City of Grand Forks, North Dakota

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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

The staff report from the Office of Urban Development relating to budget amendment request to increase HOME funds to State allocated amounts in the amount of $34,680.00, with recommendation to approve the budget amendment.

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 ENTERING INTO ENGINEERING AGREEMENT
FOR COMPLETION OF COST OF SERVICES EVALUATION
FOR VARIOUS UTILITIES

The staff report from the public works director relating to cost of services evaluation for wastewater, waterworks, solid waste and stormwater utilities, with recommendation to approve entering into an agreement with Advanced Engineering and Environmental Services, Inc. for completion of a cost of services evaluation for the wastewater, waterworks, solid waste and stormwater utilities.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved (cost of services evaluation on an hourly plus reimbursable expense basis with a not to exceed maximum of $147,848.00, with consultant to retain outside expertise as necessary and required on the study). 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 APPOINTMENT TO GRAND FORKS REGIONAL
AIRPORT AUTHORITY BOARD

The staff report from Mayor Brown relating to appointment to the Grand Forks Regional Airport Authority Board, with recommendation to approve reappointment of Dave Molmen as a representative for the city of Grand Forks on the Airport Authority Board for a five (5) year term.

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

APPROVE APPOINTMENTS TO LIBRARY BOARD

The staff report from Mayor Brown relating to appointments to the Grand Forks Library Board, with recommendation to approve appointment of Trish Mohr and reappointment of C.T.Marhula for three (3) year terms to the Grand Forks Library Board.

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

APPROVE APPOINTMENT TO CIVIL SERVICE COMMISSION

The staff report from Mayor Brown relating to appointment to the Civil Service Commission, with recommendation to approve reappointment of Bev Bredemeier for a three (3) year term.

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

APPROVE REVISED LISTING OF ELECTION OFFICIALS
FOR NOVEMBER 5, 2002 ELECTION

The staff report from the Mayor's Office relating to list of election officials and polling sites for the November 5, 2002 election, with recommendation for approval of list of election officials (with replacements in Ward 2, Precinct 1, Grand Cities Mall, Joyce Medalen, and in Ward 4, Precinct 2, ND School for the Blind, Deborah Hildebrandt.

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

DENY APPLICATION FOR EXEMPTION OF IMPROVEMENTS
TO BUILDING AT 1632 GATEWAY DRIVE

The staff report from the assessing department relating to application for exemption of improvements to commercial building at 1632 Gateway Drive, with recommendation to deny the exemption on the increased value due to remodeling.

It was moved by Council Member Kerian and seconded by Council Member Gershman to approve the exemption based on increased value.

It was noted that the application meets the requirements except that it wasn't filed within the 30-day requirement, project was started in the year 2000. There was some discussion as to whether the time restrictions and procedures should be reviewed and be referred to a standby committee for review of policies.

Upon call for the question and upon voice vote, the motion was defeated by vote of 7 votes.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik to approve the recommendation and deny the application. Carried 7 votes affirmative.

Council Member Kreun moved to refer this item to the finance/development standby committee, Council Member Kerian seconded the motion. Carried 7 votes affirmative.
APPROVE LEVEE ALIGNMENT AT ST. ANNE'S GUEST
HOME (RIVERSIDE MANOR)

The staff report from the engineering department relating to the levee alignment at St. Anne's Guest Home (Riverside Manor), with recommendation to approve the change in flood protection alignment in this area from an earthen levee on the west side of the building to a floodwall approximately 8 feet east of the building.

Peg O'Leary, Coordinator, Grand Forks Historic Preservation Commission, reported that the Historic Commission passed a resolution on October 8, 2002, and that the point of the resolution was to commend the Grand Forks Fire Department, the Grand Forks Engineering Department and the U.S.Army Corps of Engineers for following through on the Historic Preservation Commission's request to revisit the Corps made 2002 decision to demolish St. Anne's; that the Commission was extremely worried about the building and was unwilling to accept demolishment as its destiny; that a request was sent to the Corps requesting an answer to more than 11 questions and the Corps responded, brought together the people and engineering department more than helpful and fire department was actively involved in seeking out alternatives to the hard-line codes that had directed its demolishment. She stated they were pleased with the reaction of those entities and the council and as a result they passed this resolution commending and thanking those entities.

Council Member Kerian stated there was some credit for the Grand Forks Historic Preservation Commission that did not accept no for an answer, but persistence in continuing to explore opportunities and possibilities.

Council Member Brooks stated this is where saved a bit of history of the city of Grand Forks and the cost and savings were right.

It was moved by Council Member Kreun and seconded by Council Member Kerian to approve the recommendation to approve the change in the flood protection alignment. Carried 7 votes affirmative.

APPROVE PROPOSALS FOR HISTORIC HOME
RELOCATIONS

The staff report from the Office of Urban Development, relating to RFP for historic home relocations, with recommendation to approve review committee recommendations.

Jesse Bone, 1221 South 15th Street, #1, stated he put in a proposal for one of the relocation home, 117 Park Avenue, and it was a low bid but that he has extensive knowledge in home repair and remodeling and if he were awarded this house by his proposal would plan to live there for the rest of his life, and that he thinks these projects are a good idea to help maintain the character of neighborhoods; and that if he doesn't get this proposal that he would hope that it would go to somebody who is going to be an owner/occupant as that was the idea behind it and not awarded to somebody for commercial development for profit.

Terry Hanson, Urban Development, stated it was the committee's recommendation that they approve the bid of Cory and Camille Erickson for $4790.00 for the house at 117 Park and when they reviewed the proposals, they based this decision not only on the purchase price of $4,790.00 but also on the financing package proposal they put forward and have received estimates on what it would cost to bring this property up to living conditions as well as going to the bank and getting approval for financing to do so; their intent is now known and doesn't believe it is their intent to live in the house, maybe short term, whether they resell it and/or have it as a rental property and when the committee considered that they looked at that these two properties will have a restrictive covenant on them for five years so that any work that is done to the exterior will have to be historic in nature and keeping in tune with what they are today and to the neighborhood they are in and felt that the Uhrich's proposal would do that and for the next five years would comply with the covenants.

Mr. Bone stated he had received information for professional house mover and foundation work and was to be done within the timeframe of 60 days and anything that needs to be done as far as maintaining the place are really minor and has all capabilities of doing that.

Council Member Kreun stated that in this particular case they are looking for the high bids and have 3 qualified bidders on that particular property that would be able to meet the specifications and all the historic home requirements and looking at the individuals that bid and Mr. Bone is asking us to consider accepting a lower bid, and moved that they take the highest bid. It was seconded by Council Member Brooks. Carried 7 votes affirmative.

APPROVE ISSUANCE OF SITE AUTHORIZATION BY
SPECIAL OLYMPICS NORTH DAKOTA FOR EVENT AT
CURLING TOURNAMENT

A staff report from the finance department relating to application for site authorization by Special Olympics North Dakota for event to be held at Purpur Arena, 1122 7th Avenue South for October 31, 2002 through November 3, 2002 during curling tournament, with recommendation to approve issuance of the site authorization contingent upon meeting all regulations of the City Code, including approval of the city attorney.

Council Member Kerian asked if area would be separate so that minors are not allowed.

John Warcup, assistant city attorney, that he has a map showing location of bar area within the Arena and are listing that all of the gaming will be occurring within the bar area.

Council Member Christensen asked that the plans and layout of the gaming and alcohol be approved by the chief of police to make sure minors not within location. The city auditor reported by the resolution adopted by council gave that authority to the city attorney to review and that a bar has to be separated. Council Member Christensen asked if the chief would look at this. It was moved by Council Member Christensen and seconded by Council Member Kreun to approve the recommendation. Carried 7 votes affirmative.

APPROVE FUNDING RECOMMENDATIONS FOR
STOREFRONT PROGRAM, ROUND II

The staff report from the Office of Urban Development relating to the Storefront Rehabilitation Program, Round II, and to approve the funding recommendations for the five proposed storefronts in the Grand Cities Mall.

It was moved by Council Member Kerian to approve the funding recommendations, seconded by Council Member Kreun.

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

Upon call for the question and upon roll call, the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Kerian, Kreun - 6; voting "nay": none; and Council Member Christensen recused from voting. Mayor Brown declared the motion carried.

APPROVE BILL LISTING

Vendor Payment Listing No. 02-20 dated October 21, 2002, totaling $1,007,640.46, was presented and read.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that the bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES OCTOBER 7, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, October 7, 2002 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Glassheim to approve the minutes as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated they had received e-mails regarding the National League of Cities Conference in December, that there is room for two council members to attend, that he has shown interest but would definitely yield if someone new to city government that would like to attend, conferences are important and give chance to visit with other cities and pick up some ideas from others with experience in city government.

2) Council Member Brooks stated he had not received the names of the people on the negotiating team for the hotel negotiations. It was noted there were members from the Alerus and from the city council: Council Members Christensen, Kreun and Hamerlik; David Evenson and Brian Conneran. An additional meeting has not been scheduled at this time as they are doing some research.

3) Council Member Kreun reported that there was a ground-breaking ceremony last week that was attended by Council Member Gershman for our entry-level homes that they were working through with the Housing Authority and congratulated Mr. Hanson for bringing that group in and they are starting and some financing mechanisms for people to consider.

4) Council Member Hamerlik stated that the paper had some things for East Grand Forks, and if we shouldn't be preparing something of the same of what we have to offer. Council Member Kreun stated they have discussed that at Housing Authority and when they have our complete package put together that will be brought forward and advertised.

5) Council Member Kerian reported that they did get information about a Brownfield Program relating to cleaning up environmental and hazardous spots or buildings, and if we have applicants for such a program and what action is being taken. Mr. Hanson, Urban Development, reported that he met with members of the engineering department with some representatives from EPA, Denver Region, and they talked about the programs that they have today regarding Brownfield and how aggressive EPA is today to try to fund some of these programs. He stated that after they met, he took them on a tour of portions of the city and showed them some potential areas they maybe interested in. EPA responded by saying there are two programs that are available to us initially for assessment purposes: 1) a Brownfield assessment that they could apply for and request EPA and/or letters the council received last week, ND Department of Health to review and determine whether there is an issue within a certain area of town and whether it would qualify as a Brownfield; 2) there is a grant they can apply for and a note will be coming out yet this year on a grant that they could use to make our own assessments and it was EPA's recommendation that the City apply for that grant and that we use that grant for a study of the entire Gateway Drive corridor to determine what in that entire area may qualify for a Brownfield. He stated he has taken it upon himself and staff that they will submit the applications necessary to either EPA and/or the State Health Department. The State Health Department's program today is actually funded by a grant application that they were awarded from EPA for an assessment project; and can go in either avenue.

6) Council Member Glassheim asked for an update on the matter of the junkyards, and would like the matter to be voted on. Mayor Brown stated they would have Mr. Swanson give a report on that next week.

7) Council Member Christensen commended Mr. Hanson for taking the initiative on the Brownfield assessment because that will help us in deciding how and what we do with the Gateway Drive area. He also congratulated the Alerus Commission as they received the results of September and going in the right way, Cher was a great success and the financial results were incredibly encouraging.

8) Council Member Gershman stated he wanted to remind the senior citizens and the disabled about the special state program for special assessments and if have some questions, should contact Mr. Carsen's office.

9) Council Member Gershman asked if staff could notify them of the boomtown building, etc.; that they gave some money and when those projects would be completed.

ADJOURN

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

Respectfully submitted,

John M. Schmisek, City Auditor
Approved:
___________________________________
Michael R. Brown, Mayor