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17387
December 18, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 18, 2000

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, December 18, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 12; absent: Council Members Lunak, 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 stated that the meeting is being televised.

PRESENT AWARDS, PRESENTATIONS

Mayor Brown recognized the Office of Urban Development and specifically the Youth Employment Training Program, that because of this program The ARC, Upper Valley, has selected the Office of Urban Development as the Employer of the Year, and is in recognition of employers having exceptional records of providing inclusive employment opportunities for people with mental retardation. The Youth Employment Training Program was established in the summer of 1997 through a grant from the Otto Bremer Foundation and a partnership with Job Service North Dakota and the Grand Forks Park District, administered and guided by Shane Kiesow of the Office of Urban Development it has developed into a year round program that works with area youth to promote life skills, reinforce basic educational values and foster healthy respect for the community.

Mayor Brown presented a plaque for C.T. Marhula in recognition of excellent service and dedication as a Grand Forks Civil Service Commissioner, October 16, 1990 to January 1, 2001.

Mayor Brown expressed on behalf of the city council and the mayor’s office their condolences to former mayor, Pat Owens, on the death of her father, Willard Guerard.

Mayor Brown expressed sympathy to Finance Director John Schmisek whose father passed away a week ago.

CITIZEN REQUESTS

The city auditor stated that any person wishing to bring an item not otherwise on the agenda to the attention of the mayor and city council may address the council at this time; and that no action will be taken on these items and all items will be referred to staff for follow up and report.

Clint Rodningen, Jr., 2102 8th Avenue North, stated this was a follow up on his visit two weeks ago and his request had to do with ideas on resolving some issues at the airport with the Flying Club, that one idea refers to one of the ordinances, Section 20-0110, Conduct of Business at Grand Forks, and that’s the one the former manager and current attorney threatened some of the members and that the local FBO tried to bring a charge in municipal court against the Flying Club and the municipal judge threw it out, and would like consideration in looking into defining in that ordinance what a business activity really is, and make it applicable that anyone who is doing business can get a permit, pay a fair fee and pay the airport commissions as other operators on the airport do. He stated that the issue now is leasing of aircraft to the Flying Club and that he has written a proposed idea for defining leasing aircraft to a flying club, and asked how he would change or amend to the city ordinance, 20-0110. Mayor Brown asked that he leave his proposal with his office and that they would find the appropriate body to review.

ADOPT RESOLUTION VACATING A SIDEWALK
EASEMENT LYING BETWEEN LOTS 13 AND 14, BLOCK
3, MIGHTY ACRES 2ND ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the sidewalk easement lying between Lots 13 and 14, Block 3, Mighty Acres 2nd Addition, 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 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 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 to the proposed vacation. Carried 12 votes affirmative.

The Planning and Zoning Commission reported having considered the matter of the vacation of the sidewalk easement between Lots 13 and 14, Block 3, Mighty Acres 2nd Addition to the city of Grand Forks, North Dakota, and recommended to approve the sidewalk vacation. It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Gershman introduced the following resolution which was presented and read: Document No. 8059.1 - Resolution.

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

HOLD PUBLIC HEARING, DETERMINE SUFFICIENCY OF
PROTEST AND DIRECT THAT ANNEXATION BE REJECTED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed November 6, 2000, annexing Lot 1, Block 1, Perkins Fifth Addition, less the northerly 100 feet thereof and less the easterly 140 feet thereof previously annexed by Ordinance 3582 and Resolution 7777; all of Lots V, W, X, Y, Z, AA, BB, CC, DD, and EE, Block 1, Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition; Lot FF, Block 1, Replat Lots 2 and 3, Block 1, Perkins Fifth Addition, less the easterly 140 feet thereof previously annexed by Resolution 7777; all of Lots 3, 4, and 5, Block 1, Perkins Sixth Resubdivision; Lots 1 and 2, Block 1, Perkins Sixth Resubdivision, less the easterly 140 feet thereof previously annexed by Resolution 7777; Lot 1, Block 1, Southern Estates Second Addition less the westerly approximately 366 feet more or less previously annexed by Ordinance 3715 and less the easterly 140 feet previously annexed by Resolution 7777; portion of unplatted property lying in the East Half of the Southeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian more specifically described as follows: the southerly 62 feet of the northerly 180 feet of said E Half SE Quarter less the westerly approximately 366 feet more or less previously annexed by Ordinance 3715 and less the easterly 190 feet previously annexed by Resolution 7777; said tract including public rights of way adjacent thereto, not previously annexed contains 20.30 acres, more or less; located between 36th Avenue South and a line lying 140 feet south of and parallel with the south right of way line of 40th Avenue South and between South Columbia Road and a line lying midway between Aspen Circle and Pine Circle; 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 November 14 and 21, 2000; and further reported that written protests had been filed with his office by David J. Parker, Trustee of the D.J. Parker, Inc., Profit Sharing Plan and Trust, owners of Lot 1, Block 1, Perkins Fifth Addition, less the northerly 100 feet thereof and less the easterly 140 feet thereof previously annexed by Ordinance 3582 and Resolution 7777; all of Lots V, W, X, Y, Z, AA, BB, CC, DD and EE, Block 1, Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition; Lot FF, Block 1, Replat Lots 2 and 3, Block 1, Perkins Fifth Addition, less the easterly 140 feet thereof previously annexed by Resolution 7777; and the northerly 40 feet of the right of way adjacent to Lots Y, Z, CC, DD, EE, and FF, Block 1 of the Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota; which constitutes 37.5% of the total acreage of the territory proposed to be annexed and the protest represents more than 25% of the territory and this is a sufficient protest at this time.

Mayor Brown opened the public hearing.

Dennis Potter, city planner, reported that the item is the proposed annexation of the area in Perkins Fifth, and in light of the protest the council essentially has two options: 1) to not allow the annexation or disapprove the action of the Planning Commission; or 2) pursuant to State law move to a mediation phase on the issue of the protest which is allowed under State law. He stated that based on conversations with the city attorney, the staff would recommend that council direct staff to move to the mediation phase in this annexation request. A copy of the map was viewed on the screen showing the council the area of the proposed annexation and the area being protested. Mr. Potter stated that there were no specials proposed for this property; that the waterline and sanitary sewer lines are in and were installed by the developer.

Al Grasser, acting city engineer, stated that Columbia Road is paved and is a rural section south of the WalMart entrance, and that roadway is sufficient structurally for a number of years, that they don’t have the reconstruction of that portion of Columbia Road in the 6-year CIP, 40th Avenue is a gravel access road to lift stations, that water and sewer go to a point off of 40th Avenue and on Aspen Circle, and underground utilities have been paid for by the developer (Dan Stauss and Mr. Parker).

Mr. Swanson advised council that the 1997 Legislature changed process and council first would have to go through a mediations session which is chaired by representatives of the Governor’s Office and if either reach an agreement that determines resolution or if the mediator determines that resolution is no longer viable, can go to a petition to the Office of Administrative Hearings and administrative law judges appointed to consider the proceedings for annexation; that he understands that this resolution for annexation is being pursued by the City and not by the property owner. Mr. Potter stated it was a combination of the new owners of the former Catholic Diocese of Fargo property and the City. Mr. Swanson stated that the petitioners are seeking annexation of a smaller portion of land than what is included in the resolution. Mr. Potter stated that the City is looking to add the area that is platted and decided when they did the analysis that this would be logical time to bring the city boundary line back to the southern area and bring in the platted property which has water and sewer service available to it, that was a decision made at staff level and which was supported by the Planning Commission, that they went through the annexation point system and that process showed it would be logical and appropriate to annex that area in addition to the formal petition presented by the property owners.

Mr. Grasser stated that one of his concerns is that we do have utility services, both sanitary and water, in this area and should we choose not to annex , would like an affirmation from the city council that we have a policy (an ordinance) not to supply utility services to areas outside the city limits and because our basic infrastructure is already there, want to reaffirm that we would not allow hook-ups in this area, and his suggestion would be that any one of these would trigger the annexation of that entire area, don’t want to get into a position where we are annexing one lot at a time. Council Member Klave stated he agreed and new owners could come in and ask that the property be replatted, that different people owning parcels on a cul-de-sac. Mr. Potter also noted that is compounded by the Williams Pipeline going through there too.

After further discussion Mr. Swanson stated that they have two choices - either reject the entire annexation or approve annexation and move it forward to mediation, you do not have the ability to select portions of the area to be annexed; and if protest sufficient - then up to staff to move forward with another resolution of annexation or property owners come forward with a petition for annexation under an ordinance.

Council Member Christensen moved that we find that there is sufficient protest and to reject the annexation; seconded by Council Member Babinchak.

Mr. Potter stated that they would place this item on the January Planning and Zoning Commission agenda for the annexation of the area pursuant to an ordinance and assuming there are no problems with protests on that part .

Upon call for the question and upon voice vote the motion carried 11 votes affirmative, Council Member Hamerlik voted against the motion.

CONSIDER SECOND READING OF AN ORDINANCE
RELATING TO WIRELESS COMMUNICATION
ANTENNAS AND TOWERS AND TABLE INDEFINITELY

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 August 7, 2000 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

The city auditor reported that the motion coming from the Planning and Zoning Commission this evening is to table this indefinitely and readvertise the public hearing notice until returned to the city council from the Planning and Zoning Commission. It was moved by Council Member Gershman and seconded by Council Member Kreun to table the ordinance indefinitely and readvertise the public hearing notice.

Mr. Potter reported that the Planning Commission wanted this item tabled indefinitely because the current public hearing process is just over three months old and the Planning Commission wants the staff to review again after all the various amendments have been made to the document and start with formal public hearing so have current public hearing process on the books, and will be restarting that at their February meeting and be done by the end of March with the adoption.

Upon call for the question and upon voice vote the motion carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3873, AMENDING THE
COMPREHENSIVE PLAN ELEMENTS OF THE GRAND FORKS
CITY CODE OF 1987, AS AMENDED, PERTAING TO THE GRAND
FORKS-EAST GRAND FORKS 2022 TRANSPORTATION PLAN
UPDATE, 1999 TRANSIT, BIKEWAY AND PEDESTRIAN
ELEMENTS; 2000 STREET AND HIGHWAY ELEMENT

An ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan update, 1999 Transit, Bikeway and Pedestrian Elements; 2000 Street and Highway Element”, which had been introduced and passed on its first reading on November 6, 2000, 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 no comments and the public hearing was closed.

Council Member Glassheim stated it looked like a significant increase in dollars expended in the budget from the original plan, operating and capital revenues, etc. and asked for explanation of significant increases. Roger Foster, Public Transportation Department, stated that one of the reasons the revenue has increased is because of our discretionary grant that they had just received - 5309 Discretionary Grant for FY 2001, that they did not know the dollar amount prior to putting their report together.

The Planning and Zoning Commission reported having considered the matter of the request for final approval of an ordinance and recommended final approval of the ordinance and accompanying plan text.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be and is hereby approved, and that the ordinance be amended to read as follows: C) The comprehensive plan of the City of Grand Forks, The Grand Forks-East Grand Forks 2022 Transportation Plan Update, (1999 Bikeway and Pedestrian Elements; 2000 Transit Element, and 2000 Street and Highway Element) together with all maps, information and data contained therein; with the condition that the following recommendations be incorporated into said update: (1) Excluding the designation of 17th Avenue South and 32nd Avenue South as inter-city bridge locations, (2) To ask the GF-EGF MPO to continue studying the need for a specific bridge crossing after the 2000 census data is available and data from the next comprehensive traffic count update is available, and (3) that residents from potentially affected areas be involved in the study. Carried 12 votes affirmative.

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

ADOPT ORDINANCE NO. 3874, AMENDING ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOTS 18 AND 20, BLOCK 16, VILLARD’S ADDITION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence High Density) District and include within the B-3 (General Business) District, Lots 18 and 20, Block 16, Villard’s Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 6, 2000 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the request from David Ramage for final approval of an ordinance to amend the zoning ordinance map and to exclude from the R-4 (Multiple Family Residence High Density) District, and include within the B-3 (General Business) District Lots 18 and 20, Block 16, Villard’s Addition (located at 1316 11th Avenue South), and recommended to approve the ordinance.

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

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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ITEMS RETURNED TO COMMITTEE

Mayor Brown asked if there were any items to be returned to committee without further discussion.

Council Members Burke and Christensen asked that the second reading of an ordinance amending Article 2 of Chapter XIV of the Grand Forks city Code relating to Central Business District parking be returned to the Urban Development Committee for further consideration.

Council Members Gershman and Hamerlik asked that the matter of department head contracts be referred back to the finance committee for further consideration.

APPROVE AMENDMENT NO. 11 FOR IN-KIND SURVEY
SERVICES, PROJECTS NOS. 4820 AND 4821

The Public Service Committee reported having considered the matter of Amendment No. 11 to Greater Forks Engineering Group for in-kind survey services, City Projects 4820 and 4821, and recommended to approve Contract Amendment 11 for professional services agreement with Greater Forks Engineering Group regarding in-kind survey services related to property and right of way acquisition for construction of the United States Corps of Engineers flood protection system for the City of Grand Forks.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

AWARD CONTRACT FOR PROJECT NO. 5111, TRAFFIC
SIGNALS AND INTERSECTION IMPROVEMENTS AT 17TH
AVENUE AND 34TH STREET AND AT SOUTH 20TH STREET
AND 24TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the construction bids for City Project No. 5111, Traffic Signals and Intersection Improvements at 17th Avenue and 34th Street and at 20th Street and 24th Avenue South, and recommended to award the contract to the low bidder, Fargo Electric, Inc. in the amount of $358,824.10.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 5218, INERT LANDFILL PERMIT

Committee No. 3, Public, Service, reported having considered the engineering service agreement for Project No. 5218, inert landfill permit, and recommended to approve entering into the agreement with Webster, Foster & Weston for engineering services on Project No. 5218.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

AUTHORIZE ENTERING INTO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS 5111.1 AND 5111.2

Committee No. 3, Public Service, reported having considered construction engineering services on Project No. 5111, Traffic Signals and Intersection Improvements at 17th Avenue and 34th Street, and at 20th Street and 24th Avenue, and recommended entering into agreement with Interstate Engineering, inc. for construction services on Project No. 5111.1 and Project No. 5111.2.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 4974, 17TH
AVENUE SOUTH BIKEWAY

Committee No. 3, Public Service, reported having considered the construction bids for City Project No. 4974, construction of 17th Avenue south bikeway from 35th Street to 25th Street, and recommended to award contract to the low bidder, Opp Construction in the amount of $128,795.84 ($24,561.37 to be City funded per Cost Participation and Maintenance Agreement with the North Dakota Department of Transportation).

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 11; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

AWARD CONTRACT FOR PROJECT NO. 5089, RECON-
STRUCTION OF NORTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered construction bids for Project No. 5089, reconstruction of North Washington Street from 8th avenue North to Gateway Drive, and recommended to concur with the North Dakota Department of Transportation award of contract to low bidder, Opp Construction, in the amount of $2,037,063.65 ($337,097.00 to be City funded per Cost Participation, Construction and Maintenance Agreement with the North Dakota Department of Transportation).

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHEMICAL BIDS FOR 2001

Committee No. 3, Public Service, reported having considered the 2001 chemical bid approval for the water treatment plant, and recommended approval and acceptance of the 2001 water treatment plant chemical bids.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

DIRECT STAFF TO OBTAIN QUOTATIONS FOR PAINTING
LOGO ON SOUTHEND WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of logo for the southend water tower, and recommended to approve the Park District investigate a logo and bring back a rendering for approval.

It was moved by Council Member Glassheim and seconded by Council Member Stevens that this recommendation be and is hereby approved with quotations from water tower painting contractors to put a “King’s Walk” logo approved by the Park district, on the southend water tower.

It was moved by Council Member Glassheim and seconded by Council Member Stevens that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS 7, 9 AND
REAR 40 FEET OF 11, BLOCK 6, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the request from CPS, Ltd., on behalf of Ray Benson and Jim Lindauf, for final approval (fast track) of a Replat of Lots 7, 9 and rear 40 feet of 11, Block 6, Town of Grand Forks, and recommended to approve plat subject to conditions shown on or attached to the revised review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 3, BLOCK
` 1, DeMERS FIFTH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Keith Danks, Jr. on behalf of Black Gold Farms, for final approval (fast track) of a Replat of Lot 3, Block 1, DeMers Fifth Resubdivision, and recommended to approve the final plat subject to conditions shown on or attached to the revised review copy including that the lot line be relocated as shown and subject to the condition that a utility easement be acquired through an instrument other than the plat.

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

REFER MATTER OF CIVIC AUDITORIUM FOR DISCUSSION
AT JANUARY 2, 2001 COUNCIL MEETING

The matter of the civic auditorium (referred to the finance committee) was presented by the mayor’s office and as the Grand Forks city council has suspended standing committee meetings between December 19, 2000 and the New Year, and due to that it is likely that the council meeting on January 2, 2001 will have a limited agenda, and recommended that a portion of that council meeting on that day be set aside for discussion regarding the civic auditorium.

The recommendation was approved by the city council, 12 votes affirmative.

APPROVE REVISED CITY (FTA) DRUG AND ALCOHOL
POLICY

The Bus Committee reported having considered the FTA Drug and Alcohol City Policy and recommended to approve the FTA Drug and Alcohol City Policy pending exceptions added that might be needed to meet federal guidelines, and that all city council members be alerted to changes if any are made.
It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this recommendation be and is hereby approved.

Council Member Gershman moved to amend 4.3 Post-Accident Testing of the Drug Policy Statement to include that “…any person receiving medical treatment at or away from the scene of any accident…” The motion was seconded by Council Member Babinchak.

Council Member Klave stated that it would be in our best interest that testing be done with any type of accident, not just a fatality. Mr. Foster agreed with that suggestion, and that his concern is that they meet the federal requirements in the policy but can expand upon that.

Upon call for the question on the amendment, and upon voice vote, the motion carried 12 votes affirmative.

Upon call for the question on the original motion, as amended, and upon voice vote the motion carried 12 votes affirmative.

APPROVE 2001 RESIDENTIAL/APARTMENT RECYCLING
AGREEMENTS

Committee No. 3, Public Service, reported having considered the matter of the 2001 residential/apartment recycling agreements, and recommended to approve the 2001 residential/apartment recycling agreements.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved.

Council Member Burke stated that he thought the contract was to include an incentive for the company doing the collecting to be pro-active in increasing recycling, that now they get $2.10 for every home that they pass and it’s to the contractor’s benefit to have recycling go down as they have less materials to handle. Todd Feland, acting public works director reported that as they were in the last year of the contract and running short on time, that they will revisit this issue soon in 2001 to revise the bidding document and to make changes at that time: to change the cost of each residential recycling container, to require the vendor to provide information specifying where and how much of the recyclables are being marketed, and to include a 60-day escape clause for the City of Grand Forks.

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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE BUDGET AMENDMENTS

A budget amendment from the Street Department in the amount of $2,728.78 to increase revenue due to sale of property, scrap and services, was presented and read.

A budget amendment from the Public Works Facility in the amount of $480,000 to transfer bond proceeds to cover 2000 construction costs, was presented and read.

A budget amendment from the Public Works Department in the amount of $80,700 to transfer bond proceeds for Stormwater share of public works facility renovation to the Public Works Facility fund, was presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Stevens that these budget amendments be and are hereby approved. Carried 12 votes affirmative.

Budget amendments from the Police Department were presented and read as follows:
$5,428.96 to reflect grant for juvenile officer
$4,689.49 to reflect grant reimbursement, Office of Justice
$ 559.25 to reflect grant reimbursement for GREAT training
$7,002.84 to reflect Office of Justice grant reimbursement
$89,806.64 to reflect Office of Justice grant reimbursement
$119,225.00 to reflect Local Law Enforcement Block Grant from Bureau of Justice Assistance
$23,225.11 to reflect ND Attorney General Gaming Enforcement Grants
$2,743.05 to reflect earned interest for 2000 (Block Grant 3)
$7,896.18 to reflect Gang Prevention grant award for GREAT Program
$712.02 to reflect Edward Bryne grant for Neighborhood Watch Program

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 12 votes affirmative.

A budget amendment from the Police Department in the amount of $25.00 to reflect witness fees for police officer, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this budget amendment be approved. Carried 12 votes affirmative.

A budget amendment from the Police Department in the amount of $1,560.00 to reflect grant funds from ND State Underage Alcohol Enforcement, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this budget amendment be approved. Carried 12 votes affirmative.

Budget amendments from the Police Department were presented and read as follows:
$1,248.00 to reflect grant funds from ND State Department of Transportation Cops in Shops;
$780.00 to reflect grant funds from ND State Department of Transportation DUI Saturation Patrol; $3,705.06 to reflect grant funds from Department of Transportation Seatbelt Enforcement Grant;
$9,271.92 to reflect grant for Juvenile Officer.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these budget amendments be approved. Carried 12 votes affirmative.

A budget amendment from the Engineering Department in the amount of $4,900.00 for end of year budget adjustments, was presented and read. It was moved by Council Member Glassheim and seconded by Council Member Stevens that this budget amendment be approved. Carried 12 votes affirmative.

Budget amendments from the Urban Development Office were presented and read as follows:
$200,000 to transfer from economic development to JDA to reimburse for Growth Fund expenditures;
$582 to increase applicable revenue to cover fiscal charges on debt (bond fund for FTZ building)
$393 to increase applicable revenue to cover fiscal charges on debt (bond fund for the Cirrus building)
$22,087 operating transfer from JDA to debt retirement for Corporate Center
$9,000 increase in revenue in Housing Authority payroll fund
$500,000 recordation of additional revenue and addition expenses to reflect increase in CDBG entitlement activities
$100,000 to transfer CDBG Supplemental into Highway Tax Distribution Fund to reimburse CDBG eligible expenditures (paving/street project).

It was moved by Council Member Christensen and seconded by Council Member Burke that these budget amendments be approved. Carried 12 votes affirmative.

APPROVE POLICY ALOWING UNDERWRITING FOR
COUNCIL TV BROADCASTS

Committee No. 1, Finance, reported having considered the underwriting for city council meetings on Cable Channel 3, and recommended to approve policy allowing underwriting for council TV broadcasts, to be overseen by staff of Public Information Center, and to approve the purchase of additional electronic equipment, not to exceed $3,000.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be and is hereby approved.

Council Member Glassheim spoke against the matter, that it’s a poor policy to have private companies sponsor government function, that it’s open for everyone to see and to have individual firms using the government channel to advertise themselves. He stated that if we want to broadcast meetings we should pay for it. Council Member Gershman noted that we do have advertising on our city buses which helps defray the cost, and that this is not really advertising but underwriting - that underwriting is where a business does not actually give an ad but put their name on there to defray costs, and that this is a way to self-generate some money for improved equipment and maintenance of our equipment.

After further discussion and upon call for the question and upon roll the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Christensen, Bakken, Kreun - 9; voting “nay”: Council Members Glassheim, Klave, Babinchak - 3. Mayor Brown declared the motion carried.

APPROVE REQUEST FOR MPO TO STUDY DOWNTOWN
SIGNALS FOR WARRANTS

Committee No. 2, Public Safety, reported having considered the request for MPO to study downtown signals for warrants, and recommended that a formal request be made to the MPO to perform a study of the downtown signals.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AWARD CONTRACT FOR CURTAINING SYSTEM AT
ALERUS

The Events Center Core Committee reported having considered the bids and award of contract for curtaining system, and recommended that we approve the bids and award the contract for the curtaining system to Nickerson Arena Curtain for their bid of $325,851.00, contingent on finding the funding.

It was moved by Council Member Babinchak and seconded by Council Member Christensen 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT NO. 1 TO ENGINEERING
AGREEMENT FOR CITY PROJECTS 5023, 5086, 5136 AND 5145

Committee No. 3, Public Service, reported having considered Amendment No. 1 to Authorization No. 4, engineering agreement between City of Grand Forks and Burns & McDonnell, solid waste baling facility construction period services, Projects 5023, 5086, 5136 and 5145, and recommended to approve the amendment with Burns & McDonnell for $93,427.00 for construction period services with an agreement maximum fee not to exceed $316,177.00.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE ENGINEERING AGREEMENT FOR EVALUATION
OF SHORT AND LONG TERM DISPOSAL OPTIONS OF
RESIDUALS FROM WATER TREATMENT PLANT, PROJECT
NO. 5219

Committee No. 3, Public Service, reported having considered the engineering agreement between the City and KBM, Inc. for evaluation of short and long term disposal options of residuals from the Water Treatment Plant, Project No. 5219, and recommended to approve the engineering agreement with KBM, Inc. with a maximum fee not to exceed $68,800.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

DECLARE PROPERTIES AS SURPLUS AND AUTHORIZE
SALE

Committee No. 4, Urban Development, reported having considered the sale of historic houses, and recommended to declare historic houses at 722 Walnut, 1416 and 1420 Chestnut Street, 812 Almonte Avenue and 711 Cherry Street as surplus and to authorize staff to bid them following the dry-side City owned homes sales procedure.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PROCEDURES FOR SALE OF RESIDENTIAL
LOTS

Committee No. 4, Urban Development, reported having considered residential lots sales procedure, and recommended to approve the procedure for sale of residential lots: Document No. 8060 - Residential Lot Sales Procedure

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

APPROVE SALE AND REDEVELOPMENT OF 307-311
KITTSON AVENUE (HOFFMAN BUILDING)

Committee No. 4, Urban Development, reported having considered the sale and redevelopment of 307-311 Kittson Avenue (Hoffman Building), and recommended to reject all proposals and to direct staff to negotiate other possibilities with Michael Conneran (who proposed purchasing the building with tax abatement).

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

APPROVE PROCEDURE FOR SALE OF DRY-SIDE CITY
OWNED HOUSES

Committee No. 4, Urban Development, reported having considered the matter of City owned homes sales procedure, and recommended to approve the policy (procedure) for the sale of dry-side city owned homes. Document No. 8061 - Procedure.

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

APPROVE CITIZEN REQUEST TO SUBORDINATE RENTAL
REHAB MORTGAGE

Committee No. 4, Urban Development, reported having considered the citizen request to subordinate rental rehab mortgage, and recommended to approve the subordination request contingent on the property owner providing staff a letter from a real estate appraiser indicating the value of the home will be $99,000 or higher (so the city’s mortgage will fall within 107 ½ % of the appraised value) after the proposed repairs are completed.

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

RE-AFFIRM DECISION TO DENY SUBORDINATION
REQUEST FOR CONGRESSIONAL HOME OWNERSHIP
INCENTIVE MORTGAGE

Committee No. 4, Urban Development, reported having considered the citizen request to subordinate Congressional Home Ownership Incentive mortgage, and recommended to re-affirm the decision of staff and to deny the subordination request.

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

APPROVE RATE ADJUSTMENTS FOR 2001, ADVANCED
ENGINEERNG AND ENVIRONMENTAL SERVICES, INC.

Committee No. 3, Public Service, reported having considered the matter of 2001 rate adjustments for Advanced Engineering and Environmental Services, Inc., and recommended to approve Advanced Engineering and Environmental Services, Inc. 2001 rates to be applied to all existing agreements.

It was moved by Council Member Glassheim and seconded by Council Member Stevens 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, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

DIRECT STAFF TO OBTAIN QUOTATIONS FROM
CONTRACTORS TO PAINT LOGO ON CENTRAL BUSINESS
DISTRICT WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of logo for the Central Business District water tower, and recommended to direct staff to obtain quotations from water-tower painting contractors to put the “Grand Cities” logo on the Central Business District water tower.

It was moved by Council Member Stevens and seconded by Council Member Kreun that this recommendation be and is hereby approved.

Council Member Glassheim stated he didn’t believe this was a good idea for the following reasons: that it’s a water tower in Grand Forks, not aware of any town that doesn’t have it’s name on it, that the name has not taken with the public, and if want to make this accepted by the city, have an advisory vote or have Public Information Office ask for comments, that from calls he is receiving suggests there’s a significant number of people who don’t like the way it was done or the name, and knew that intention was to find something that Grand Forks and East Grand Forks had in common, and that he doesn’t oppose what the committee has done, trying to make positive presentation of all good things we have going on in these two cities, and advertising effort proper to gather together what you do well. and try to present it; but the name and paying City money to put it on a city tower.

Council Member Gershman stated that possibly we need more time for the “grand cities” to see if it gets some traction in the city with the public, and recommended that if they go ahead with this tonight that make a stipulation that we wait until end of September to see if “grand cities” does take hold. He stated that he received a call from Ann Smith at Medical School at the University and offered an idea that the water tower be painted like a hot air balloon, and would be a phenomenal piece of art in Grand Forks, and before we pass on this would like the council to consider that.

Council Member Klave stated that we have time to work with this, that the recommendation is only to get quotes, and suggested that the Information Center do a survey.

Council Member Burke stated that the City did put $5,000 into “grand cities” last year, but is not going in this year and not anticipated in the future. He also stated that the committee discussed with the “grand cities” branding committee whether or not the committee would be interested in paying for it, and it is something they would bring back to the full committee and would be willing to put money into painting the water tower.

Mr. Warne, administrative coordinator, stated he had received a call from John Snustad, chairman of the Grand Cities Committee, who was called out of town and unable to attend tonight and he would like to address the council at some future date regarding this issue and perhaps some of the ideas that have been presented tonight in the interim period be given to him for consideration, and would be in favor of getting figure for painting the water tank so have a number.

Council Member Gershman moved to amend the motion to include getting estimates for painting a larger design such as a hot air balloon. Council Member Glassheim seconded the motion.

Council Members Hamerlik and Christensen stated that they had received many comments on this issue of people opposing this, and that the term “grand cities” hasn’t taken hold.

Council Member Kreun stated that their committee was asked to consider this and after a logo was developed they asked if it would be feasible to put on the water tower, and the committee was only looking for input from this body and the community so that a decision could be made and are in the research stage and one of the reasons for getting quotes is that we have to paint the water tower and will put some type of logo on there, and were to get ideas of what it would cost, but don’t have to make a decision on it at this time.

Upon call for the question on the amendment and upon voice vote, the motion carried 12 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative, Council Member Bjerke voted against the motion.

APPROVE REQUEST BY NORTHERN STATES POWER
FOR TIME EXTENSION ON A CONDITIONAL USE
PERMIT FOR PROCESSING OF CONTAMINATED SOIL
AT 2900 MILL ROAD

The Planning and Zoning Commission reported having considered the matter of reconsideration from Al Peterson on behalf of Northern States Power for time extension of a conditional use permit for the processing of contaminated soil, Lot 1, Block 1, NSP & Pillsbury 2nd Resubdivision and Lot 3, Block 1, NSP & Pillsbury Industrial Park Resubdivision (located at 2900 Mill Road), and recommended to approve extension of the conditional use permit from December 31, 2000 to March 31, 2001.

It was moved by Council Member Bjerke and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

MATTER OF GRAND FORKS/EAST GRAND FORKS
FLOOD CONTROL AND RECREATION PROJECT
PARTNERING CHARTER

Mr. Grasser, acting city engineer, presented the matter of the Grand Forks/East Grand Forks Flood Control and Recreation project Partnering Charter, stated that on November 30 the council members received a letter from Mayor Brown, Council President Gershman and Public Service Committee Chair Kreun outlining some of the events from the parntering session they had with the Corps of Engineers, the background before the City voted to accelerate the project by one year given the potential economic impacts to the citizens of the flood plain remapping and potential cost savings from an accelerated schedule by not having to bond and pay out as much in construction costs. He stated they met with the Corps of Engineers Leadership Group last week which included Mayor Brown, Council President Gershman and Committee Chair Kreun from the City; Col. Kasprisin, Chuck Christ; and Mayor Stauss and Council President Beauchamp from East Grand Forks and various staff members.

He stated that one of the items from the Corps of Engineers recommendation was to put together a partnering charter, and that item was presented to the council members, and sets out a mission statement and common goals and principles for attaining goals, and as looking at a relatively aggressive schedule for 2005 and to try to accomplish in 2004 completion date, looking at accelerating further, and to do that need to essentially create a small team to address issues that tend to come up in a project of this scale.

Mr. Grasser stated that under Principles for Attaining Goals one of the things they identified strongly was that each project partner shall identify and support a single project manager, and the single project manager was identified from East Grand Forks as Gary Sanders, Corps of Engineers would be Lisa Hedin and from the City of Grand Forks, Charles Grotte. He stated that from the City’s end Mr. Grotte would also be supported by the City leadership team.

Mayor Brown stated that one of the underlying issues in all the discussions with the Corps was the project schedule, and realize that all the partners will have conflicts at various times because of the aggressive schedule that has been requested by the City for this project and as decision makers often feel they are forced to make decisions quickly because of the schedule, the Corps feels like they are being asked to keep the project on schedule while at a time we request they accommodate our requests from the two cities for more information about different topics, reconsidering previous decisions or requests for more public input before making those decisions all of which jeopardizes the time line. He stated that we are now in a situation with the FEMA floodplain remapping plans but are requesting even more aggressive schedule for our flood protection project. The city council passed a resolution on November 6, 2000 requesting more aggressive construction completion date of the flood control project from 2005, reducing that to 2004.

Council Member Kreun stated that there are going to be conflicts and times when things have to be resolved in a quick and efficient manner but still want to take into consideration all of the particular situations that may arise within the part of the community that may have questions, so that the citizens can bring forth ideas and still have an appeals process to come back to the City through their council representative to help alleviate any questions or concerns that they have and have the ability to reply after they’ve given their input.

Council Member Gershman stated they had a three week comment period and one of the issues is where changes will have to be made and those issues will come up and they need council’s help, that some issues will be controversial and some that will happen a year or two years from now and as are able to identify some of those, the sooner they can get as much specific information from the Corps, can take it to the citizens and discuss it; and that it’s a matter of expediting the process with the accelerated program, and need input and support to go forward with this.

Council Member Christensen stated that having been involved in one of the processes, it is incumbent and even if trying to fast track this project that you not lose sight of the fact that the people who are living next to this dike be given the deference and seek their input. He stated that if Mr. Grotte is the project person and is busy and suggest that the engineering department designate an assistant to Mr. Grotte so that as decisions come up that impact the neighbors that several months notice be given so they can have the input and discuss the matter; and if have some money in the $6.5 million of enhancements, to use that for the dike rather than the greenway. He stated he wanted to see that the people who are affected every day are given appropriate timely notice so they have the time to comment and we have the ability to weigh and listen to their comments.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Gershman reported he had received comments on strobe light tower at Stan’s Communication (to have strobe lights removed and replaced with constant red light) - Referred to public service committee.
2) Council Member Gershman presented the matter of request for temporary stop light at 28th Avenue South and South Columbia Road - Referred to engineering department for installation of temporary lights.

3) Council Member Gershman presented the matter of private inert landfill between DeMers and Highway 2 with proposed 56 acres (up to 45 ft.) and to send message to the County Commission that might not be the place for it, that there was concern about the beautification of Highway 2.

The city attorney reported that if the council deems it appropriate to add an extra item, they could adopt a resolution in opposition to the request or ask for a straw vote and could relay results to the County Commission. Council Member Gershman moved that the council consider a resolution supporting the Planning and Zoning Commission and deny the permit. Council Member Christensen seconded the motion. The council passed the motion 12 votes affirmative with Council Member Bjerke voting against the motion. The city attorney stated that with the landfill issue because it was not on the agenda, it does require under the regulations or ordinances unanimous approval to add it. Insofar as there was not a motion to add it to the agenda that was unanimously approved, have to determine that the no vote by Council Member Bjerke acts in such a fashion as to remove it from the agenda and place it on your next council meeting. Council Member Gershman then asked for a straw vote and moved that. Council Member Burke seconded the motion. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.

4) Council Member Gershman moved to reconsider the civil service status of Senior Citizens bus drivers. Council Member Hamerlik stated that the matter was controversial. The city attorney stated that with a motion to reconsider, it is in order - that the council could act on the motion to reconsider and table any further action on it and that this is the only opportunity to act on a motion to reconsider. Council Member Gershman moved to reconsider this matter, and Council Member Burke seconded the motion. Mr. Swanson stated that the motion to reconsider has been made and seconded to preserve the issue under your rules, and can either hold action if not deemed appropriate tonight or pass a reconsideration and not act upon the actual motion or matter until the next meeting. He stated that if the motion to reconsider were passed. would then have the underlying motion that was passed at the last meeting.

After considerable discussion the motion for reconsideration was called, and the following voted “aye”: Council Members Gershman, Christensen, Klave, Babinchak, Bakken, Kreun, Stevens, Burke - 8, voting “nay”: Council Members Glassheim, Brooks, Bjerke, Hamerlik - 4.

After further discussion it was moved by Council Members Glassheim and Christensen to send the matter back to the finance committee. Council Member Christensen and Glassheim withdrew their motion and Council Members Brooks and Hamerlik asked that this matter be sent back to their committee, finance.

Mr. Warne stated that the primary difference between civil service employee and a temporary employee is the 4% pension, that we have a lot of temporary employees that have worked for the City for a number of years and perhaps the disparity and some of the concern about bringing the bus drivers over would be to extend the opportunity for all temporary employees to have the 4% pension, because in the 1040 hour wait, the benefits of a temporary employee that’s working 40 hours a week is the same as a civil service employee except the temporary employee doesn’t have the civil service rules and protection. He stated that might be an option and that would go a long way in solving some of the other problems that we have in the city now - that there’s a dollar amount to that but there is a broader issue - and if did a defined contribution program, you could set up 40l’s or 457’s and it wouldn’t impact the City’s current defined benefit programs and if those employees ever had to leave they could roll that money out of those 401’s and 457’s into an IRA or wherever their future employer might be. It was noted this could be discussed at the finance committee.

5) Council Member Glassheim asked for status of hotel discussions.
6) Council Member Glassheim stated they are getting ready for the legislative session, and asked for mechanism for communicating to the legislature what the City of Grand Forks has on it’s priority list.
7) Council Member Hamerlik asked that the second screen be used for council members in order to see information placed for viewing.
8) Council Member Hamerlik asked that the up and coming meetings be placed at the end of the agenda.
9) Council Member Hamerlik stated there is a special meeting of the Events Center Commission on Wednesday at 7:00 a.m., that all council, Corps members and Core Committee members are invited and that one of the main issues will be to hear research people doing studies on the needs for a hotel, and that will be an open meeting.
10) Council Member Stevens stated that the has a problem with the practices of employing people in the city having come from the private sector, that he doesn’t understand civil service, that Mr. Warne is working on this and would encourage him to do that because we need a lot of issues solved with our employees.
11) Council Member Bjerke presented the matter to Mr. Grasser and Mr. Warne and Mayor’s Office, that in late February we should have some type of public meeting to review Plan A for a flood and dike system, etc. and review of Plan B, and would also like to have the National Weather Service and the Corps of Engineers present to briefly review their plans.
12) Council Member Bjerke presented the matter of status the civic auditorium at the January 2 council meeting, and discuss in addition to the civil auditorium, the status of the employees.
13) Council Member Bjerke presented the matter of whether the Engelstad Arena is required to pay property taxes and if so, when that would occur.
14) Council Brooks presented the matter of 2002 budget process and referred that to the finance committee for budget schedule and procedure.
15) Council Member Brooks asked that they look at the goals or philosophy re. economic development, referred to the urban development committee.
16) Council Member Kreun stated that he sits on County Planning & Zoning Board, that the matter of inert landfill - that we are dealing with municipal waste landfill, restrictions and guidelines are quite different, that particular landfill would be 45 ft. and 500 ft. off Highway 2 and that there are many considerations.
17) Council Member Bakken asked that several ordinances re. liquor licenses for Engelstad Arena, Alerus and King’s Walk, and a change in the liquor license for Fire Island status were not included on the agenda, and moved to add those items to the agenda. Council Member Babinchak seconded the motion. Upon voice vote the motion was 11 to 1 (Council Member Bjerke voted against the motion) and the motion was defeated. The city attorney stated that without a unanimous vote the matter could not be added to the agenda, and would be referred to their next meeting.
18) Council Member Christensen presented the following items: 1) start budgeting process early in January and until they get to the committee of the whole process, suggest that the committee chairs meet on Fridays to develop the agenda for presentation to the committee of the whole in February; 2) status of Renaissance Zone (Mr. Potter stated this is not in a committee at this time and has been at the State under review and have three items that the State wants us to clarify and respond to and that the Planning Office will be bringing those issues to the finance committee at their first meeting in January) and placed on the second council meeting in January); 3) and refer to public service committee and urban development to begin the process to wire the city for internet access.
19) Mayor Brown thanked Lisa Dressler for her work with the City and to say goodbye.

APPROVE MINUTES DECEMBER 4, 2000

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, December 4, 2000. Council Member Bjerke noted a correction in the minutes on page 11 where he was voting on both sides of an issue. It was moved by Council Member Bjerke and seconded by Council Member Burke that the minutes be approved as read and corrected. Carried 12 votes affirmative.

APPROVE BILLS

Vendor payment Listing No. 00-22, dated December 18, 2000, and totaling $1,628,765.17, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Brooks and seconded by Council Member Kreun that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that we do now adjourn. Carried 12 votes affirmative.




Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor