Print VersionStay Informed
COMMITTEE OF THE WHOLE
Monday, April 22, 2002 - 7:00 p.m.

The city council met at the Committee of the Whole on Monday, April 22, 2002 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Lunak (teleconference system), Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; absent: Council Members Burke, Gershman.

Mayor Brown announced that when addressing the committee to please come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast.

Mayor Brown stated that he needed to apologize to Council Member Brooks for comments made last week, that his comments to him were to be directed to the whole council, that his rules are praise in public and criticize in private, and he violated that rule.

Mayor Brown stated that he heard Dale Lennon, UND football coach, speak to the Marketplace of Kids and that he has three keys to success that apply to the football team also apply to life: 1) do your best, 2) do what's right and 3) treat others as you want to be treated and thanked Coach Lennon for those words.

He stated we're fortunate to have had many events this week that re-enforced quality of life in our community and those that promote our children and their development: 1) Marketplace for Kids - off-shoot of the Marketplace of Ideas that was held at the Alerus this year and will be held again next year; 2) TV Turn-off Week, and if needed an excuse to tell your child no when ask to watch TV this is your chance; 3) Sports Round-up at the Ralph Engelstad Arena, one stop registration for all summer activities that go on in our community; 4) Spring Clean-up will be May 6-10 when city crews will haul away all the garbage you place on your berm (on regularly scheduled pickup day); 5) May 4 is Spring Clean-up Kickoff and will include electronics drop-off at Best Buy and a coordinated effort with Adopt a Street and Community Service Bureau, for more information please call Public Information. He stated he was proud of all the events of this last weekend that showed the world of our successes and showed ourselves we are successful, and thanked Xcel Energy for their beautiful gift and all the City staff determined to make that dedication ceremony a success (copies of plaques are on display in the council chambers this evening and will also be displayed at the Public Library) and that on Saturday he rode with Mayor Stauss and Mayor Owens in the parade and thanked Mayor Stauss for allowing him to be in that parade and prayer service. He stated they need to recognize the Downtown Leadership Group, merchants and Traie Dockter for their work in organizing Saturday's downtown event and to the performers who donated their time. He also noted that he will be dedicating May 6 as Laverne Gryte Day, that Laverne has tirelessly worked behind the scenes for years as one of Grand Forks' most avid cheerleaders, she continues to battle cancer but holds fast to her determination to be someone who makes a difference, she exemplifies how to live and love and to continue on.

DEVILS LAKE PRESENTATION

Joe Belford. Ramsey County Commissioner and Chairman of the Lake Region Emergency Management Committee stated he was here for a blessing of good will and support for the outlet they are trying to construct for the Devils Lake area. He stated this has been going on since 1993 when the lake was 40,000 acres, now 124,000 acres, has risen 25 ft. and spent $400 million dollars to date for moving of homes, building of levees, roads, etc. and this is a continued flood. He showed
COMMITTEE OF THE WHOLE - 04/22/02 - Page 2

lake areas on the overhead map for the council; and stated this is a 2.5 million acre basin, 3800 sq.miles and everything flows into Devils Lake, that it is a 100 ft. drop from Highway 5 by Langdon to the Lake.

Mr. Belford stated they are trying to put together an outlet and be able to move forward before the Lake gets to 1460 elevation, where it would flow on its own out of Stump Lake into the Tolna Coulee and the Sheyenne River down to the Red River and up to Lake Winnipeg; that they want to prevent that because that's the worst water quality on the east side and for the Sheyenne River would be a major disaster, that the Red River is wider than the Sheyenne River and they are talking about a 300csf outlet, which would under normal flows raise the Red River approx. 1 inch at the most, and that the Devils Lake outlet would not be operated during time of flood; they have an operating committee put together by the Legislature 6 years ago and includes some of the downstream people and they will be very much involved in the operation of the outlet once it is put together. He also commented on the matter of the dike around the city of Devils Lake, costs if have to add onto the dike should that be required.

He stated they (federal, state and local) looked at 28 different alternatives; and finally the Corps of Engineers has zeroed in on Pelican Lake and to take the water out before it gets into Devils Lake, the water quality is very similar to what currently runs down the Sheyenne River - they would pipe it out of Pelican down around west side of Minnewauken to the Peterson Coulee and into Sheyenne at 300cfs; that Pelican Lake is about 455-460 parts vermilion and sulfates are considerably lower and they would be able to operate those pumps at 300 cfs for 7 months of the year, starting in the spring as soon as the flooding was over in the Sheyenne and the Red Rivers and shutting them off about the 1st of November; currently at the level of the lake at 300 cfs they could take about a foot and a quarter off of that lake, and the rest of the lake would go down through evaporation - that this is about $125 million project (does include 20 years of pumping costs, actual cost approx. $97 million and $20 million for downstream litigation); that they do not want to take the lake down to the elevation they started with (1423 in 1993) because they've raised the roads, built levees, etc. and can accommodate a much higher elevation on that lake and now talking about 1441 or 1442 or pull down about 6 feet and then shut the pumps off so they would have storage if they had a Grand Forks' event. He stated that the Corps has indicated that if nothing happens they could flow out on its own by the year 2015. He also stated the Corps is doing the environmental impact statement, they did the series of meeting last week, there is a comment period until the 7th of May, and they will come out with the final draft in late July or first part of August, ask for more input and hopefully by this fall have a completed EIS with a recommendation from the Corps of Engineers - build in 2003 and 2004 and operational in 2005. He stated that the State is working on a temporary outlet out of west Devils Lake at much lower pace, max. 100 cfs and would have to blend with the Sheyenne River to meet the water quality standards; that the State Water Commission meets the first of May and they will make some decisions on what will happen with the State's outlet plan. He stated that Congress (Senators Conrad and Dorgan) are introducing some legislation for funding, that they will need about $38 million in 2003 and about $30 million in 2004 plus the mitigation funding that would be needed for downstream - there are concerns downstream, that there are downstream crossings and may need couple bridges to be put in and Valley City is concerned about their water quality because they take their water out of the Sheyenne River but less concerned with Pelican Lake as standards are pretty good. He stated with their outlet after the water gets past Grand Forks and goes across the border at Emerson, they would be out of compliance and the Red River is currently out of compliance 8% of the time going into Canada and it picks up some salts and sulfates from the Goose River and the Park River, and would increase that by about 12% according to the Corps report. He stated that Hazel Sletten has done some research for your
COMMITTEE OF THE WHOLE - 04/22/02 - Page 3

treatment plant. He stated that this project is very necessary, people in their community are
drained, physically, mentally and financially - they have flooded 75,000 acres of deeded land to date (pasture, hay land or ag land) and had some stress-related farm deaths, they have lost their farms and expected to pay land debt if they have it, that the County Commissioners have reduced the taxable valuation on flooded land back to wasteland, which is about $30/quarter, that the State has a law on the books; that Senator Conrad worked on a bill and got $14 million approved and when came for NRCS to distribute it, they said they can't because those farmers no longer own that land, it belongs to the State, but yet they are expected to pay taxes and have land debt. Churches Ferry has been bought out, they are buying 14 more farm homes through another program by the State and Federal FEMA, and have lost a lot of people in Ramsey County. He also noted that when the flood hit Grand Forks in 1997, Devils Lake was very gracious and took as many of your people as we possibly could, approx. 5,000, found homes for them, food and had people come to Grand Forks to help, and that Devils Lake and Grand Forks have been very close; that Grand Forks is their shopping town and lot of Grand Forks' people are coming there to enjoy fishing they have; that they need some help with the economy; and that he is asking for a resolution of support, that he has copies of resolutions from a lot of the counties and cities (Fargo, West Fargo, Moorhead, Clay County, Cass County, Traill County, Pembina County, Nelson County; that East Grand Forks will be meeting on this soon and Grand Forks County Commission will be making a decision in the near future.

There were some questions as to impact of water quality coming out of the Sheyenne to the Red; Mr. Belford stated that a lot of those questions will be answered in the EIS when it is completed; that they are working on the compatibility of the water out of Devils Lake, and when dealing with Pelican Lake, they are dealing with the same kind of water as in the Sheyenne River. That the State's outlet plan has to meet the standards too and they will have to reduce pumping considerably. He stated that if the Maple River Dam is built it will be a plus for all of them as it will hold 60,000 acre feet of water with a time release, and after they get into the Red there is not a lot of concern with quantity because the Red is quite wide and with 300 cfs it will have a minimal effect on it; that there are more things that the EIS will answer and address for those people downstream.

Council Member Martinson stated he grew up on a farm 2 miles northeast of Pelican Lake, that they get there by boat if they elect to go, that hardships among farm people is not good and urged our council to endorse this at our May 6 council meeting.

Mr. Belford stated they do not want to harm their downstream neighbors, want to have as much control over that lake as possible because 40% of the State's population lives downstream. Council Member Brooks stated we're dealing with the Red River and the protections we need to take but if don't look at basin wide water management our dikes will go for naught, have to deal with it and support this.

Council Member Bakken asked if they are storing a lot of water and we have dry years if there would be possibility of pumping us water when we don't have enough in the Red River and also for Valley City. Mr. Belford said it would.

Council Member Glassheim asked if there would be problems with turbidity and water treatment costs from this water. Ms. Sletten stated that we have the ability to blend from the Red Lake and the Red River and that she is in favor of the outlet from the Pelican Lake as that water is very similar to what's going into the Sheyenne right now, and that outlet would have minimal to no
COMMITTEE OF THE WHOLE - 04/22/02 - Page 4

impact on the city of Grand Forks - that the west Devils Lake water is substantially different and would look to blend more from the Red Lake and control our costs that way.

Council Member Kreun stated they just kicked off their waffle plan as far as basin wide water management program and would assume they would be incorporated into that program as well, and asked if there would be monitoring devices re. quality of water. Mr. Belford stated there would be water quality gauging immediately coming out of the outlet and would be constantly monitored - that when Pelican Lake is lowered by several feet then they could have a backup of water out of Devils Lake into Pelican and then slow their pumping speeds down to meet the standards, but cannot violate the water quality laws; may have to ask Canada for a variance for the little they would be over. He stated that the State's outlet in west Devils Lake will also have to meet the standards and that system will be slowed down considerably, they will not be able to take the amount of water off that the Corps will because of the water quality issues.

DISCUSSION ITEMS

Mayor Brown asked for a motion to suspend the agenda, that Mayor Stauss is here from East Grand Forks and would like item 2.14 suspended. It was moved by Council Member Klave and seconded by Council Member Martinson to suspend the agenda to consider item 2.14. Carried 13 votes affirmative.

2.14 Transportation and Community and System Preservation Grant.
Mayor Stauss and Gary Sanders, city engineer and project manager of the downtown area, were at the meeting. Mayor Stauss presented a proposal to attract tourists to the downtown areas - that without tourism coming to Grand Forks and East Grand Forks the downtown areas will fail, need to bring people in from the surrounding area as far out as we can reach with our televisions and newspaper, that they are working with the State to try to get the Red River State recreations area and trying to do an interpretive center that will be a visitors center, $3 million, that will talk about the history in the Red River Valley, glaciers, flooding, animals, farming and bring in classes from throughout ND and MN. He stated they feel this is a project where we could work together - Grand Forks owns the pier in the river and would like to see it turned into a beautiful fountain, that he talked to the Historical Society Group of Grand Forks and to the DLG and they were in favor of the project, and asked if the council would take $300,000 (est.) of the approx. $1 million of the TCSP Grant to do concept report of this fountain (would including lighting, American flag and state flags); that this would help attract tourists to our downtown area or to the trails from their State Recreation Park and help downtown business, farmers' market, and other events. He stated he believes this has some opportunities and pier can be converted with these funds into something that is nice.

There was some discussion re. cost of $300,000, what that would cover, concept, construction, design, est. for maintenance and operation, and what would the City of East Grand Forks contribute to the planning and to maintenance. Mr. Sanders stated that the concept report is small portion of the cost and probably do it in house and at $300,000 the project would be complete and in place.

Mayor Stauss stated that if too costly for operating it too many hours, could monitor timing and if cost reasonable that the City of East Grand Forks would look at sharing operational costs. Mayor Stauss said they need to get figures of costs, concept, etc. Mr. Sanders stated he would work with City engineering department to give numbers so would know if want to do a concept report, other
COMMITTEE OF THE WHOLE - 04/22/02 - Page 5

things involved, NDDOT and Federal Highway have to sign off on this re. grant monies. It was noted that the City has to have these monies committed by September 1 of this year.

Council Member Kreun stated with our partnering session with the Corps of Engineers, Grand Forks and East Grand Forks, ND Water Commission and several other agencies these projects came to our attention, that there are several other projects in the staff report for consideration, and need to see what the priorities and projects and availability would be to partner with East Grand Forks that would enhance all of our downtown area plus our trails and greenway enhancement, and wanted to bring this forward along with the other projects for trails and bike paths, and consider those together.

There were some questions re. restriction of the TCSP dollars. Mark Walker, asst. city engineer, stated they contacted the Federal Hwy. Department re. eligibility of these proposed projects, asked about the bike path projects that would connect greenway to the community and were told those were eligible; they asked specifically about the funding of the fountain and the local individual with Federal Hwy. felt that it would be an eligible project but has to get permission from headquarters, he sent an E-mail to Denver but has not yet had a response, and ultimate approval on whether or not the funds could be used for enhancement of the bridge have not yet been secured. He stated that the amount of funding we have available, there was $1 million grant and anticipate not a full million for the grant but est. that about 20% would not be available as savings and slippage similar to the Corps budget and funds available would be about $800,000, that there is not a local match, but if we fund a project more than funds are available, the communities will have to come up with local monies to pay for the entire project.

Council Member Christensen stated we have money in the budget for the greenway - $1.8 million allocated of $5 million, that if we didn't use the TCSP money for the fountain we still have approx. $3.2 million of greenway betterment available to fund part or all of this project. He asked if the City of East Grand Forks has money available for greenway betterments - Mr. Sanders stated they don't have betterment money, if they have DNR approval for something that is funded as part of the State share, they have $1.6 million that they have to put in the project, the balance of their total flood control project, including recreation, is the State money, and if requested, would have to be approved by DNR. He stated that the recreational element of the Corps project, with trailheads and trails, etc. were part of the Corps projects as the GRR aligned and that has been what DNR has been willing to fund to date. Mayor Stauss stated that some of these projects are going to have to be shared, and one side pay more than the other.

There was some discussion re. bike paths, and some benefits to tourism and to transportation within the city to extend bike paths, and if there were other funding sources for the bike paths. Mr. Walker stated they could make an application to the NDDOT for Traffic Enhancement (TE) funds, that the State has a pot of money they split out to communities in ND on a yearly basis; he stated that the size of the grants that are awarded have been around $250,000, there is a 20% match and a series of steps to putting the project together to meet DOT requirements as far as concept reports, etc. He stated that with the TCSP project because the Corps has gone through the greenway and the environmental clearances, don't have to do as much work with the concept report, but withTE funds go though more work.

Mayor Stauss stated he thinks the bike paths are very important but that in the initial request that was submitted for the TCSP funds, it was asked to serve the whole metropolitan area, to serve both communities equally, and feels that a bike path wouldn't serve East Grand Forks, and are looking
COMMITTEE OF THE WHOLE - 04/22/02 - Page 6

for something that would be more in the downtown region. Council Member Kerian stated that bikeways go both way and pull people to downtown as well.

Council Member Kreun stated that when this money was awarded the first thought was to use that for the community green in our downtown area, and problem is that this money cannot be used with projects that are already bid; next thought was to enhance the bridge (Sorlie Bridge) and ran into some historic and structural problems and timeframe; looked at lot of these issues prior to bringing this information to the council; and that funding and timeline is quite restrictive.

Council Member Glassheim stated the council talked about the construction of a low bridge and if that has been considered and that was what we got the money for. Mr. Walker stated the original grant was submitted for the TCSP monies it was for a bridge or greenway enhancement, that when they talked with Federal Hwy. Adm. they stated that a bike path that connects the community to the greenway is a greenway enhancement and is eligible; and when staff came to council in February with the issue of a downtown bridge and at that time the council voted not to pursue the downtown bridge and their instructions were to find projects where the TCSP monies could be used and that is what you have before you. He stated that the Corps felt that a lower level bridge would be somewhat of a problem hydraulically, that the Sorlie Bridge does block some water at certain levels and if put in lower level bridge it would cause further blockage; they have not pursued a floatable bridge and not sure that timing would allow them to do that for this particular project. He stated they talked with Federal Hwy. if they could use this money as a match to Corps recreational features that are already in the project and were told that's not a possibility, that they asked if they could remove from the Corps projects that have already been bid, a portion of the project and fund that, and were told these monies could not be used for a portion of a project that has already been bid; the only other portion of the Corps project that we could fund with these funds would be a recreational feature in the next phase of the project, and that would be a problem as they could construct a bikeway or other feature in an area where there is going to be an immense amount of construction as they build the levees, install storm sewers and pump stations, etc., was ruled out as ineligible for the funds or not possible.

Council Member Glassheim asked if a ski slope or a garden would be allowed or if it would have to be a physical trail (or if fishing access points); Mr. Walker stated he couldn't answer those questions but could approach Federal Hwy.

It was noted that there are two projects in the staff report that are ready to go and there were individuals who would like to speak to the bike paths:

Joan Mangino, concerned citizen and parent and advocate for the bike path sidewalk stated she went out and took signatures of those who were interested, has over 125 signatures for a sidewalk bike path to be provided from Belmont Road west down 47th Avenue South to South Middle School and to the softball park, this would provide safety that is needed to go to Optimist Park, South Middle School and the softball fields, and for the enjoyment of walking and running safely.

Jerry Bugliosi, lives on 47th and Belmont, stated he was looking at tying in the whole area with Optimist Park, bike path that circles by the river from 40th around to 47th, soccer fields, baseball fields and golf course, along with the Middle School - no shoulders on 47th, steep ditches, kids are not allowed by most of their parents to ride down there because the access is so bad, and would like to see that they put in a permanent structure that will allow access to these existing facilities so that they can be utilized more; knows that in the future plans are to lower 47th and get rid of the ditches
COMMITTEE OF THE WHOLE - 04/22/02 - Page 7

and hopefully this will be something that will be incorporated before that happens without changes having to be made when 47th is built to grade, etc. and thinks worthwhile project for the TCSP money.

Al Grasser, city engineer, stated what they want next week are the projects identified so they can package them for our consultant and run them through the process.

Mayor Stauss stated he wouldn't have been here to night had he not thought this was a joint application of the $1 million, it came through $1 million for Grand Forks and East Grand Forks was left out, but everything you read in the request is about the metropolitan area, about two cities and people of the metropolitan area, and both communities working together and they are reapplying for the grant because there might be funds available and if get those funds are willing to share them with Grand Forks and would hope that Grand Forks would do the same with them because it was an agreement that started from the grassroots, was to apply for money for Grand Forks and East Grand Forks as a metropolitan area, but thinks its an agreement that should be looked at as a sharing opportunity as they have done other projects working together in flood recovery and as they move forward with the levees.

Council Member Hamerlik stated that this was for a pedestrian bridge, could this be used for any other kind of a bridge, i.e., 32nd. Mr. Walker stated that could not be done in the timeframe.

2.1 Devils Lake resolution.
There were no comments.

2.2 Amended Airport Authority Board ordinance.
Mr. Swanson stated that the city council amended the ordinance to add one member of the city council and one member of the county commission to the Board, that was passed by the city council and not passed on the county commission, our City Code references the Airport Authority as a 7-member body, but records from county commission show the board as a 5-member body.

Council Member Martinson stated that with an approx. 4 to 5 mill levy for the Airport Authority which is $400,000 to $500,000 per year, we should look at having city council representation on that Board and also rep. from the County; Board needs to be accountable to someone. Council Member Stevens stated that we neglected to put term limits on the Board members, and is proposing to make an amendment to do that next week.

Council Member Brooks stated City has had an official or unofficial liaison council member on the board, and need this for couple reasons - that 4 mills of the city's mill levy is dedicated to the Airport Authority and that is our responsibility as elected officials and will add an amendment that we appoint a couple of council members and adm. coordinator to work with the County Commission and the Airport Authority; the airport is critical to the continued growth and development and success of this city and the county and need to be an integral part of that.

Council Member Hamerlik stated that the council had asked the second time to have that membership reconsidered by the county commission; that if we can't get anything through the county commission, maybe we have to lean on the mayor to appoint 3 members of the council, or at least one, out of the three members that are called for so that we have a person on the Board who is not representing the city council but at least represent some interests of the council and city and would take care of the problem we have now. Mr. Swanson stated that the ordinance in the packet
COMMITTEE OF THE WHOLE - 04/22/02 - Page 8

corrects the City Code to reflect current makeup, and this ordinance would remove conflict; that there is nothing that excludes the appointment of a city council member but there are some qualifications that have to be met but that would be a prerogative this body would have, and with respect to suggesting a term limit, that would be a substantive change to the commission which would require concurrence by both the city council and county commission, however, the council could adopt its own form of term limits in the appointment or reappointment of any member of its own representative to do that.

Council Member Bakken stated this came about because of some concerns at the airport , that one is the automated parking that we paid for and don't have, we were trying to gain some access being the funds are coming from us and questions come to us and don't have a lot of input into it, and need to have some way to justify some of the funds and way being spent; some other issues out there that have concerns about also.

Council Member Brooks asked for information on the 3 members - when terms expire and what qualifications are; Mayor Brown stated his office would get that information in the packet.

Council Member Christensen stated we have an authority that was created through joint resolution of the County and the City, that Mr. Swanson gave us a way out as far as our own term limits based upon the appointees of the mayor, the State Statute specifically sets forth the qualifications of individuals who are going to be appointed, this may not be in a position to be acted on to clean up the books on Monday because there is more information we should get and would be important that the chairperson of the Airport Authority be here to address some of our issues and important that some of these issues be addressed before the ordinance is adopted. Mayor's Office will invite those people.

Ann Sande, 1110 Belmont Road, stated that when she was a member of the city council she was the council's representative to the Airport Authority, and her understanding of this issue is that the State Statute says there can only be 5 members of an Airport Authority, that at the time when this ordinance was enacted some people upset with the Airport Authority wanted to have a council member and a commission member on the Airport Authority and were never able to put it into effect. She stated she felt it was important to have liaison with the Airport Authority but City rep. is not a voting member and there are a certain number of conflicts but thinks it is possible for the mayor to appoint a council member, the only thing she would suggest is that there is a potential for a conflict of interest and when down to 7 council members that is a lot of work.

Council Member Klave stated that a month or two ago the council asked that the County Commissioners re-address this issue and if that has not been done - that he would make a request that we get a response back from the county commissioners as to whether they will or will not do it - maybe too soon to be acting on this and changing it right now. Mr. Swanson stated as to compliance with this, that we've been out of compliance for years with what our Code book says, and doesn't feel there's any pressing timeline to correct it, and agrees that timing is for the council to decide, it is here to clean up the books but not great deal of substantive effect.

2.3 Procedures for increasing sales tax.
Council Member Bjerke stated he is fiscally conservative and that the role of the government should be limited and to do things efficiently; thinks we don't do things efficiently and do too much, and this is an attempt to cut taxes and get rid of excessive regulations. He stated that the sales tax revenue and the property tax revenue from 1990 to 1997 were higher than the rate of inflation,
COMMITTEE OF THE WHOLE - 04/22/02 - Page 9

which means government is growing. He stated if you look at assessor's report that it's going to be almost a 5% increase in value and property tax and is increasing again and we had a low inflation rate last year - and the question is why do we have to keep taking in more money than what we need to run the government. He stated there is no staff time involved in this and we vote on this on May 6, and the motion he will make is to have the city attorney draft appropriate ballot language, that would come back to council and if approved, set the date for the election. He stated he would like any increase in the current sales tax to require a 60% approval of the citizens of Grand Forks; that if going to raise people's taxes you have an overwhelming consensus that our taxes should be raised - that he wants to make it as hard as possible for this or any other council to get any money they possibly can get - that he thinks the citizens and the people are concerned about their taxes; that by doing this it will control the taxes in the city; this would be phase 1 and item 2.4 would be phase 2; and hopes the council considers the merit to the issue and not who presents it, think on the issue and vote on your principal.

Council Member Bjerke stated what he would like to have on the November ballot is to make it a requirement that 60% of the citizens would have to approve any new sales tax.

2.4 Procedures for increasing mill levy.
Council Member Bjerke stated he would like to discuss this issue tonight, vote on it on May 6 and if the motion were passed, that the city attorney would draft the appropriate ordinance language and would come back to council for discussion and for a vote, no staff time involved at this point - that he wants to make it as hard as possible to raise taxes, thinks it's very easy to raise taxes when you need more money - harder to try to find solutions and not spend more money; if have to do something different then to think about efficiencies, if service provided appropriate, should we be doing it at all, and that he was asking for a super-majority of 2/3rds, for 5 out of 7 council members and if something really caused us to raise the mill levy, don't you think you wouldn't get 5, and is asking that maybe we need to let the citizens have a break and remind you that you have two more dike special assessments to come, which the school and park will pass on their increase.

It was noted that the Home Rule Charter is drawn that citizens have the right of referring any action by petition and raising taxes can be or any other item can be changed by vote of the people and can be overruled by a vote. Mr. Swanson stated that Article IV dealing with referendum and initiative reads "...except that the power of initiative and referendum shall not extend to the annual appropriations ordinance or any limitations as to the annual mill levy..."

Council Member Brooks stated the timing of it could present some problems for us or the new council because that council will immediately start the process of the budget for 2003, and that this council passed a budget for 2002 that has a general fund that spends more money than it takes in so we are in a problem starting with the next budget in trying to cover that, that with this restriction on it is going to make it even harder process.

Council Member Glassheim stated that for the previous 3 years, not only have we not raised mill levies, but has gone down and have incorporated at least 15 mills to pay for the dike which the citizens otherwise would have been special assessed, and lowered significantly for the past 5 years. Council Member Bjerke stated for the year 2000 it went over the 1999 level and in 2002 it went up .24, and it went up the year after the flood; and has gone up. Council Member Glassheim stated that a mill amounts to $4.00 per year per person, and if gone up .24 it's been less than significant.

COMMITTEE OF THE WHOLE - 04/22/02 - Page 10

2.5 Request for carry-over money to be used to scan documents.
There will be a budget amendment at the council meeting.

2.6 Bid package to replace existing chiller system.
The acting city auditor stated there is $100,000 budget in the Public Building Fund - no other comments.

2.7 Mosquito control bids recommendations.
Council Member Christensen stated there is a canker worm infestation approaching us, if this is something we should consider as a city, spraying for canker worms. Don Shields, health department, stated that after last year they looked to see what it would take to control the forest tent caterpillars; the equipment they use in the mosquito control program targets mosquitoes which are flying low to the ground, the army worms are in higher areas of the trees, that they contacted the Park District and they aren't going to be having a program that addresses the trees throughout the city, although they are looking at maybe doing something in some select areas. He stated they looked at contracting with someone to do something of this nature if the council wanted that done, the only area they got someone of interest was a custom spraying operation and they have given an estimate of $117,000 to do one aerial application for the city of Grand Forks, and doesn't know how many aerial applications would be required, although the life span of the caterpillars are about 3 to 4 weeks, and if that is of interest and wanted to appropriate the money, they could pursue it. He stated the Park District had no plans to do that, and would provide advise to citizens if the citizens wanted to do something in their yards on their own. Council Member Christensen stated that East Grand Forks is trying to get a better handle on that estimate. Mr. Shields stated this is a firm estimate from a gentlemen that does this kind of application, licensed to do it in the State of North Dakota, and very few people who can do these types of things because of the licenses required to spray a pesticide over residential population; he stated they have carryover in their budget of $9,000, and doesn't know how many applications it would take. Council Member Christensen stated this is probably something they should be looking at.

2.8 Aeltus agreement.
Council Member Brooks asked if this is significant change and something we should rebid. Mr. Grasser stated he was a member of the Pension Committee, and Aeltus was selected quite a number of years ago where they solicited requests for money managers and investment managers, RFP, short-listed and then interviewed and basically Aeltus was one of the investment people they selected to invest the money in the City's pension plan, the defined benefit plan - within that plan they have a mix of investment options that money goes into, some in foreign investing, small cap and mid cap, large cap, those types of investment vehicles and essentially what they are talking about doing or asking the City to approve, is that they see some overlap in the small cap investing and mid cap investing, and want to combine some of those together, using the same investment manager but they want to be able to change some of the investment criteria that they have for the plan, that if they see some overlap between the small capitalization stocks and large cap and want to combine that and then using a different benchmark, they are talking about the Russell 2500 instead of the Russell 2000. It was noted that Alerus Financial is the plan trustee. Council Member Hamerlik stated that about 4 years ago they went through the process of request for proposals to have a trustee and the Alerus (First National Bank) was selected and they are our consultants on things like this as well as our trustee, and that we didn't have enough information, Alerus wasn't there so gave it to the three people to work with Alerus Finance to come up with the recommendation.

COMMITTEE OF THE WHOLE - 04/22/02 - Page 11

2.9 First reading of an ordinance amending Sections 13-0701, 13-0703 and 13-0706 of the Grand
Forks City Code relating to junk, abandoned vehicles, materials, etc.____________________
There were no comments.

2.10 First reading of an ordinance amending Section 18-0302(5) of the Grand Forks City Code
relating to off-street parking and loading._________________________________________
Council Member Bakken asked for clarification, that a lot of people keep their boats in driveways in summer, snowmobiles in winter and if this will preclude them from doing that; Bev Collings, Inspections, stated that this is not to address those items, but to address the items in the sideyards and rear yards of the property and limited to 3 items. Council Member Glassheim asked if there should be something for authorized construction sites or time limit; Ms. Collings stated there is a limit - 6 months is length for a building permit, but if continue to work on the project or continue to get another building permit, can continue to work on the project, not sure how they would handle that. Council Member Bjerke stated he was concerned about parking items over the winter (frozen ground); Ms. Collings stated in enforcing them they would be reasonable and if continue to be storage from year to year, they should have a concrete pad or graveled space. Ms. Collings stated they only enforce the regulations on a complaint, either from citizen or one of the council members, and if take complaint from citizen will do the entire block but don't drive around looking for problems.

2.11 Engineering services agreement with Webster, Foster & Weston for Project No. 5353, 2002
Forcemain Valve Replacement.___________________________________________________
Informational item.

2.12 Bids for City Project No. 5296, 2002 Watermain Replacement on 17th Avenue South, 9tb
Avenue North and 19th Avenue South, and 25th Avenue South.______________________
There were no comments.

2.13 Amendment No. 21 to engineering services agreement with GFEG for Project No. 5240,
Project Management Services for the permanent flood protection project.____________
Council Member Bjerke asked about staffing in the engineering department and about using consultants vs. our own engineers. Mr. Grasser stated if they have more staff he would consider doing more of the work in house, would like to be able to do some projects in house, can at times do them quicker and can manage issues quicker ourselves than with a consultant. He stated on the flood protection projects there is such a learning curve base that goes into that and even when bring our engineers on staff here over the next couple of months it really takes a year for them to be well productive. He stated they try to do smaller projects in-house because more economical and intent is to use our own staff and to do work that isn't getting done (ie., pavement management system, etc.)

Council Member Lunak stated that when they hired consultant to take Charles Grotte's place, it was going to be temporary, that he was on for 14 months for $238,000 and now coming back on for $160,000 for how many months. Mr. Walker stated that the contract they are proposing is $160,000 and would anticipate it would be for at least a year's time, contract would be set up on an hourly basis where engineering would direct the consultant to work on tasks that they assign, that this is more than one person, that there are other staff members of the consulting firm that work on the project, that as indicated in the staff report some of the tasks are land acquisition, facility relocations at RDO Foods and also getting technical support from FEMA flood plain remapping and a number of other flood related tasks that are assigned. Mr. Grasser stated they have hired
COMMITTEE OF THE WHOLE - 04/22/02 - Page 12

Cindy Voigt and in the process of hiring 2 more engineers, however, one is more an entry level engineer and one a project engineer, and don't have all the experience and background to manage projects that they were looking for on the flood protection project. Council Member Lunak stated costs for consultants seems to continue - that since the flood have spent $37.5 million on consultants and engineering alone, and would hope time would come when they don't rely on them and do in house. Mr. Grasser stated that was their hope also.

2.15 Amendment No. 1 to agreement with Webster, Foster & Weston for pump station telemetry
upgrade - City Project No. 5230.___________________________________________________
There were no comments.

2.16 -June 11, 2002 election officials.
There were no comments.

INFORMATIONAL ITEMS

3.1 Condition of properties on the Gateway Drive corridor.
Council Member Christensen stated there are conditional use permits that expires in two years for a lot of these properties and asked what happens in two years when these expire and how would we begin the process of cleaning up Highway 2; if city council is not inclined to renew the conditional use permit, that should be communicated to those who possess the conditional use permits and the council should begin exploring what avenues they have available to them once the conditional use permit expires as far as how we go about cleaning up that corridor. He stated this is a concern to all of us and once we have this information the mayor and administrative coordinator and the people that prepared this information move forward with making sure that those who know that they have the conditional use permits may not have them regranted in 2004, so they can start with their planning now.

Council Member Brooks stated this is great interest to the people in Wards 1, 2 and 3, and suggested that this is going to be a process and maybe something get an update on every 6 to 9 months.

3.2 Night bus report.
Informational item - and no comments.

3.3 Southend tieback levee alignment.
Council Member Kerian stated in the report it looks as if some people are concerned about water in their basement and asked if when they get the report on May 13 it could address any houses that are relating to that area. Mr. Walker will take care of that.

Council Member Stevens stated he had a comment from a resident near that alignment that stated that moving the dike north, they will be on the wrong side of the dike and objected and will have a petition on this and bringing it in next week.

Council Member Kreun stated he and Mr. Gershman attended this meeting and listened to the residents that had concerns and were able to visit with the County Water Commission, that he and Mark Walker were invited to their next meeting and hoping to incorporate some of their concerns and policies along with the County Highway Department, the County Commissioners and the City

COMMITTEE OF THE WHOLE - 04/22/02 - Page 13

to help alleviate some of those concerns and maybe go back to the original alignment if at all possible; and wanted you to know that they are working on this in more depth and detail.

Council Member Klave stated that when he was in Chicago for planning and zoning conference he had a conversation with a member of the NDDOT re. the exchange of Merrifield and if we get everyone together there are some areas where they can make some achievements, but have to discuss what is going on and use some common sense as they go forward with it.

Council Member Christensen stated that it occurs to him that the planning for this dike, have always thought that the tie-back was going to be on Merrifield Road, and that eventually that road will be raised because of the dike and would be premature to move that tie-back north at this point in time in light of the obvious expansion of this community in a southerly direction - you have a natural road (Merrifield Road) that is going to have an interchange on Highway 94 and will be there in 2 or 3 years, should think about the tie-back creating a road off the interchange because we know we're going to have that interchange rather than move it north and still have to fix up a road, here have an opportunity to build our dike and have our tie-back and improve the road and makes a lot more sense to stay with the original plan rather than to move it north one-half mile. Council Member Kreun stated they are working with those 4 different governmental agencies to work together and be efficient and that's the ground level they wanted to accomplish. Mr. Walker stated that in meeting with the neighborhoods they wanted to follow the Merrifield Road alignment as well, did have some problems with the original design that the Corps had proposed because it made a substantial increase to the size of the ditch and changed the direction of some of the water flows, so the original plan deviated away from that and finding a compromise , and working with the County Water Resource District, the County Engineers for the Highway and making an improvement to the road, making an improvement to the ditch and to the flood protection system.

MAYOR AND COUNCIL COMMENTS

1) Council Member Lunak asked for a report on how much property the City owns (lots and buildings, etc.) It was noted that Mr. Hanson or Mr. Carsen have a listing (that would not include property acquired for the dike protection project).

COUNCIL MEMBER LUNAK EXCUSED

2) Council Member Christensen stated in reading the Public Works/Engineering report they are getting ready to set up recycling sites at Kelly School, Schroeder School and at the public works facility and asked if there will be a recycling/leaf drop-off spot on 47th by the pump station as the area is being built up. Mr. Feland stated that has been discussed and probably not the best site because it became a dumping ground; that he got a lot of response back from the neighbors, esp. those with backyards to the pump station as the City had a hard time controlling it on weekends. Council Member Christensen stated they could build a fence (as restaurants do) and extend the fence east and west along the frontage so the people wouldn't see it - and asked if they would consider it. Mr. Feland stated they would consider.

3) Council Member Klave stated that while being at the planning and zoning conference he attended meetings on CIP, that considering information given at this meeting it really followed what we do and what they recommend we do - good thing to have and should continue.


COMMITTEE OF THE WHOLE - 04/22/02 - Page 14

4) Council Member Kerian thanked Ms. Collings and her department, that she appreciates what she is doing to try to bring attention to problem areas in the city.

5) Council Member Bakken stated they get the Business Disaster Assistance Loan Program summary and details on what is getting paid and what's not getting paid, what forgiving, and it appears it's not going in the right direction, and amazed at what is going on in these programs and should be doing something as not getting results.

6) Council Member Kreun stated that the U.S. Department of Housing and Urban Development, acting director of Public Housing, sent a letter congratulated our Housing Authority and read portion of the communication - "...that the Department of Housing & Urban Development has completed the Section 8 management assessment program, evaluation of the Grand Forks Housing Authority for your fiscal year ending September 30, 2001, you have a final score of 96% as shown in the enclosed scoring report, the report also includes the score for each indicator. Grand Forks Housing Authority is designated a high performer based on your outstanding score of a 90% or better." He stated he thought they were going to go back to try to get those last 4 points that they have to for 100% and thanked the Housing Authority people.

7) Council Member Brooks stated that he had asked Mr. Swanson to give an opinion on a parliamentary procedure, that he no longer needs that (an issue on how the mayor runs the meeting) and can discuss with him. He stated he received a call from some students at the UND where their class is working on youth commission and wanted to know about our task force and in studying that discovered that there were supposed to be quarterly meetings and are probably due for having a quarterly meeting with the youth.

8) Council Member Bjerke stated he will be bringing another staff report and information concerning our economic development policy to the committee of the whole on May 13

9) Council Member Bjerke stated he has asked Mr. Duquette to give a briefing on May 6 in reference to our police and what's going to happen at the airport, potential for a cost to the City.

10) Council Member Bjerke stated that he, Members Burke, Stevens, Lunak and Glassheim had signed up to be on the mayor's task force, if plan on choosing one, and wishes to offer his services as chair if he deems fit, and has taken the liberty of setting up some meeting agendas, times and date and ready to go, and whenever to name that task force they will be ready to address that issue, and asked when that might be. Mayor Brown stated he was not sure. Council Member Bjerke stated that the Grand Forks City Council Code of Ethics held hostage, day 7. Council Member Glassheim stated that the report was not to come back before the new council, but hopes they will get started on it before then.

11) Council Member Glassheim asked Mr. Walker if he could check with the greenway committee if there are any softer projects that are in the greenway and are not involving significant amounts of engineering or paving, and if they are eligible, or if any other creative idea that might in the greenway proper and have more to do with nature.

12) Mayor Brown stated that when someone touches your heart the way Laverne Gryte has touched the heart of Grand Forks, it is important that this community say thank you, and wants to make sure that everyone knows that May 6 is Laverne Gryte Day, unauthorized but have to do it and

COMMITTEE OF THE WHOLE - 04/22/02 - Page 15

would be remiss in his duties as mayor if he didn't recognize outstanding citizens. He noted that
there will be no meeting next Monday night.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Martinson that we adjourn. Carried 11 votes affirmative.

Respectfully submitted,



Candi Stjern
Acting City Auditor