Council Minutes

17573
May 21, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 21, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 21, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; absent: Council Member Bakken, Martinson - 2.

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 introduced the winners of the 4th Grade “Grandparents” essay contest in the Grand Forks area, that on May 9 he attended the readings of their essays and that the role of government is to recognize our young citizens when they accomplish something very important. He asked the students who were present to come forward, state their name and school, and presented them with a Grand Forks City pencil to encourage them to keep writing because he was very impressed with what he heard at that ceremony, and recognized winners from the following elementary schools: Ben Franklin, Carl Ben Eielson, Century, Holy Family, Kelly, Lake Agassiz, Lewis & Clark, Phoenix, St. Mary’s, St. Michael’s, Nathan F. Twining, Viking, West, Wilder and Winship Schools.

Mayor Brown presented invitation to the dedication of the Alexander Griggs commemorative statue and presentation of the 2001 Griggs award at 4:00 p.m., Wednesday, May 23, 2001, at the Grand Forks County Court House, southeast lawn.

TABLE SECOND READING OF ORDINANCE AMENDING
CHAPTER XVIII OF THE GRAND FORKS CITY CODE OF
1987, AS AMENDED,

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, 1999 Bikeway and Pedestrian Elements; 2001 Transit Element, and 2000 Street and Highway Element”, which had been introduced and passed on its first reading on May 7, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing 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.

The following individuals appeared and spoke relative to the ordinance to amend the Transit Element of the Transportation Plan incorporating a study of route/point deviation for Grand Forks/East Grand Forks.

The following individuals protested changes in routes:

Bobbie Vogel, 2500 14th Avenue South
Paula Lee, 2507 Clover Drive, member of Planning & Zoning Commission, but here as a private citizen,

COUNCIL MEMBER LUNAK REPORTED PRESENT

John Adams, Jr., 1800 Continental Drive, #204
Petra Clemens, 106 North 3rd Street, #501
Clyde Varnson, Nodak Radio Cab Company, 1905 12th Avenue North
Rod Ringbloom, 602 High Plains Court
Dennis Toom, 611 Plain Hills Drive
Lorie Lynn Hanson, 629 7th Avenue South
Helen, 615 1st Avenue South
Frank Kemosky, 2400 South 17th Street
Tim Messenger, 2208 4th Avenue North
An employee of Altru Health Systems, and driver of Rehab. buses
Jack Cummins, 813 Lewis Blvd.
Gary Spicier, 1423 South 15th Street, dispatcher for Nodak Cab Co.

Mayor Brown closed the public hearing.

There were questions raised as to how much savings would be, decrease number of buses, do away with dial-a-ride and areas of town where service eliminated.

Council Member Gershman stated he understood that each route had a 30-minute headway; Mr. Brooks stated there are all 30-minute headways on a 60-minute run with 2 buses on it becomes a 30-minute headway - bus will be by every half hour. Council Member Gershman expressed concern where cutting out some areas, and if motivation for this is a combination of getting 30-minute headways but also to save money on the dial-a-ride; or if this was an attempt to increase ridership and to save money. That many people have said they were happy with the current schedule/routes, that it’s predictable and don’t mind waiting the one hour if have better coverage of the city. Mr. Brooks stated that to do 30-minutes and to cover the city have to eliminate areas, can’t have both ways, either go back to 60-minutes and have good coverage of the whole city or go to 30-minute and unless offer more buses, then have to reduce the area of coverage. He stated they received complaints in 1997 or 1999 which was the last time they updated this and the proposed route shows an adopted route structure by the MPO, and that is what’s adopted by the MPO, 30-minute headways, and there were problems with that route structure because of timing schedule, and that the 30-minute headways was not new to this study, it was in the adopted plan, and it’s a complaint they’ve heard for a long time that they want the 30-minute headways. He stated that with the power point graph showing ridership for the fixed route system - from 1977 to 2000 hit a peak ridership in the mid-80’s of almost 450,000 riders and as of last year was 220,000, and there are problems with the fixed routes, that they are trying to get more people on the fixed route, next question is whether dial-a-ride was broken, and graph shows steady climbing cost since 1994. - that each ride on dial-a-ride is an additional cost to the city and each ride on a fixed route is a reduction in cost. because they do have fare box recovery. He stated they were trying to get cost under control.

Council Member Lunak questioned what savings would be with this program. Mr. Brooks stated that with the fixed route it’s a wash, and expect a reduction in ridership at the beginning and if were looking to include any new areas into the fixed route structure, the current fixed route structure would have to change - now can’t add SuperTarget into the system without adding another bus or more service. He stated with subsidies losing $3.00/ride; and with proposed changes don’t have handle on costs until actually into it, saying they can save $60,000 as rough estimate going to point deviation all the time throughout the whole system and are conservative estimates.

Council Member Klave stated he understands the system needs some changes so it can remain viable, but that since approved in Planning and Zoning, he has received numerous calls from southend of the city, that with changes there are zero services out there, and thinks it has to be looked at because they’ve taken a segment of the city and deleted them from this system.

Mr. Brooks stated they are not forcing anyone to go to this system but that this is an option to get on the fixed route system, and as benefit the individuals won’t be paying the $2.50 for dial-a-ride, in many cases disabled pay $0.40 on fixed route and on round trip saving over $4.00 - City subsidizes $6.63 for dial-a-ride - He stated there are 5 fixed route buses running in Grand Forks and 5 under this option; 2 buses in East Grand Forks. Mr. Brooks stated there are two deviation options: staff is recommending point deviation and that as soon as that bus leaves the route it will pick up an individual and come back to the route at the same spot that it left; that they try to run the routes so that they are not forcing the drivers to speed; there could be adjustments that have to come back later on.

Mr. Brooks explained point deviation, that anytime the bus leaves the route it will return to that same spot to pick up the fixed route again; under route deviation would have specific points along the route (every 4 blocks) where the bus would be guaranteed to be at a specific time, and if needed to deviate, it would deviate from the last dot on the route (last timed stop) and meet the route back up again at the next fixed route time.

Council Member Brooks asked if East Grand Forks had taken action; Mr. Brooks stated East Grand Forks city council gave final approval last Thursday and that recommendation goes to the MPO.

Council Member Brooks stated that after listening to the citizens’ comments and concerns about changes in routes and areas that aren’t covered, perhaps should table and look at that; we have a system that is high service which continues to expand, those that ride it want to maintain what we have, that have brought in the senior citizens service, the staff has let us know that they want it to stay the way it is - that we hear from other citizens who have a real concern about the cost, talking about 6 mills which is about a half a million dollars that goes towards dial-a-ride and the bus - and council needs to find a solution.

Council Member Bjerke stated that this is not an elimination of the dial-a-ride, the concern for seniors that we have a separate senior bus system; for concern of the handicapped or challenged not able to use this, and that’s why we have dial a ride, and that we need to stick to the issue of the routes. He asked if the MPO has the final decision on what happens; and if the council chooses to go against the MPO plan, would that have an impact on our federal funding potentially. Mr. Brooks stated it would go into the long range transportation plan which is a part of the MPO plan; and potentially could have an impact on federal funding. Council Member Bjerke stated that the MPO chose to pick point over route deviation, and asked for explanation of logic behind that. Mr. Brooks stated to go to route deviation we would have to eliminate the policy of stopping at any point along the fixed route, that didn’t seem to be something that we wanted to try, if we’re still having problems doing point deviation, can perhaps look at that policy and at route deviation in the future. Council Member Bjerke stated that the deviation system will only be done on Saturdays, and Saturday ridership is less than half of a normal day and that this would be the day to do it because could find out if had problems without affecting the majority of the people who ride the bus. Mr. Brooks stated that they would be publishing a schedule and that there will be set times where they will be at specific points.

Council Member Hamerlik asked what the step process is and who has final authority. Mr. Brooks stated that under the MPO process any time they make an amendment to the long range plan, they go through both Grand Forks and East Grand Forks through a preliminary and a final approval process; that before the city council hears this, it has gone through two planning commissions in East Grand Forks and two in Grand Forks, two East Grand Forks city council meetings and two Grand Forks council meetings, and in addition to that work through the Public Transportation Committee and went through them for preliminary and final and also an MPO technical advisory committee for preliminary and final as well. He stated they have had final approval with East Grand Forks city council and once they receive a final recommendation from this body, they will go to the MPO Executive Board which has final say as to what goes into the long range transportation plan. He noted it will also go to the MPO Executive Board even if this body does not approve the plan, and they make the final decision.

COUNCIL MEMBER LUNAK EXCUSED

Council Member Christensen stated he is concerned that the final decision as to the bus routes is the MPO; Mr. Brooks stated that the long range transportation plan is a part of the MPO Plan. Council Member Christensen stated that the routes and the money we spend, we will establish the routes, not the MPO; Mr. Brooks stated he can verify that but to his knowledge that it is the MPO. Council Member Christensen stated we should get a clarification of that, because it is his understanding that the MPO has long range transportation plans, budgeting and funding takes place, but we maintain our autonomy as a governmental body as far as routes we’re choosing to have, the buses we buy, etc. and that the council should know that. Mr. Brooks stated that in the past the MPO hasn’t with the transit plans they’ve come up with there hasn’t been adopted route structure different than what running today, and the reason that’s been delayed in terms of getting that implemented was due to some changes that were occurring with city bus but those federal funds were potentially in jeopardy if the Grand Forks City Bus decided not to do anything with the adopted plan. Council Member Christensen stated it’s important that this group and the citizens know who is in charge of route deviation, point deviation, setting routes and fares, structure and decision stops here, doesn’t think it’s a non-elected appointed body called the MPO, and should get that clarified. He stated that in the interest of saving money, you are cutting out areas in his ward, and asked if the proposed bus route was only for Saturdays or all the time. Mr. Brooks stated it was for all times. Council Member Christensen stated if more business like in delivery of governmental services, we have to be consistent and not sure being consistent in type of service we deliver for those who rely on the bus; that we have to start thinking of saving money; and if we’re concerned that dial-a-ride is moving up and ridership is down, and questioned why people riding dial-a-ride - if it’s more convenient, and questioned how many buses we could buy if moved towards buying smaller buses - and suggested tabling this for a month and something that council at committee of the whole could have a presentation or meeting later in the week with interested parties and get facts and figures and analyze what MPO has given us - re. consistency and reliability and yet recognize that if we’re going to deliver a service for those persons in our society who may be underprivileged, disadvantaged, need special help, etc. and if we’ve made that commitment then have to be sensitive of their needs.

Council Member Stevens asked if the deviations proposed do not work, whether we can amend that. Mr. Brooks stated that they would have to go back through the MPO process to amend that route structure, and that the first recommendation they are making is to go to the route structure, the second is to try deviation on Saturdays, and if it doesn’t work, don’t do it. He stated that the plan as written in the study, first go to the proposed route structure and try deviation on Saturdays, if deviation does not work, then go back and just run these routes on Saturdays - 30-minute headway with no deviation. He stated if deviations works on Saturdays, then saying to expand it and go to a non-peak situation and if doesn’t work at the non-peak situation fall back to Saturday where it worked.

Council Member Burke stated one of the areas that would lose service under this plan is his neighborhood in Riverside and asked if could find out ridership and times, that can’t serve every person with the bus service and have to deal with that. Mayor Brown stated he would like to see the 1984 and 1992 routes when most successful.

Council Member Gershman questioned using existing system with deviation. Mr. Brooks stated it would be difficult to coordinate transfers because only two transfer points, and if started deviating it would be 60-minutes in between and difficult to make a connection with the current system. Mr. Brooks stated they would have a schedule with an hour headway, and will have timed points along the route to let people know where the bus will be - in between points is where the deviation would be made.

Council Member Gershman moved to table the public hearing and the ordinance for four weeks (to June 18, 2001), Council Member Christensen seconded the motion. Carried 10 votes affirmative; Council Member Bjerke voted against the motion.

Council Member Christensen suggested that Mr. Foster should develop a cost benefit analysis as to how they think this will work, that they only anticipate 34% of dial-a-ride users using this on Saturdays, and when reading through material, it seems that for council to make some business decisions and approve the proposed plan. He stated to cut the cost of delivering service is to go with smaller buses; and suggested having a committee of the whole meeting committed to financial information.

Mayor Brown stated the motion has been tabled, and to present comments at the end of the meeting.

ADOPT ORDINANCE NO. 3887, AMENDING TEXT OF
LAND DEVELOPMENT CODE RELATING TO MULTI-
TENANT BUILDING, UNIFIED SHOPPING CENTER AND
GROUND MONUMENT SIGN(S)

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 had been introduced and passed on its first reading on March 5, 2001, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing; there were no comments and the hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.

COUNCIL MEMBER GERSHMAN EXCUSED

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3888, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
THE PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT
OF VERN’S ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lots 5 and 8, Block 1, Vern’s Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 16, 2001, 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 recommendation from the Planning and Zoning Commission relating to the matter of the request from CPS, Ltd. on behalf of Vern Gornowicz for final approval of a Replat of Lot 5, Block 1, Vern’s Addition, Grand Forks, ND (located in the 1600 block of North 73rd Street Circle), with recommendation to approve final plat subject to technical changes and final approval of an ordinance amending Street and Highway Plan.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Christensen, Klave, Kerian, Kreun - 10; voting “nay”: none. Mayor Brown declared the ordinance adopted.

COUNCIL MEMBER GERSHMAN REPORTED BACK

TABLE PUBLIC HEARING AND SECOND READING OF
ORDINANCE AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE, CHAPTER XVIII, RELATING TO
WIRELESS COMMUNICATION FACILITIES UNTIL
JUNE 4, 2001

An ordinance entitled “An ordinance amending specific sections of Chapter XVIII of the Grand Forks City Code and enacting a new section relating to wireless communication antennas and towers”, which had been introduced and passed on its first reading on March 5, 2001, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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 recommendation from the Planning & Zoning Commission relating to the request for final 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 Section 18-0204(2) Definitions related to wireless communication facilities, amending Section 18-0206 A-1 (Limited Development) District, amending Section 18-0208 R-1 (Single Family Residence) District, amending Section 18-0209 R-2 (One and Two Family Residence) District, Section 18-0210 R-3 (Multiple Family Residence, Medium Density) District, Section 18-0211 R-4 (Multiple Family Residence, High Density) District, Section 18-0212 R-5 (Mobile Home Residence) District, Section 18-0213 R-M (Manufactured Home Residence) District, Section 18-0214 B-1 (Limited Business) District, Section 18-0215 B-2 (Shopping Center) District, Section 18-0216 B-3 (General Business) District, Section 18-0217 B-4 (Central Business) District, Section 18-0218 I-1 (Light Industrial) District, Section 18-0221 U-D (University) District, Section 18-0303 Height, Section 18-0310.1 relating to wireless communication towers and antennas, with recommendation for final approval of the wireless communications towers and antennas ordinance.

It was moved by Council Member Christensen and seconded by Council Member Hamerlik to table second reading of the ordinance until June 4, 2001. Carried 11 votes affirmative.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3889, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
BIRKHOLZ 7TH 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 Birkholz 7th Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 23, 2001, 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 recommendation from the Planning and Zoning Commission relating to the matter of an amendment to the city council staff report for the city council meeting dated February 20, 2001, to include the following recommendation from the Planning and Zoning Commission as it relates to final approval of a plat of Birkholz’s 7th Addition to the city of Grand Forks, ND to include final approval of the ordinance amending the Street and Highway Plan. (This plat will supercede a previously approved plat of the same name approved by the city council on June 7, 1999 and was reconsidered and approved by the Planning and Zoning Commission on March 1, 2000; with recommendation to amend the Planning and Zoning Commission’s recommendation to include final approval of an ordinance amending the Street and Highway Plan, city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Birkholz’s 7th Addition, and give final approval to the ordinance.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3890, RELATING TO
COMMUNITY SERVICE OFFICERS
An ordinance entitled “An ordinance amending Sections of Chapter V, Chapter VIII, and Chapter XI of the Grand Forks City Code relating to Community Service Officers”, which had been introduced and passed on its first reading on May 7, 2001, was presented and read for consideration on second reading and final passage.

The staff recommendation from the police department relating to second reading clauses to the Grand Forks City Code regarding duties, responsibilities and authority of community service officers, amendments to Chapters V, VIII and XI, with recommendation for approval of proposed amendments to the City Code.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.

HOLD PUBLIC HEARING ON PROPOSED AMENDMENT
TO 1999 CDBG ANNUAL ACTION PLAN FOR ASPEN
CREEK PARK/RICHARDS WEST PARK DEVELOPMENT
PROPOSAL, AND AUTHORIZE FUNDS

The city auditor reported that the public hearing on the proposed amendment to the 1999 CDBG Annual Action Plan for Aspen Creek Park/Richards West Park development had been published as required inviting the public to comment on a proposed amendment, that the City is proposing to allocate up to $136,000 of deobligated existing funds, additional program income and/or unobligated funds to the Jaycees Aspen Creek Park, a permanent approved park development project, and Richard’s West Park, a newly created park enhancement project. He further noted that no written comments had been submitted to the Office of Urban Development.

Mayor Brown opened the public hearing.

Pat Berger, president, United Way, stated that she knew there was a recommendation to take what is referred to as unexpended funds and use them in park area, and would like the council to consider the possibility of using some of those funds for additional dollars on public service programs; that there are a great many needs in the community while parks and especially in the Richards West are important, would also like the council to look at using some of those additional dollars, between $80, 000 and $90,000, that might be available in unexpended funds. She stated they went through a lengthy process when they reviewed the agencies that were requesting dollars, that these are for low and moderate income, projects that benefit the poorest in our community; that when they went through the process they identified the most immediate needs, categorized them and funded as best they could with the dollars available. She stated that what she would recommend if there were additional dollars made available is to go back to those programs that they weren’t able to fund in the entirety. United Way would not take any additional administrative funds and to run these programs would be part of what they are already doing and would hope the council would look at that suggestion as they review how to spend those additional $80,000+ dollars.

Mayor Brown closed the public hearing.

Council Member Burke stated that it’s been the practice of this council before many of them were here to allocate the bulk of the allowable 15% of the CDBG Entitlement & Program Dollars for public service projects, the allocation for 2001 is based on the CDBG Entitlement Funds for 2001 and the Program Dollars from 2000, but that we took in far more in CDBG program income last year than budgeted for public service, and that’s where the $87,000 comes from that’s included in the Memo that Mr. Scheving prepared for them. He suggested in the spirit of the council’s desire in the past to allocate the bulk of the 15% allowable for public service, that we take the additional funds which would bring us up to the actual 15% and award that in a secondary tier so that the United Way could make that secondary round of public service project grants; that he didn’t think it would impact on the funds for the parks, and if it did, were talking about the $26,000 and the other $110,000 come from a different source and if needed the $26,000 would reduce that $87,000 by the $26,000.

Council Member Christensen called for a point of order, not sure this is germane to the issue before us. Mr. Swanson stated that he didn’t think he could rule that it was not germane, that the council is discussing amendments to the 1999 CDBG Annual Action Plan, although specifically raised with regard to Aspen Creek Park, you are in fact discussing or debating whether you will fund that project or not, and if the Mayor wants to rule it not germane, that would be his prerogative. Mayor Brown stated to proceed.

There was some discussion relataive to funds; Council Member Burke stated if the council were to make the decision to provide additional public service funds, where would they get the money. Mr. Scheving stated if they would like to do the $87,000 of public service as well as do the full park scenario, would have to look for additional program income of this year. He stated the program income that has been budgeted, the $538,000 gets us to the first round, that the CDBG allocation was in two rounds, first priority and second priority, look at other projects to see where can cut or slow moving projects.

Mr. Swanson stated what they have before you is a proposal to amend the 1999 CDBG Annual Action Plan for these two particular parks, although discussion about whether you will fund these two projects out of these dollars or not fund them, seem to be germane but do not have the ability to do tonight is to reject these parks and reallocate the funds to some other use without going back through publishing your notice. He thinks its germane but would not be able to accomplish that if that were your goal this evening. He stated they have no staff recommendation and no motion from the Committee of the Whole,
and would need a substantive motion to approve or reject before you can call the question.

Council Member Christensen moved to approve the amendment to the 1999 CDBG Annual Action Plan for the Aspen Creek Park and Richards West Park development proposal, and to award an additional $136,000 in CDBG funds to both the new park enhancement and existing park development projects, the new funding is derived from deobligation of $90,000 out of GFHA acquisition project, $20,000 out of the Downtown Recovery Project, and an additional 2001 program income and/or unobligated funds.

Council Member Christensen and Council Member Kerian moved to call for the question. Upon roll call the following voted “aye”: Council Members Bjerke, Stevens, Gershman, Christensen, Klave, Kerian, Kreun, Brooks - 8; voting “nay”: Council Members Hamerlik, Burke, Glassheim - 3. Mayor Brown declared the motion carried.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Bjerke, Stevens, Gershman, Christensen, Klave, Kerian, Kreun, Brooks - 8; voting “nay”: Council Members Hamerlik, Burke, Glassheim - 3. Mayor Brown declared the motion carried.

Council Member Hamerlik asked whether City-owned land, Aspen Creek Park, donated or sold to the Park District, that transfer of the land hadn’t been discussed with the Park District nor have they requested that of the City, and if that is still the status of the land. Mr. Hanson stated that as of now the land has not transferred, Jaycees Aspen Creek Park is still in the name of the City of Grand Forks, Richards West Park is still in the name of the Grand Forks Park District; that in discussions with John Staley, the Grand Forks Park District it is his initial inclination not to transfer the land between the entities, to keep the ownership as it is but still pursuing that with respective councils - the intent would be that the transfer of Aspen Creek Park would not take place but would enter into a long term lease with the Park District to operate that facility as a park.

APPROVE BUDGET AMENDMENT FOR REMODELING
OF CENTRAL FIRE STATION, APPROVE SPECIFICATIONS
AND AUTHORIZE CALL FOR BIDS

The staff recommendation from the Fire Department relating to the $23,000 budget amendment for Central Fire Station remodeling, approval of bid specifications and permission to advertise, with recommendation to approve 2001 budget amendment for $23,000 and transfer monies from Fire Department cash carryover to Maintenance of Building, approve bid specifications and authorize call for bids.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE BUDGET AMENDMENT FOR ALERUS CENTER

The staff recommendation from the Engineering Department relating to the matter of Alerus Center budget amendment, with recommendation to approve budget amendment to move Builders Risk Insurance settlement amount of $47,756.82 from Revenue account to Expense account so contractor can be paid for work.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEERING SERVICES AGREEMENT
FOR PROJECT NO. 5143, REPAIR WASTEWATER
STABILIZATION POND BANKS

The staff recommendation from the Engineering Department relating to engineering service agreement on City Project No. 5143, Repair Wastewater Stabilization Pond Banks, with recommendation to approve agreement with Webster, Foster and Weston for engineering services in the amount of $31,161.00.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE ENGINEERING SERVICES AGREEMENT
FOR PROJECT NO. 5222, ROOT REMOVAL AND
ANALYSIS OF SEWERS IN BACK YARD EASEMENTS

The staff recommendation from the Engineering Department relating to engineering service agreement on City Project No. 5222, root removal and analysis of sewers in back yard easements, with recommendation to approve agreement with Webster, Foster and Weston for engineering services in the amount of $51,000.00.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT NO. 1 TO THE AGREEMENT
WITH NODAK ELECTRIC COOPERATIVE TO RELOCATE
POWER LINES

The staff recommendation from the Engineering Department relating to Nodak Electric Cooperative power line relocation for English Coulee Diversion, Amendment No. 1, with recommendation to approve Amendment No. 1 to the agreement with Nodak Electric Cooperative to relocate their power lines as needed for the English Coulee Diversion project.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved in the amount of $19,150.00 for Amendment No. 1. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AGREEMENT WITH GRAND FORKS TRAILL
WATER DISTRICT TO RELOCATE RURAL WATER LINES
AS NEEDED FOR ENGLISH COULEE DIVERSION
PROJECT, PENDING REVIEW OF R/W INFORMATION

The staff recommendation from the Engineering Department relating to Grand Forks Traill Water District, Rural Water Line Relocation for English Coulee Diversion, with recommendation to approve an agreement with Grand Forks Traill Water District to relocate their rural water lines as needed for the English Coulee Diversion project, pending the review of right of way information.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, at an estimated total cost of $81,328.73. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE RELOCATION OF TELEPHONE FACILITIES
FOR ENGLISH COULEE DIVERSION

The staff recommendation from the Engineering Department relating to Qwest Communications, relocation of telephone facilities for English Coulee Diversion, with recommendation to approve an agreement with Qwest Communications to relocate their telephone facilities as needed for the English Coulee Diversion project, pending the review of right of way information.
It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, est. cost $60,814.88. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE POWER LINE RELOCATION FOR ENGLISH
COULEE DIVERSION, XCEL ENERGY

The staff recommendation from Engineering Department relating to Xcel Energy, power line relocation for English Coulee Diversion, with recommendation to approve an agreement with Xcel Energy to relocate their 230 KV electrical transmission line as needed for the English Coulee Diversion project, pending the review of right of way information.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, est. cost of relocations $87,200. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

RECEIVE AND FILE ANNUAL REPORT FROM GRAND
FORKS HISTORIC PRESERVATION COMMISSION

The staff recommendation from the coordinator of Historic Preservation Commission, relating to the Grand Forks Historic Preservation Commission Annual Report, with recommendation to receive and file.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved to receive and filed. Carried 11 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF RIVER’S
EDGE RESUBDIVISION, LOTS 1, 2 AND 3, BLOCK 3

The staff recommendation from the Planning and Zoning Commission relating to matter of the request from CPS, Ltd. on behalf of River’s Edge LLP for final approval (fast track) of a replat of Lots 1, 2 and 3, Block 3, River’s Edge Resubdivision, with recommendation for final approval subject to conditions shown on or attached to the review copy.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ACCEPT BID FOR COMBINATION SEWER CLEANER

The staff recommendation from the Director of Public Works relating to matter of approval of combination sewer cleaner bid, with recommendation for approval of the ABM Equipment bid of $189,900.00 as the lowest and best bid for a combination sewer cleaner.

It was moved by Council Member Stevens and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.
ACCEPT BIDS FOR OIL PRODUCTS AT CENTRAL
GARAGE

The staff recommendation from the Director of Public Works relating to the matter of oil product bids at Central Garage, with recommendation for approval of the Orchard Oil bid as follows: #30 - Ser. 1-$3.93/gal; 15/40 - $3.94/gal; 30 wt.-Ser.3-$3.93/gal; 10/30-Ser 1-$4.14/gal; 10 wt.-Ser3-$3.93/gal; Transmission fluid-$3.88/gal; Antifreeze-$3.55/gal; 80W-90 Gear Lube-$0.848/#; Grease 120lb-$0.983/#; Grease 375 lb.-$0.892/#; HDZ-46-$3.51/gal.