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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 21, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 21, 2003 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Gershman, Christensen, Kerian, Kreun - 7; absent: none.

President Gershman announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

President Gershman announced that Mayor Brown is at the U.S. Conference of Mayors in Washington, D.C. and will also be meeting with the North Dakota delegation.
He stated that Market Place for Ideas that took place this past week at the Alerus Center was a great success; Senator Conrad and Agricultural Commissioner Johnson and the volunteers deserve our thanks, and also the Alerus staff.
He stated that this Saturday morning at 9:30 a.m. in the council chambers will be the first legislative forum with our delegation in Bismarck, and public is also welcome to attend.
He stated that the Frosty Bobber in East Grand Forks and wished fishermen and the fish good luck.

CONTINUE PUBLIC HEARING AND SECOND READING OF
OF ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AND DEDICATED
ON THE PLAT OF HOMESTEAD GROVE FIRST ADDITION
TO FEBRUARY 18, 2003

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Homestead Grove First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 18, 2002, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD, on behalf of LPF Properties for final approval of the plat of Homestead Grove First Addition to the city of Grand Forks, North Dakota (located north of 47th Avenue South between Sunbeam 5th Resubdivision and South 11th Street), with recommendation to the council to table final action until February 18, 2003, including an ordinance amending the Street and Highway Plan.

Dennis Potter, city planner, asked that this item be continued to the February 18, 2003 council meeting.

President Gershman opened the public hearing. It was moved by Council Member Kerian and seconded by Council Member Christensen to continue the public hearing and second reading of the ordinance until February 18, 2003. Carried 7 votes affirmative.




CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING ZONING MAP TO REZONE
AND INCLUDE WITHIN THE HOMESTEAD GROVE PUD
(PLANNED UNIT DEVELOPMENT) CONCEPT DEVELOPMENT
PLAN, ALL OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 22, T151N, R50W OF THE 5TH PRINCIPAL
MERIDIAN UNTIL FEBRUARY 18, 2003

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and to include within the Homestead Grove PUD (Planned Unit Development) Concept Development Plan, all of the West Half of the Southwest Quarter of Section 22, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 18, 2002 and upon which public hearing had been continued until this evening was presented and read for consideration on second reading.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD, on behalf of Homestead Grove Partnership for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) District and to include within Homestead Grove PUD (Planned Unit Development), Concept Development Plan, all of the West Half of the Southwest Quarter of Section 22, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of South Washington Street between 40th Avenue South and 47th Avenue South), with recommendation to the city council to table final action until February 18, 2003 of the ordinance and Planned Unit Development, Concept Development Plan.

Dennis Potter, city planner, asked that this item be continued to the February 18, 2003 council meeting.

President Gershman opened the public hearing. It was moved by Council Member Kerian and seconded by Council Member Christensen to continue the public hearing and second reading of the ordinance until February 18, 2003. Carried 7 votes affirmative.

ADOPT ORDINANCE NO. 3958, AMENDING THE LAND
DEVELOPMENT CODE, AIRPORT DISTRICT BY ADDING
          REGULATION RE. ENTRANCE SIGN

An ordinance entitled "An ordinance amending the Land Development Code, amending Chapter XVIII, Article 2, Section 18-0222, A-D Airport District by adding Section 18-0222(2)(L) entrance sign", which had been introduced and passed on its first reading on December 16, 2002, and upon which public hearing had been scheduled for this evening.

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.

President Gershman opened the public hearing. There were no comments, and the public hearing was closed.

It was moved by Council Member Kreun and seconded by Council Member Kerian to approve the ordinance. Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the ordinance adopted.

APPROVE PLEDGED COLLATERAL REPORT

The staff report from the finance department budget officer, relating to the pledged collateral report, with recommendation for approval of the report.

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

APPROVE BUDGET AMENDMENT, FIRE DEPARTMENT

The staff report from the fire department relating to the budget amendment for the fire department in the amount of $99,810.00, with recommendation to approve the budget amendment in order to fund wellness/physical fitness program using grant funds from FEMA FIRE ACT.

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

APPROVE APPLICATION FOR ABATEMENT OF 2001
TAXES ON PROPERTY AT 10 VAIL CIRCLE

The staff report from the city assessor relating to application for abatement for 2001 taxes by Colleen Ross, 10 Vail Circle, Lot 12, Block 1, Haake's 3rd Addition, with recommendation to the Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE APPLICATION FOR ABATEMENT OF 2001
TAXES ON PROPERTY AT 24 VAIL CIRCLE

The staff report from the city assessor relating to application for abatement for 2001 taxes by Kathleen A. Taber-Pietron, 24 Vail Circle, Lot 8, Block 1, Haake's 4th Addition, with recommendation to the Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE APPLICATION FOR ABATEMENT OF 2001
TAXES ON PROPERTY AT 1007 CAMPBELL DRIVE
The staff report from the city assessor relating to application for abatement for 2001 taxes by Philip and Dolores Krump, 1007 Campbell Drive, Lot 10, Block 8, Cox's Addition, with recommendation to the Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

AUTHORIZE STAFF TO OBLIGATE REMAINING
BALANCE OF 2002 HOME FUNDS TO CITY'S HOME
OWNERSHIP ASSISTANCE PROGRAM

The staff report from the office of urban development relating to unobligated 2002 HOME Funds, with recommendation to authorize staff to obligate the remaining $48,400 balance of 2002 HOME funds to the City's Home Ownership Assistance Program.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

AWARD CONTRACT FOR PROJECT NO. 4810, LIFT
STATION NO. 4

The staff report from the engineering department relating to bids for Project No. 4810, Lift Station No. 4, with recommendation to awards contract to the low bidder(s) in Schedule B to Construction Engineers, LTD for general contract, in the amount of $558,910.00, to Comeau Electric for electrical contract in the amount of $140,964.00, and to McFarlane Sheet Metal for mechanical contract in the amount of $30,500.00, for a total project bid of $730,374.00.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried and the bids awarded.

DENY APPLICATION FOR ABATMENT OF 2000 TAXES
AND APPROVE APPLICATION FOR ABATEMENT OF 2001
          TAXES BY HEYMAN ASSOCIATES NO. 11 FOR PROPERTY
              AT 1720 SOUTH WASHINGTON STREET

The staff report from the city assessor relating to applications for abatement for 2000 and 2001 taxes by Heyman Associates No. 11 for property at 1720 South Washington Street (Lot C, Replat of Lots 2, 3, 4 and 5, Drees Place Addition), with recommendation to the Board of County Commissioners that the application for 2000 be denied and the application for 2001 be approved as submitted.

Jon Jensen, 24 North 4th Street, attorney representing Heyman Associates No. 11, stated that they have an application by his client for the abatement of the taxes for 2000 and 2001, and that he had asked the question of what was the difference between 2000 and 2001, that what had been used both years was the cost approach to value the property, that it doesn't take into account income or anything of that nature and if look at Mr. Carsen's report in paragraph one he points out that for 2000 and 2001 the improvements were valued at $1,454,300, and then explained he reassessed the property for 2002 and reduced the improvements to $221,000 which is a difference of $1.2 million, that the property is the same in 2001 as assessed in 2002 and to grant the abatement. He stated that Mr. Carsen said that they shouldn't grant the abatement for 2000 and only rationale provided for that is the property was leased through October, the problem with that is that he is using the cost approach but using an income approach to distinguish it, and his point is that you have to elect one or the other, the only way you can distinguish it is if you can explain why the improvements to this property are $1.2 million lower one year later, and his client's request is that to simply grant the abatement to reflect what the value of the property was under the cost approach, and under the cost approach know for 2002 and 2001 it is $221,000 to the improvements, there is nothing to distinguish it for 2000, property was the same and in very poor condition, the fact that it's rented isn't relevant to the cost approach, and that is the only distinguishing factor that has been listed by Mr. Carsen, and on that basis would argue that if the abatement is not accepted for 2000, in their opinion it's based on something that is arbitrary, capricious or unreasonable, because nothing demonstrated to distinguish it.

Council Member Hamerlik moved as requested by Council Member Christensen to recuse Mr. Christensen from voting; Council Member Brooks seconded the motion. Carried 6 votes affirmative.

Council Member Hamerlik moved that we adopt the recommended action, that the application for 2000 be denied and the application for 2001 be approved as submitted. The motion was seconded by Council Member Kerian.

Mel Carsen, city assessor, stated there has been discussion about his using only the cost approach on this property and that is true to some extent for whenever he does a cost approach he considers the market approach and considers the income approach or how else would he come up with an economic obsolescence, that he did that by way of the overall economic conditions of that mall property and determined that by the income approach on a like property at the other end of the mall, and to say he has not considered the income approach is improper and he did not actually do an income approach in this property but determined the economic obsolescence for the year 2000 and going back, based on the income approach, but did that calculation in the cost approach by way of a 25% economic obsolescence. He stated if he were to do an income approach in this property, even for the year 2000, he would not figure income for 10 months and no income beyond that, you would figure income what you think it might be going forward even into 2002 and beyond that, to say it has no income as of October 31 would not be proper, just because you have a vacancy starting 35 years after a building is built, doesn't mean the value goes to zero, you still anticipate in the income approach you take what the income would be and give a reasonable vacancy adjustment, that might be 5% or 7% on an annual basis, here they had no vacancy for 35 years and then when get a vacancy they want an adjustment to drop the value by 70%, and he thought it was reasonable to allow that adjustment downward starting in 2001.

Council Member Kreun stated a similar scenario when looking at Sam's Club and Wal-Mart and at Menard's buildings and the same methodology that Mr. Carsen just indicated was used on those particular buildings to determine whether it was a cost income or replacement approach and in order for us to be consistent throughout the community, we should utilize that same approach.
Upon call for the question on the motion and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Kerian, Kreun - 6; voting "nay": none; Council Member Christensen recused from voting on this matter. President Gershman declared the motion carried.

APPROVE ALTRU HEALTH SYSTEM TAX AGREEMENT

The staff report from the city assessor relating to the Altru Health System tax agreement, with recommendation to approve the agreement.

Council Member Brooks stated that the previous agreement is to be extended for five years. and concerned with term of the agreement, things change in health care system and would be more comfortable with three years.

Mr. Swanson stated that not sure five years or three years were important because within the terms of the agreement, the agreement has to adjust to the determinations of State law as to whether they are or are not taxable, in this case where it is helpful for the City is under this agreement they are presuming that certain things are taxable, this document in effect runs in favor of the City by specifically assuming that properties are taxable rather than placing that burden upon the city assessor to establish that they are taxable. He stated his advise is not to shorten the term of the agreement because it's to our benefit to have it for a period of five years, however, if the law is changed or the specific exemptions change that they are no longer taxable, it requires the unanimous approval of the property or the City, the School District, Park District, County to make that evaluation, but if wanted to go to three years, not a real concern, but to keep in mind that the agreement is actually running in favor of the City more so than it does for Altru. He also noted that the context in which this agreement was arrived five years ago, was a situation in which the concern was that all or a majority of the property would become tax-exempt, and this agreement was put in place to maintain property in a taxable status.

Council Member Kerian asked if this is reviewed on an annual basis. Mr. Carsen stated he would be reviewing two aspects, one is if there is a major change of use of any of the properties where a clinic might become used as a hospital or vice versa, this agreement exempts hospital-type uses and taxes clinic-type uses; the other change would be if there is a change in ratio of hospital vs. clinic uses, it would affect the taxation of the former Alerus Bank building on DeMers Avenue.

It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the recommendation. Carried 7 votes affirmative.

INTRODUCE ORDINANCE INCREASING MONTHLY
MOSQUITO CONTROL FEE

The staff report from the health department relating to the 2003 mosquito control program options and fee increase, with recommendation to introduce the ordinance increasing the monthly mosquito control fee and approve mosquito program options for 2003.

Don Shields, director, health department, stated he wanted to clarify several items, that he appreciates feedback he received last week from a number of city council members in terms of options and alternatives they would like to have incorporated into bids; it is important because in the January timeframe and would take two readings to increase or change the mosquito control fee and would urge council to introduce the ordinance and have first reading that would allow a new fee to be put in place in March; currently will still be collecting the $1.25 in January and February, but if want changes for this year, it would be important to put that in place even if there were changes they wanted to make later. He stated their options outlined in the staff report were based upon estimates, people they contacted that were in a variety of trades from an aerial spraying to dealers in terms of getting those estimates, that those estimates and numbers may change as the bids would come back from the bidders or series of bidders in the March timeframe, but is best estimate at this time. He stated they are interested in doing cost reduction alternatives for the mosquito control program, and one of the alternatives they are looking at with vehicles they will incorporate in the bids, that they have a $15,000 per vehicle number est. and that is worst case estimate for a two-wheel drive SR10 or Ford Ranger type vehicle but possible they will get bidders that will bid used vehicles at a lower figure; that a city council member has suggested that it is possible they might get a vendor who could provide some of those services with trucks and equipment that could supplement the program during peak times when have large mosquito infestations and are interested in alternative bid to see if there is a market out there, which could change the cost of what equipment they would buy. He stated those bids would not be back until mid-March; and would include an alternative for vendors to bid on aerial spraying so council would have an exact cost of what it would take to do that if you chose to include that in the proposal for the summer and that they will bring that back as a bid package and can discuss that at that time also.

Council Member Kerian moved to introduce the ordinance to increase the monthly mosquito control to the recommended $2.50 per month fee. Council Member Christensen seconded the motion.

Council Member Hamerlik asked in the event that there is a need for aerial spraying or extra cost, if the intent is to come back to council to find money from other sources because the $2.50 will carry out a program that they have planned with not much left over. Mr. Shields stated they would approach the city auditor to determine where they could go for emergency sources of money if had a West Nile issue or tremendous infestation as had last year; that recommendation was to exhaust all mosquito control funds so they spent down the capital replacement fund vs. coming back and using other funds. The city auditor stated they would look at all sources of funding, there are other options as they get into this later on in the year and determine that there's a higher cost and coming back in with an ordinance change to collect for a certain length of time an additional fee to make up that cost. Council Member Hamerlik stated his only concern is that they don't want to stifle them and want them to go ahead with the program but would need a budget amendment that would come from the council and may be best to get it from some other source.

Council Member Kreun stated he appreciated their looking at a two-pronged approach, either aerial and/or increased ground application and one of the things they can do that may alleviate Mr. Hamerlik's concerns is once we have the total amount and know what our budget is and take the bids and adapt a program to that amount and will include aerial application in that process, so won't have to be an extra cost but as a budgeted cost into that part of the program along with the ground spraying. Council Member Hamerlik stated he wanted an understanding that it isn't necessarily limited to that in case there was an emergency.

Council Member Christensen stated that as a result of the dialog with council members, they will be bidding used vehicles. Mr. Shields stated they will be bidding both used and new vehicles to see what comparison is, but if get good used vehicles that is fine with their program. Council Member Christensen stated it occurs to some of them that an aerial application may be something they would want to incorporate and that they will give the funds although he would appreciate more input as to some of the areas they are exploring, and mainly concerned that they have it in reserve. Mr. Shields stated that an aerial application could compliment a ground spray and could reduce the numbers, the $2.50 doesn't give a lot of leeway but will know better after the bids are received, rather than now when dealing with estimates.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

Council Member Kerian introduced an ordinance entitled "An ordinance amending Section 15-0117 of the Grand Forks City Code relating to mosquito control fee", which was presented, read and passed on its first reading.

APPROVE JOB DESCRIPTION FOR DIRECTOR,
URBAN DEVELOPMENT

The staff report from the Human Resources director relating to job description approval, with recommendation to approve job description for the director, Urban Development as developed by the Finance/Development Standby Committee.

It was moved by Council Member Hamerlik that the contracted position of director of Urban Development as revised be approved. It was seconded by Council Member Kerian.

Council Member Hamerlik moved an amendment to the job description to change the wording on second page under Experience and Training Guidelines, under Training, insert the words, a minimum of Bachelor's degree. and in the last sentence to delete the words "..in similar area..." with the sentence to read," A Master's degree is preferred." Council Member Kerian seconded the motion. Carried 7 votes affirmative.

Upon call for the question on the motion as amended, and upon voice vote, the motion carried 7 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5462, ENGLISH COULEE MAINTENANCE

The staff report from the engineering department relating to plans and specifications for Project No. 5462, English Coulee maintenance from 24th Avenue South to 17th Avenue South, with recommendation to approve plans and specifications for Project No. 5462, English Coulee maintenance from 24th Avenue South to 17th Avenue South and authorize advertisement for bidding.

Council Member Brooks stated he has concerns about impact to the Coulee in the north end after dredging and the flow is moving faster. Mr. Grasser reported that one of their staff members did the hydraulic run on that and determined the increased flow volume to be about 20 cfs at peak flow, and in the north end talking about hundredths of a foot of difference in elevations and would term it insignificant; but the benefits of this project are to get that water moving a little bit sooner but doesn't increase highs on the bottom end but moving a little quicker.

Council Member Kerian asked what might expect from the informational meeting with residents to be held on January 29 and what impact that might have on the bid process. Mr. Grasser stated they are hoping for good public participation in the process because there maybe some concerns of residents that they will want to take into account during their final design, how much disrupt the coulee, and a lot is just communication so residents are aware of the project and to answer any questions that they have and incorporate any suggestions; that project will be in their backyards even though within Park District property. He stated they will be doing the advertising and if hear something the neighborhood has consensus on that causes problem, will reconsider where they are at. He stated that the project and their intent is to do a narrow cut down the middle for cleaning, that area will be about 25-30 ft. wide with the outside edges of the channel left undisturbed and want to minimize any concerns they have with people that like to have some of that habitat in their backyard.

Council Member Hamerlik stated that the council will not be able to attend that informational meeting at Red River High School because they have a strategic planning meeting, that they are interested but that most of them won't be able to attend, and asked engineering staff to notify the people of the conflict and to make sure any issues are communicated back to council.

It was moved by Council Member Kreun and seconded by Council Member Christensen that the recommendation be approved. Carried 7 votes affirmative.

RECEIVE AND FILE REPORT ON WASTEWATER
TREATMENT PLANT BIOSOLIDS MANAGEMENT
FACILITIES PLAN

The staff report from the director of public works relating to Wastewater Treatment Plant Biosolids Management Facilities Plan, with recommendation for approval of biosolids management Alternative Number 2 (aerobic digestion, mechanical dewatering, air drying, and land application), pending further analyses, review, and approval of Alternative Number 2 with the updated treatment option by the proper authorities.

Council Member Kreun noted that this recommended action was for Alternative 2 and want to stay with that but because of the information they received just prior to last week that they have another option to pursue and that the city council standby committee and city council after further analysis and review is completed with regulatory agencies, can make that recommendation at that time but wanted to make sure that the other option is still there and cost is actually even less than Alternative 2. He noted that when the program started, est. cost was at $25 million, then went down to $10-11 million, and now down to $2 million or less.

Todd Feland, director of public works, stated their intent is to go with the updated option No. 2 that was presented last week, and that next week staff will schedule a conference call with the consultant, EPA and ND State Health Department to obtain preliminary approval of our concept, and then design a scope of what they need to get the job done as stated by Mr. Carr of Black & Veatch and report back to the city council.

It was moved by Council Member Kreun and seconded by Council Member Christensen to accept and file the report subject to further update. Carried 7 votes affirmative.
          APPROVE BILL LISTING AND ESTIMATE SUMMARIES

Vendor Payment No. 03-02, dated January 21, 2003 and totaling $431,611.83 and Regular Estimate Summary in the amount of $455,079.00, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Christensen that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried and the bills and estimates ordered paid.

APPROVE MINUTES JANUARY 6, 2003

Typewritten copies of the minutes of the city council meeting held on Monday, January 6, 2003, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that the minutes be approved. Carried 7 votes affirmative.

ADMINISTRATIVE COORDINATOR COMMENTS

Rick Duquette, administrative coordinator, reported he and Mr. Grasser traveled to Bismarck for a series of meetings with the North Dakota Water Coalition regarding water projects in the State of North Dakota, and this morning testified in front of the Senate Appropriations Committee regarding the Governor's requested appropriations bill on these water projects; that the importance of this particular piece of legislation is that $18.5 million earmarked for the City of Grand Forks, and is the last piece of the $52 million that is going to our project. He stated he will continue to monitor this legislation and feels confident about what they heard today at the testimony and will keep the council informed.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks stated that in looking through the public works and engineering minutes, wanted to bring up one item of note, that in the year 2002 they had 21 water breaks vs. 32 from 2001 and that's a tremendous improvement, and thanks to all that contributed to that.
He stated that they received the numbers on the night bus which were up but in reading the minutes overall the numbers were down in total for the last period and need to work on that, as costs are going up per person.
He asked when the Gateway Design Review Board would be meeting; Mr. Potter will be scheduling that.

2) Council Member Hamerlik stated that the Legislative Forum will be meeting on Saturday at 9:30 a.m. that the Legislative Committee made up of staff and two council members, Mr. Kreun and himself, will be meeting every Friday at 2:00 p.m. as they have the last two Fridays for purpose of telephone conference with State Office of League of Cities for reviews of bills that seem to be most appropriate to the League of Cities and Grand Forks, and that any council member or staff welcome to the meeting. He stated that as this is a conference call, meet before for a few minutes and afterwards.

3) Council Member Hamerlik stated that last week they passed a motion confirming Sandy Glas as member of the Events Center Commission, minutes in the newspaper reflected that the Commission member was appointed but did not indicate who it was, and that he wished the people to know that Sandy Glas was reappointed for a three-year term.

4) Council Member Glassheim stated that on the economic development job description, that he was pleased with the process with staff and council people giving and taking and came to a quality product and especially pleased that they retained the recognition that it was important that the urban development director have economic development and expertise on behalf of the City, while at the same time recognizing that the EDC was the lead economic development agent, and thanked everybody who was involved.

5) Council Member Christensen asked Mr. Swanson on status of request to the Attorney General. Mr. Swanson stated he has drafted two different versions of requests, held conference calls with reps. from City of Fargo concerning matters that they have pending with the Attorney General and also discussed some potential legislation that may be contemplated being introduced, although it may not address the City of Grand Forks circumstances. Mr. Christensen asked if that legislation has been drafted and would be very interested in seeing it; Mr. Swanson stated he did not know and that it is not a matter of public record if it has been drafted. He stated the contemplated amendments would be to NDCC 40-05.02 entitled Additional Powers to City Council and Board of City Commissioners, and does not have any effect for Home Rule and that is why he suggested it may not be of particular importance to the City.

6) Council Member Christensen asked if the City has any bills that we are following at the Legislature or any particular legislative items. Mr. Swanson stated there is one bill that has been introduced at the request of the City of Grand Forks; Senate Bill 2052, and other bills, which do have particular impact to cities including the City of Grand Forks, are following in conjunction with the League of Cities. Mr. Hamerlik stated there is a bill that Mr. Glassheim has signed on which may have been partially instituted by Grand Forks and hearing next Friday; that this bill, if passed, would allow people who retire with a pension plan to continue with insurance benefits through the City. He noted that Mr. Bunce will be there for the hearing as well as one other staff member.

7) Council Member Christensen asked for e-mail to the council re. status of the rate study, need to get on that as starting CIP. Mr. Feland stated that he has teleconference on January 31 to get a final draft review and trying to schedule meeting with the Safety/Service Standby Committee on February 12, 4:30 p.m.

8) Council Member Christensen stated meetings had been scheduled for January 9 re. various projects in Wards 4, 5 and 6, and if have rescheduled those meetings to give city council an update when those projects may begin, more concerned that citizens know about the projects and source of funding. Mr. Grasser stated their process was to make sure the council members were familiar with the projects and had some background before taking it to the public, and are scheduling individual meetings to look at those projects. Mr. Christensen stated he was concerned that if going to present to the public that individuals in those various wards know how projects are going to be paid for, that at his ward's presentation last year there was some representations that it would probably be paid for with funds other than special assessments, not sure that is the case, and the individual's appetite for the project may be diminished if learn what it is going to cost for the improvements - have to know that before they even schedule a public hearing so that when they send out the notices they know the source of payment. Mr. Grasser stated that maybe some miscommunication, that to him it was a question of what level of special assessments might come out of it, depends on which category they slip into, and good reason why need to talk about our CIP policies and will be reviewing that this week at the CIP because that is what they use for their basis to carry forward in project planning.

Council Member Hamerlik stated that Friday at 9:30 a.m. the Special Events Committee, chaired by Mr.
Gershman, will be meeting, that they held the hearing last Friday; had 21 applications with about 17-18 presentations and hope to move forward with that in the next three weeks.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_____________________________________
Harold A. Gershman, President of the Council