City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 17, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 17, 2003 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Christensen, Kerian, Kreun - 6; absent: Council Member Gershman - 1.

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 thanked Delton Steele and the East Grand Forks/Grand Forks Military Affairs Committee and everyone else who helped to organize our community send-off for the National Guard last Friday; it is crucial that our support of the 131st Quartermaster Unit, the Water Dogs, and that we continue to support them and their families until their safe return.
This coming weekend is the Forx Home Builders Lifestyles Expo at the Alerus.
Congratulations to the coaches and players of the UND basketball teams for a productive and exciting season; and congratulations to UND Hockey for one of its most exciting games and for advancing to the next round.
He stated we have to say goodbye to Tucker Reamy who was the ten-year-old boy who died unexpectedly from complications from a stem cell cord blood transplant. He touched our hearts in our community and our thoughts and prayers are with his family.

ADOPT ORDINANCE NO. 3960, RELATING TO REPORT
VIOLATIONS OF LAW, MAKE COMPLAINTS , ATTEND
TRIALS

An ordinance entitled "An ordinance amending Section 5-0202 of the Grand Forks City Code relating to report violations of law, make complaints, attend trials", which had been introduced and passed on its first reading on March 3, 2003, was presented and read for consideration on second reading.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3961, RELATING TO GENERAL
DUTIES OF THE MUNICIPAL JUDGE

An ordinance entitled "An ordinance amending Section 3-0101 of the Grand Forks City Code relating to general duties of the municipal judge", which had been introduced and passed on its first reading on March 3, 2003, was presented and read for consideration on second reading.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE

NO. 3962, AMENDING STREET AND HIGHWAY PLAN TO

INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON

THE PLAT OF CORNERSTONE ESTATES 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 Cornerstone Estates Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 18, 2003, 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.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of the plat of Cornerstone Estates Addition to the city of Grand Forks, North Dakota (located in the 700 block of 55th Avenue South), with recommendation for final approval of the plat subject to the conditions shown on or attached to the review copy, and to approve the ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3963 TO ANNEX CORNERSTONE
ESTATES ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 18, 2003, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Dennis Potter, city planner, reported that at the time this annexation was proposed the question arose about whether or not to include part of the LeClerc's Addition, that since the annexation agreement documents have been reviewed by the city attorney and currently in the hands of the LeClerc family for their review, it would be his recommendation that they approve the annexation with the exception of portion of the LeClerc's Addition. Mr. Swanson stated that if the council's inclined, it would be a motion to approve excluding that portion designated by the planning director.

Council Member Christensen stated he brought this to the council's attention as was concerned that it was impinging upon the agreement with the Ray LeClerc family, since that time has reviewed the LeClerc document and talked with Mr. LeClerc on this and it was his conclusion that it did not have to be excluded. It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the entire plat as suggested rather than Mr. Potter's recommendation. Carried 6 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3964, AMENDING ZONING
MAP TO REZONE AND INCLUDE WITHIN CRARY'S
PUD (PLANNED UNIT DEVELOPMENT) CONCEPT
DEVELOPMENT PLAN, PORTION OF SECTION 27,
T151N, R50W OF 5TH PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Crary's PUD (Planned Unit Development) Concept Development Plan, that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, lying easterly and northerly of TJ's First Addition, southerly of Mighty Acres Second Addition and westerly of Julien's No. 2 Subdivision all to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 18, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

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

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

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3965, AMENDING COMPRE-
HENSIVE PLAN TO EXCLUDE FROM THE GRAND FORKS/
EAST GRAND FORKS 2022 TRANSPORTATION PLAN UPDATE,
TOGETHER WITH ALL MAPS, INFORMATION RECOMMENDA-
TIONS AND DATA CONTAINED THEREIN

An ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2001 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks/East Grand Forks ITS Strategy Plan Element)", which had been introduced and passed on its first reading on February 18, 2003 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

Blair Sondreal, 2482 Huntington Park Drive, stated he believes that this town has an excellent transit service, and doesn't think this amendment to eliminate Planning and Zoning will improve the excellence of our service. He stated it would be wise to reconsider this issue with efforts to actively solicit public involvement by re-establishing bus committee, keeping planning and zoning in the plans that have been in place and putting the original wording of "low floor buses" back into the transit element of the transportation plan; and asked council to give them serious consideration.

Mary Weaver, 509 Cherry Street, stated our public transportation in Grand Forks receives federal dollars and is legally mandated to seek and use public input in its decision making process, but feels that their voices have been lost in the process, that she agrees with Mr. Sondreal about re-establishing bus committee and returning the words "low floor buses" to the transportation plan; that she feels that Planning and Zoning should be kept in the transit loop, and asked that the council vote to keep Planning and Zoning's purview over bus routes.

Mayor Brown closed the public hearing.

Council Member Kerian asked Mr. Feland to go through the process that a bus route investigation and change might go through and what opportunities for public input there would be as part of that process.

Todd Feland, director of public works, stated that currently the MPO has a TAC (Technical Advisory Committee) process having representatives from the DOT, Grand Forks and East Grand Forks representatives, and that is where these issues related to transportation are discussed, that group makes recommendations to the MPO Executive Board (including members of Grand Forks and East Grand Forks Planning and council), and rather than recommendations going to the Planning and Zoning Commission, they would come to the city councils for review and final determination. He stated that issues relating to public transportation have had a lot of public input and a lot of discussion, and that beyond the formal participation process, the mayor would have the ability to send it to an ad hoc committee for further study; there would be plenty of opportunity for input.

Council Member Christensen stated he serves on the MPO Committee along with Mr. Kreun and as part of this issue, the MPO Committee has these issues presented to it routinely and it is part of their mandate federally to make representations to the federal agencies/government from whom we receive funds; that we have had a public hearing process on an ongoing basis on various issues, and would fully expect the MPO Committee would also, if any bus route changes, require that of the TAC and would be hearings either from the MPO committee before making recommendations to the respective governing bodies of Grand Forks and East Grand Forks and if the respective governing bodies didn't feel that there was adequate hearings, then they could call for additional hearings - that there won't be a lack of public notice or a lack of opportunity for public input - just eliminating one of the four bodies that would have some jurisdiction over this issue.

Council Member Kreun stated that this process would take approximately six different meetings with public input, by changing it, brings it down to four - and makes for an easier streamlined process for the people to get the information.

Council Member Glassheim stated that it seems to him that the bus routes are directly related to planning and zoning's interest in land use and land development and they are materially related to it and should go there first, and they should have an opportunity to have experts look at things and make recommendations before it comes to council. There is some advantage to streamlining things but there are advantages to taking a longer look at things, some things are complex and affect a lot of people and takes time to go through the process and make sure everybody is heard and bigger picture is looked at. He agrees that there is no point in having the MPO look at the fares or even vehicle types but bus routes seems to be related to their job of coordinating transportation and land uses and routes of where people are going, and would like to delete No. C Bus routes from the exclusion.

Council Member Brooks stated he has been concerned with cost-effectiveness of our bus system and voiced concern that we have to see the consumers, the advocates, employees all come together and work with management to ensure that we have long term public transportation in the city.

The staff report from the Planning Department relating to the request from the Planning Department to amend the Grand Forks Comprehensive Plan to exclude there from the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway Element, 1999 Pedestrian Element, 2002 Transit Element, 2001 Street and Highway Element, and 2000 Grand Forks-East Grand Forks ITS Strategy Plan Element) together with all maps, information, recommendations and data contained therein, with recommendation for final approval of the ordinance.

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

Council Member Glassheim moved to delete subsection (C) 3.C Bus Routes from the plan. The motion died for lack of a second.

Council Member Glassheim stated in (C) 4.A. they are excluding 32nd Avenue as an inter-city bridge location and doesn't seem to be a good idea, 32nd Avenue if there is to be an inter-city bridge that seems to be a strong possibility and should be left in and asked if they have made agreements with East Grand Forks that 32nd Avenue South will absolutely not be looked at any further. Council Member Christensen stated that item in 4.A the exclusion of 17th Avenue South and 32nd Avenue South was something that a previous council did, that will remain in this ordinance but further recommendations from the MPO as to the siting of an East Grand Forks/Grand Forks bridge will be coming forward, not sure when that will as they don't have the final report from the MPO; there will be continuing conversations in this community in the next two-three months as to the siting of a bridge and that portion of this ordinance will be revisited. Council Member Glassheim stated that at this point they are not designating 17th or 32nd as inter-city bridge locations but are saying that they cannot be designated in the future. Council Member Christensen stated in the future when the MPO comes forth with its current recommendations, this portion of the ordinance was included pending the 2000 census data additional traffic counts, and will bring forth a report and new recommendations from the MPO as to siting of bridges.

Upon call for the question on the motion and upon voice vote, the motion carried 6 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, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

AUTHORIZE RELEASE OF 2002 UND SEED MONEY

The staff report from the finance department relating to release of 2002 UND seed money, with recommendation to approve budget amendment to move 2002 budgeted dollars for University of North Dakota seed research match into 2003.

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

APPROVE REQUEST FOR FUNDS FROM GRAND FORKS
CONVENTION AND VISITORS BIREAU

The staff report from the administrative coordinator relating to request for funds from Grand Forks Convention and Visitors Bureau, with recommendation for a one-time allocation of $225,000 out of Fund 2163 to be used for expanded marketing plan.

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

APPROVE APPLICATIONS FOR ABATEMENT OF 2001
AND 2002 TAXES AT 460 BURDICK COURT

The staff report from the city assessor relating to the applications for abatement for 2001 and 2002 taxes by Arnold Abels, 460 Burdick Court, with recommendation to recommend to the Board of County Commissioners that these applications be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

EXTEND MEETING DATE FOR 2003 BOARD OF

EQUALIZATION TO MAY 5, 2003

The staff report from the city assessor relating to extending the 2003 City Board of Equalization, with recommendation to extend the date from April 8, 2003 to May 5, 2003.

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

APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5382, TCSP
GREENWAY/BIKEWAY IMPROVEMENTS

The staff report from the engineering department relating to Three-way construction engineering services agreement for Project No. 5382, TCSP Greenway/Bikeway Improvements, with recommendation to approve and authorize the execution of a three-way agreement with the NDDoT and Webster Foster & Weston for construction engineering services in the amount of $95,613.41, contingent upon concurrence by the NDDoT.

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

AWARD CONTRACT FOR PROJECT NO. 5382, TCSP
GREENWAY TRAIL ENHANCEMENTS

The staff report from the engineering department relating to bids for City Project No. 5382, TCSP Greenway Trail Enhancements, with recommendation to award contract to low bidder, Specialized Contracting, in the amount of $589,747.53, contingent upon concurrence by the NDDoT.

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

CONSIDER BIDS AND AWARD CONTRACT FOR PROJECT
NO. 5409, 2003 SIDEWALK REPAIRS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 5409, 2003 Sidewalk Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction in the amount of $144,041.00 (based on estimated quantities per unit price).

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

APPROVE AMENDMENT TO AGREEMENT WITH
XCEL ENERGY FOR RELOCATION OF UTILITIES
ALONG ENGLISH COULEE DIVERSION PROJECT

The staff report from the engineering department relating to amendment to agreement with Xcel Energy for relocation of utilities along the English Coulee Diversion Project, with recommendation to approve an additional $54,000 for the relocation of additional Xcel Energy utilities in conflict with the English Coulee Diversion Project.

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

APPROVE AGREEMENT FOR DESIGN ENGINEERING
SERVICES AND BIDDING SERVICES FOR PROJECT NO. 5456,
LIFT STATION NO. 89 REHABILITATION

The staff report from the engineering department relating to design engineering services agreement for Project No. 5456, Lift Station No. 89 Rehabilitation, with recommendation to approve agreement with Webster, Foster & Weston in the amount of $60,357.00 based on an hourly not to exceed contract.

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

APPROVE MOSQUITO CONTROL BIDS AND BUDGET

AMENDMENT

The staff report from the health department relating to mosquito control bid recommendations and budget amendment (new revenue), with recommendation to approve the budget amendment in the amount of $260,000 and approve bids for mosquito control products.

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

APPROVE BUDGET AMENDMENT FOR FIRE DEPARTMENT

The staff report from the fire department relating to budget amendment, with recommendation to bring unused 2002 Weapons of Mass Destruction monies into the 2003 budget from cash carryover.

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

APPROVE FINAL PLAT OF PERKINS SEVENTH
RESUBDIVISION

The staff report from the Planning Department relating to request from Pribula Engineering on behalf of HDD Inc. for final approval of the plat of Perkins Seventh Resubdivision to the city of Grand Forks, North Dakota (located at 36th Avenue South between South 31st and South 34th Streets), with recommendation for final approval of the plat of Perkins Seventh Resubdivision subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT C OF
REPLAT OF LOTS 1-6, BLOCK 1, COLUMBIA PARK

27TH ADDITION

The staff report from the Planning and Zoning Commission relating to request from Ulteig Engineers, Inc. on behalf of IHOP Realty Corporation for final approval (fast track) of a replat of Lot C of the replat of Lots 1-6, Block 1, Columbia Park 27th Addition, Grand Forks, North Dakota (located at 3901 32nd Avenue South), with recommendation for final approval to the replat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1,
HEITMANN WEG ADDITION

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Georgia and Dieter Heitmann for final approval (fast track) of a replat of Lot 1, Block 1, Heitmann Weg Addition to the city of Grand Forks, North Dakota (located at Angela Drive and 62nd Avenue Southeast), with recommendation for final approval to the replat, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE ALLEY RIGHT OF WAY
ADJACENT TO LOTS 1 THROUGH 12, BLOCK 9,
VILLARD'S ADDITION
The staff report from the Planning and Zoning Commission relating to petition from D & M Enterprises, Inc. for vacation for approval to vacate the alley adjacent to Lots 1 - 12, Block 9, Villards Addition to the city of Grand Forks, North Dakota, with recommendation to set a public hearing date as required by law.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required and the public hearing be set for Monday, April 21, 2003. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE STREETS AND ALLEY
RIGHTS OF WAY IN BAUKOL'S ADDITION, RIVERSIDE
PARK ADDITION AND RIVERSIDE PARK 2ND RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks to vacate streets and alleys in Baukol's Addition, Riverside Park Addition and Riverside Park 2nd Resubdivision to the city of Grand Forks, North Dakota, with recommendation to set a public hearing date as required by law.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required and the public hearing be set for Monday, April 21, 2003. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE UTILITY EASEMENT
IN LOT 1, BLOCK 1, DeMERS 5TH RESUBDIVISION AND
LOT 1, BLOCK 1, DeMERS 6TH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to petition from Dakota Sales Co., Inc. for approval to vacate the utility easement in Lot 1, Block 1, DeMers 5th Resubdivision and Lot 1, Block 1, DeMers 6th Resubdivision to the city of Grand Forks, North Dakota (located in the 1900 block of DeMers Avenue), with recommendation to set a public hearing date as required by law.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required and the public hearing be set for Monday, April 21, 2003. Carried 6 votes affirmative.

APPROVE PRELIMINARY PLAT OF KIEFFER'S RESUB-
DIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, LTD on behalf of Dakota Sales Company, Inc. for preliminary approval of the plat of Kieffer's Resubdivision to the city of Grand Forks, North Dakota (located in the 1900 block of DeMers Avenue, with recommendation to give preliminary approval to the plat subject to the conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT; AND INTRODUCE

ORDINANCE TO AMEND STREET AND HIGHWAY PLAN

TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
REPLAT OF DEACONS GARDEN ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Dee Phaneuf on behalf of Deacons Development, LLP and RJ Zavoral and Sons, Inc. for preliminary approval of a Replat of Deacons Gardens Addition, being a replat of Block 1, Lots 6, Kannowski's First Addition to the city of Grand Forks, North Dakota (located at 2500 62nd Avenue South), with recommendation to give preliminary approval to the replat, including an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy, and set a public hearing for April 21, 2003.

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

Council Member Kreun introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Deacons Gardens Addition (being a Replat of Block 1, Lot 6, Kannowski's First Addition), Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE

ORDINANCE TO AMEND STREET AND HIGHWAY PLAN

TO INCLUDE PUBLIC R/W SHOWN AS DEDICTED ON PLAT
OF AUDITOR'S RESUBDIVISION NO. 32

The staff report from the Planning and Zoning Commission relating to request from Brandon Bartholomew on behalf of City of Grand Forks for preliminary approval of the plat of Auditor's Resubdivision No. 32 to the city of Grand Forks, North Dakota (located in the 3000-3200 blocks of Olson Drive), with recommendation to give preliminary approval of the plat of Auditor's Resubdivision No. 32, including an ordinance amending the Street and Highway Plan and set a public hearing for April 21, 2003.

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

Council Member Kreun introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Resubdivision No. 32, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCD TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF AUDITOR'S RESUBDIVISION NO. 33

The staff report from the Planning and Zoning Commission relating to request from Brandon Bartholomew on behalf of the city of Grand Forks for preliminary approval of the plat of Auditor's Resubdivision No. 33 to the city of Grand Forks, North Dakota (located at 34th Avenue South and Elmwood Drive), with recommendation to give preliminary approval of the plat subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan and set a public hearing date for April 21, 2003.

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

Council Member Kreun introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Resubdivision No. 33 to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF FOUNTAIN VISTA
PARK RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Cyprus Builders on behalf of Deacon's Development, LLP for preliminary approval of the plat of Fountain Vista Park Resubdivision, being a Replat of Lot 20, Block B of the Replat of Lot 7, Block 1, Kannowski's 1st Addition (located in the 5800 block of Pinehurst Drive), with recommendation to give preliminary approval to the replat, subject to the conditions shown on or attached to the review copy.

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

DENY REQUEST TO REZONE AND EXCLUDE FROM
THE R-2 DISTRICT AND TO INCLUDE WITHIN THE B-1
DISTRICT LOTS C AND D, BLOCK 28, BUDGE & ESHELMAN'S
3RD ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Carrol Burtness and Gaylin Schmidt for preliminary approval; of an ordinance to rezone and exclude from the R-2 (One and Two Family Residence) District and to include within the B-1 (Limited Business) District Lots C and D, Block 28, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota (located at 1611 and 1613 4th Avenue North), with recommendation for denial of the request.

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

DENY REQUEST FOR FINAL APPROVAL OF REPLAT OF
LOT 2, BLOCK 1, YOUNG SUBDIVISION (INCLUDING
VARIANCE TO REGULATIONS TO MINIMUM LOT SIZES
IN THE A-2 DISTRICT

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

Grant Shaft, 2850 24th Avenue South, attorney for Warren and Colette LeClerc, stated he appears in opposition to the motion and that they did have the opportunity to meet with Mr. Kreun, Mr. Potter and Mr. Swanson approximately a week ago and that this request deals with a proposed replat of Lot 2, Block 1, Young's Addition which is a small division about a mile or two south of Grand Forks on Highway 81, that Mr. LeClerc resides in a home located there and also operates an RV park in the summertime.

Mr. Shaft addressed the common procedure being used on replats of this nature in the planning department, and used examples of plats that are either pending or have been recently approved, Wheatland's Acres 2nd Subdivision which is off County Road 6, and Useldinger's First Addition, where the property owners used acreage where the right of way and dedicated streets are used for gross acreage but a lesser amount is allowed for the net on the lot and that this is a significant deviation from what is provided under 18-0207 (6) because they were able to utilize right of way and dedicated roadways in the calculation; that there is a memorandum from Mr. Potter in their packets indicating that is the procedure that they use. He stated in the LeClerc property there is one difference - that Mr. LeClerc does not own the land up to the middle of old U.S. 81 or South Washington Street, but from a practical standpoint there is no difference - that on the other two plats up to the center of the county road that land cannot be utilized by the landowner because it is subject to a highway right of way and very similar to Mr. LeClerc's situation in that the roadway that was dedicated to the public years ago before Mr. LeClerc was involved in the property can't be used for anything other than highway purposes. He stated the difference is that the land in this instance via the planning department is not able to be used in the gross calculation to arrive at acreage. He stated they would like to ask the council to consider and it's what the Planning Commission considered in approving the replat is that the practical result of each situation is exactly the same.

Mr. Shaft stated because of Section 18-0207(6), they can't put more than one dwelling unit on that property; that is a requirement and is important because that section and its predecessor which had a 5 acre limitation, were put into effect in extraterritorial jurisdiction essentially to 1) facilitate the orderly planning and platting of property outside the city's jurisdiction but more importantly, 2) to speak to density issues, that the city was trying to avoid (small clusters of homes outside of town that violated their density concerns). He stated that if they do subdivide you can't go below 2.5 acres or a 15% variation He stated they didn't know from the minutes of the Planning Commission what methodology they used in allowing the variance, thinks some of it was hardship because Mr. LeClerc indicted that he wasn't able to acquire additional property, that if this council was to defeat this motion and allow the replat, would have no different result than any of the other plats that we have in existence in the extraterritorial jurisdiction where they have used the variance and gone below the variance of 2.25 into 1.7, 1.8, 1.9 and results the same even if you disregard the Highway 81 issue and the ownership of that land.

Council Member Christensen stated under Section 18-0204, "density", and its says "..the quotient of the total number of dwelling units divided by the total acreage of a site exclusive of street right of way.." and when he was reviewing 18-0207, which is the ordinance in question, and item B 3 that also says "..density requirements for those parcels of less than 20 acres shall be at a ratio of one unit per 2.5 acres.." so if have the definition of density to exclude right of way (street right of way) and right of way Mr.. Shaft discussed, it seems like we have two places in the Code where you are not supposed to use street right of way for the 2.5 acres. Mr. Shaft stated he did not agree with that, but that run into an additional problem that arguably those people who have built on those lots have now exceeded the density requirement because that one unit will overlap into other lots. Council Member Christensen stated the 2.5 acres is without the street right of way; and his reading of the minutes is that it was more of a hardship variance than anything. Mr. Shaft stated that aside from the arguments made, the Planning and Zoning Commission does have the ability to do that and it was testimony from the LeClerc's was that they had attempted but were unable to acquire the additional acreage.

Council Member Christensen questioned if they were to assist the LeClerc's, how do they get beyond the next argument when next person comes forward and says that the council has done it for others.

Council Member Kerian asked Mr. Potter, how might we move past this point. Mr. Potter stated we need to have a continuing dialogue with the Planning Office and the Engineering Office and talk through this issue and look at the ordinance, that have some internal inconsistencies that they need to get worked out, and if takes some time, may have to ask for a moratorium in the extraterritorial area for 6 or 9 months while they work through this to be sure that they don't continue having these issues come up.

Mr. Potter stated this is the first time they have had a serious issue with how they have done what the ordinance currently calls for, realizing there is some gray area in there, but historically when going back to the 5-acre lots, when came in had to have a minimum of 20 acres to plat, and had to plat it in a minimum of 5-acre lots and to show what they called the ghost lines so that if you did resubdivide that into a smaller set of lots, generally 2.5 because at that point in time the County's minimum lot size was 2.5, then changed 18 months ago at the County's request to come into conformity with their 2.5 acres and where basically owned by a single individual, then did look at the 15% variance; and that if you had a full 20-acres and ended up with a little smaller than 2.5, did look occasionally at that right of way. He stated coming back to the specific point at hand, the right of way that the LeClerc's want used was never part of that original subdivision.

Council Member Kreun stated that this piece of property was never owned by this developer or individual and it was never their ability to give or designate right of way by this individual, that cannot add that highway right of way to this to make it a 2.2 acre or 2.5 acre and then give it back - can't do that because it isn't theirs to give, and does not meet the minimum requirement of what we require to do this. He stated this doesn't meet the requirement that we have used for many years and this is the first time it has been a problem.

Council Member Christensen stated it was his understanding of the right of way issue whether or not Mr. LeClerc owns the land or it's Highway 81, that isn't relevant, thinks the idea of and whether Mr. LeClerc has to give it back or not, doesn't think is relevant to the discussion either, but for the issue on the 2.5 acres is to make sure that when the parcels come into the city, they are configured so that they can have streets and can have orderly development - in this situation Highway 81 is already a street and will be taken into consideration as to access for these two lots, that he thinks we should allow it to be included in the calculation. He stated that he would go with this to assist the LeClerc's, not so much because of the hardship but more because the street is already there and the hash marks in the division effect the future development of this property when it comes in.

It was moved by Council Member Kreun and seconded by Council Member Glassheim to deny the request for final approval.

Upon call for the question on the motion to deny the request and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Kerian, Kreun - 4; voting "nay": Council Members Brooks, Christensen - 2. Mayor Brown declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5495, MILL ROAD WATERMAIN REPLACEMENT

The staff report from the engineering department relating to plans and specifications for Project No. 5495, Mill Road Watermain Replacement, with recommendation to approve plans and specifications for Project No. 5495, Mill Road Watermain Replacement and authorize advertisement for bidding.

Council Member Brooks stated that the City is doing some work on the watermain and are looking at doing an additional one because it is cost effective to do it at this time, but because it was not in the CIP for 2003 the request is to fund it from our waterworks capital projects. The city auditor reported that one of the reasons they are using 4201Funds is that after the event of 1997, we had a lot of work to do and had the CDBG Supplemental Funds, that in 1998 or 1999 the City sold a bond issue for work they thought the City was going to have to pay for and as they started to close out, found there were some funds in the Supplemental Funds and took some of the projects that were going to be funded under this bond issue and were able because they were bid under the right specifications and apply them back to the Supplemental Funds, but running into is that at the end of this year we will still have about a half million dollar balance of that bond issue and are running into arbitrage problems with having sold the bonds and need to use the money, and are going to be paying back some interest to the IRS for our interest earnings; that it was a matter of the timing of that and the reason they included it here as a need to use those funds.

Mr. Grasser, city engineer, stated it is hard to identify some projects when in the budget year; this is an instance where some watermain breaks had developed and as they got into the detailed design of the flood protection project, found that some of the re-routing of the sewer forcemain was in proximity and adjacent to the watermain and that while doing the work on the watermain and makes sense to do them at same time and dollars are in the account.

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

APPROVE BUDGET AMENDMENT, PUBLIC
TRANSPORTION DEPARTMENT

The staff report from the Public Transportation Department relating to the budget amendment, with recommendation to approve budget amendment of $204,560 to receive federal capital funding for the Gillig transit vehicle.

Council Member Brooks asked if this was replacing two buses, Mr. Feland stated it was and bus holds 19 passengers with wheelchairs - that they have 2 older buses and are able to hold buses in reserve for backups, etc. but these 2 buses are at point of needing repair and released them out of their fleet, sold them off for open bid.

Council Member Christensen stated at the last council meeting asked that the City begin looking at taking some of our older buses and using those in conjunction with hotels to transfer people to the Alerus. Mr. Feland stated that the City has 3 or 4 buses in reserve, that they have some tripper runs where add more buses onto the fleet for 3 to 4 hours out of the day, and have backup buses. Council Member Christensen stated he wanted to see some buses pulled out of the reserve fleet if possible and refurbished to some extent so that when the Convention & Visitors Bureau is booking events at the Alerus that have buses we can put into service so that the hotels can operate a route among hotels, and asked if he would talk with Mr. Foster about that.

Council Member Hamerlik stated that serving on the Commission, they have been involved in this before, that a couple years ago two of the surplus buses were given to the Alerus and the Commission and they found out that the cost was prohibitive to operate them and so released them; that more recently with some of the motel owners being concerned about new motel, and he has asked and it is under study to have motel convenience by a bus, but some problems which have to do with private enterprise, and some with federal money, and urged consideration and to move cautiously because we have to be respectful of those in private enterprise.

Council Member Christensen stated that they had a lot of people here last meeting in the motel business who were also concerned about private enterprise, as there may be some concern in this community as to government involvement in what they are doing at the Alerus in conjunction with another governmental body, and would only encourage us as a City to use our resources in the form of buses that are in reserve to assist those whom we may affect as we move forward with our venture so that if we can ameliorate some of their concerns and make it easier for them to move people back and forth to the Alerus until such time, and even after we get a hotel built, that we do so. Council Member Hamerlik agreed to some of those principals and concepts but to move cautiously.

Council Member Glassheim stated that before we do this, that there were statements about redoing the buses and who is going to do maintenance and if we are going to be involved in a new program that is going to cost money, may choose to do it but get program and know what we're going to spend, where money come from before doing it.

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

INTRODUCE ORDINANCE AMENDING SECTIONS OF

THE CITY CODE RELATING TO B-2 (SHOPPING CENTER)

AND B-3 (GENERAL BUSINESS) DISTRICTS TO ALLOW

DRIVE-UP COFFEE KIOSKS AS A CONDITIONAL USE

The staff report from the Planning and Zoning Commission relating to the request from the Planning Department for preliminary approval of an ordinance to amend Section 18-0204 Rules and Definitions; Section 18-0215 B-2 (Shopping Center) Districts, subsection (3), Conditional Uses; and section 18-0216 B-3 (General Business) District, subsection (3), Conditional uses; relating to drive-up coffee kiosks, with recommendation for denial of the preliminary approval of the ordinance.

Council Member Kerian stated because of conversations last week that we would want to have an ordinance change to be able to regulate a business that we would be interested in having come to Grand Forks, moved that we give preliminary approval of the ordinance and that we direct Planning and Zoning to work on improvements needed to address their concerns and come back with amendments to the ordinance. Carried 6 votes affirmative.

Council Member Kreun introduced an ordinance entitled "An ordinance amending the Grand Forks City Code of 1987, as amended; Chapter XVIII, Land Development Code, Article 2, Zoning; Section 18-0204 Rules and Definitions; Section 18-0215 B-2 (Shopping Center) District, subsection (3) Conditional Uses and (11) Special Conditions; Section 18-0216 B-3 (General Business) District, subsection (3) Conditional Uses", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND SECTION 18-0907(6)
RELATING TO LAYOUT OF ADDITIONS AND SUBDIVISION
SURVEY AND PLAT REQUIRED, CONTENTS OF PLAT;
PUBLIC SITES AND SET PUBLIC HEARING

The staff report from the Planning Department relating to request from the Planning Department for preliminary approval of an ordinance to amend Section 18-0907(6) of the Grand Forks City Code relating to layout of additions and subdivisions survey and plat required, contents of plat, public sites, with recommendation to give preliminary approval of the ordinance and set a public hearing for April 21, 2003.

Council Member Glassheim stated that this is taking new commercial development out of the 8% park district requirement, and questioned why we would want to do that, everybody pays the park district mill which pays for parks and recreation, including businesses which don't recreate, and that they should participate in this 8% new development fee as well as new residential developments.

Howard Swanson, city attorney, reported that at his recommendation several years ago the Planning Department stopped applying the 8% park dedication to anything other than a residential development, based upon a series of decisions by the U.S. Supreme Court and also various circuit courts, he came to the conclusion that if litigation were to ensue the City likely did not have sufficient basis to support a park dedication on anything other than residential properties and the ordinance before you implements the recommendation that he gave to Planning and Zoning a number of years ago; that the question as to real estate taxes and park dedications in the context of approval of a plat are not measured constitutionally by the same provisions. He stated with respect to a park dedication you must show a relationship between the goal you are attempting to accomplish and the taking that is occurring administratively, that standard is not the same standard applied to real estate taxes. There has been some suggestion that perhaps we should revisit whether or not the park dedication should be applied at all, that is a policy decision for this body, and have had some debate on Planning and Zoning as to whether they should go to an impact fee ordinance in place of an 8% park dedication, that is a policy decision, and that most recently at the request of Mr. Christensen his office once again under took more research on the issue and again he has concluded that the park dedication ordinance is constitutional and can be upheld to any challenge as there has not been an 8% park dedication ordinance struck down in the U.S., but other forms of takings struck down and higher rates struck down, but not at an 8%, and his recommendation to this body is to move forward with preliminary approval of this ordinance.

Council Member Glassheim asked if rather than taking property, could there be a charge made or if that is what impact structure would look like. Mr. Swanson stated that an impact fee will also be analyzed under the same context, and that is whether or not you can establish a relationship between your program and the property that is being reviewed and then also have to show in the context of the case law a rough proportionality between the cost of that program and whatever fee is imposed or taking is being imposed. He stated for park purposes the courts have found them to be appropriate as applied to residential and they have not been particularly supportive in an application of a commercial or industrial piece of property.
Council Member Christensen stated that we are having a first reading of this ordinance to amend the 8% taking, that he reviewed Mr. Swanson's memo and that perhaps Mr. Swanson could provide that memo to the rest of the council and the mayor. He stated he has some concerns as to the ordinance even with residential, and doesn't know if this ordinance specifically deals in that rough proportionality that Mr. Swanson was alluding to, which means that an ordinance may not have been declared unconstitutional by the Supreme Court or a federal court, he thinks that perhaps have some more language dealing with some measuring that the Planning and Zoning body would impose as to subdivisions and parks. He stated this ordinance has been on the books since 1976 and first utilized when the shopping center (Marshal Fields shopping center) that 100 acres was taken into the city, and part of the fee was paid and balance of the park ended up being a water retention pond in the northwest corner of the mall. He stated his concerns is that the developers are paying these fees and perhaps tacking it on to the cost of the lots that are purchased but not seeing any parks (mini or pocket) being developed in some of our subdivisions, and we have a lot of development going on or proposed development going on and is more concerned about having some parks in some of those areas so children can recreate in the areas rather than paying the fee and tacking it on and selling the lots - this is good opportunity for the council and Planning and Zoning to work together to begin carving out some smaller parks as the city develops.

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

Council Member Kreun introduced an ordinance entitled "An ordinance amending Section 18-0907(6) of the grand Forks City Code relating to layout of additions and subdivisions; survey and plat required; contents of plat; public sites", which was presented, read and passed on its first reading.

APPROVE BILL LISTING

Vendor Payment No. 03-06, dated March 14, 2003 and totaling $570,087.42, was presented and read. It was moved by Council Member Christensen and seconded by Council Member Kreun that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES MARCH 3 AND 10, 2003

Typewritten copies of the minutes of the city council meetings held on Monday, March 3, 2003 and on Monday, March 10, 2003, were presented and read. It was moved by Council Member Christensen and seconded by Council Member Glassheim that these minutes be approved. Carried 6 votes affirmative.

ADMINISTRATIVE COORDINATOR COMMENTS

Mr. Duquette, administrative coordinator, thanked the mayor and city council for the ordinances relating to enforcing Park District ordinances re. Springfest and that the Park District is in the process of putting together ordinances related to glass bottles, flammable materials and at certain permitting processes for alcohol. He stated at the mayor's urgings he is going to pull together the group from the University of North Dakota and the Park District that have been working on this along with the Police Department within the next 10 to 12 days to continue their work on this.

COMMENTS BY MAYOR AND CITY COUNCIL
1) Council Member Brooks stated he had several follow-ups: that several weeks since they voted on the recycling and asked if staff has decided who would take some action on drawing up transition plan on this. Mr. Feland stated they have started the transition plan, but prior to that will be doing the curbside program this summer will ask the task force to reconvene - that the backup plan was to have drop sites after showing results this fall if when bringing numbers back they don't look as they should, and have backup plan for bidding of drop-off sites.

2) Council Member Brooks asked when they would be getting a 2002 preliminary finance report; the city auditor reported they are putting that together along with auditor's report. Mr. Brooks asked if and when strategic planning meeting would be rescheduled. Mr. Duquette stated they are working on the schedules with facilitators and the mayor's schedule.

3) Council Member Hamerlik stated the hockey season is ended and wanted to thank Mark Aubol and his staff who did a commendable job in providing emergency services to the area east of the Ralph Engelstad Arena, with snow, cars parking all over and could not get emergency vehicles in without having parking limited to one side on a few areas where there is currently not one-side parking, and they worked very hard and the people in the area are thankful for that.

4) Council Member Hamerlik stated that last week the League of Cities had a day in the Legislature; that Pete Haga, Council Member Kreun, Richard Duquette and himself represented the City and spent some time with other League members and with legislators, and to thank them all for what they are doing for us; that City reps. had a chance to see some of the action that was taking place, and thanked them for attending.

5) Council Member Hamerlik stated that the Special Events Committee, chaired by Council Member Gershman, has met several times, but not recently; that they had $100,000 allocated by the council for special projects, went into a hold move, so they could find out for sure if we were on legal grounds even though we are a home rule city; that several weeks ago Mr. Swanson sent a letter to Attorney General Wayne Stenehjem, that Mr. Stenehjem is still working on it so the Special Events Committee and those allocations are on hold; and actually would need to meet and do some finalization.

8) Council Member Hamerlik stated that there is a bill that many of our employees have been watching, Senate Bill No. 2176 relating to PERS, those people who are in municipalities who retire and have been members of PERS so that if they take early retirement at 55 and carry the medical insurance which heretofore have been unable to do, that medical insurance has been cost prohibitive for them to think about retiring other than 18 months of COBRA; that this passed House subcommittee unanimously; it is in the Senate side and looks as though it will be signed today or tomorrow and the Governor has 3 days to sign it or veto it, and doesn't seem to be a problem at this time.

9) Council Member Glassheim asked if they could begin discussion on the park district and the replacement of the 8% if going to replace it or how handle that for more small parks, and if they could ask the planning director to begin that process. Mr. Swanson reported that Dr. Kweit at the last Planning and Zoning Commission meeting brought up a committee to look at the draft that has been done for several years on impact fees; that side of the issue would be in the hands of Planning and Zoning and they are moving forward with that. Council Member Glassheim stated that one thing to do is to get money which then goes to the Park District and another is to translate it into specific parks near or in the area of some new development. Mr. Swanson stated that is a policy decision that would have to be addressed by the city council and the Park District, the courts have not required neighborhood parks to be built with those dedicated dollars or land, the courts recognized that you may have a larger urban park as opposed to a neighborhood park and that can be properly funded, and that is why he suggested that is a policy suggestion to be taken on by the council; that in his discussions with Dr. Kweit and in the drafts of the materials that he has provided Planning and Zoning in the past has not addressed that issue at all, and if that is direction they wish to go, would leave that open whether you wished to align it with Planning and Zoning, ultimately would have to go through Planning and Zoning because it is an amendment to Chapter 18 but could originate with this body.

9) Council Member Christensen stated that the council can request that Planning and Zoning Commission look at that, needs to be placed on the Committee of the Whole agenda and perhaps Mr. Duquette can have that placed on the next agenda and refer it to the Planning and Zoning Commission; that it is his understand that the history of the smaller parks is that the Park District has been concerned about the costs for maintaining the smaller parks, and that is why the money has found its way into their coffers for maintenance, and perhaps time to revisit the policy in the light of growth of our city and the lack of the parks and lack of effect that we're soon not to have Riverside Park or Central Park, and that he will ask to have this placed on committee of the whole agenda to move it into planning and zoning.

10) Council Member Christensen asked if Mr. Feland could give them a report as to when the rate study will come back for another review, it has been several weeks and would hope they could get a report from Mr. Carsen as to the additional revenue that could be generated from the proposed increase in property tax.

11) Council Member Christensen stated that the resolution adopted last week dealing with the support of the community aquatics center, after the resolution was drafted and he had an opportunity to review it, he found that there maybe some redundancy in the language, that he pointed that out to Mr. Swanson and Mr. Schmisek and it was suggested they have a supplemental resolution prepared for the next committee of the whole meeting for review.

12) Council Member Kreun stated that re. the League of Cities sponsored day at the Capitol, asked Council Member Glassheim to say thank you to all our legislative representatives in Bismarck.

ADJOURN

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

Respectfully submitted,

Saroj Jerath
Deputy City Auditor