greenberg, Jr. for approval of a resolution to vacate numerous streets, avenues, intersections and adjoining 10-foot wide utility easement as platted and dedicated on the plat of Columbia Park 26th Addition to the city of Grand Forks, ND, said streets, avenues, and intersections are more specifically described as follows: 1) all that portion of South 23rd Street being bounded on the north by the east-west extension of the south right of way line of 36th avenue South and being bounded on the south by the east-west extension of the north right of way line of 38th Avenue South; 2) all that portion of South 23rd, 24th and 25th Streets being bounded on the north by the east-west extension of the south right of way line of 38th Avenue South and being bounded on the south by the east-west extension of the north right of way line of 40th Avenue South; 3) all that portion of 38th Avenue South being bounded on the southeast by the northeast-southwest extension of the northwest right of way line of South 20th Street and being bounded on the west by the north-south extension of the east right of way line of South 26th Street; 4) all of the four intersections of South 23rd (two intersections), 24th and 25th Streets with 38th Avenue South; all as shown on the map which is by reference made a part hereof. All vacated area is located between 36th and 40th Avenues South and between South 20th and 26th streets; with recommendation for the city council to set a public hearing as prescribed by law and give final approval to a resolution to vacate numerous streets, avenues, intersections and adjoining 10-foot wide utility easement platted and dedicated on the plat of Columbia Park 26th Addition to the city of Grand Forks. All vacated areas is located between 36th and 40th Avenues South and between South 20th and 26th Streets.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, April 1, 2002. Carried 14 votes affirmative.

APPROVE PRELIMINARY PLAT OF REPLAT OF ALL
OF BLOCKS 1, 2, 4, 5, 6 AND 7, COLUMBIA PARK 26TH
ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Steve Adams on behalf of Art Greenberg, Jr. for preliminary approval of a replat of all of Blocks 1, 2, 4, 5, 6 and 7, Columbia Park 26th Addition to the city of Grand Forks, ND including all vacated streets and avenues therein located between 36th and 40th Avenues South and between South 20th and 26th Streets, with recommendation to give preliminary approval to the plat on February 19, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF MAC'S NGF ADDITION

The staff report from the Planning and Zoning Commission relating to the request from George G. McEnroe for preliminary approval of the ordinance amending the Street and Highway Code located in plat of MAC's NGF Addition, Falconer Township, Grand Forks, ND, being a part of the Southeast Quarter of Section 18, Twp. 152 North, Range 50 West of the Fifth Principal Meridian (said addition is located west of North 42nd Street and north of 54th Avenue North), with recommendation to introduce the ordinance amending the Street and Highway Code, and set a public hearing for March 18, 2002.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik 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 MAC's NGF Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

AUTHORIZE INCREASE IN WEED AND LONG GRASS
CUTTING ASSESSMENT RATES

The staff report from the Health Department relating to resolution - increase weed and long grass cutting assessment rates (Article 1, 10-0112), with recommendation to approve resolution increasing grass cutting assessment rates: Parcels 1,200 sq.feet or less from present rate of $10.00 to proposed rate of $75.00; parcels between 1,201 and 3,500 sq.feet. from $22.50 to $100.00; parcels between 3,501 and 7,000 sq. feet from $28.50 to $125.00; and parcels in excess of 7,001 sq.feet - per 3,500 sq.feet or any portion thereof from $15.00 to $25.00.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE ABATEMENT OF 1998 AND 1999 TAXES ON
PROPERTY AT 2656 SOUTH 26TH STREET

The staff report from the Assessing Department relating to the applications for abatement for 1998 and 1999 taxes by Peter C. and Eunice R. Kuhn on 2656 South 26th Street (Lot C (of Replat), Block 4, BFM Addition, with recommendation to the Board of County Commissioners that the application for 1998 be approved as submitted and for 1999 that it be approved in part by reducing the market value to $105,000.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 14 votes affirmative.

ACCEPT BID FOR TRUCK FOR STREET DEPARTMENT

The staff report from the director of public works relating to the street department tandem truck bid, with recommendation to approve bid of Wallwork Truck Center as the lowest and best bid at $56,883.00.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried.

APPROVE FUNDS FOR SECURITY SYSTEM AT MUNICIPAL
COURT

The staff report from the Municipal Court relating to request for carryover money to be used to install security system, with approval of carryover money to use for security system.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5333, DISTRICT NO. 138

The staff report from the engineering department relating to create special assessment district for City Project No. 5333, District No. 183, street lighting on Nordonna Circle, 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. 5333, District No. 138.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8131 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5333, DISTRICT NO. 138
The city auditor presented and read the engineer's report on Street Lighting Project No. 5333, District No. 138: Document No. 8132 - Report.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this report be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 5333, DISTRICT NO. 138

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8132 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5331, DISTRICT NO. 136

The staff report from the engineering department relating to create special assessment district for City Project No. 5331, District No. 136, street lighting on Mighty Acres Drive, 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. 5331, District No. 136.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8134 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5331, DISTRICT NO. 136

The city auditor presented and read the engineer's report on Street Lighting Project No. 5331, District No. 136: Document No. 8135- Report.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this report be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 5331, DISTRICT NO. 136
Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8136 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried and the resolution adopted.

APPROVE OPTION FOR ENGLISH COULEE DIVERSION
CONTRACTOR TO TRANSPORT EXCESS EARTH MATERIAL,
PROJECT NO. 5116, ENGLISH COULEE DIVERSION

The staff report from the engineering department relating to excess earth material from Project No. 5116, English Coulee Diversion Project, with recommendation to approve option for English Coulee Diversion contractor to transport excess earth material from project to the municipal landfill and approve associated budget amendment in the amount of $250,000.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried.

ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NOS. 4648.3 AND 4948.2, WATER TRANSMISSION
PIPELINES AND RESIDUALS FORCEMAIN, PHASE II

The staff report from the engineering department relating to bids for City Projects Nos. 4648.3 and 4948.2, Water Transmission Pipelines and Residuals Forcemain, Phase II (34th Street to WTP), with recommendation to award contract to Molstad Excavating, Inc. in the amount of $7,984,477.50 for the base bid plus Alternate No. 1, contingent upon review and approval by the North Dakota Department of Health.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried.

APPROVE AMENDMENT NO. 20 TO ENGINEERING
SERVICES AGREEMENT FOR IN-KIND ENGINEERING FOR
CITY PROJECTS NOS. 4810, 4815, 4815.1, 4816.1, 4816.2 and 4817,
INTERIOR DRAINAGE

The staff report from the engineering department relating to Amendment no. 20 to Greater Forks Engineering Group for in-kind engineering City Projects Nos. 4810, 4815, 4815.1, 4816.1, 4816.2 and 4817, Interior Drainage, with recommendation to approve Amendment 20 to Greater Forks Engineering Group in the amount of $19,910.40.

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. President Gershman declared the motion carried.

APPROVE 2002 SPECIAL EVENTS PROGRAM

The staff report from the Office of Urban Development relating to the 2002 Special Events Program, with recommendation to approve the committee's funding recommendation: Document No. 8137 - Report.

It was moved by Council Member Hamerlik that we support and adopt the committee's recommendations on the Special Events Programs. It was seconded by Council Member Kerian.

Council Member Burke moved to amend the motion to reduce the recommended grants by 50% across the board; the motion was seconded by Council Member Bjerke.

Council Member Hamerlik called for the question, which was seconded by Council Member Brooks; carried 14 votes affirmative.

Upon roll call vote, the following voted "aye": Council Members Bjerke, Burke - 2; voting "nay": Council Members Klave, Kerian, Bakken, Kreun, Martinson, Brooks, Stevens, Hamerlik, Glassheim, Gershman, Lunak, Christensen - 12. President Gershman declared the amendment failed.

Council Member Hamerlik called for the question, seconded by Council Member Kreun. Carried 14 votes affirmative.

Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 11; voting "nay": Council Members Bjerke, Stevens, Burke - 3. President Gershman declared the motion carried.

COUNCIL MEMBER MARTINSON EXCUSED

HOLD PROPOSED ORDINANCE ESTABLISHING MEMBERS
OF REGIONAL AIRPORT AUTHORITY BOARD OF COMMISSIONERS
UNTIL COMMITTEE OF THE WHOLE MEETING IN APRIL

The staff report from the city attorney's office for Council Transition Task Force relating to amendment to ordinance establish members of Regional Airport Authority Board of Commissioners, Section 20-0206(1), with recommendation for introduction and approval of ordinance amendment membership of Board of Commissioners for Regional Airport Authority.

It was moved by Council Member Brooks to table this item until the first committee of the whole meeting in April; seconded by Council Member Klave. Carried 13 votes affirmative.

TABLE PROPOSED ORDINANCE AMENDING MEMBERSHIP OF GROWTH FUND COMMITTEE UNTIL JULY 1, 2002

The staff report from the city attorney's office for Council Transition Task Force relating to ordinance
amending membership of the Grand Forks Growth Fund Committee, with recommendation for introduction and approval of ordinance amendment Section 24-0108 regarding membership of the Grand Forks Growth Fund Committee.

Council Member Christensen moved to table this item until July 1, 2002, seconded by Council Member Burke. Upon voice vote the motion carried 7 votes affirmative, with Council Members Brooks, Bjerke, Stevens, Glassheim, Klave, Bakken - 6. President Gershman declared the motion carried.

PORTFOLIO MANAGEMENT SUMMARY (INFORMATION)

The Portfolio Management Summary for the period ending January 31, 2002 was presented for council's information.

Council Member Bjerke reported that the amount of money has gone from $36 million to $51 million and questioned the reason for the increase in the last year. The city auditor reported they would have to review that, portions of this money are construction monies for the flood control projects, portions are debt service payment that we have to make, that we collect those funds and do not pay them out except for every six months, will review that and try to determine the reason.

APPROVE MINUTES FEBRUARY 4, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, February 4, 2002, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that these minutes be approved as read. Carried 13 votes affirmative.

APPROVE BILL LISTING

Vendor Payment Listing No. 02-04, dated February 19, 2002, totaling $1,055,130.53, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Kreun that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.

COUNCIL MEMBER MARTINSON REPORTED BACK

MAYOR AND COUNCIL COMMENTS

1) Council Member Bjerke stated in reference to the vote on tabling ordinance re. Growth Fund membership to July 1, will have a quorum of the city council every time that body meets, because will have more than 3 people that are on the city council - and creating a city council meeting every time that body meets. Council Member Christensen stated he picked July 1 as the date to table because the EDC committee should have some input on this, that Council Member Brooks has some issues with economic development in this community and how it is handled, that some of the Growth Fund members have issues and under new business to form a task force of people who are interested in this, and come back with a report to the council May 1.
2) Council Member Bjerke stated that on February 25 they will be discussing the property on UND and would also like to have a ruling on EERC building as far as the property tax issue.

3) Council Member Bjerke stated he heard some information on the sales tax and asked if they could get that information in their boxes this week.

4) Council Member Hamerlik stated that the new council doesn't take over until the first meeting in July and if that motion was July1 relative to continuing the ordinance re. membership of the Growth Fund - Mr. Swanson stated that the new council is seated the fourth Tuesday of June, which is the 25th of June. Council Member Hamerlik suggested when having a Growth Fund Committee meeting, should schedule that for 7:00 p.m. because meetings begin televising at 7:00 p.m. and for city council to meet immediately following.

5) Council Member Burke asked that the matter of school trippers be placed on either the next committee of the whole or the following committee of the whole and that the appropriate parties from the School District and from private bus companies be invited to attend; and also that city bus staff review for council their budget presentation for 2002 budget, in which they had recommendations for fares to go up or trippers be eliminated.

6) Council Member Glassheim stated we have received petitions from Linden Court residents for paving and what is the status. President Gershman stated they are getting more accurate figures for the construction and letters were sent to the neighborhood and once get better numbers then can make a more informed decision. Al Grasser, city engineer, stated in order to get the better numbers they are proposing to actually get the bids and have the actual numbers in which to make a decision - can then run through the Special Assessment Commission for their basic determination as to how they are going to spread benefits, they have done a preliminary assessment and depending upon construction estimates and assessment distribution will dictate whether people may want to protest the project or not. President Gershman stated that he and Council Member Lunak along with the engineering department explained everything to the residents - informed them of the protest, that this is a neighborhood decision and not a council decision, that the information coming to them and the bid is a request for prices and not letting the project.

7) Council Member Glassheim stated that according to the report of the consultant looking at the relationship between the Housing Authority and the City, that 98% of other Housing Authorities wished they were where we are, pleased with this information and they also recommend that the Housing Authority not sever the relationship but to continue with the close relationship between the Housing Authority and the Urban Development Department. Council Member Bakken reported that he had read the report relating to the Housing Authority and reconfirmed what we already knew, because if look at all the reports and plaques we have received from Washington, DC on how we operate, testimonial to what we do here and how creative we are.

8) Council Member Kerian questioned meeting of FEMA re. remapping meeting - 1:00 p.m. in the council chambers.

9) Council Member Kreun stated in reference to the ordinance change on the Growth Fund, commended Council Member Brooks and his group on looking at all of these areas, this is more in depth study to bring some of these groups together or make more efficient.

10) Council Member Martinson stated sometime ago the city council voted to eliminate the home inspections program, and would like to revisit that program and has some information that is vital to council - that we have always promoted home ownership in Grand Forks and has some facts and figures that would point to getting that back on the table because we want people to move into homes, and that he will get a memo to the mayor's office and to council.

12) Council Member Brooks stated that Mr. Foster, Public Transportation, gave them a new pamphlet with bus routes and schedules and questioned what they will do with the fee schedule that is included. Mr. Feland reported that a limited number were printed and when the new fee structure comes into effect in July or August will reprint the maps.

13) President Gershman wished continued improvement to Mr. Duquette's father who recently had surgery, that he is improving every day and hope that continues.

ADJOURN

It was moved by Council Member Martinson and seconded by Council Member Kerian that we adjourn. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_________________________________________
Harold A. Gershman, President of the City Council