Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 2, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 2, 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, Lunak (teleconference), Christensen, Kerian, Bakken, Kreun - 12; absent: Council Member Martinson - 1.

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

FLOOD UPDATE

Al Grasser, city engineer, reviewed the monthly flood protection project update:
Corps of Engineers technical work update: an initial technical review of Phase II of the levee and floodwall design on May 23 with Stanley Consultants, Corps of Engineers and City staff; the first submittal for the draft technical review will be due in August; that Phase I of the levee project has been awarded, to Nodak Contracting, on June 28 at cost of $13.3 million. He stated that the pedestrian bridge is at final cleanup and should be done in the next two weeks; on Riverside Dam Pioneer Construction is expected to resume work this month, they have been waiting for the water levels to drop to a point where they can finish placing the last of riprap; English Coulee Diversion project bid has been delayed several times and now bid opening has been delayed until further notice, hoping for bid opening sometime in August, to address property owner concerns as part of the land acquisition process for the project. He noted that Gowan Construction is in process of removing foundations and demolitions and will be on-going thing in the southend as homes are available and removed and Corps will demolish foundations and do backfilling. He stated they’ve done the formal review for the English Coulee pump station (June 26) and are on line to have that bid in 2003 with exception that they are still working on property acquisition , appraisals have been received and offers made on the two parcels east of Columbia Road. A pre-bid conference was held on June 14 for new raw water intakes, bid opening July 11, and are receiving information re. floodwall aesthetics and alternatives for the Phase II project, anticipating a public meeting on July 17 to invite everybody to come and look at what’s been developed so far.

City Staff/Consultant Updates: Construction is underway on Lift Stations 1 and 5, about 75% complete; English Coulee project have number of utility companies doing relocates in anticipation of excavation project; United Crane and Excavating relocating water and sanitary sewer lines in Lincoln Drive area, will start in Olson/Elmwood areas soon and hope to complete work in July. Removal of streets and utilities in Riverside and Lincoln areas with Gowan Contracting, work essentially complete

Project Financing: He stated they have some news on federal appropriations, Congressman Pomeroy has been successful in getting $30 million for the Phase II construction, ear-marked in the House, Energy & Water Appropriations bill and is up from the $25 million in the President’s budget.

Acquisitions: He stated there is a listing of specific properties that are on all different phases, still a critical link is being able to get the appraisals done and acquisition through in a timely manner.
Southend Update: A meeting was held in the council chambers for the residents in the Burke, East Lake Estates and Shadyridge areas on June 14, a review of the Barr Phase II study regarding alternative alignments; that study showed that the various alignments that were under review could be technically feasible though still waiting for official response from regulatory agencies. The City has requested the residents in the area work together with the County to determine which alternative alignment they would like the City to pursue, if any - there are about 8 or 10 alignments out there and would like to register those down to the one preferred so can evaluate and make recommendations. Staff is researching and providing some estimates for residents in the areas re. expected costs of utilities, flood insurance impacts, taxes, etc. and are requesting a decision from the residents and the County by the end of July.
Upcoming meetings: Floodwall aesthetics meeting is tentatively scheduled for July 17 in City Hall council chambers.

Greenway: Melanie Parvey-Biby stated that the staff is continuing to gather information on a possible Nature Center in Grand Forks, there will not be a public meeting July 12 as previously scheduled, although an opportunity for public input later in the process. Flood-cleanup for 2001 - still gathering information on how much it cost to clean up certain areas in the greenway and totals will be coming later this month or early next month. Greenway cleanup Phase I and II - have delayed Phase II although feel it’s beneficial to add a portion of that section of greenway cleanup to Phase I which will be bringing a change order to next committee of the whole meeting. Phase II levee design - working with the Park District on preliminary plans for the Lincoln golf course area and on Lions Club event (Christmas in the Park) working on an agreement to hold that event in the former Lincoln Drive neighborhood.

Mayor Brown reported that an item in the Grand Forks Herald on June 27, stated that City firms get project recognition, and congratulated engineering staff - The American Public Works Association named the Grand Forks Water Distribution System improvements project as the 2001 public works project of the year in the category of disaster or emergency construction/repairs, more than $10 million. Another kudo goes to the engineering department for the English Coulee Bikepath - the North Dakota Reddymix and Concrete Products Assn. named the English Coulee bikepath as best award under bikepaths and trails category.

ADOPT ORDINANCE NO. 3894, AMENDING TEXT
OF LAND DEVELOPMENT CODE, CHAPTER XIX,
UNIFORM BUILDING CODE CHANGING PERMIT FEES

An ordinance entitled “An ordinance amending specific sections of Chapter XIX of the Grand Forks City Code”, which had been introduced and passed on its first reading on June 18, 2001, was presented and read for consideration on second reading and final passage.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter; there were none and the public hearing was closed.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Bakken, Kreun - 11; and the following voted “nay”: Council Member Bjerke - 1. Mayor Brown declared the ordinance adopted.

TABLE BUDGET

Council Member Hamerlik moved that we submit the Mayor’s budget for our temporary budget for consideration in the future. Council Member Christensen seconded the motion.

Council Member Hamerlik moved that we table this item until the July 11, 2001 meeting. Council Member Burke seconded the motion.

Mr. Swanson, city attorney, stated that a motion to table is not debatable except through length of tabling. Carried 12 votes affirmative.

REQUEST FOR LOCAL SUPPORT LETTER FOR STATE LOW
INCOME HOUSING TAX CREDIT PROJECT FROM METRO-
PLAINS DEVELOPMENT, LLC WITHDRAWN

The report from the Urban Development Committee relating to local support letter for State Low Income Housing Tax Credit Project from MetroPlains Development LLC (Section 42 of the Tax Reform Act of 1986), with recommendation to approve issuance of local support letter for MetroPlains.

Terry Hanson, Urban Development, reported that he received word today from Gary Stenson, MetroPlains Development, that this item should be pulled and not be considered tonight, applicant withdrew his application.

Council Member Gershman questioned whether MetroPlains Development was going to go forward with their plan without the City’s approval, or drop it and sell the land. Mr. Hanson reported his understanding was that Mr. Stenson was not going to submit the application for Low Income Housing Tax Credits for that property and not going to do this project at that location. Council Member Gershman asked if they could get that confirmation in writing; Mr. Hanson stated he would ask for letter to that effect.

Council Member Kerian stated people at this meeting understand that this does not end the possibility for them and their intention is to continue to work on another solution for this, that this takes away the immediate pressure for them but that they don’t see this as a final solution.

Council Member Kreun stated that this is just the first step in the process and that the zoning still has to be changed if you are going to be objectionable to any multi-family units being built in that area.

Jerry Youngberg, 3514 10th Avenue North, realtor involved with the sale of this property, stated that there has been the beginning of a neighborhood group and the Church has accepted an agreement from that neighborhood group that will in essence hold that property as it is for a period of time, that still doesn’t solve the zoning problems but takes the issue off the immediate table and deal with other problems as they develop, that the Church was very pleased with the arrangement that was made.

Ron Fischer, 2297 South 38th Street, gave a brief history on the zoning of the property and the Cornerstone Baptist Church; that the property was part of an original PUD that was approved by the City in 1977 that the actual development started in 1980’s and most of the development from 1994 onward and as the property developed the street configurations changed and what is shown on map as multi-family housing is actually part of their block with single family homes, but when the PUD was developed there was a border between what is now apartment units on 34th with buffers of either townhouses or low density multi-family units of no more than two stories; but through the late 1980’s into the 1990’s, that area changed in terms of the street configurations, etc. He stated that the City planning maps from 1995 through February of this year reflect the property as CH, and that he and his neighbors invested considerable amounts of money in building their homes and townhomes in that area relied on the fact that there was going to be a church there. He stated that within that area, not including the church property, there are 160 properties (140 are developed properties, either as single family homes or with townhomes) and have an appraised value by the assessor’s office of about $28 million and generate general real estate taxes of approximately $600,000/year and that’s what they are concerned about and that they do not need or want a high-density multifamily unit apartment complex located in the heart of a single family residential neighborhood - bad planning and violates the City Code provisions regarding orderly planning. The neighborhood submits that this property developed into high density, multi-family three-story 38 unit apartment complex is not appropriate for this piece of property; and appreciate the fact that the developer has withdrawn the proposal, and assures the council that the neighborhood will put together a proposal that the Church will find acceptable to address their circumstances that will also develop that property consistent with the existing neighborhood.

Joy Bostrom, 2304 South 36th Street, presented a petition urging the city council to not approve the issuance of a local support letter for the currently pending proposal by MetroPlains Development, that the petition has 178 signatures and that there are a number of concerned people here tonight who wish to indicate their opposition to the issuance of a letter of support (a number of people in the audience raised their hands to show their presence).

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 5256, DISTRICT NO. 88

The city engineer’s estimate of total cost of the construction of street improvements for 24th Avenue North in the amount of $22,015.88, was presented and read.

The staff recommendation from the Engineering Department re. plans and specifications for City Project No. 5256, District No. 88, street improvements for 24th Avenue North, with recommendation to approve plans and specifications for Project No. 5256, District No. 88.

It was moved by Council Member Kreun and seconded by Council Member Christensen that the staff recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 12 votes affirmative.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8079 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5262, DISTRICT NO. 581

The staff recommendation from the engineering department relating to special assessment district for City Project No. 5262, District No. 581, paving Mighty Acres Drive, with recommendation to approve engineer’s report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No, 5262, District No. 581.

It was moved by Council Member Kreun and seconded by Council Member Christensen that we declare intent to sell bonds to finance these improvements. Carried 12 votes affirmative.this recommendation be and is hereby approved,

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8080 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5262, DISTRICT NO. 581

The city auditor presented and read the engineer’s report on Paving Project No. 5262, District No. 581: Document No. 8081 - Report.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5262, DISTRICT NO. 581

Council Member Kreun introduced the following resolution of necessity, which was presented and read: Document No. 8082 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE HOUSE FROM 1515 10TH AVENUE NORTH TO
1315 7TH AVENUE NORTH, SUBJECT TO APPROVAL OF
PLAN FOR ADDITION TO THE BUILDING

The staff recommendation from the Inspections Department relating to moving permit application to move the home from 1515 10th Avenue North to 1315 7th Avenue North, with recommendation to approve the moving permit to move a home from 1515 10th Avenue North to 1315 7th Avenue North.

Council Member Gershman questioned status of the proposal, whether neighborhood aware it is on the agenda tonight and whether size of the house is compatible to their neighborhood. Bev Collings, Building and Zoning Administrator, stated there would be a new addition to the building making main floor 720 sq.ft. and basement 720 sq.ft., average size approx. 1100 sq.ft.

Donna Stumph, 4815 6th Avenue North, president of Habitat for Humanity, read statement that there were concerns about the size of the home and they were asked to come back with an alternate plan, that she approached EAPC who worked on their proposal for this, that she hand-delivered memos to residents of the neighborhood, last week she received a call from Barbara Brown regarding the new plan Habitat had submitted to the residents of the neighborhood and was quite pleased with the alternate plan and had discussed this with her neighbors, and have had no negative complaints, and that their original concern was not with Habitat for Humanity or the house but with the size of the house, concerned that a small house would negatively affect her property values. She stated that the house size will be 1440 sq.ft. and have a family for this home, single parent family with two small children.

Ms. Stumph made a personal statement to the council on behalf of low income families in this town. She stated that over the past few years she has listened to negative and derogatory comments from the public against low income housing, of providing homes for low income people; there have been members of the council who have made derogatory remarks publicly; that it concerns her that the council and City do not have more compassion for those who are less fortunate than we are - this week we have 100 people that are unemployed (from Westward Ho, Empire Arts Theatre and civic auditorium) and we have to be compassionate and have to help these people. Habitat for Humanity struggles to provide housing, home ownership for these people, they do not pay interest on the loan and do not pay full price for the home but pay the same property tax rate that anybody else does and that feeds our economy too, and requested that all of you remember you are the government of the people, not just well-to-do people but low income people too and they need your help and for you to stand up for them and fight for them more than any other group.

It was moved by Council Member Gershman and seconded by Council Member Stevens that the application for moving permit be approved subject to the proposed addition to the building;. Carried 12 votes affirmative.

COUNCIL MEMBER KLAVE REPORTED PRESENT

TABLE PROPOSED WAGE AGREEMENT FOR 2002 AND 2003

The Wage Negotiation Committee (Council Members Glassheim, Bjerke and Kerian) relating to proposed wage agreement for 2002 and 2003 with recommendation to approve the proposed wage agreement as submitted: 1% on 9-01-2001; 1.5% on 01-01-2002 plus $25.00 per month across the board and $15.00 per month to the Post Employment Health plan; and Consumer Price Index (CPI) for Midwest, non-metropolitan under 50,000 people as of 12-31-01 for 01-01-2003 (cost to be determined).

Council Member Gershman stated he was not in favor of having the second year of the agreement tied to the CPI or having two years negotiations.

Council Member Glassheim stated that this is the recommendation of the Wage Negotiation Committee, that the proposal has been submitted to and ratified by the employees by about 75% to 25% of the vote, and urged the council to accept the proposal tonight, what was negotiated here was a package and understands some council people not happy about the second year. He stated last year’s Consumer Price Index was about 3.8% and that the committee used that to guide them, that the first year’s settlement is about 3.4%, and is under what the employees were aiming for and one of the reasons they were able to negotiate that is that the second year as a package accepted the CPI and that took off the table the uncertainty of the future for both parties and said that we would follow it. He stated that through April the CPI for January through April this year which will go into making up the CPI for next year was 3.4%, and they were fairly assured they would not have a run-away inflation over the next 8 months, have already got 4 months in the books which make up next year's CPI. He stated one of the positive things of having the second year is that the entire council will be in an upheaval, will be an important election year, the council will be reorganizing itself, and gives breathing room next year to all parties, and thinks it’s a fair settlement from both sides and urged support of the proposal.

Council Member Burke stated that when this package was negotiated only half the information was on the table and that was the information provided by the employees and their concerns about cost of living, etc. but hadn’t seen the Mayor’s proposed budget or all of our revenue projections and what the implications of that might be for the budget. He stated there are people on the council who have concerns re. the second year and about the size of the package for this year, and because this is part of the overall budget, moved that we table this matter and deal with it as part of the budget package, and voted on not later than October 1 of this year. Council Member Lunak seconded the motion.

Upon roll call the following voted “aye”: Council Members Gershman, Lunak, Christensen, Kreun, Hamerlik, Burke - 6; voting “nay”: Council Members Glassheim, Klave, Kerian, Bakken, Brooks, Bjerke, Stevens - 7. Mayor Brown declared the motion failed.

Council Member Hamerlik asked with the 1% to go into effect on September 1, 2001, how that would fit into our current budget year and how worked out as far as budgetary process. The city auditor reported that in discussing with the Wage Negotiation Team, that 95% of our payroll is expended each year and this would come out of that carryover amount in payroll for 2001.

Council Member Christensen stated that if this were approved tonight we would be approving a major portion of the budget without any debate or discussion on what went into the budget allocation in the general, enterprise and other funds, and that he doesn’t believe that this council has the power to bind a future council; and moved that we only pass the Budget Committee’s recommendation for the 2002 and not pass the second half for 2003 as this council doesn’t have the power to bind another council. Council Member Burke seconded the motion.

Mr. Swanson reported that he had not specifically researched that issue as it applies here, but has some concerns, in light of the Civil Service Code which does require annual conference/meeting or discussions and doesn’t have to be in the form of negotiations but it is the establishment of the pay plan, and even if you could approve it, it is still subject to an annual action by the future council; tends to think they cannot bind the future council.

Mr. Swanson stated that the specifics of Section 6-0401 speaks about an annual meeting of representatives, employees and representatives of department heads and also members of the city council to establish minimum/maximum pay raise. It also states that the pay plan is to be approved in conjunction with the City’s annual budget or at such other times it is necessary or convenient - it would be preferable if that section allowed you expressed authority to adopt the wage negotiation package for additional years but the concern he has is with the turnover of your council body and has not had a chance to research that, that issue was not addressed to his office.

After considerable discussion Council Member Christensen moved to table this matter for two weeks. Council Member Burke seconded the motion. Carried 12 votes affirmative, Council Member Glassheim voted against the motion.

Council Member Glassheim moved to approve the wage negotiations as recommended by the Wage Negotiation Committee. Mr. Swanson advised that motion would be out of order insofar as at least half of that has been tabled. Mayor Brown stated the motion died for lack of a second.

Mr. Swanson stated that unless they have a separate motion you have nothing further that you need to do with the agenda item.

Mayor Brown asked members of the committee if they would negotiate again with the employees; Council Members Glassheim and Kerian agreed; Council Member Bjerke stated he did not want to continue on the committee. Council Member Kerian asked if they were being given a directive that says that they will negotiate for one year and not bind the second year; Council Member Glassheim stated that was his understanding also. Mayor Brown agreed.

Mr. Swanson stated that he would like time to do research on the issue on the binding of future councils, but as far as renegotiating that’s within discretion of this body, have not taken any action on the proposal at this point.

Council Member Burke moved resolution of the council directing the negotiating team to negotiate a one-year stand alone agreement for the 2002 year and a separate agreement for 2003 and that the council would then act on those motions separately. Council Member Lunak seconded the motion. Upon voice vote the motion failed.

Mayor Brown stated he would appoint a negotiating committee.

ADOPT FORMING OF TASK FORCE ON POPULATION
DECLINE

The staff recommendation from the interim administrative coordinator relating to task force on population decline in Grand Forks with recommendation to discuss and make recommendations regarding the creation of a task force on population decline in Grand Forks.

Council Member Gershman stated his concern is that we have the Knight Foundation in Grand Forks right now that is doing an extensive study and lots of research on some of the issues that the task force would be addressing, not against forming a task force but would like to see some coordination and moved that we form a task force that would work very closely with the Knight Foundation so as not to duplicate the efforts of over 50 people. The motion died for lack of a second.

It was moved by Council Member Glassheim that we adopt the recommendation for a task force as outlined in information on increasing the population, with special emphasis on ages 20-34. Council Member Brooks seconded the motion.

Council Member Christensen stated that we have an august body and group looking into this issue, the Mayor appoints the task force and questioned when they are going to report back, to whom and where would get money to staff the people that would be doing the research that the committee would be suggesting be done, that the Knight Foundation has $1 million that they are going to spend and the Mayor has been part of these meetings as well as other members of the council and others and will allocate $200-250,000/year to study this to raise the quality of living in this community and the wages; and suggested waiting until the Knight Foundation issues a report and if we have to have an adjunct to that report, create a committee or task force to implement the report. He stated he is in favor of the initiative but can’t support something that doesn’t appear to have any substantive purpose or create any tangible results for this community.

Council Member Glassheim stated there is a question as to what the task force is going to do - that they will not be doing extensive economic research, the research the committee would be doing is into people’s attitudes and into the best thinking of the community, people can come and have ideas as to what they can do, increase wages or attract young people; there will be a report with 2 - 5 items recommended and recommendations will be directed to people who can take action on them, if they involve expenditure of City money they will come to the city council, and if involve recommendation for the Chamber of Commerce to do something, recommendation will go to them for action. He stated it will cost some money, but not new cash money, cost staff time and be somewhere between 5 and 8 meetings, probably 2 hours and minutes taken; and staff from Planning and from Urban Development will attend; and think we have gotten interest from young people; and asked for the council’s support.

Council Member Gershman stated there’ve been some statements made tonight about the impact on young people, that the votes that some of council people have taken against the greenway and special events, against the arts, are exactly what young people want on every survey that you have seen; they love the greenway, special events and the arts and if want to send a message to the young people vote for the things that they want. He stated that the possible task force membership (representatives from the council, County Commission, Park District, UND, School District, new Knight board, vastlane, economic development Corporation, labor, Chamber of Commerce and other interested groups) and that every one of those organizations are on the Knight committee, and if go ahead and take those people and same organizations and put them on the committee, will duplicate the work. We do not have enough capital and don’t have enough human capital in this city and that’s why we have to marshal our resources and that’s why Mr. Christensen presented the CVB working along with the Events Center Commission to try to marshal our sources. Mayor Brown stated he agreed with Council Member Gershman.

Council Member Bakken stated that the basic reason that our UND graduates leave is money - jobs offered at higher rate of pay; that there are some little things that may keep some but basically young people leave because they are paid better other places.

Council Member Gershman stated that the Knight Foundations’ time line is between 3 to 5 years, with periodic reports, and one of the things they want to do - that we need for organizations, businesses and non-profits to have stronger boards, the organizations need to know how to pick board members and those board members have to know how to be board members - that takes education, time to implement it, that’s great development for entrepreneurs, this problem has been going on for several years; that this is not something new.

Council Members Hamerlik and Bakken called for the question. Upon voice vote the motion carried 12 votes affirmative; Council Member Gershman voted against the motion.

Upon voice vote the motion carried 8 votes to 5; voting against the motion were Council Members Bjerke, Gershman, Christensen, Kerian, Lunak.

APPROVE BUDGET AMENDMENT AND GRANT
AGREEMENT WITH TRI-VALLEY OPPORTUNITY COUNCIL

The staff recommendation from the Health Department re. budget amendment ($16,000, 6/08/01, new 2001 revenue) and grant agreement with Tri-Valley Opportunity Council for Child Care Resource and Referral Services, with recommendation to approve budget amendment of $16,000 (new 2001 revenue) and approve grant agreement to support an on-going Child Care Resource and Referral program.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Bjerke voted against the motion

APPROVE CHANGE ORDER, PROJECT NO. 5053,
METRO TRANSIT CENTER

The staff recommendation from the Public Works Department relative to consideration of Change Order No. 1, Project No. 5053, Metro Transit Center, electrical contract, with recommendation to approve Change Order No. 1 to City Project No. 5053, Metro Transit Center, electrical contract in the amount of 46,000.00 with Bergstrom Electric, Inc.

Council Member Lunak questioned the change order on the project. Mr. Feland, director of public works, reported that the specifications called for transformer under the electrical contract, but since that time Xcel Energy has made a corporate policy of not providing transformers and because of that did not include that in the bid price, that the electrical contractor looked at another way to get electrical power to the site, hooking it up to the Corporate Center rather than a transformer.

It was moved by Council Member Kreun and seconded by Council Member Klave that the staff recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

COUNCIL MEMBER GERSHMAN EXCUSED

APPROVE AMENDMENT OF THE JOINT PARATRANSIT
PLAN

The staff recommendation from the Public Transportation Department relating to amendment of the Joint Paratransit Plan for the city of Grand Forks, with recommendation for approval to amend the Joint Paratransit Plan for the city of Grand Forks.

Council Member Brooks asked if the trolley is ADA approved or can all wheelchairs access the vehicle. Mr. Feland stated it is not a low floor bus but is totally ADA compliant.

Council Member Bakken stated that it covers all wheelchairs that meet ADA requirements but there are motorized units that are being sold that don’t meet the standard requirements (larger, bigger and heavier). Mr. Feland stated that this amendment has or will go through MPO, and that the council approved purchasing a trolley contingent upon the long range transportation plan being amended, and if the amendment is approved, that they would proceed with bringing a trolley to the city.

Council Member Kreun stated that the amendment is not just to cover the trolley, but changes the paratransit plan and makes it available for us to buy many different sized units so that we are not restricted to certain size but can be more flexible in the purchasing of all of our units.

It was moved by Council Member Kreun and seconded by Council Member Kerian to approve the amendment to the Joint Paratransit Plan for the city of Grand Forks. Carried 12 votes affirmative.

COUNCIL MEMBER GERSMAN REPORTED BACK

APPROVE CURLING TOUR EVENT PLAN SPONSORED
BY CHAMBER OF COMMERCE

The staff recommendation from the Office of Urban Development relating to the Chamber of Commerce curling tour event plan, with recommendation for approval of event plan.

It was moved by Council Member Hamerlik and seconded by Council Member Klave to approve the recommendation for approval of the event plan. Carried 13 votes affirmative.

APPROVE GAMING SITE AUTHORIZATION FOR
GREATER GRAND FORKS CONVENTION & VISITORS
BUREAU AT 3615 GATEWAY DRIVE

The staff recommendation from the finance and administrative services director relating to gaming site authorizations for Greater Grand Forks Convention & Visitors Bureau, with recommendation to approve the sites at Fire Island Grill, 3615 Gateway Drive, and Westward Ho, 3450 Gateway Drive, subject to review by the city attorney.

The city auditor reported that a change should be made to the recommendation because of the closing of the Westward Ho.

It was moved by Council Member Hamerlik to approve the site authorization at the Fire Island Grill, 3615 Gateway Drive, and if they secure another site at a later date that comes back to us. Council Member Gershman seconded the motion.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Members Brooks and Bjerke voted against the motion.

APPROVE CLASS 3 (BEER AND WINE) LICENSE FOR
GIOVANNI’S OF GRAND FORKS, 1113 SOUTH
WASHINGTON STREET

The staff recommendation from the finance and administrative services director relating to application for Class 3 (Off and/or On Sale Beer & Wine) license for Clauson Enterprises, Inc. dba Giovanni’s of Grand Forks, 1113 South Washington Street, with recommendation to approve the issuance of license subject to the sign off by appropriate departments.

It was moved by Council Member Lunak and seconded by Council Member Gershman that the applications for a Class 3 (Off and/or On Sale Beer & Wine) license and Class 12 (Sunday Alcoholic Beverage) license be approved subject to sign off by appropriate departments. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE WAIVER OF TRANSIENT MERCHANT LICENSES
FOR SUMMERTHING FOR KIDS ON JULY 14 AND 15, 2001

The staff recommendation from the finance and administrative services director relating to request by the Park District for waiver of transient merchants licenses during Summerthing for Kids, with recommendation to approve the exemption for merchants taking part in Summerthing for Kids July 14-15, 2001.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that the recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE RENAISSANCE ZONE PROJECT GF-2 AND
DIRECT STAFF TO SUBMIT APPLICATION TO DIVISION
OF COMMUNITY SERVICES

The staff recommendation from the planning department relating to the request for approval of Grand Forks Renaissance Zone Project GF-2, with recommendation to grant approval to Grand Forks Renaissance Zone Project GF-2 and direct staff to submit the project application to the Division of Community Services for its action.

Council Member Kerian questioned if competition an issue in competing with other businesses for the grants. Dennis Potter, city planner, stated it’s not been an issue that’s been raised and would be unique in our community.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that the recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE MINUTES JUNE 18, 2001

Typewritten copies of the minutes of the city council meeting held on Monday, June 18, 2001 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kerian to approve the minutes as presented. Carried 13 votes affirmative.

APPROVE BILLS AND ESTIMATES

Vendor Payment Listing No. 01-13, dated July 2, 2001 and totaling $1,040,842.01 and estimate summaries totaling $2,750,932.70 (Flood Estimate Summary, $522,549.42 and Regular Estimate Summary, $2,228,383.28) were presented and read.

It was moved by Council Member Lunak and seconded by Council Member Bakken 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, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.
MAYOR AND COUNCIL COMMENTS

1) Council Member Gershman stated that with the unfortunate closing of the Westward Ho there are a number of events (weddings) that were planned there that are having difficulty in finding a location even at the Alerus Center and requested that Mr. Jeske along with Mr. Duquette look for solution, and if we want to consider and if it is possible to open the civic center for those that absolutely have no where to go for those events so the City could accommodate them. Mr. Duquette asked if he would be able to get some calls on that tomorrow. Council Member Bjerke stated that if the civic auditorium were to be opened he would like to have that on the agenda so that he could vote on it.

2) Council Member Glassheim stated he was not at the meeting when the city council voted to discontinue the city inspections of houses, that he cannot make a motion to reconsider because he was not here but asked one of the members who voted on the prevailing side to make a motion to reconsider, which if it passed would simply put it back on the agenda for discussion at next meeting. He stated his reasons were that there was no discussion of the topic and that there was no preparation that this motion would be made to do away with the service, the item on the agenda was raising the fees and then a motion to eliminate this service completely; and disagreed with the motion - that it seems like 100 people per year on average for long time for getting a service they wanted and many of whom would not have their homes inspected if the City did not do it at a modest price, that the City has a stake in having houses inspected, thinks it’s a good thing for the city and a health and safety issue and service issue.