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17851
November 5, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 5, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 5, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: Council Member Lunak - 1.

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

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

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

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

FLOOD REPORT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of 10th Avenue South between South 46th Street and South 48th Street as shown and platted on the original plat of Industrial Subdivision in the city of Grand Forks, ND in order to correct a resolution of vacation previously adopted by the city council on June 14, 1993, the required legal notice had been published calling for a public hearing to be held this evening and further that no protests or grievances had been filed with his office.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

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

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE IN LEVEE ALIGNMENT ALONG
NORTHRIDGE HILLS

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”:

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

The staff report from the engineering department relating to the agreement for construction phase geotechnical engineering services for City Project No. 4769, Raw Water Intake and Transmission Lines, Part I, Intake Caisson, Gravity Transmission Pipelines and River Inlets, with recommendation for approval of Shannon & Wilson, Inc. agreement for geotechnical engineering services to be performed during the construction phase of the project.
It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

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

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

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

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

RECEIVE URBAN DEVELOPMENT QUARTERLY UPDATE

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

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

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

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

APPROVE FIRST AMENDMENT TO DEFINED
CONTRIBUTION PLAN DOCUMENT

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

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

ACCEPT BIDS FOR METAL RECYCLING

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

ACCEPT BIDS FOR SANITATION DEPARTMENT EQUIPMENT

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE INCREASING LANDFILL TIPPING
FEE

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

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

INTRODUCE ORDINANCE INCREASING WASTEWATER
UTILITY FEES

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

It was moved by Council Member Bakken and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

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

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

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

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

APPROVE 2003 TRANSPORTATION ENCHANCEMENT
REQUEST TO ND DEPARTMENT OF TRANSPORTATION

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

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

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

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

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

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

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

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

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

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

APPROVE TRAILHEADS AND RESTRICTIONS FOR
SNOWMOBILES

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

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

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

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

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

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

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

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

DENY PROPOSED RECOMMENDATION FOR ADDITIONAL HEIGHT ON PERMANENT FLOOD PROTECTION PROJECT
FLOODWALLS

The staff report relating to the matter of additional height on permanent flood protection project floodwalls, with recommendation to reduce the additional height on the floodwalls from 3 feet to 2 feet.

It was moved by Council Member Bjerke to reduce the additional height of the floodwalls from 3 feet to 2 feet. The motion was seconded by Council Member Brooks.

Maurice Bushaw, 1601 University Avenue, stated that Grand Forks is the anchor for this whole community, have to save Grand Forks, can’t build a dike high enough to protect against the flood because the water has no place to go, that the Corps does not figure timing and that timing is the most important thing in figuring water, have to have a place for the water to go and it can be done but first have to get the dike done. The Middle River State Watershed Board’s jurisdiction starts north of the Grand Marais River, they can dig a ditch one mile west of Alvarado straight to Canada, that Canada wants a canal, that the idea is that if we had the ditch the water rate would be much faster than the river - still have floods but have to do something to get rid of the water.

Council Member Gershman reported that he has considered the matter of the 2 ft. to 3 ft. and in talking with citizens and council people he is going to go with the 3 ft. because he can’t predict 15 years from now what the technology will be that might allow us to build the earthen dike 3 ft. higher or what will happen to I-29, that someday they will have to reconstruct I-29 and when that happens, they will build it higher esp. if show there is a danger of water coming from the west, and if erring on the side of too much caution, let history be the judge of that.

Council Member Hamerlik asked a procedural question, that the suggestion is to reduce level of floodwalls to 2 ft., and there is a motion that way, and asked if this would be considered a motion for reconsideration, that we are considering a previously passed motion at a certain elevation, and reconsideration of that motion as to height of the floodwalls should be. Mr. Swanson stated it cannot be a motion to reconsider because not brought within a meeting after the action, that he is not sure what action has been taken, when or in what manner, and not in position to advise you in addressing that.

It was noted that the motion was taken on August 21, 2000 the city council approved a 3 ft. increase in the height of the floodwalls to be constructed during the Corps of Engineers permanent flood protection project, with increase to be a betterment and was estimated to cost $3.3 million, and that City staff recommended the increase so that the flood protection system could be raised to a higher protection level if need in future years. Since the levees will have a 10 ft. top width they could be raised in an emergency which the floodwalls could not. Mr. Swanson stated the concern is what was the motion that was made and would have to go back to those minutes. Council Member Christensen stated how could you remedy a wrong if you acted on something with incorrect information, never be able to make any changes.

Council Member Kreun stated we are only discussing 1 ft. on the concrete floodwalls, not the height of the complete dike, and have to clarify that nothing is changed on the dike system that is being designed; and only thing here is that we have some new information on this particular flood by-pass that goes through the Heartsville Coulee which reduces the surface level of the water to a certain degree, that as Mr. Weiland indicated last week that they aren’t totally sure how much that will be but some indication that if will affect us, and if we raise the floodwall freeboard 3 ft. it’s a win-win situation for us because we will have that extra capacity, and will have the ability that the water surface will be a little bit less which is a win-win situation for us, and in all cases it’s a plus for Grand Forks. He stated that the reason this information was brought forward is that they wanted to make sure the council had all the information, wanted the community to see that we are still analyzing this; that this is additional information for council’s review.

Council Member Burke stated that some of the floodwall is to be built next year, and that if the extra 1 ft. isn’t going to do anything for us, it is a waste of money; that East Grand Forks doesn’t feel it’s beneficial and they don’t intend to do anything along those lines; that at some point in the future this project will be going to bid and suggested that we ask the Army Corps of Engineers to bid either a 2 ft. extension and a 3 ft. foot extension while we get further information and they analyze their models because the analysis we have has been done with information and model that a private consultant has done, and not the Corps as they haven’t done a full analysis with the new information or their new model . He stated it was his understanding that the potential flow around the back and to the east of East Grand Forks was not a full analysis. Mr. Grasser stated that was correct and that it wasn’t run by the full computer model, that would be quite extensive modeling process to go through and to try to do that now probably would not qualify for Corps analysis because we’re analyzing an event that’s beyond what they’ve been tasked to perform and would probably come out of betterment monies to do that and has no idea of how long it would take, would be a long term endeavor - up to 6 months or a year.

Council Member Klave stated that some of the information they had in August even though there’s been some different modeling, and some of that information has not changed, still building dikes with 10 ft. tops, and the purpose of those tops was the ability to put 3 ft. of freeboard on top; one of the issues they discussed with their floodwalls that East Grand Forks doesn’t have to put into their discussion is that much of our floodwalls are in people’s backyards, we do not have the capability of going back in and backing up the floodwall with an earthen levee to increase height where East Grand Forks has that capability because their floodwalls are in the open, that we do not have capability of raising these if we don’t do it now.

Council Member Glassheim stated that the Corps was willing to invest $300 million in federal, state and local money to protect the City of Grand Forks to 60 ft. which they thought was sufficient and was 4 or 5 ft. above the 1997 event; that the engineering department recommended raising the floodwalls three more feet, that based on what they knew and the cost and information they had; that the current engineering department concludes that we will be as safe with 2 ft. higher as we thought we would have been with 3 ft. higher, and they recommend that we go to 2 ft., that there was no magic number, and now the 2 ft. elevation above the Corps levee height will give us the same protection as we thought we were going to get with the 3 ft.
Council Member Bakken stated that basin-wide water management is a good plan on paper, that the former council voted in favor of supporting a basin-wide plan, and officially the council stand is that we support that plan and that we should work towards that end but may take considerable amount of time to get there, but would like to have the additional 12 inches on top of those floodwalls that we can’t bring clay in to bring up to that 3 ft. that he feels we need.

Council Members Brooks and Burke called for the question. Upon roll call the following voted “aye”: Council Members Burke, Kerian, Bakken, Kreun, Martinson, Brooks, Bjerke, Stevens - 8; voting “nay”: Council Members Hamerlik, Glassheim, Gershman, Christensen, Klave - 5. Mayor Brown declared the call for the question carried.

Upon roll call vote on the motion to decrease the projected floodwall by one foot, the following voted “aye”: Council Members Burke, Glassheim, Brooks, Bjerke, Stevens - 5; voting “nay”: Council Members Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Hamerlik - 8. Mayor Brown declared the motion defeated and that the floodwalls will stand as they presently are at the 3 ft. increased height of the floodwall for dike protection.

APPROVE AESTHETIC TREATMENTS TO FLOODWALLS

The staff report from the engineering department relating to the matter of floodwall aesthetic design, with recommendation to approve the aesthetic treatments requested by neighborhoods at an estimated cost of $50,000 to be paid out of flood protection betterment funds.

It was moved by Council Member Bjerke to deny the recommendation; Council Member Brooks seconded the motion.

Council Member Gershman stated that the enhancements to the floodwalls are in public places and not behind people’s homes where the public will not see them, that the reaches on the two floodwalls (one on South 3rd Street and the one in the Sun-Beam area) are very long and if you do not break them up aesthetically with architectural treatments, then will look like a slab of cement, and urged the council for $50,000 to have something a little nicer in our community.

Council Member Glassheim asked the council to approve these medallions, that the people in his neighborhood are going to have 7 or 8 blocks of 13 ft. wall across the street from their houses, that the Corps has been wonderful to allow more that just utilitarian cement to face us, does not know the impact on the value of the houses to have something decent across the street rather than just a slab of cement, have to have something across the street but a little bit of visual enhancement would go a long way to make it more palatable and doesn’t increase anybody’s taxes because there is so much allocated for betterments, and need to have the enhancement.

Council Member Christensen called for the question, Council Member Martinson seconded the motion. Carried 13 votes affirmative.

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

It was moved by Council Member Gershman and seconded by Council Member Bakken to approve the recommendation. Upon roll call the following voted “aye”: Council Members Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 7; voting “nay”: Council Members Martinson, Brooks, Bjerke, Stevens, Hamerlik, Burke - 6. Mayor Brown declared the motion carried.

OPEN 30-DAY PUBLIC COMMENT PERIOD ON PROPOSED
2002 CDBG BRICKS AND MORTAR FUNDING

The staff report from the Office of Urban Development relating to the matter of opening 30-day public comment period on proposed 2002 CDBG bricks and mortar funding, with recommendation to open a 30-day public comment period effective November 5, 2001, hold a public hearing on December 17, 2001, and take final action on funding at that time.

Council Member Bjerke moved to delete $70,000 from the LTD Properties, Inc. under the 2002 CDBG committee recommendations and to include those funds in the city engineering mill and overlay project on University Avenue. The motion was seconded by Council Member Brooks.

Council Member Glassheim called for point of order, that the recommendation for tonight is only to set the public hearing. Mr. Swanson ruled the motion is out of order.

It was moved by Council Member Christensen and seconded by Council Member Bakken to approve the staff recommendation to open the 30-day public comment period effective November 5, 2001, hold public hearing on December 17, 2001, and take final action on funding at that time. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE APPLICATION AND PROGRAM DESCRIPTION,
AND AUTHORIZE STAFF TO BEGIN 2002 FUNDING ROUND

The staff report from the Office of Urban Development relating to 2002 Community Events and Arts Program, with recommendation to review and make changes, if necessary, to application and program description, and authorize staff to begin 2002 funding round.

Council Member Burke moved to adopt the application and program description as presented with the following change under G. Review Criteria, Item 1, F) from a dollar for dollar match to a cash match. Council Member Christensen seconded the motion.

Council Member Burke stated that the committee that dealt with this last time found that provision was not well understood, it was the intent that it not be an in-kind match but a cash match and many applicants came in with in-kind matches, and want to clarify that.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

APPROVE APPLICATION FOR CLASS 3 ALCOHOLIC
BEVERAGE LICENSE TO LEGEND FOOD SERVICES, INC.
DBA HUNAN CHINESE RESTAURANT, 2100 SOUTH
COLUMBIA ROAD

The staff report from finance and administrative services relating to application for Class 3 (Off and/or On Sale Beer and Wine) license at 2100 South Columbia Road - change of ownership from Hunan Restaurant of GF dba Hunan Restaurant to Legend Food Services, Inc. dba Hunan Chinese Restaurant, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments (police, fire, health and inspections).

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

APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO RESIDENTIAL BUILDING AT 611
TERRACE DRIVE

The staff report from the assessment department relating to application for exemption of improvements to residential building at 611 Terrace Drive, with recommendation to grant exemption for a three-year period.

It was moved by Council Member Klave and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon voice vote the motion carried 11 votes affirmative; Council Members Bjerke and Stevens voted against the motion.

APPROVE BUDGET AMENDMENTS FOR PUBLIC
TRANSPORTATION DEPARTMENT

The staff report from the public transportation department relating to budget amendment, with recommendation to approve the budget amendment to increase revenue of $293,623.29 from federal funding.

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

The staff report from the Public Transportation Department relating to budget amendment with recommendation to approve the budget amendment to increase revenue from federal funding received for work in progress.

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

APPROVE SANITATION DEPARTMENT FY2002 FEE
SCHEDULE AND EXTRA COLLECTION POLICY

The staff report from the public works department relating to Sanitation Department FY2002 fee schedule and extra collection policy, with recommendation to approve Sanitation Department FY2002 fee schedule and extra collection policy:

It was moved by Council Member Bjerke that beginning January 1, 2002 that we approve the proposed rates for the large inert item collection which is $5 for 5 minutes, the brush chipping which is $5 for 5 minutes, the white good collection which is $10 per collection and for the small inert item collection $5 for 5 minutes, and that public works notify residents through public information, etc. Council Member Burke seconded the motion. Carried 9 votes affirmative; Council Members Klave, Kerian, Christensen, Gershman voted against the motion.

APPROVE ONE-YEAR EXTENSION OF RECYCLING
CONTRACT WITH WASTE MANAGEMENT, INC. AT
CURRENT RATES

The staff report from the public works department relating to recycling service contract extension, with recommendation to approve one-year extension of recycling contract with Waste Management, Inc. at current rate of $2.10 per month per residential unit and $1.05 per month per participating apartment unit; and approve siting a recycling drop off site at the public works facility and other acceptable sites at the earliest possible date.

Council Member Bjerke moved 1) to end curbside and apartment recycling as of 12/31/01, 2) instruct staff to set up 3 drop-off sites by January 1, 2002, and 3) public works and public information to assist Waste Management and citizens to implement a privately run curbside recycling program effective January 1, 2002 and except for the citizens and Waste Management and the billing etc. - that the City gets out of that totally. The motion was seconded by Council Member Brooks.

Council Member Kerian stated this item requires more discussion with the community and in taking this action and invest in other recycling points, we have taken a course of action without good planning and that she hears from people that they want to continue this and want to find ways to make this successful and would like to have more public discussion to improve this program.

Council Member Hamerlik stated that Mr. Feland, director of public works, indicated that one of the reasons for the one-year extension for recycling was to make changes so that it wouldn’t be an automatic renewal of the contract, that there is more than money involved in this - it is environmentally sound to have recycling, but how that is done may be changed, but wise to defeat the motion and have an extension for one year and mandate a recommendation/solution that will better fit our budget and the needs of the community.

Council Member Burke reported that last year he attended a public works committee and suggested that we look at ways to change the contract so that we could find a way to provide incentives to the contractor to pick up more recycling but staff said we were in a 3-year cycle and the proper time to look at changing the contract would be in 2001 when up for renewal and would have the entire year of 2001 to look at this, that they looked at this in the Wednesday afternoon budget club meetings and in the Wednesday night budget meetings, discussed since, and now staff says to extend the current contract because they don’t have time to make the changes that they want, that they have had time to do it, that the issues involved are well known to everyone, and will continue doing this over and over unless put an end to it now, which will force our hand on making a decision about what we really want to do with recycling.

Council Member Gershman stated that there is symbolism involved here also that is important, our high school students work very hard in the high schools to get recycling, and the message if we kill it now to force the issue is not the right message to send to the young people who seem to understand this much better than we do.

Council Member Christensen stated that during the budgeting process some of these things were brought up and there doesn’t seem to be any action on some of these issues, that we need public input and public debate or comment; and called for the question. Council Member Bakken seconded the call for the question. Upon voice vote the motion carried.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Burke - 4; voting “nay”: Council Members Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Hamerlik, Glassheim - 9. Mayor Brown declared the motion defeated.

It was moved by Council Member Hamerlik to approve the recommendation for the one-year extension of the recycling contract. Council Member Klave seconded the motion.

Council Member Burke asked if staff had any discussion with Waste Management, Inc. about renewing the contract. Mr. Feland stated he had not had specific discussions with them but they find it acceptable.
Council Member Burke amended the motion to change the current rate of $2.10 per month per residential unit to $1.90 per month. Council Member Bjerke seconded the motion.

Mr. Feland stated that the current rate has been in place for 3 or 4 years and is the contract that he has asked that knowing among some sectors that it is not popular to begin with, that at best they could accept what we have under the current contract conditions, that he has been told that in East Grand Forks they were looking at increasing their rates, but feels with our current rate they would accept that. Mr. Feland stated that with changing the rate may require us to rebid under the contract document.

Upon call for the question on the amendment, and upon voice vote, the motion failed with 9 votes against the motion; Council Members Brooks, Bjerke, Stevens, Burke voting for the motion.

Upon call for the original motion and upon voice vote, the motion carried 9 votes affirmative, with Council Members Brooks, Bjerke, Stevens, Burke voting against the motion.

APPROVE MINUTES OCTOBER 8, 15 AND 22, 2001

Typewritten copies of the minutes of the special meetings held on October 8 and 15, 2001, and of the regular meeting held on October 22, 2001 were presented and read. Council Member Bjerke stated that the minutes of October 15, 2001 the minutes stated a vote of 8 to 4 and should be 10 to 4 in both the amendment and motion as amended relating to adoption of a resolution delegating authority to department heads for extension of existing grant agreements and authorization for approval of attending budget amendments. It was moved by Council Member Bjerke and seconded by Council Member Brooks to approve the minutes as corrected. Carried 13 votes affirmative.

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment Listing No. 01-21, dated November 5, 2001 and totaling $1,082.500.30 and estimate summaries totaling $2,832,519.62 (Flood Estimate Summary, $3,120.00 and Regular Estimate Summary, $2,829,399.62) were presented and read.

It was moved by Council Member Martinson and seconded by Council Member Bakken that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.

ADMINISTRATIVE COORDINATOR COMMENTS

Mr. Duquette echoed the mayor’s apology about the telephone system today in City Hall, and thanked staff in engineering department, esp. Bonnie MacDonald, who actually received all of the phone calls that came into City Hall today. He also thanked public information and the IS departments for their patience.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks congratulated Mr. Duquette on his permanent appointment as administrative coordinator and presented two items: that they receive a monthly financial report from the Alerus and one from the Airport Authority and would like to get an executive summary financial report from the City. He also asked for status report and if payment related to Congressional I and II. The city auditor reported his office sends out a monthly financial report for the City that was based on a consensus of the council, and would take several man-hours to put together a summary document; and information provided on the computerized basis is the same information that is in the CAFR report which is done fund by fund and have heard from other council member that was sufficient, and if it isn’t, would look at doing something else; had asked for comments and hadn’t received any until tonight.

2) Council Member Gershman reported he had received a call relating to railroad tracks at University and 9th Avenue, that he sent an E-mail to Mr. Duquette and to Mr. Feland, and their response was quick and was able to get information from them and Mr. Jonasson, traffic engineer, and that a suggestion was made and if we could check the signage and improve it as some is obstructed by vegetation, etc. and doesn’t meet the criteria.

3) Council Member Glassheim reported he had attended Jack Lien’s funeral, former council member, with whom he served and reflected that this ordinary person who did extraordinary things for Grand Forks quietly and willing to compromise who served with little ego or sense of self importance but always kept Grand Forks in mind and will miss him.

4) Council Member Burke reported he had read the notes from the public works department meeting and questioned status of the burning of the trees from the August windstorm, whether we will get a break from the State and if it will cost between $300,000 and $400,000 to burn those trees. Mr. Feland reported that after the event of September 11 FEMA wanted to close out their existing disasters and we had one to two weeks to get everything done or to get a work sheet; one of the suggestions they made was that we should incinerate the wood and that would provide the most reduction of the wood waste that we have there, that they wrote a PW for $394,400 but that’s the bar that they set, and that we can get rid of it any way we want, that they will bid to chip it which maybe cheaper and have met with reps. of the ethanol plant in Grafton and they are interested in possibly taking the wood and using it as a part of their operation but don’t have a specific proposal from them and are looking at other means to get rid of the wood; and now have to do within a six months timeframe. He reported that the method of burning is not an open burning situation, but a controlled burn in which the wood is incinerated in a machine and they estimated that would take up to 12 weeks to incinerate all the wood; that the Health Department was concerned about the toxins that would go in the air and wanted to see a different method than an open burning situation.

5) Council Member Hamerlik asked Mr. Feland to comment about the re-established leaf pickup. Mr. Feland stated that before the snow storm they had been through most of the city, they started the second pass last Friday, and goal is to get through the second time and to pick up all the leaves within two weeks.

6) Council Member Hamerlik stated he is assuming the parking is being taken care of for our visitors at City Hall, that visitor parking is important. He also stated that he is a veteran and does celebrate Veterans Day but because we televise on Monday night and that our meeting is scheduled for Tuesday, November 13, rather than the 12th, and asked if it was possible and if the city council would be willing to meet on Monday, the 12th rather than the 13th. Mr. Swanson stated that Veterans Day is a declared official holiday for staff, etc.; under the revisions of the ordinances with calling of meetings, the council could schedule that meeting on the holiday if it chose to, otherwise it automatically goes to the day following the holiday. Mayor Brown asked for a straw vote - November 13 carried as meeting date. It was noted that the meeting will be televised Tuesday night. Council Member Martinson stated this is a different Veterans Day than what our nation has been used to in the past, that September 11 was a rude awakening for all of us, and that we should go out to thank the veterans as leaders of our community, and to thank them for the job they are doing to protect us and to keep our nation free.

7) Council Member Stevens congratulated Mr. Duquette on his appointment as administrative coordinator.

8) Council Member Bjerke reported that there is a meeting at 6:00 p.m. on November 6 in City Hall on the Night Bus Task Force, and will attempt to come to a conclusion to bring to city council. He stated he has brought recycling up several times and suggested having a Recycling Task Force to come up with something because it’s not getting any better.

9) Council Member Brooks presented several items: 1) asked Mr. Feland to express to his crew how proud he was of their work they did during the blizzard, staff did an excellent job; 2) that last week there was an agenda item from Council Member Glassheim regarding the structure of the council, and included in this week’s binder was a written description from him of his thoughts and suggestions and that at tonight’s meeting he expected to have a motion to set up a committee of four to consider the matter of the council structure; however, it was not on the agenda; and that this is an example of why it is not working right. He stated he feels that we should look at it, and moved that the mayor establish a committee of 4 to look into this and bring back to committee of the whole meeting on November 26. Council Member Martinson seconded the motion. Council Member Hamerlik deemed the motion controversial. Mr. Swanson advised that an item not appearing on the agenda does require unanimous consent to be acted upon; and with a declaration of controversial, it would not be unanimous.

Council Member Brooks stated that this was included in their binders and was to have been on the agenda. Mr. Duquette stated there was an error made, and had some confusion in their office on the additional information from Mr. Glassheim about the November 26 committee of the whole meeting. Council Member Hamerlik withdrew his objection. Council Member Glassheim stated that since it wasn’t on the agenda, shouldn’t rush it to a vote tonight, and would rather have a discussion where people are prepared for it and asked that it be placed on the Committee of the Whole agenda. Council Members Brooks and Martinson withdrew their motion, and the item will appear on the November 26 committee of the whole agenda.
10) Council Member Kerian stated that bikes are transportation and that after the October 23 blizzard, the crew did a good job on the streets and also on the bikepaths.

11) Council Member Kerian commented re. the recycling task force, and hope that in the first quarter of 2002, that there be some scheduled activities, some opportunity for public input and discussion so can make decisions about that prior to the budget cycle. Mr. Feland stated that his goal is to have some sites set up early next year, have one at public works and perhaps work with the School District to get something set up there so don’t have to pay to lease land, and before the budget year starts, can discuss it and have surveys, etc. and at that time would have an alternative if they should cut that.

12) Council Member Christensen suggested that they not have a dump site at the public works because that’s out of the way and hope we explore some centrally located sites (quadrantly) so give a fighting chance. He stated that on October 1 he had presented several items: 1) that the mayor direct Mr. Swanson to put together a list of committees, those appointed or confirmed by the mayor, and status. 2) that Mr. Duquette had suggested that we would begin the budgeting process in October and that staff would give us some input as to what they would recommend as where there could be some budget changes, savings, increases of fees or elimination of services so that we have that information by the end of January because then you can engage in debate and have a meaningful budget process rather than getting the same information from staff and not having enough time; if there are going to be some proposed changes that those who are affected are informed because if we have a budget deficit as Mr. Brooks suggests that we have to begin funding, and would encourage the new administrative coordinator to request cutting or elimination so come with a reduction in the next budget and would encourage the mayor, director and staff to begin that; 3) that we would amend the ordinance and get draft ordinance with chief of police and snowmobile club so we don’t have to deal with that issue; 4) that he has received several calls from parents who would like their children to have the ability to ride to Middle School on a bikepath or sidewalk and that we have engineering department and planning and zoning department consider how to get a bikepath that runs from Belmont to the Middle School and how get a bikepath that runs from 17th to the Middle School so have a plan in place for those people come spring.

3) Mayor Brown again congratulated Detective Mike Iwan from the police department, who was honored by the Exchange Club as their officer of the year; congratulations to Urban Development; and to extend our condolences to the family of Jack Lien who passed away because public service does take a tremendous toll on family life and we appreciate his efforts and his family’s support.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Martinson that we do now adjourn. Carried 13 votes affirmative.

Respectfully submitted,


John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor