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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 15, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 15, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; absent: none.

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

Mayor Brown commented on various events during the past week and upcoming events:
This morning he had the pleasure of representing the citizens of Grand Forks at a veterans ceremony at the Ben Franklin School, and at this event honoring local veterans and he led the pledge of allegiance, that they gave each veteran a gift from the students and each one hand signed and thanked all those at Ben Franklin Elementary.
Congratulations to all the football teams that competed this weekend and good luck to UND and East Grand Forks who will be moving on and congratulations to all the other area teams and the teams from Central, Cavalier and Larimore can be proud of their seasons and how they played and represented our region well.
He encouraged everyone to take advantage of the Lewis and Clark exhibit at the North Dakota Museum of Art, and this national exhibit from the Library of Congress will only be shown in four cities across the entire country.
He stated this week has been designated as Youth Appreciation Week and Homeless Awareness Week and there will be events to highlight both issues going on all week and congratulated organizers and volunteers.
He stated the Downtown Leadership Group and East Grand Forks received a special achievement award from the International Downtown Assn. for the Grand Cities Art Fest and the Association's highest award in marketing and communications was presented to Trai Dockter, former DLG executive director in the field of downtown revitalization.
Sayonara - and it is his pleasure to represent our city and the citizens of Grand Forks on the upcoming trip to our sister city, Awano, Japan.

ADOPT ORDINANCE NO. 4035, AMENDING ZONING
MAP TO INCLUDE WITHIN R-4 (MULTIPLE-FAMILY
HIGH DENSITY) DISTRICT, THE WEST 5 FT. OF LOT 12
AND ALL OF LOTS 14, 16 AND 18, BLOCK C, BUDGE &
ESHELMAN'S 2ND ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple-Family High Density) District, the west five (5) feet of Lot 12 and all of Lots 14, 16 and 18, Block C, Budge & Eshelman's 2nd Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 18, 2004 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 Michael Benson on behalf of Richard Novak and Raymond Gordon for final approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and to include within the R-4 (Multiple-Family High Density) District, the west five (5) feet of Lot 12, and all of Lots 14, 16 and 18, Block C, Budge and Eshelman's 2nd Addition, located at 1215 and 1217 6th Avenue North, with recommendation to grant final approval to the ordinance.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this recommendation be approved. Carried 7 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, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

AUTHORIZE ISSUANCE AND AWARD SALE OF
REFUNDING IMPROVEMENT BONDS, SERIES 2004A
AND WATER RESERVE REVENUE REFUNDING BONDS,
SERIES 2004B

The staff report from the finance and administrative services director relating to establish terms and direct the issuance of $2,365,000 Refunding Improvement Bonds, Series 2004A, with recommendation to adopt resolutions relating to $2,365,000 Refunding Improvement Bonds, Series 2004A; establishing terms and directing the issuance of bonds and providing for and appropriating special assessments for the support and maintenance of said funds and directing issuance and prescribing the terms and covenants thereof.

The staff report from the finance and administrative services director relating to issuance and award of sale of Water Reserve Revenue Refunding Bonds, Series 2004B, with recommendation to adopt resolution authorizing the issuance and awarding the sale of Water Reserve Revenue Refunding Bonds, Series 2004B.

Alan Erickson, Springsted Incorporated, reported they took bids this morning for both of those bond issues, the $2,365,000 Refunding Improvement Bonds, Series 2004A, for various public improvements throughout the city, received 4 bids and low bidder was Piper Jaffray & Co. at a low bid of 3.9477% and slightly less than what they had predicted; the $1,585,000 Water Reserve Revenue Refunding Bonds, Series 2004B, which is a refinancing of an issue that was originally issued in 1997, received 6 bids and low bid was Wells Fargo Brokerage Services, LLC at 3.4081% which is about 20 basis points lower than their prediction of about a month ago, with interest savings on a present value basis came in about $135,000 of savings on this issue; that both bids are good and would recommend that you accept the low bidder for both issues. He reported they went to Moody's and received reaffirmation of your rating Aa3 and both of these issues were insured by the purchaser, that Moody's had some nice things to say about the City in reaffirming the rating and that is something have worked hard to maintain over the years and the written report was included in packets by the city auditor. Council Member Gershman asked that the report be provided to the press, and the city auditor stated he would do that.

Council Member Christensen stated it was important that they recognize the city auditor and his staff, and really appreciates the mayor's service to this community as your group works very well with the city auditor. The city auditor stated he appreciated the mentioning of the staff in the finance department as he has outstanding staff that works hard and does a lot of the work.

ADOPT RESOLUTION SELLING, ESTABLISHING TERMS
AND DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT
WARRANTS ON THE FUNDS OF VARIOUS PROJECTS AND
PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENT
FOR THE SUPPORT AND MAINTENANCE OF SAID FUNDS

Council Member Brooks introduced the following resolution and moved its adoption: Document No. 8613 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT RESOLUTION DIRECTING THE ISSUANCE OF
$2,365,000 REFUNDING IMPROVEMENT BONDS, SERIES
2004A AND PRESCRIBING THE TERMS AND COVENANTS
THEREOF

Council Member Brooks then introduced the following resolution and moved its adoption: Document No. 8614 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was assigned by the Mayor and attested by the City Auditor.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
AWARDING SALE OF WATER RESERVE REVENUE RE-
FUNDING BONDS, SESRIES 2004B

The city auditor reported that six (6) sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest costs under the terms of each bid were found to be as follows: Document No. 8615 - Bids.

Council Member Brooks introduced the following resolution and moved its adoption, which was seconded by Council Member Hamerlik: Document No. 8616 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same; none, whereupon the resolution was declared duly passed and adopted.

INTRODUCE ORDINANCE AMENDING COMPREHENSIVE
PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, PERTAINING
TO GRAND FORKS-EAST GRAND FORKS 2025 TRANSPORTATION
PLAN UPDATE (BIKEWAY, PEDESTRIAN, TRANSIT AND STREET
AND HIGHWAY ELEMENTS)

The staff report from the Planning and Zoning Commission relating to the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization to amend the Grand Forks Comprehensive Plan to include the Grand Forks-East Grand Forks 2030 Transportation Plan Update, (2004 Alternative Transportation Modes Element) together with all maps, information, recommendations and data contained therein, with recommendation to give preliminary approval to the ordinance and set a public hearing for December 20, 2004.

Todd Feland, director of public works, reported that tonight was preliminary approval of the ordinance and next month will have final approval, that they are not specifying any specific route changes on the fixed route service but did talk about pre-concepts, looking at SuperTarget area and Columbia Mall, one around the hospital and one trying to extend routes, that those are concepts they want to bring forward in the plan but no specifics, and had discussed the H tripper and possibly moving that over to one of the providers to provide that service. He stated there was some confusion re. Dial-a-Ride and senior transportation system and what they are asking from the council and MPO Executive Board is their ability to study different ways to provide that senior rider system, and will come back with study and report and get concurrence from this body to proceed forward. He stated that the newspaper had reported that fares for senior riders were going to $3.00 and what they were actually discussing was an incremental step and to go from $1.00 to $2.00 on senior rider and would stop their gap of about $13,000 deficit they have in the 2005 budget, and as part of the planning would look at alternative ways of providing senior rider service and also may consider a fee increase but that would be determined in 2005, currently DAR is $3.00 per ride charge and currently the senior rider is a $1.00 per ride charge and are looking for the senior rider to go to $2.00. He stated the proposal as of January 1, 2005 is senior rider would go from $1.00 to $2.00.

Council Member Hamerlik asked if there is another increment after $1.00 to $2.00. Mr. Feland stated they also should look at the fare going to $3.00 in January 1, 2006 but just a concept they have until they get through the study to see how much it will cost to provide the service; and they would bring everything back to this body for final approval.

Council Member Glassheim questioned the draft of the public transit financial plan for 2005. Mr. Feland explained the revenues and expenditures, cash and deficits in each of the funds: public transit, senior bus, DAR.

It was noted that most of the money for the senior rider program is from state funds, also federal funds and fares; and won't loose any money by increasing riders; that federal money is based upon population.
It was moved by Council Member Brooks and seconded by Council Member Christensen to approve the recommendations in the staff report and for introduction of the ordinance.

Arnold Altendorf, 2215 1st Avenue North, stated he had several concerns, that this program is so vital to the seniors and that if the cost is going from $1.00 to $2.00 and then perhaps to $3.00 and if turn this program over to an independent would increase more and that seniors can't afford that and feels they should really take a strong look at this.

Council Member Brooks stated their intent and commitment is to the public transportation system is to keeping it over the long term and are doing what they have to do to keep that.

The city auditor stated to help clarify the costs associated with the DAR and that the 2005 numbers are slightly higher than the 2004, the total 2004 expense budget is $109,000, there is budgeted in salaries and benefits an amount of $92,000+ and that is for personnel assigned to the operation of the senior citizen bus, that there were comments made about other operational costs of the facility, etc., the only other cost budgeted in the senior citizen bus area are direct costs for gasoline, antifreeze and automotive parts for the vehicle in the senior citizen bus area plus the fleet and general liability insurance for that vehicle, and some tires and tubes associated with that service - that there aren't costs allocated in here for the facility, solely the service costs.

Council Member Christensen stated there is no council person that isn't committed to the service and to maintaining the quality of the service for the seniors as they know how vital a service it is and how they depend upon it. He stated there have been some cost increases and revenues coming in from the state and federal government appear to be flat - that all they are doing this evening is being asked to approve a plan to study what Mr. Feland stated - are going to try to find as many economies as possible to deliver as high a quality of service for those that need it. He stated we are trying to use the revenues we have to meet our direct operating costs, and are absorbing that cost, the depreciation, the maintenance on the bus barn, and to tell your riders this is a study project.

Council Member Kerian stated that the ordinance before council says that the following are not part of the comprehensive plan as we are asked to approve it - the fare structure for the transit, vehicle type for transit and the bus routes, and stated that there is no one here who does not see the value in a senior transit program; and that they are not voting on anything other than this ordinance which exempts those three areas but need to look for efficiencies.

Mr. Feland stated that everything they have discussed goes into a plan and they will bring that back for a final decision, once the council passes this in December he would bring the $1.00 increase in a staff report in January as part of a proposal. He stated they are informing the public of what they are going to study.

Council Member Kreun stated one of the things they want to clear up in this study is that going to enhance the senior rider program with the DAR program if they can incorporate the two systems into one, and will extend the service later into the evenings and on Saturdays to see if feasible and with DAR will run later - to reduce the two types of services to one and give better service in the long run. Mr. Altendorf stated most of the seniors use the program from 7:30 in the morning to 5:00 o'clock at night, Monday through Friday, and few seniors that need it earlier or later - but for the difference in cost they can't afford to use it.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
Council Member Brooks introduced 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 2025 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2002 Transit Element, 2003 Street and Highway Element)", which was presented, read and passed on its first reading.

AWARD 2004 SIDEWALK WARRANTS

The staff report from the finance department relating to matter of 2004 sidewalk warrants, with recommendation to award 2004 sidewalk warrants to Wells Fargo Brokerage Services, LLC/Public Finance Division ($101,000 for sidewalk improvement projects for 2004 with an interest rate of 3.96% with a 5-year maturity).

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 CLASS 4 ALCOHOLIC
BEVERAGE LICENSE BY CAPITAL ICE, LLP DBA
SUITE 49

The staff report from the finance department relating to the application for Class 4 (Food & Beverage Establishment) license by Capital Ice, LLP dba Suite 49, 2950 10th Avenue North (Randy Russell Brown and Andrew Thomas Olson), with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.

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

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

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

APPROVE APPLICATIONS FOR 3-YEAR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings at 1610 Lewis Blvd., 1604 Lewis Blvd., 1504 Oak Street and 123 Chestnut Street, with recommendation to grant exemptions of increased value for 3 years.

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

APPROVE FINAL CERTIFICATION OF INFRASTRUCTURE
CONNECTION FEES FOR PROJECT NO. 5145
The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 5145, paving North 69th Street from U.S. Highway 2 to 27th Avenue North, with recommendation to approve final certification of connection fees for Project 5145.

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

APPROVE BID SPECIFICATIONS FOR VEHICLE FOR FIRE
DEPARTMENT

The staff report from the fire department relating to bid specifications for heavy-duty tow truck, with recommendation to approve specifications and allow bidding.

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

APPROVE BID SPECIFICATIONS FOR EQUIPMENT FOR
FIRE DEPARTMENT

The staff report from the fire department relating to bid specifications for self-contained breathing apparatus (SCBA) fill station, with recommendation to approve the specifications and allow bidding.

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

APPROVE NAMING POLICY AND PROCEDURE FOR
GRANDS FORKS GREENWAY

The staff report from the greenway coordinator relating to Grand Forks Greenway naming policy and procedure, with recommendation to approve the Grand Forks Greenway naming policy and procedure subject to review by the city attorney.

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

INTRODUCE ORDINANCE RELATING TO CHAPTER XVIII,
ARTICLE 8, RELATING TO GROUND MONUMENT SIGNS

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 the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204, Rules and Definitions, Subsection (2), Definitions; Section 18-0301, Signs, Subsection (9), Paragraph (B); and Appendix F, all relating to ground monument signs, with recommendation for giving preliminary approval to the ordinance, and set a public hearing for December 20, 2004.

Council Member Gershman stated he wanted to make sure that the City does not end up having portable signs and if that is clear. Mr. Potter stated he had noted the request and will make that clarification and will consult with the city attorney to be sure they do it right. Council Member Kreun stated he sits on the sign committee and their intention is definitely that they are not moveable.

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

Council Member Christensen introduced an ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOT
2, BLOCK 1, CURRAN'S 3RD ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Crary Development, Inc. for preliminary approval of the replat of Lot 2, Block 1, Curran's 3rd Addition to the city of Grand Forks, North Dakota (located in the 4600 block of South Washington Street), with recommendation to give preliminary approval of 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 Brooks that this recommendation be approved. Carried 7 votes affirmative.

APPROVE AMENDMENT TO 2004 AFFORDABLE
IN-FILL HOUSING PROGRAM

The staff report from Urban Development relating to amendment to 2004 Affordable In-fill Housing Program, with recommendation to approve proposal and authorize staff to convey surplus lot at 309 North 7th Street to Wally Rogers (must be approved by vote of a five-member minimum).

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

APPROVE PROPOSED SETTLEMENT OF LABOR
DEPARTMENT MEDIATION

The staff report from the assistant city attorney relating to the matter of administrative action, proposed settlement of Labor Department mediation, with recommendation to approve settlement of pending and threatened North Dakota Department of Labor and EEOC complaints brought by city employee.

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

TABLE MATTER OF CREATING SPECIAL ASSESSMENT
DISTRICT FOR PROJECT NO. 5702

The staff report from the engineering department relating to creating special assessment district for Project No. 5702, paving 40th Avenue South (South 20th street to Reummele Road), with recommendation to create special assessment district for Project No. 5702, District No. 607, which had been postponed on November 1 until this evening.

It was moved by Council Members Christensen and Gershman to table this matter. Carried 7 votes affirmative.

TABLE MATTER OF CREATING SPECIAL ASSESSMENT
DISTRICT FOR PROJECT NO. 5703

The staff report from the engineering department relating to creating special assessment district for Project No. 5703, paving 47th Avenue South (South Washington Street to Cherry Street), with recommendation to create special assessment district for Project No. 5703, District No. 608, which had been postponed on November 1 until this evening.

It was moved by Council Members Christensen and Gershman to table this matter. Carried 7 votes affirmative.

TABLE MATTER OF CREATING SPECIAL ASSESSMENT
DISTRICT FOR PROJECT NO. 5672

The staff report from the engineering department relating to creating special assessment district for Project No. 5672, paving 55th Avenue South (Belmont Road to Cherry Street), with recommendation to create special assessment district for Project No. 5762, District No. 606, which had been postponed on November 1 until this evening.

It was moved by Council Members Christensen and Gershman to table this matter. Carried 7 votes affirmative.

APPROVE BILL LISTING

Vendor payment listing 04-22, dated November 12, 2004 and totaling $963,908.19, was presented and read.

It was moved by Council Member Kerian 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, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES NOVEMBER 1, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, November 1, 2004 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Christensen that the minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Glassheim stated he had received clipping from Albuquerque, NM newspaper travel section, that somebody back at a Central High School reunion this year wrote a wonderful article about Grand Forks with photographs, the downtown, Engelstad Arena and Alerus Center, very positive article about Grand Forks. Mayor Brown asked him to share that.

2) Council Member Kerian mentioned there is presentation re Clearing the Air on Second Hand Smoke, this Thursday at 7:00 to 9:00 p.m. and invited everybody.

3) Council Member Kreun stated they had a meeting tonight on the rezoning in University area and probably will have to postpone one week as several people out of town and will be meeting on the 29th rather than the 22nd. He stated they probably will be asking for a week or two extension down the road as request getting quite involved and detailed. He also thanked our veterans and our existing troops around the world, we appreciate what they do for us.

4) Council Member Gershman stated that on Friday night he had the opportunity to stand in for the mayor for the dinner sponsored by the Chamber, about 400 people there, and received an e-mail from someone who was upset that this was held on Veterans Day, and that every speech turned out to be a tribute to the veterans, and was nice affair.

5) Council Member Hamerlik stated that the matter of the committee that Council Members Kreun and Kerian are serving on re. rezoning in University area and that the motion was that the report was to be back in by the 24th of November so that could get it in the packets for the weekend, and it would seem that they need an extension and asked Mr. Swanson how they would extend it, procedurally. Mr. Swanson stated his recollection is that the timeline was placed in the motion and it would be suggested that this body pass second motion amending to whatever date you wish to have that report finalized and if council wished to act upon it tonight would be within their prerogative to do so. Council Member Hamerlik moved that we extend the report for 30 days. Council Member Gershman seconded the motion. Carried 7 votes affirmative.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_________________________________
Michael R. Brown, Mayor