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Council Minutes

17851
November 5, 2001

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 5, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 5, 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, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: Council Member Lunak - 1.

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

Mayor Brown congratulated Detective Mike Iwan, police department, who was recently honored by the Exchange Club as their officer of the year.

Mayor Brown congratulated Urban Development, along with its partners in the Youth Employment Training Program, which was named by the ARC of North Dakota with a state-wide employer of the year award. Much of the time and effort of the Youth Employment Training Program participants was spent this year on clean-up after the August windstorm, but they are also responsible for annual flower plantings, beautification of the downtown area and its many parks and riverbanks.

Mayor Brown thanked the Grand Forks residents for their patience today with the City Hall’s new phone system, had difficulty receiving incoming calls, all calls went to the engineering department and thanked the employees who had some additional time spent today answering and forwarding those phone calls; that the problems have been worked out and should be back to normal tomorrow. He stated as a community we need to congratulate ourselves on avoiding hysteria during these tense times.

FLOOD REPORT

Al Grasser, city engineer, briefly reviewed the flood report update:
Corps of Engineers Technical Work update: plans are proceeding on Phase II of the design for the flood protection project, they are incorporating comments received during the draft technical review. Phase I, Levee Projecet: Nodak Contracting is completing construction of the foundation’s wet well on 8th Avenue and have started excavating the hole for another pumping station on 13th Avenue and Almonte. They are in the process of demolishing and backfilling the Almonte Nursing Home property, final cleanup stages there and the contractor has also started the levee construction through some of the Olson and Elmwood reach, that work stopped with the blizzard but the contractor is now continuing to haul dirt but shifted their focus to the Lincoln neighborhood. Future progress on the dike construction is going to depend on weather.
Pioneer Construction has substantially completed the Riverside Dam project and will return next spring to do the seeding.
Bidding of the English Coulee Diversion project has been delayed because of property acquisition, but are planning to bid that yet this month and things should come together with discussions with property owners, and will be bid as one project with an option for the RR bridges and the southerly extent of the project. Plans for the English Coulee pump station are essentially complete, but advertisement has been delayed because of property acquisition issues but will bid mid-winter or spring, funding permitting.
Construction Engineers has done the pile construction on raw water intake, caisson work should be starting later on this month.
City staff and consultant updates: Gowan Construction has completed most of the interim levee work in the Olson/Elmwood Drive and are finishing some work on the Grassy Hills/Loamy Hills area, about 4 houses that need to be moved out in that reach, not sure if we would get that work done this winter.
Project Financing: Conference Committee between the House and Senate has come out supporting $31 million funding for fiscal year 2002. English Coulee pump station and Phase II of the levees may be delayed until the fall of 2002 or until 2003 funds become available; and have had some discussions about the possibility of the City doing some advance funding to help fill that financing gap between the 02 and 03 funding - East Grand Forks and Grand Forks are both looking at that and the Corps is also in favor of possibly filling that interim period with some City funding.
Local Funding: The city council has certified the special assessments for first go-around of specials and on tonight’s council agenda we are going to be setting the sale date for $13 million of bonds that does go to the flood protection project, and are working with the Corps of Engineers to update our total project and local city costs and that will be coming before council in the next 3 or 4 weeks.
Acquisitions and timing: the acquisitions are part of the critical path in getting those taken care of in time for the bids, that according to our accelerated schedule they plan to have all the properties acquired in 2002.
Phase II: there is a potential alignment change in the Northridge Hills area that could cause that area to be delayed until August, that may not delay the bid but segregate that as a separate option and have the contractor hold off on starting in that particular reach, and is on tonight’s agenda.
Historical Properties: we have a mitigation agreement on 14 properties, and as of this date 3 houses have been relocated, 2 demolished and 2 additional houses will be demolished in December, and the remaining houses will be addressed during next construction season.
Interim flood protection plans: most of the dirt has been installed but have those 4 houses left in the Grassy Hills area.
Communications/Upcoming Meetings: they will continue to do the monthly flood updates and the monthly newsletter; the staff is working on a communication document which will funnel the calls that may come in during the construction phase to a couple staff members so can more readily handle those and that will involve the Info Center and City staff and will inform council of that process at a later date.

Melanie Parvy-Biby, interim greenway coordinator, reported that the Greenway Coordination Group which consists of staff of various city departments as well as the Park District, is working on marketing and signing temporary cross country ski trails this winter; permanent location will be considered through the non-paved trail planning process which is being done by the MPO, work commissioned by the MPO and work done by the University of North Dakota; that within the next few months will see public meetings where the community can be involved for the greenway trail system.
The Greenway Alliance Group met several weeks ago and discussed restructuring the alliance and forming two different committees, these groups would be a technical committee and an action committee; that the technical committee would continue to work through the communication and interagency collaboration that was done in the past, these groups will consist of the ND Game & Fish, MN DNR as well as the staff that managed the greenway (cities of Grand Forks, East Grand Forks, Park District and DNR) and will be working through different issues such as the non-paved trail planning process as well as interpretative sites, nature center, visitor center in East Grand Forks, resource management, etc. They have asked the mayors as well as political leaders, Corps officials, and flood protection project managers to be an action committee in which information would be brought to them once it has been through the technical committee.
Upcoming Events: Veterans Day race this coming weekend, which is hosted by the GOALS group as well as the Grand Forks Park District and Air Force Base Family Support Center, this is an event that will honor veterans and have the honorary race director, Chief Master Sergeant David O’Connell and he will be here for the event to start the race. The GOALS Group is also working with the Park District to plan events in February for the Greenway Ski Day.
Upcoming Meetings: The Lincoln Drive Neighborhood Committee will meet this Thursday at the Park District, this is a group of citizens that have come together to put together remembrance ideas of the former Lincoln Drive neighborhood and hoping to place a plaque of some sort within the future park and the park is the recreational component of the flood protection project.

TABLE SECOND READING OF CLASSIFIED/NON-
CLASSIFIED CIVIL SERVICE ORDINANCE AMENDMENTS
TO NEXT COMMITTEE OF THE WHOLE MEETING

An ordinance entitled “An ordinance amending sections of the Grand Forks City Code relating to the Civil Service Code”, which had been introduced and passed on its first reading on October 15, 2001, was presented and read for consideration on second reading.

Howard Swanson, city attorney, reported he had presented the revised draft of the ordinance and had incorporated all of the changes that were made on the floor at the prior council meeting, and also made several minor changes that were necessitated in part by the language change where they were deleting the phrase “classified service” and going to “classified positions”, and that his memo of November 1 outlines the changes that were made. The two items they may wish to consider whether changes appropriate or necessary have to do with sections 6-0405, pro-ration of benefits, presently the way it was drafted and been presented through the first reading has a 20-hour threshold, although there were no amendments, it was his understanding that they were going to go to a proration without a threshold and would leave to council for their discussion and action; the other item he wanted to point out because of the changes that have been made to section 6-0524, and make aware of section 6-0523 related to limited employment. He stated their action tonight, should they choose to act, would be to incorporate what amendments have been made to the draft assuming they are acceptable and any other amendments they feel appropriate.

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

It was moved by Council Member Hamerlik and seconded by Council Member Christensen to incorporate the amendments to the ordinance as were presented.

Council Member Bjerke stated that on the 20-hour requirement if we would be hiring people to work less than 20 hours/week on a regular basis; Mr. Duquette stated we generally would not and the 20-hour requirement is acceptable.

Council Member Bjerke stated that section 6-0523 isn’t addressed in the new ordinance draft, and one of his concerns is temporary appointments - that this section talks about seasonal work, filling in for regular employees on a leave of absence, etc. and that temporary employees should be made by the mayor when a person’s appointment is of a seasonal nature, thought it was goal of the council to get away from the temporary appointments and if have those paragraphs in still have a potential for temporary appointments, that they can be appointed for a year and Civil Service Commission is involved with some other things, and temporary appointments should be addressed. Mr. Swanson stated it could be considered tonight, that he pointed it out in his memo because he was concerned that there were significant changes to 6-0524 and based upon comments made by the council, seemed to implicate the provisions of 6-0523 on temporary appointments. He stated that at least based upon the amendments to 6-0524, there doesn’t appear to be any avenue for a department or mayor to accommodate long term absences and positions that are not filled that may arise out of health care issues, family medical leave act, educational leave and what you do in the interim because 6-0524, on what was emergency appointments before, has been narrowed to such a limited time frame and no reappointments. He stated if you were a staff member that chose to take the full family medical leave act, absence from work that you are required under federal law, the way the Code is drafted if you were to eliminate 6-0523, that department could not fill that position on an interim basis except with successive appointments of different individuals. Council Member Bjerke stated that the mayor could transfer people for 6 months or just hire someone on a contract basis for the leave of absence. Mr. Swanson stated that 6-0523, temporary appointments, and 6-0524, subsection 1) contemplate that they are non-classified employees, and the way the draft is now, the mayor has no authority to do that, he would have the authority to do a transfer, however, you would be filling one hole in one department from another department, and what we have done there is that we have created no ability for contingencies, that they have written it so tight that the council doesn’t have the authority to waive anything.

Mr. Duquette stated the only issue he wanted to stress is having the administrative capability to fill positions of people on family medical leave act, long term injuries, sickness and have employees being called up on the National Guard, and need to have that ability to fill those positions on a temporary basis utilizing 6-0523, and recognize their concerns about some of the historical basis for where going with 6-0524 and has no issues with that but there is a need for that flexibility for the administration.

Council Member Christensen stated that he didn’t see this item on the council agenda that this was going to be considered for second reading; that this is an issue that should be addressed and could delay it for another two weeks. He moved to table this matter to the next committee of the whole meeting, Council Member Gershman seconded the motion. Carried 13 votes affirmative.

CLOSE 30-DAY PUBLIC COMMENT PERIOD, HOLD
PUBLIC HEARING AND TAKE FINAL ACTION ON
AMENDMENT TO THE 2001 ANNUAL ACTION PLAN
RE. REQUEST FROM SHELTER FOR HOMELESS, INC.

The staff report from the Office of Urban Development relating to the request from Shelter for Homeless, Inc. (Northlands Rescue Mission) to transfer bricks and mortar grant to a public service project, with recommendation to 1) close 30-day public comment period, 2) hold a public hearing, and 3) take final action on proposed amendment to the 2001 Annual Action Plan (request from Shelter for Homeless, Inc. to transfer up to $13,000 from their 2001 CDBG bricks and mortar grant to a public service project to be used for operating).

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

It was moved by Council Member Martinson and seconded by Council Member Brooks to approve the recommendation and to take final action on the proposed amendment to the 2001 Annual Action Plan. Upon voice vote the motion carried 12 votes affirmative; Council Member Bjerke voted against the motion.

CLOSE 30-DAY PUBLIC COMMENT PERIOD, HOLD
PUBLIC HEARING AND TAKE FINAL ACTION ON AMEND-
MENT TO 2001 ANNUAL ACTION PLAN RE. REQUEST
FOR ADDITIONAL CDBG FUNDING TO CONTINENTAL
HOMES FOR NEIGHBORHOOD NETWORKS CENTER

The staff report from the Office of Urban Development relating to request from Continental Homes, Inc. learning center, with recommendation to 1) close 30-day public comment period, 2) hold public hearing, and 3) give final approval to amendment to 2001 Annual Action Plan ($35,000 in additional CDBG funding to Continental Homes for Neighborhood Networks Center).

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

It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the recommendation and to take final action on the proposed amendment to the 2001 Annual Action Plan. Upon voice vote the motion carried 10 votes affirmative; Council Members Bjerke, Stevens and Burke voted against the motion.

ADOPT RESOLUTION VACATING ALL OF 10TH AVENUE
SOUTH BETWEEN SOUTH 46TH AND SOUTH 48TH STREETS
AS SHOWN AND PLATTED ON THE ORIGINAL PLAT OF
INDUSTRIAL SUBDIVISION

The staff report from the Planning & Zoning Commission relating to the matter of the request from the Grand Forks Planning Department for approval to vacate all of 10th Avenue South between South 46th Street and South 48th Street, Industrial Subdivision, with recommendation for final approval of the vacation of all of 10th Avenue South between South 46th Street and South 48th Street as shown and platted on the original plat of Industrial Subdivision, Grand Forks, ND, recommend the city council approve the vacation.

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of 10th Avenue South between South 46th Street and South 48th Street as shown and platted on the original plat of Industrial Subdivision in the city of Grand Forks, ND in order to correct a resolution of vacation previously adopted by the city council on June 14, 1993, the required legal notice had been published calling for a public hearing to be held this evening and further that 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 and the public hearing was closed.

It was moved by Council Member Gershman and seconded by Council Member Kreun that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.

Council Member Gershman introduced the following resolution which was presented and read: Document No. 8118 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be and is hereby adopted. Carried 13 votes affirmative.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF
ANNEXATION OF SOUTHERLY 210 FEET OF LOT 1,
BLOCK 1, CONCRETE, INC. ADDITION BE FILED AND
ANNEXATION ACCOMPLISHED

The staff report from the Planning and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete, Inc. for approval of a resolution to annex the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition to the city of Grand Forks, ND, with recommendation for approval of the resolution to annex the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition to the city of Grand Forks, ND

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed September 17, 2001, annexing the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on September 22 and 29, 2001, and further reported that no written protests had been filed with the auditor’s 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.

It was moved by Council Member Kreun and seconded by Council Member Bakken that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation with appropriate map. Carried 13 votes affirmative.

ACCEPT GRANT FROM FEMA’S ASSISTANCE TO
FIREFIGHTERS GRANT PROGRAM FOR PERSONAL
PROTECTIVE EQUIPMENT AND APPROVE BUDGET
AMENDMENT

The staff report from the fire department relating to acceptance of the fire grant funds ($96,300) and related budget amendment ($25,000) for personal protective equipment, with recommendation to accept grant funds and approve budget amendment for $25,000 for personal protective equipment (station clothing).

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AWARD CONTRACT FOR PROJECT NO. 5222, CLEANING
AND TELEVISING EASEMENT SEWER LINES

The staff report from the engineering department relating to bids for City Project No. 5222, cleaning and televising easement sewer lines, with recommendation to award contract to low bidder, Associated Plumbing & Heating, in the amount of $36,324.93, and to reject the bid from Infrastech unopened as the bid did not meet the bidding requirements.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

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

The staff report from the engineering department relating to revision of the engineering services agreement on City Project Nos. 5222, root removal and analysis of sewers in back yard easements, with recommendation to approve revisions to the existing agreement with Webster, Foster and Weston for engineering services (to increase the hours for additional engineering work in the amount of $23,000 and decrease the subcontract work to $15,000 for the televising and root removal, resulting in a net decrease to the contract from $51,000 to $38,000.)

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE IN LEVEE ALIGNMENT ALONG
NORTHRIDGE HILLS

The staff report from the engineering department relating to the matter of levee alignment along Northridge Hills, with recommendation to approve the change in alignment in this area from a stabilized earthen levee to a levee/floodwall combination with the floodwall behind 227 (Mitchell) and 219 (City owned) Northridge Hills Court.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”:

APPROVE AGREEMENT WITH SHANNON & WILSON, INC.
FOR GEOTECHNICAL ENGINEERING SERVICES FOR
PROJECT NO. 4769, CONSTRUCTION PHASE

The staff report from the engineering department relating to the agreement for construction phase geotechnical engineering services for City Project No. 4769, Raw Water Intake and Transmission Lines, Part I, Intake Caisson, Gravity Transmission Pipelines and River Inlets, with recommendation for approval of Shannon & Wilson, Inc. agreement for geotechnical engineering services to be performed during the construction phase of the project.
It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 5 FOR PROJECT NOS.
4815 AND 4816.1, SANITARY SEWER AND WATER
SYSTEM MODIFICATIONS

The staff report from the engineering department relating to the matter of Change Order No. 5 for City Projects Nos. 4815 and 4816.1, with recommendation to approve Change Order No. 5 for Projects Nos. 4815 and 4816.1, Sanitary Sewer and Water System Modifications in the amount of $90,009.38.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CONTRACT FOR PROJECT NO. 4769, RAW
WATER INTAKE AND TRANSMISSION LINES, PART I,
INTAKE CAISSON, GRAVITY TRANSMISSION PIPELINES
AND RIVER INLETS, MATERIAL TESTING SERVICES

The staff report from the engineering department relating to the matter of award of contract for material testing services for City Project No. 4769, Raw Water Intake and Transmission Lines, Part I, Intake Caisson, Gravity Transmission Pipelines, and River Inlets, with recommendation of approval to award a contract with Interstate Testing Services, Inc. for material testing services to be performed during the construction phase of the project in the amount of $13,403.00.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

RECEIVE URBAN DEVELOPMENT QUARTERLY UPDATE

The staff report from the Urban Development Office relating to the Urban Development Quarterly Update for council’s information was presented.

AUTHORIZE SALE DATE FOR 2001 $13 MILLION SALES
TAX RESERVE REVENUE BONDS (DIKE IMPROVEMENTS)

The staff report from the finance and administrative services department relating to setting the sale date for 2001, $13,000,000 Sales Tax Reserve Revenue Bonds (Dike Improvements), with recommendation to approve setting the sale date for the 2001, $13 million Sales Tax Reserve Revenue Bonds (Dike Improvements) as November 19, 2001 at 10:30 a.m. with consideration for award by the city council at 7:00 p.m. that same day.

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE FIRST AMENDMENT TO DEFINED
CONTRIBUTION PLAN DOCUMENT

The staff report from the finance and administrative services department relating to the first amendment to Defined Contribution Plan Document, with recommendation to approve the First Amendment to the Defined Contribution Plan Document.

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ACCEPT BIDS FOR METAL RECYCLING

The staff report from the public works department relating to metal recycling bids, with recommendation to approve the bid of D & N Trucking at $8.25/ton for 750 tons or $6,187.500 for scrap metal and appliances and $4.50/ton for 250 tons or $1,125.00 for a grand total cost of $7,312.50 paid to the City.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

ACCEPT BIDS FOR SANITATION DEPARTMENT EQUIPMENT

The staff report from the public works department relating to Sanitation Department truck, hoist and compactor bids, with recommendation to approve bids of trucks, hoist and compactors as per the following bid tabulations: 1) heavy duty truck for roll off hoist, $66,879.00, W.W. Wallwork; 2) roll off hoist, $18,695.00, Sanitation Products; 3) heavy duty truck for front load compactor, $86,333.00, Peterbilt of Fargo; 4) front load compactor, $30,775.00, Olympic Sales; 5) heavy duty truck for rear load compactor, $65,137.00, Peterbilt of Fargo; and 6) rear load compactor, $35,400.00, Sanitation Products; for a total cost of $303,219.00.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE INCREASING LANDFILL TIPPING
FEE

The staff report from the public works department relating to landfill tipping fee increase ($20.74 to $23.25 per ton), with recommendation to approve landfill tipping fee of $23.25/per ton effective January 1, 2002 as per the FY 2002 budget.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

Council Member Bakken introduced an ordinance entitled “An ordinance amending Section 13-0502 of the Grand Forks City Code relating to fees for dumping”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE INCREASING WASTEWATER
UTILITY FEES

The staff report from the public works department relating to wastewater utility fee increases, with recommendation to approve wastewater utility fee increases effective January 2, 2002 as per the FY 2002 budget: to reflect a wastewater basic service charge of $12.72 per month versus the current rate of $11.84 per month; with an additional charge for flow over 5,000 gallons of $1.51 per month versus the current rate of $1.34 per month, increases of 7.4 and 12.5 percent, respectively; and to reflect an industrial surcharge rate for BOD of $0.1720 per pound versus the current rate of $0.1360 per pound and for solids of $0.0500 per pound versus the current rate of $0.0415 per pound.

It was moved by Council Member Bakken and seconded by Council Member Kerian 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, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

Council Member Brooks introduced an ordinance entitled “An ordinance amending Section 15-0304(2)(F) of the Grand Forks City Code, relating to wastewater rates”, which was presented, read and passed on its first reading.

ACCEPT FEMA’S ASSISTANCE TO FIREFIGHTERS
GRANT PROGRAM FOR FIRE PREVENTION PROGRAM,
AND BUDGET AMENDMENT

The staff report from the fire department relating to acceptance of fire grant funds ($97,200) and related budget amendment of $25,000 for Fire Prevention Program, with recommendation to accept grant funds and approve budget amendment for $25,000 for fire prevention (smoke detector program).

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

APPROVE 2003 TRANSPORTATION ENCHANCEMENT
REQUEST TO ND DEPARTMENT OF TRANSPORTATION

The staff report from the engineering department relating to the 2003 Transportation Enhancement request to ND Department of Transportation, with recommendation to authorize staff to request the MPO to submit a Transportation-Enhancement (TE) application for the Johnson’s Linear Park Bikepath.
Council Member Brooks questioned the local funding source as the Highway Users’ Fund; the city auditor reported there are budgeted items under Highway Users’ Funds and this is budgeted.
Council Member Burke questioned whether bikepaths that are co-located with sidewalks are eligible for the funding that this bikepath would apply for. Mr. Grasser stated that has been used on 17th Avenue South from 35th Street to the Red River High School and they removed an existing 5 ft. sidewalk and replaced it with a 10 ft. bikepath, and that the bikepath also serves as a sidewalk and numerous other examples of that where 8 and 10 ft. bikepaths that serve as the sidewalk, and eligible for the funding. Council Member Burke stated that since the bikepath immediately north of this location is either in the street because it goes right next to the western edge of the Ray Richard’s golf course and we’re proposing to put this bikepath in the middle of a block where there will be construction because all of that side of the block facing the Alerus is going to be commercially developed in the not too distant future, that we will be installing the sidewalk along there and would make sense to co-locate the bikepath and sidewalk there and have it be aligned with the bikepath to the north of it and be similar to the bikepath that it connects with on the south and east on 17th, and moved that as an amendment to the motion. It was noted there was no motion on the floor. It was moved by Council Member Burke and seconded by Council Member Gershman that we reject the plan recommended and direct staff to plan a bikepath co-located with the sidewalk that would eventually be developed along South 42nd Street.

Council Member Martinson stated that as the report states, the people on South 42nd Street and 11th Avenue South were promised this bikepath, and would not be well for council to go back on our word; that when the City makes a promise whether from this council or a prior seated council, we need to honor those promises.

Council Member Bakken stated there is another consideration, if put the sidewalk along 42nd and if there are businesses located in the area will have a lot of traffic and driveways in and out of the businesses and not best place for a bike path, and where it is gives a little buffer between the housing and the commercial areas and would be a better view riding through there, and where it is appropriate.

Council Member Christensen stated that we are only authorizing staff to make an application for funds and if receive funds, this will be brought back to the council to see if we approve the expenditure of the funds and if we would approve hiring a consultant spend monies for the engineering, but only approving the application at this time but not the location. He asked if the application were approved, if we have to build the bikepath as indicated or could they consider change. Mr. Grasser stated if the funds are approved by the State as an eligible project, a concept report and public input would be required and that looks at alternative routes - this is the route we are submitting but not sure fixed on it, this one has background but if public input and going through the development process says they would rather have a bikepath somewhere else, that is possible; the only issue might be that the funding that was estimated is based on this path and if go to a different route, the money may not match. Council Member Kreun stated there has been a public hearing on this in the original concept design because the earthen mound has been put in place, has been seeded by the Park District, trees have been transplanted in that area, and two-thirds already completed and this has no bearing on whether it’s going to change or not, been designed and approved by previous council and should go through as planned.

Council Member Glassheim moved to substitute the original staff report for the current motion.

Mr. Swanson stated their procedure rules do not allow direct substitution of motions, but allows you to amend by substituting provisions. It was noted that was what they intended to do. Council Member Hamerlik seconded the motion.

Council Member Burke stated that the promise referred to was the PUD and was approved before the
Alerus and 42nd was zoned for other types of development. Mr. Potter stated he did not recall what that area was zoned for at that particular time, but it is somewhat immaterial because the Planned Unit Development which is a very specific document clearly says there would be a bike path built in the site which is shown in the application and the commitment from the council was to build it in 1998, and if in fact, the council wants to change that, he would urge them to consider taking a specific action amending that PUD to remove that commitment from it.

Council Members Klave and Christensen called for the question. Carried 13 votes affirmative.

Upon consideration of the amendment and upon voice vote, the motion carried 10 votes affirmative with Council Members Bjerke, Stevens, Burke voting against the motion.

Upon consideration of the motion as amended and upon voice vote, the motion carried 11 votes affirmative with Council Members Bjerke, Burke voting against the motion.

APPROVE TRAILHEADS AND RESTRICTIONS FOR
SNOWMOBILES

The staff report from the engineering department relating to consideration of requests from the Red River Snowmobile Club, with no suggested recommendation.

Mr. Swanson reported that the request for an increase in the speed limit would require an ordinance change by the council and the modifications of the trail routes require approval on an annual basis by the city council. Mayor Brown reported that during discussion with department heads this afternoon, East Grand Forks’ speed limit is 15 mph and their curfew is 11:00 p.m. and our rules are consistent with their rules and the exception would be for people returning from an event where they would extend the curfew for that; the staff has no recommendation on that. Mr. Grasser reported they received an E-mail from the police department today and their recommendation is to keep the speed at 15 mph and keep limited hours of operation.

Council Member Christensen suggested that they should consider an amendment to the ordinance and should delegate this authority to the chief of police to set these rules in conjunction with the clubs and with East Grand Forks. Chief Packett stated they think it is a good idea to work with local clubs to have a good quality experience for the sled riders, that their recommendations now are primarily based to stay consistent on both sides of the river, that they like the idea of the increased trailheads and to extend the sleds along the south drainway, etc.; better usage of our greenway and willing to work with the clubs and encourage them to contact them in the future to do that.

Council Member Klave moved to approve this with the changes in the trailheads leaving the speed limit and the hours of operation the same. Council Member Christensen seconded the motion.

Council Member Hamerlik recommended that the chief of police and staff work on this and come back with a recommendation several months down the road, but his question is that if we are to set up the trailheads and if insert Alerus, where is parking - should be working with Park District when get to the Waterworld and shouldn’t designate specific area unless it can be worked out with them; if we specifically name these five trailheads they should be worked out with entities ahead of time the exact location, conflict with other events. Council Member Klave stated that in the past they have named the trailheads and that between the police department the Red River Snowmobile Club they have worked out the details of location with those entities.

Council Member Klave amended his motion so that they give permission of the trailheads contingent upon the Snowmobile Club and the chief of police and all other entities concurring on locations. Council Member Christensen agreed to the amendment to the motion.

Council Members Martinson and Bakken called for the question. Carried 13 votes affirmative.

Upon voice vote of the motion with a friendly amendment, the motion carried 13 votes affirmative.

DENY PROPOSED RECOMMENDATION FOR ADDITIONAL HEIGHT ON PERMANENT FLOOD PROTECTION PROJECT