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17485
March 19, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 19, 2001

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, March 19, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim (teleconference system), Gershman, Lunak, Christensen, Klave, Bakken, Kreun - 12; absent: Council Member Martinson - 1; 1 seat vacant..

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 advised that the meeting is being televised.

DECLARATION OF EMERGENCY AND NATURAL
DISASTER RE. FLOOD

Mayor Brown announced that today he made a declaration of emergency and natural disaster, that the proclamation states: Document No. 8064 - Proclamation.

He stated the reason for the declaration is that we need to do this in order to access funds that help us fight the flood, and this is simply a matter of procedure and is normal operating procedure and will help our departments prepare for the flood.

AUTHORIZE STAFF TO AWARD CONTRACT FOR
FILLING SANDBAGS FOR 2001 FLOOD FIGHT IF NECESSARY

The request for consideration of quotations for filled sandbags for Public Works Department’s use during Project No. 5200, 2001 Flood Fight, with a recommendation to authorize staff to, if necessary, award contract to lowest responsible bidder submitted as determined by the need for filled sandbags.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W DEDICATED ON THE PLAT OF
BROWN CORPORATION ADDITION; AND SET PUBLIC
HEARING FOR APRIL 16, 2001

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Dakota Administration for preliminary approval of the plat of Brown Corporation Addition, Grand Forks County, North Dakota, being a part of the NW quarter of Section 5, T151N, R50W of the 5th Principal Meridian, lying westerly and southwesterly of Interstate 29 Right of Way (located in the southeast corner of the intersection of South 42nd Street (12thg Street NE) and County Highway No. 6 or Merrifield Road (12th Avenue NE), and recommended preliminary plat approval subject to technical changes, preliminary approval of enclosed Street and Highway Plan amendment ordinance, and schedule city council public hearing for April 16, 2001.

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

Council Member Kreun introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Brown Corporation Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

RETURN MATTER OF FINAL PLAT OF BIRKHOLZ’S
7TH ADDITION TO PLANNING AND ZONING COMMISSION

The request from CPS, Ltd. on behalf of Phoenix Properties, a North Dakota partnership, for final approval of a plat of Birkholz’ 7th Addition to the city of Grand Forks, North Dakota, including a variance to subdivision regulation Section 18-0907 (2)(L) 3 relating to access to arterial streets, being a part of the North ½ of the NW ¼ of Section 17th Avenue south between South 36th Street and South 42nd Street. (Note: This plat will supercede a previously approved plat of the same name approved by the city council on June 7, 1999 and was reconsidered and approved by the Planning and Zoning Commission on March 1, 2000).

Mayor Brown reported that this matter had been pulled from the agenda and returned to the Planning and Zoning Commission.

APPROVE SUMMARY ACTION CALENDAR

All items listed on this portion of the agenda are considered to be routine or noncontroversial and will be enacted by one vote.

A request for approval to purchase mosquito control bids, with a recommendation to approve purchase of mosquito control products and equipment from vendors: 1) accept the Grizzly-PDS ULV from Van Diest Supply Company for $8,500; 2) accept bid from Acme Electric for ATV lease for 2001 season of 2 Kawasaki Mules at $900.00/month or $450/each month; 3) authorize negotiation directly with Rydell Chevrolet for lease vehicles within 10% of 2000 prices; and 4) award chemicals to lowest bidder for the 2001 season.

A request for budget amendment for mosquito control program in the amount of $34,442, with recommendation to approve budget amendment for mosquito control in the amount of $34,442, 2000 cash carryover.

Consideration of bids for construction of City Project No. 5204, 2001 Watermain Replacement, with recommendation to award contract to low bidder, Robinson Excavating, in the amount of $276,755.90.

Consideration of bids for construction of City Project No. 5196, 2001 Sidewalk Repairs, with recommendation to award contract to low bidder, Heston Contracting, in the amount of $128,880.00.

Consideration of bids for construction of City Project No. 5199, ADA Curb Ramps, with recommendation to award contract to lowest responsible bidder, Heston Contracting, in the amount of $44,755, and to release the bid bond of Strandberg Construction.

Consideration of quotations for the supply of City Project No. 5216, 2001 casting quotes, with recommendation to award contract to low quotation submitted by Fargo Water Equipment in the amount of $14,551.04.

The matter of sanitary sewer pump station rehabilitation program overview, with recommendation to receive and file.

Consideration of Amendment No. 1 to engineering services agreement for Greenway Clean-up, City Project No. 5172, with recommendation to approve agreement amendment No. 1 for $11,856.50 with CPS, Ltd. adding the second phase of the Greenway Clean-up project to the original contract and authorizing the appropriate City officials to sign the agreement amendment.

Consideration of change orders to Residential Environmental Abatement contract, with recommendation to approve the change order in the amount of $2,532.00 to the residential environmental abatement bid package #49 contract held by KMB Diversified Services for abatement of 506 Plum Avenue and 505 Pakenham Avenue.

Consideration of Public Works Department vehicle bids, with recommendation to approve lowest and best vehicle and accessory bids as follows: 1) ¾ ton pickup from Hansen Ford in the amount of $21,960.00 for Electrical Department; 2) 1.5 ton pickup from Rydell Chevrolet in the amount of $22,092.00 for Wastewater/Stormwater Departments; 3) Utility body from Northern Truck in the amount of $5,458.00 for Electrical Department; and 4) Dump body from Northern Truck in the amount of $5,073.00 for Wastewater/Stormwater Departments.

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

APPROVE AMENDMENT NO. 13 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECTS NOS. 4817, 4818
AND 5116, INTERIOR DRAINAGE

Amendment No. 13 to engineering services agreement with Greater Forks Engineering Group for Projects Nos. 4817, 4818 and 5116, Interior Drainage, with recommendation to approve Amendment No. 13 with Greater Forks Engineering Group in the amount of $16,185.36.

Council Member Lunak stated that in the contract amendment summary a number of the amendments were quite substantial and questioned bidding process for services. Mike Yavarow, project engineer, reported that the contract was signed with Greater Forks Engineering Group to provide in-kind services for the water, sewer and storm sewer services in conjunction with the flood; that there was a professional selection process - that professional services are not bid but solicit qualifications from interested firms and a board is formed to rank the firms, and number one group is selected. He stated this project was started several years ago and project includes lift station, watermain and sewermain utilities, reroutes that will be happening yet in the process. Council Member Lunak questioned if a combination of projects would be bid; and how they determine successful bidder. Mr. Yavarow stated this was an interim process after the flood to combine the services of the local firms to provide services locally to share manpower, etc. He stated that selection is based on the qualifications, and that proposals are requested from interested professional firms, they submit packets which are reviewed and ranked (included in the ranking is familiarity with the project and closeness to the project).

It was moved by Council Members Brooks and seconded by Council Member Hamerlik to approve the proposed recommendation. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: Council Member Lunak - 1. Mayor Brown declared the motion carried.

APPROVE TERMINATING LEASING OF CLEARWELL
PROPERTY WITH NIKLE FARMS, INC.

Consideration of termination of farm lease with Nikle Farms, Inc. for new clearwell property, with recommendation to approve terminating the farm lease with Nikle Farms, Inc. for the new clearwell property.

Council Member Gershman stated that the lease agreement states that they will return the land with all groundwork to be done, and questioned if that will happen; and asked what plan was for use of that land as they are terminating the lease three years early. Mr. Grasser stated that the planned construction of the clearwell takes a large portion of the area along with the contractor’s work area, lay down area, etc., there was not enough land left to viably farm, and because of amount of land left over will be talking to the adjacent farmer to use so that the City would not have to go in a cut weeds, etc. but officially terminate the agreement so we have the use of the property.

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.

APPROVE COORPORATE CENTER CHANGE ORDERS

Consideration of Corporate Center change orders, with a recommendation to approve Corporate Center change orders #14 and #15 (Change Order #14 adjusted a contract amount of Change Order #6 (-$1,004) and Change Order #15 adds back the incorrect adjustment as well as to provide for installation of a roof top gravity ventilator system, $5,304, McFarlane Sheet Metal, contractor).

Council Member Lunak stated that the original contract was $701,800 and with this change order the total amount is $905,000, and that there are many more change orders on this project, and asked if this was common. Terry Hanson, Urban Development, reported they have had previous change orders on the project and that this building was an “as built” building, designing the building as it was being built as they wanted to construct the building as quickly as possible (designed footings for the building and started building as architects were designing the rest of the building). It was also noted that the Noah’s Ark building was constructed “as built”, etc. Council Member Lunak asked if there were any limits on cost; Mr. Hanson stated they have to complete the building but normally this is not a process that the City follows for construction but was a result of the flood.

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

APPROVE LEASE AGREEMENT
Consideration of the wireless communication premises site lease agreement, with recommendation to approve wireless communication premises site lease agreements with Northern PCS Services, LLC.

Todd Feland, acting director of public works, reported that Council Member Christensen had asked whether we should receive the same as what the City of Fargo receives on most of their water towers, which is $1,000/month, that he requested that and Northern PCS did provide a response in writing, stating that if the lease agrement is fair and is higher than other cities of comparable size, a rate increase would make it a business decision for Northern PCS to deermine if the revenue generated in this area would pay off. Mr. Feland stated he had talked with Mr. Warne who has been in contact with another company that is interested in the same two water towers and have offered the City $1,000 per water tower - that in the event of consistency that we may want to look at that and also review the response from Northern PCS. Both agreements would be 5-year terms with renewal options. It was noted that there are 4 sites on each of the Viking and UND towers. Council Member Christensen stated we have two issues - 1) if $1,000/month is going rate, and 2) if we have received better deal, go with that, 3) that we have existing leases that have some provisions that allow us to terminate them and raise the rates, and should direct staff to review the existing leases and when have opportunity, to negotiate an increase in rental. Mr. Feland stated two of the existing agreements are with Wireless North, who is our new digital phone provider, and that he has talked with Northern PCS and they are very interested in moving forward with this, and indication from them is that they would like something passed this evening.

It was moved by Council Member Christensen and seconded by Council Member Gershman to approve the wireless communication premises site lease agreement with Northern PCS Services, LLC at a cost of $1,000 month rather than $800.00.

Council Member Gershman stated that it was said that the City can terminate the leases but that the lessee also has the right to terminate the lease, but if others are paying less at this point, not so sure if we have signed a lease in good faith with them that we should terminate a lease.

A representative from Northern PCS Services, Inc. stated they felt $800/month was fair, but stated that PCS would agree to the $1,000 per month cost.

Upon call for the question of the motion and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

Mr. Feland stated that the company whose contract is not before us is having an engineer come to the city to look at the water towers, etc. and also noted that the revenues goes into the Water Utility revenue.

APPROVE APPLICATIONS FOR SITE AUTHORIZATIONS
FOR GAMING PERMITS

Consideration of applications for site authorizations for Special Olympics North Dakota for location at 10 North 3rd Street Jonsey’s Dugout) of 1 blackjack table for period ending June 30, 2001, and for Blue Knights International, Law Enforcement Motorcycle Club, Inc., ND-1) for location at 112 North 43rd Street (Holiday Inn) for June 3, 2001, with recommendation for approval of site authorization applications.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 11 votes affirmative; Council Member Bjerke voted against the motion.

ESTABLISH HOURS AND POLLING PLACES FOR
SPECIAL ELECTION ON APRIL 10, 2001 AND APPROVE
ELECTION OFFICIALS

The matter of establishment of hours and polling places for special election and approval of election officials, with recommendation to approve the list of election officials, polling places, and hours of election from 7:00 a.m. to 8:00 p.m. on Tuesday, April 10, 2001.

Mr. Swanson, city attorney, stated that they may reduce the number of precincts but do have to maintain the vote calculation by precinct; and it would not require having separate judges as long as judges and election officials are there and can efficiently accommodate or insure that the votes are registered for the proper precinct.

Council Member Burke moved that we approve the recommendation and the polling places as presented but ask that in the future the auditor’s office when contemplating special elections, especially small elections, consider whether or not we need polling places in each of the precincts. Council Member Hamerlik seconded the motion.

The city auditor reported that they do consider this on the small elections, however, it is convenience to the voter, that they did an analysis of the cost, cost for two sets of officials is $901.00 and for four precincts, $1,802.00 and have learned over time that when we start changing the voting places it adds confusion for this election as well as the next election and that is why they recommended using all four precincts.

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

ADOPT RESOLUTION AUTHORIZING, SELLING AND
ESTABLISHING THE TERMS OF $1,400,000 GENERAL
OBLIGATION HIGHWAY REFUNDING BONDS, SERIES
2001A, CREATING A SINKING FUND THEREFOR, AND
LEVYING TAXES FOR THEIR PAYMENT

Consideration of issuance of $1,400,000 General Obligation Highway Refunding Bonds, Series 2001A and $1,875,000 Sewer Reserve Revenue bonds, Series 2001B, with recommendation to approve bid award for sale of the $1,400,000 GO Highway Refunding Bonds, Series 2001A and $1.875,000 Sewer Reserve Revenue Refunding Bonds, Series 2001B.

Al Erickson, Springsted Incorporated, reported they took bids today for both of these issues, not new money issues but refinancing of existing issues in effort to take advantage of favorable rates in the bond market and try to save some money. He stated the General Obligation Highway Refunding Bonds came in with a low interest rate of 4.31% from Isaak Bond Investment, Denver, Colorado, and yielded a savings to the City over the life of the new refunded issue of $71,200 approx.; the Sewer Reserve Revenue Refunding Bonds came in with a low interest rate of 4.07% from Isaak Bond Investment, Denver, Colorado, resulting in a savings to the City of over $99,000, almost $100,000, excellent day in the market and for Grand Forks bonds. He stated that Moody’s re-affirmed the rating of Double A3 in the General Obligation bonds and A-1 on the Sewer Reserve Revenue bonds; and recommended acceptance of the bids.

The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond sale of $1,400,000 General Obligation Highway Refunding Bonds, Series 2001 (the “Bonds”) of the City, bids for which were to be considered at this meeting as provided by resolution adopted February 20, 2001. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 3 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8065 - Bids.

Council Member Hamerlik introduced the following resolution and moved its adoption, which motion was seconded by Council Member Brooks: Document No. 8066 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Bakken - 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF SEWER RESERVE REVENUE
REFUNDING BONDS, SERIES 2001B

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $1,875,000 Sewer Reserve Revenue Refunding Bonds, Series 2001B (the “Bonds”) of the City, bids for which were to be considered at this meeting as provided by resolution adopted February 20, 2001. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 4 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8067 - Bids.

Council Member Hamerlik introduced the following resolution and moved its adoption, which motion was seconded by Council Member Brooks: Document No. 8068 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Bakken, Kreun - 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

Council Member Christensen asked if the City were to wait for thirty days until the interest rates go down, if they would anticipate a savings on these bonds, as it appears that the Feds are going to lower the rates by 50 basis points to 100 basis points tomorrow. Mr. Erickson stated Fed will be most likely lowering them tomorrow, however, you will more than likely be hurt on that with this refunding because the rates and the bonds and market already factored that in and what will happen is that the coupons and the bonds will likely stay about the same, the reinvestment rates that you would need for the escrow funds, in the meantime would go down and lose money in the escrow account, and better off right now.

INTRODUCE ORDINANCE CHANGING MEMBERSHIP
OF BOARD OF HEALTH

Consideration of Board of Health - streamlining city council membership, with recommendation to change the Board of Health membership from “two (2) members of city council, one (1) of whom shall be the chairperson of the City’s public safety” to “consist of one (1) member of city council, who, together with representative of the county board..”

It was moved by Council Member Brooks and seconded by Council Member Gershman to approve the recommendation. Carried 12 votes affirmative.

Council Member Kreun introduced an ordinance entitled “An ordinance amending Secton 13-0106 of the Grand Forks City Code relating to the Board of Health composition”, which was presented, read and passed on its first reading.

CONTINUE CURRENT PUBLIC TRANSPORTATION
COMMITTEE UNTIL END OF FEDERAL FISCAL YEAR,
OCTOBER 2001 AND RECONSIDER AT THAT TIME.

Consideration of elimination of the Public Transportation Committee/Dial-a-Ride Committee, with recommendation to approve the current Public Transportation Committee until the end of the federal fiscal year, October 2001.

Bobby Vogel, 2500 14th Avenue South, #11, stated he thinks the committee is valuable as gives citizens opportunity to discuss transportation issues.

Frank Harlow 110 Cherry Street, #102, spoke in favor of continuation of the committee because citizens need to know what is happening with public transportation.

Council Member Hamerlik moved that we approve the recommendation from the committee to continue the transportation committee until the end of this federal fiscal year and at their suggestion come in prior to that time with another recommendation as far as continuation. The motion was seconded by Council Member Lunak.

Council Member Burke questioned if the committee had the authority to take unilateral action on some matters, ie., setting bus routes and if it was the unilateral action of the bus committee to continue the night bus. Mr. Feland stated that the night bus issue was brought to the Public transportation Committee and to city council and was approved; the change in routes was now that they were serving with the night bus and the SuperTarget area once it opened to accommodate that route and was changed by the committee.

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

AUTHORIZE GRANDFATHERING EXISTING MEMBERS
OF GROWTH FUND

Consider Growth Fund Committee, membership composition, with recommendation to consider member composition of the Growth Fund Committee and direct city attorney to amend City Code to reflect necessary changes.

Council Member Christensen stated that the committee of the whole had discussed whether or not they wanted to start cleaning up the committee structure piecemeal, that they did not eliminate the bus committee and will be in the budgeting process examining economic development and the allocation of Growth Fund monies towards economic development in light of other needs for sales tax dollars and suggested that they not eliminate this committee so have a standing committee with city council persons to review any growth fund initiatives, and to delay or defer eliminating of this committee until know what they are going to do with economic development funds in the city as part of the budgeting process.

Mr. Swanson stated that the matter before the council would amend the Code, it would continue the Growth Fund Committee but would amend the Code by eliminating three members from the Urban Development Committee to provide for three members from the city council.; insofar as the Urban Development Committee has been eliminated the issue is whether or not they can continue in that capacity.

Council Member Burke moved that we grandfather the existing members of the committee and direct the city attorney to draft the ordinance to amend the Code so that the mayor in consultation with the council appoint 4 council members upon the next city council election. Council Member Christensen seconded the motion.

Council Member Bjerke questioned why the staff can’t do this work and bring it to the JDA as a whole and questioned the need for four council people to review it and then bring to the council again. Council Member Christensen stated that eventually as this council moves towards restructuring and downsizing to seven persons, and as move through the budgeting process then will probably amend this again and perhaps eliminate the whole committee, this is an interim measure.

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

APPROVE AGREEMENT WITH BN/SF FOR THE DEMERS
AVENUE RR CROSSING

Consideration of construction of a railroad bridge by the Burlington Northern Santa Fe Railway Company (BS/SF) for the English Coulee Diversion extension at DeMers Avenue, with recommendation to authorize the City officials to sign the construction and maintenance agreement with the BN/SF for the DeMers Avenue crossing; authorization will be contingent upon review and approval by the city attorney and staff.

Council Member Lunak asked to be excused from voting on this matter; it was so moved by Council Members Brooks and Klave. Carried 11 votes affirmative.
Council Member Kreun asked if they had been able to negotiate any different items in the maintenance agreement on the bridge.
Mr. Swanson stated he had discussions with the Railroad and they have not outright rejected the City’s proposal but not met with great deal of enthusiasm nor with any indication that it would be acceptable; but did discuss changing some of the language as to the cost of maintenance having to be reasonable, etc.; however, as a practical matter have very little leverage in negotiation, it is property that does need to be acquired for purposes of the English Coulee construction of the flood control project, and anticipate that to be a position and if the council wishes for him to continue and try to negotiate some language changes in the agreement he can do that, but not confident nor hopeful that they will be successful in reaching the goal that was discussed two weeks ago.

Council Member Gershman stated he believes we are under a time constraint on the Coulee Diversion because of the acquisition of property, and moved to approve the recommendation; Council Member Burke seconded the motion.

Council Member Bakken stated they must have some projections on long term maintenance costs of the project, and questioned entering into a project where the City pays for building it, then pays for maintaining it at their price, and suggested putting a limit on the cost of maintenance. Mr. Swanson stated this isn’t much different than the RR crossing issues that we do fairly regularly when we either attempt to change the grade of a street or change the crossing, that the City had a program for a number of years to put in rubber RR crossings - all of those agreements have a similar type language that you have to pay the Railroad to do the work at their rates and provide their insurance - they have the property rights for that particular area that we’re seeking to acquire. He stated even if we were to attempt an eminent domain proceeding, which he isn’t suggesting, but not confident that the City would come out ahead because run into consequential damage issues with the Railroad. He stated they also need to understand that when they first started discussing this with the Railroad they had quite a different plan in mind for what they wanted to ask the City to pay for in the by-pass situation, and agrees that this is not something we like but not sure we have either the leverage or time to continue negotiating with them.

Council Member Burke asked if the City still has the ordinance that provides for a fine if the Railroad blocks the intersection for a certain number of minutes. Mr. Swanson stated that ordinance is still on the books and thought the time limit was ten (10) minutes. Council Member Burke moved an amendment to the motion that we put signs at all of the railroad crossings in the city indicating that ordinance, the time limit and the telephone number to whom people should call if they would like to provide for a fine for overtime blockage of a railroad crossing by a train. The motion died for lack of a second.

Council Member Gershman stated that we should keep this clean, that we are talking about a diversion and a dike project and do not like the terms but really want to keep it neat and clean and get this done and move forward; that there are time issues for engineering department and the Army Corps of Engineers and extremely important we move forward.

Council Member Gershman and Council Member Kreun called for the question. Carried 12 votes affirmative.

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

APPROVE APPOINTMENTS

Mayor Brown announced the appointment of Patricia M. Nies to the Civil Service Commission for a three-year term expiring March 19, 2004. It was moved by Council Member Hamerlik to approve the appointment of Patricia Nies to the Civil Service Commission; seconded by Council Member Klave. Carried 12 votes affirmative.

Mayor Brown announced the appointment of Council Member Lunak to the Pension and Insurance Committee as a representative of the city council to fill the unexpired term of former Council Member Babinchak, term expire September 2003. It was moved by Council Member Christensen and seconded by Council member Kreun to approve the appointment. Carried 12 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Gershman asked council members to consider using excess revenue from the water towers to paint new water towers.
2) Council Member Hamerlik reported he had received communication from Clint Rodningen which he referred directly to the mayor’s assistant.
3) Council Member Bjerke presented matter of second line of defense, and asked what the approximate cost of this would be, how long to implement and what would happen if the water was over the first dike and goes under the second dike into the city; and wanted to know if feasible plan.
4) Council Member Bjerke asked if the Engelstad Arena is required to pay property taxes.
5) Council Member Bjerke requested a report from the Alerus Commission if the City was completely reimbursed for all the expenses of City personnel involved with concert (Back Street Boys) and if they will continue to do that on a regular basis.
6) Council Member Brooks reported he received memo from Laura Driscoll and would like response to that.
7) Council Member Brooks asked for fiscal report on flood protection project on regular basis as to status of project.
8) Mr. Swanson reported that re. flood control acquisitions; that there are offers out on all properties for English Coulee and Phase I that they have appraisals on, have been making offers as appraisals come forward so some property owners will have longer period of time to consider the offer; that the timetable the Corps has set does not allow additional extensions and his office will be proceeding to eminent domain sooner than anticipated, but are making offers to the property owners that if they would enter into an agreement for immediate possession of the property we would allow continued negotiations on the price and if point comes where cannot reach on the price it would not prejudice them from proceeding in court and litigating the issue of value.
9) Council Member Christensen asked for status of house on the wet side of the dike in East Elmwood - It was noted that an offer was made to that party; that property is needed for the project and would assume that within the month if they don’t show some activity, would ask the city attorney to proceed with eminent domain.
10) Council Member Lunak questioned status of cleanup of the former Griffith building. It was noted that building is privately owned and not participating in any rehab program.
11) Council Member Lunak responded to letter written by employee and voiced his personal opinion.

ADMINISTRATOR COORDINATOR COMMENTS

Richard Warne, Administrative Coordinator, reported that the city council recently held a budget retreat and during that retreat set a number of goals and projects to review and study, and presented a draft listing of the items and asked council members to review, call his office in the next few days with any additions or changes to the list.

APPROVE MINUTES MARCH 5, 2001

Typewritten copies of the minutes of the meeting of the city council held on Monday, March 5, 2001, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kreun that the minutes be approved as read. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 01-06 dated March 19, 2001, totaling $1,493,292.39, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Lunak and seconded by Council Member Bakken that the 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, Glassheim, Burke, Gershman, Lunak, Christensen, Klave, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
____________________________________
Michael R. Brown, Mayor