City of Grand Forks, North Dakota

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17873
November 19, 2001

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

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 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, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; absent: none.

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 the Sioux football team for winning its first round in Division II playoff, and that we will host the second round game of Pittsburg State, KS on Saturday November 24 at the Alerus Center.

Mayor Brown congratulated the Forks Curling Classic which was a successful event at the Engelstad Arena this last week, the top prize competed for over $10,000, and hope to see that as an annual event.

Mayor Brown reported that we celebrated Youth Appreciation last week, that this started after the flood as a way of showing our appreciation to our youth for all they do and it included free movies, free bowling and other youth oriented activities.

Mayor Brown thanked the Chamber of Commerce for sponsoring the Farmers Appreciation dinner at the Ramada Inn because agriculture is one of the economic legs of our community that we are very grateful for.

COUNCIL MEMBER MARTINSON REPORTED PRESENT

PRESENTATION BY GRAND FORKS AIR FORCE BASE
PERSONNEL

Captain Patricia Lang, public affairs officer at Grand Forks Air Force Base, presented a short video re. Operation Enduring Freedom, what they bring to the fight, what they bring to the community, what they have achieved and what lies ahead. She stated that the Air Force’s 6 core competencies - the things that the Air Force brings to our nation and help in our national defense - the 319th Air Refueling Wing at Grand Forks Air Force Base is involved with 1) rapid global mobility and combat support - that they fly KC 135’s tankers (air refueling) so that they can keep their aircraft airborne going anywhere in the world that they are needed. She gave a brief history of the air force base, which started in 1956 and became operational in 1957; that they have had a number of missions during those years, flown bombers, missiles but since the very beginning have been an air refueling wing and provided that air refueling capability which not many countries in the world have. She stated they completed the imploding of the missile silos and missile alert facilities and will meet their deadline of December 4, and that closes out that portion of the Strategic Arms Reduction Treaty - that one missile silo and one missile alert facility will be maintained through the ND State Historical Society (near Cooperstown) and will be available for historic purposes. She stated they are professionals working together to provide the world’s best air mobility force for America and that is their mission - that they refuel aircraft and transport people and cargo.
She stated they are currently deployed in support of the war on terrorism - Operation Enduring Freedom, and within week after the terrorist attacks happened, they gathered together a huge portion of their Wing and sent them to an undisclosed place and they are refueling - nearly 24 hours/day have one of their tankers airborne that is providing constant air refueling support for all the fighters and bombers that are in action over there. She stated they are also part of Operation Noble Eagle, that’s homeland defense.

She stated that the Air Force is everywhere in the world, and blessed that they can get there and trained to do it - and thanked the community for their support and ask for continued support for the mission they are called to do and that Grand Forks Air Force Base airmen are ready, well trained to do whatever is needed. She also noted that Col. Sable, Wing Commander, and Col. Phillips, Vice Commander, were present in the audience.

ADOPT ORDINANCE NO. 3904, AMENDING TEXT OF
LAND DEVELOPMENT CODE RELATING TO LOT SIZE
REQUIREMENTS AND SPECIAL CONDITIONS FOR NON-
FARM SINGLE-FAMILY DWELLINGS

An ordinance entitled “An ordinance amending specific sections of Chapter XVIII of the Grand Forks City Code relating to lot size requirements and special conditions for non-farm single-family dwellings”, which had been introduced and passed on its first reading on October 15, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII, Article 2, Zoning, Section 18-0207, A-2 Agricultural Reserve District, (6) Required Lot Area, Width, and Depth, (11) Special Conditions (B) Non-farm Single Family Dwellings relating to non-conforming parcels…density requirements for those parcels of less than twenty (20) acres shall be at least at a ratio of one (1) unit per two and one-half acres relating to lot sizes, with recommendation for final approval of ordinance on November 19, 2001. It was moved by Council Member Kreun and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon roll call on the adoption of the ordinance the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3905, RELATING TO AMENDING
ZONING MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT A PORTION OF LOT B, BLOCK 2, ENDRES-RYDELL
ADDITION

An ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and to include within the B-3 (General Business) District, a portion of Lot B, Block 2, Endres-Rydell Addition (being a Replat of Lot 2 of the Replat of Block 1 and all of Block 2, Endres-Rydell Addition), more specifically described as the westerly 209 feet of said Lot B (located at 2700 South Washington Street, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on October 15, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the matter of the request from Saturn Development on behalf of Rydell Chevrolet GMC for final approval of an ordinance to rezone and exclude from the A-1 (Limited Development) District and to include within the B-3 (General Business) District, a portion of Lot B, Block 2, Endres-Rydell Addition (being a replat of Lot 2 of the replat of Block 1 and all of Block 2, Endres-Rydell Addition), more specifically described as the westerly 209 feet of said Lot B, located at 2700 South Washington Street, Grand Forks, North Dakota, with recommendation for final approval of the ordinance. It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon roll call on the adoption of the ordinance, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING TEXT OF LAND DEVELOPMENT
CODE, ARTICLE 2, ZONING, RELATING TO USES PERMITTED
(TATTOO SHOPS AND BODY PIERCING STUDIO) IN B-2
DISTRICTS TO DECEMBER 17, 2001

An ordinance entitled “An ordinance amending the Grand Forks City Code of 1987, as amended, Chapter XVIII, Land Development Code, Article 2, Zoning, Section 18-0215, B-2 (Shopping Center) District, subsection (2) Uses Permitted”, which had been introduced and passed on its first reading on October 15, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Dennis Potter, city planner, stated that one of the elements paralleling with this ordinance was the development through the Department of Health regulations for the operation and asked that they continue this particular ordinance to December 17 to allow the health department to place before council, the health regulations that they are currently preparing.

It was moved by Council Member Kreun and seconded by Council Member Klave to continue the public hearing and second reading of the ordinance to Monday, December 17, 2001. Carried 14 votes affirmative.

DEFEAT ORDINANCE REQUESTING REZONING OF ALL OF
VILLAGE RESUBDIVISION NO. 2 AND ALL OF VILLAGE
RESUBDIVISION NO. 3 WITHIN THE VILLAGE PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3

An ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 20, 2001, and upon which public hearing had been continued until this evening, was presented and read for consideration.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

The staff report from the Planning and Zoning Commission relating to the request from Kevin Ritterman on behalf of Mikkelson Consolidated for the final approval of an ordinance to amend the zoning map to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, ND with recommendation to deny the request to rezone.

It was moved by Council Member Kerian and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: none; voting “nay”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14. Mayor Brown declared the ordinance defeated.

ADOPT ORDINANCE NO. 3907, RELATING TO THE CIVIL
SERVICE CODE

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 and final passage.

Howard Swanson, city attorney, reported he had forwarded to each of the council members a revised copy of the ordinance which incorporated all of the prior amendments and accompanying that was a separate draft of an ordinance that was requested by Council Member Bjerke, that to his knowledge the ordinance would be available for action with whatever additional amendments, if any, the council would choose to include. He stated they would need at a minimum to move an amendment to incorporate those additional changes from the prior meeting.

It was moved by Council Member Hamerlik and seconded by Council Member Kerian that we have the second reading with the additions which were included, including that of Council Member Bjerke, which indicated that there be a notification to the council.

Council Member Christensen stated there had been some conversations between Mr. Duquette and the council regarding the one position at Urban Development which is 60-40% under job sharing and if that had been taken care of. Mr. Duquette stated that there is the opportunity to grandfather these employees in, the additional alternative is to have the employees adjust their schedules (talking about 4 hours) so that each one of them is working 20 hours during the week, and a third alternative is to simply adjust down the 50% benefit to 40% level, which gives the department head a little more flexibility on this matter, and what doing is providing a level of benefits based upon the amount of time they work.

Council Member Hamerlik stated he would include that we keep the ordinance as was described but grandfather those two into it. Council Member Kerian stated concern, as there maybe some temptation to increase the job so that the employee would receive the benefit.

Don Shields, Health Department, stated that he knew the 50% was set, but would urge that they consider the idea of a 40% benefit that would allow departments additional flexibility, and any positions that would have employees in them would come back in terms of classification, because that’s how they would achieve that benefit; that the flexibility would be given to the department and would more easily allow them to match some of their grants, etc. with the particular employee. He stated that by offering pro-rated benefits at the 40% level, that the employee would only receive what the employee would earn. He also noted that when making exceptions but to make that 40% across the board.

Terry Hanson, Urban Development, stated it was not the intent of anyone to take benefits away from a long standing employee of the City, the benefits that this employee is receiving today as a 40% employee and those benefits include pension, life insurance, disability and post employment health plan because she is and has been a classified employee; and is in support of action that would allow them to offer benefits at 40% level.

It was moved by Council Member Kerian to amend the motion to change provision where it states that a classified employee working 20 hours, change to 16 hours or more per week. Council Member Kreun seconded the motion.

Council Member Hamerlik stated he would vote against the motion as he felt an employee should be working at least half time to draw benefits, and is in full support of taking care of these two people, and to grandfather them in would be to remain as they are now, but not change the system for two people. He also stated that we no longer have job-sharing provision in the Code, but have a position that they divide for more than one employee, not considered job-sharing, but two employees. Mr. Duquette stated that the intent of the working group that came together on this matter was to get us to a point where we had classified and non-classified employees, and that intent included pro-rating benefits for classified employees, and originally not how many hours you had to work for those benefits but more an issue of having certain positions within the city service we want to classify who many not be working full-time and leaving the discretion to the department head to make that decision about how many hours that position should work (management decision) and how many hours of benefits that position should receive based upon the hours they worked - that the 50% was included - that the health insurance premium would be the same as if one person worked the position.

After some discussion Council Member Christensen moved to amend the amendment to state that under Section 6-0405, subsection 2) a classified employee shall receive eligible benefits on a prorated basis equal to the number of hours worked as established and approved by the city council. Council Member Klave seconded the motion.

There was some discussion to the motion re. “..as established and approved by the city council.” Mr. Swanson stated the last phrase is intended to modify what benefits council is offering to extend, and Council Member Christensen asked that phrase be left in the motion. Mr. Swanson stated the motion before the council on the amendment is to allow benefits to be provided on a prorated basis, those benefits which are approved by the city council.

Council Members Hamerlik and Lunak called for the question. Carried 14 votes affirmative.

Upon roll call on the amendment by Council Member Christensen the following voted “aye”: Council Members Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Glassheim, Gershman - 8; voting “nay”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Lunak - 6. Mayor Brown stated that the motion carried.

Upon call for the amendment by Council Member Kerian, as amended, to change it to 16 hours or more hours per week but amended to the classified employees receive benefits on a prorated basis. The motion carried 8 to 6 votes affirmative.

Upon call for the original motion as amended the following voted “aye”: Council Members Klave, Kerian, Bakken, Kreun, Martinson, Glassheim, Gershman, Christensen - 8; voting “nay”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Lunak - 6. Mayor Brown declared the motion carried and the ordinance adopted.

COUNCIL MEMBER MARTINSON EXCUSED

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO ANNEXATION OF ALL
OF SHADY RIDGE ESTATES 6TH ADDITION TO
DECEMBER 3, 2001

The city auditor reported that the following ordinance had been missed being placed on the council agenda for tonight’s meeting, and would then need to have a motion to extend the public hearing and second reading of the ordinance: An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota all of Shady Ridge Estates 6th Addition not previously annexed by resolution of annexation filed with the Grand Forks County recorder as Document No. 525980 and filed on September 9, 1996”, which had been introduced and passed on its first reading on October 15, 2001, and upon which public hearing had been continued until this evening.

It was moved by Council Member Klave and seconded by Council Member Bakken to continue the public hearing and second reading of the ordinance to Monday, December 3, 2001. Carried 13 votes affirmative.
APPROVE SPECIFICATIONS FOR FIRE DEPARTMENT
CLOTHING

The staff report from the fire department relating to bid specifications for fire department clothing, with recommendation to approve specifications for fire department station vests compliant with NFPA 1975.

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

APPROVE HOLIDAY BONUS HOURS FOR EMPLOYEES

The staff report from the Human Resources Office relating to holiday bonus hours, with recommendation to approve four (4) holiday bonus hours for contracted and classified employees to be taken between December 1, 2001 and February 1, 2002, and if unusual situations occur, the administrative coordinator can grant exceptions. Those employees receiving benefits on a prorated basis would also receive bonus hours on a prorated basis.

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

APPROVE FEDERAL AID URBAN PROJECTS FOR CON-
STRUC TION YEARS 2003 TO 2005 AND REGIONAL
SYSTEM PROJECTS FOR YEARS 2005 TO 2007

The staff report from the engineering department relating to Urban and Regional Program project request to North Dakota Department of Transportation, with recommendation to approve Federal Aid Urban projects for construction years 2003 to 2005, and regional system projects for 2005 to 2007.

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
DESIGN AND BIDDING FOR REHABILITATION OF SANITARY
SEWER LIFT STATIONS NOS. 6 AND 20, PROJECTS NOS. 5317
AND 5318

The staff report from the engineering department relating to engineering services agreement for the design and bidding for rehabilitation of Sanitary Sewer Lift Station Nos. 6 and 20, Projects Nos. 5317 and 5318, with recommendation to approve agreement with WFW Consulting Engineers for the design and bid of rehabilitation of Sanitary Sewer Lift Stations Nos. 6 and 20, Engineering Services in an hourly not to exceed amount of $62,852.

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

APPROVE CHANGE ORDER NO. 4, PROJECT NO. 5104,
2000 CONCRETE STREET REPAIRS

The staff report from the engineering department relating to Change Order 4 for Project No. 5104, 2000 Concrete Street Repairs, with recommendation to approve Project No. 5104, 2000 Concrete Street Repairs, Change Order 4 for Tony Anderson Construction in the amount of $14,282.91.

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

APPROVE ELIMINATION OF PHASE IV/IA FLOOD
RESPONSE RENTAL PROGRAM

The staff report from the Office of Urban Development relating to elimination of the Phase IV/IA Flood Response Rental Program, with recommendation to discontinue the Phase IV/IA Flood Response Rental Program as of June 1, 2001 with the exception of the homes that are being leased to owners on an interim basis that were displaced as a result of the acceleration of Phase 2 of the flood control project.

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

ACCEPT PETITION TO VACATE DRAINAGE EASEMENT
LYING ON EACH SIDE OF LOT LINE COMMON TO LOTS
4 AND 5, BLOCK 1, SHADY RIDGE ESTATES SECOND
ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of a petition from Lavonne K. Adams to vacate a 30-foot wide drainage easement, 15 feet on each side of the lot line common to Lots 4 and 5, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located east of Adams Drive midway between Shady Ridge Court), with recommendation for approval of the petition to vacate a 30-foot wide drainage easement, 15 feet on each side of the lot line common to Lots 4 and 5, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located east of Adams Drive midway between Shady Ridge Court, and to recommend the city council set a public hearing date.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, January 7, 2002. Carried 13 votes affirmative.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
3, 4, 5 AND 6, BLOCK 1, SHADY RIDGE ESTATES SECOND
ADDITION

The staff report from the committee of the whole relating to the matter of the request from Lavonne Adams for preliminary approval of replat of Lots 3, 4, 5 and 6, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located between Adams Drive and the Coulee and between Adams Court (south segment) and Adam Court (north segment), with recommendation for preliminary approval of the plat subject to the conditions shown on or attached to the revised review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1,
INGWALSON ADDITION

The staff report from the Planning & Zoning Commission relating to the matter of the request from CPS, LTD, on behalf of the Grand Forks Gun Club and Minnkota Power for final approval (fast track) of the replat of Lot 1, Block 1, Ingwalson Addition, Rye Township, Grand Forks County, North Dakota, including a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907; Subsection (2) Rights of way; paragraph (L) Right of Way access; subparagraph 3, Arterials (located north of U.S. Highway No. 2 and west of North 69th Street (a.k.a. the Lagoon Road); with recommendation for final approval of the replat of Lot 1, Block 1, Ingwalson Addition, Rye Township, Grand Forks County, North Dakota, including a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907; Subsection (2), Rights of way; paragraph (L) Right of Way Access; subparagraph 3, Arterials (located north of U.S. Highway No. 2 and west of North 69th Street (a.k.a. the Lagoon Road), subject to conditions shown on or attached to the review copy; and recommend the city council approve the plat.

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

TABLE PETITION TO VACATE “SIDEWALK” DESIGNATION
OF A 2-FOOT WIDE “SIDEWALK AND UTILITY EASEMENT”
IN BLOCK 1, SOUTH PINES ADDITION

The staff report from the Planning & Zoning Commission relating to the matter of a petition from Tim Crary on behalf of Crary Development, Inc. for approval to vacate the “sidewalk” designation of a 2-foot wide “sidewalk and utility easement” lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South, with recommendation to table the petition to vacate the “sidewalk” designation of a 20-foot wide “sidewalk and utility easement” lying 10 feet on each side of the lot line common to Lots 6 and 7, Block 1, South Pines Addition to the city of Grand Forks, North Dakota, connecting South Pines Court with 49th Avenue South.

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

ADOPT RESOLUTION CHANGING THE NAME OF
CAMBRIDGE STREET BETWEEN 10TH AVENUE NORTH
AND GATEWAY DRIVE TO RALPH ENGELSTAD ARENA
DRIVE

The staff report from the Planning and Zoning Commission relating to the matter of the request from the University of North Dakota facilities Department on behalf of the University of North Dakota to change the name of Cambridge Street between 10th Avenue North and Gateway Drive to Ralph Engelstad Arena Drive, with recommendation for final approval of resolution changing the name of Cambridge Street between 10th Avenue North and Gateway Drive to Ralph Engelstad Arena Drive.

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

Council Member Kerian introduced the resolution changing the segment of Cambridge Street between 10th Avenue North and Gateway Drive located in Block 1, Lot 1, University Village Addition commonly referred to as the Bronson Property be changed to Ralph Engelstad Arena Drive: Document No. 8119 - Resolution.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN SOUTHERN ESTATES PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
COLUMBIA PARK 24TH AND 25TH ADDITIONS, ALL OF SOUTHERN
ESTATES FIRST ADDITION, ALL OF THE UNPLATTED PORTIONS
OF THE WEST HALF OF THE SE QUARTER AND ALL OF THE
SW QUARTER OF SECTION 21-151-50

The staff report from the Planning and Zoning Commission relating to the request from Steven Adams on behalf of Art Greenberg for preliminary approval of an ordinance to rezone and exclude from Southern Estates Planned Unit Development and to include in Southern Estates Planned Unit Development, Amendment No. 1, Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, Columbia Park 26th Addition, with recommendation for preliminary approval of the ordinance and schedule a public hearing for December 17, 200.

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

Council Member Kerian introduced an ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, and to include within Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Columbia Park 24th and 25th Additions; all of Southern Estates First Addition to the city of Grand Forks, ND, and all of the unplatted portions of the West Half of the Southeast Quarter and all of the Southwest Quarter of Section 21-151-50 to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE FINAL APPROVAL OF SHADY RIDGE ESTATES
FIFTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Pribula Engineering and Surveying on behalf of Lavonne Adams for final approval of Shady Ridge Estates Fifth Resubdivision to the city of Grand Forks, North Dakota (this plat replaces and supercedes that certain plat of the same name approved by the city council on June 17, 1996) (located between Adams Drive and the Coulee and between Shady Ridge Court and 62nd Avenue South, with recommendation for final approval of plat subject to conditions shown on or attached to the revised review copy.

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

RECEIVE LETTER FROM OPTIONS RESOURCE CENTER
FOR INDEPENDENT LIVING

Mayor Brown reported he had received a letter addressed to him and the city council from Remi Brooke, Options Resource Center for Independent Living, dated November 19, 2001, stating that Options Interstate Resource Center for Independent Living is formally requesting that the bus issue be heard prior to 9:00 p.m. so that individuals with disabilities who use attendant care and public transportation can be home in time for their providers to serve them, and that they feel this is a “reasonable accommodation” as defined by the American with Disabilities Act and Title V of the Rehabilitation Act, and to please see enclosures for clarification.

COUNCIL MEMBER MARTINSON REPORTED BACK

Council Member Lunak moved to suspend the agenda and consider the item relating to reconsideration of elimination of night bus and complementary Night Dial-a-Ride service, seconded by Council Member Klave. Carried 13 votes affirmative; Council Member Stevens voted against the motion.

SUSPEND AGENDA AND CONSIDER MATTER OF ISSUING
AND AWARDING SALE OF 2001D, $13,000,000 SALES TAX
RESERVE REVENUE BONDS (DIKE IMPROVEMENTS)

It was moved by Council Member Hamerlik and seconded by Council Member Brooks to suspend the agenda and to consider the item to authorize issuance and award sale of 2001D $13,000,000 Sales Tax Reserve Revenue Bonds (Dike Improvements). Carried 14 votes affirmative.

The staff report from the finance and administrative services director relating to the resolution authorizing the issuance and awarding the sale of 2001D, $13,000,000.00 Sales Tax Reserve Revenue Bonds (Dike Improvements), with recommendation to adopt resolution authorizing the issuance and awarding the sales tax reserve revenue bonds (Dike Improvements), Series 2001D to finance the acquisition and construction of flood control projects.

Al Erickson, Springsted, commented on the matter of the bond issue: that they took bids on the $13 million bond issue today; that the market has been changing in the last few days because the operation in Afghanistan has been going much better and much quicker than they thought and consumer spirit and the markets are rallying and that the bond market has picked up a little bit; that the rates are slightly higher than they would have anticipated but still outstanding, and received a rate of 4.83% for 20-year bonds which is almost unheard of; that they were able to do depending upon whether the market went up from a few weeks ago or went down, and left the ability to change the size of the bond issue so they could keep the debt service under $1 million per year, which they did, and downsized the issue to $12,745,000, that this had little effect on the amount that was able to be put into the construction account for the dike, that stayed at about $11.7 million; and the best thing about that is that when they did the financial planning for this about year and half or two years ago, they thought this particular issue because of the market at that time was only going to be about $11 million issue but because the rates are low enough this particular issue is going to be able to put about $1.7 million more into the construction account; and that means the City doesn’t have to increase the other bond issues down the line as they finish the dike. He stated that the bond rating from Moody’s and the underlying rating on this particular issue was Aa3, which is significant because it is the first time in the history of the City that a revenue bond was given the same rating that your general obligation bonds were rated, and was outstanding achievement by the City and caps a number of years of work that he and the city auditor have put in talking with Moody’s. He stated they would recommend the low bid from RBC Dain Rauscher, and the bid tabs distributed to the council are the actual bid before downsizing, that today the actual numbers and amounts will be included in the resolution that will be sent to the City from the legal counsel, Mr. Endorf. He reported that they received two bids but had over 16 firms involved in those two bids.

Council Member Bakken introduced the following resolution: Document No. 8120 - Resolution.

Council Member Bakken moved the adoption of the foregoing resolution which motion was duly seconded by Council Member Klave. Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Auditor.

AUTHORIZE PUBLIC TRANSPORTATION TO CONTINUE
TO OPERATE THE CURRENT NIGHT BUS SERVICE AND
COMPLEMENTARY DIAL-A-RIDE SERVICE UNTIL
DECEMBER 31, 2002 AND TO REQUIRE MONTHLY REPORTING
ON NIGHT RIDERSHIP

The Task Force Committee report relating to the recommendation of elimination of night bus and complementary night dial-a-ride service, with recommendation to allow Public Transportation to continue to operate the current night bus service and complementary dial-a-ride service until December 31, 2002.

Council Member Hamerlik moved that we proceed and approve the recommendation from the Night Bus Committee, where service would be extended and budget, which has been prepared by staff would include an approximate amount of $8,500.00 cost to the City of Grand Forks for the night operation, and further that in the event that the Bremer Foundation or any other grant not be available prior to January 1, 2002, that one night be dropped from the routing, and in the event that any other grant ($5,000) not be available that a second night be dropped from the routing. Council Member Glassheim seconded the motion.

Council Member Hamerlik explained his motion - that it is a 6-night route, that we pay $8,500 and have two grants coming in, but if grants do not come in, the options from the committee were to drop one night or two nights, and can continue the bus; and would assume that would carry on not only for the forthcoming year but any time thereafter.

Council Member Lunak stated that certain people have no other way of transportation, that they rely on that bus, and was opposed to the option of dropping one or two nights of service, and suggested continuing the bus service for six night/week and that the Task Force can work with dial-a-ride, and moved to amend the motion to allow public transportation to continue to operate the current night bus service and complementary dial-a-ride service until December 31, 2002. Council Member Christensen seconded the motion.

After some discussion it was noted that the motion was 2002 and not 2001, and Council Member Christensen withdrew his second. Council Member Kerian seconded the motion.

Several individuals addressed the city council requesting continuing of the night bus service:
Cheryl Brooks, 809 15th Avenue South
Petra Clemens, 222 North 9th Street, #1
David Sobolik, Fargo
Michelle Sobolik, 675 North 43rd Street, #9
Tami Staven, 1703 12th Avenue North, #5
Bobby Vogel, 2500 14th Avenue South, #11

Council Member Hamerlik stated that he had made the motion to committee to continue the service for the six nights and they had as an alternative service level to reduce it to five or four nights per week, and that’s what is coming out of the night bus committee; that the motion is not whether or not that they are retaining, that the motion is to retain the service. He stated that we need night transportation services, and that economics in itself should not be the deterrent here; however, the motion which is before the council is a straight six nights per week, and alternatives are gone.

Council Member Brooks stated we have a transportation system and a dial-a-ride system, that we’re trying to run mass transit which we can’t afford; and noted that when we have a discussion on the bus system, representatives of the handicapped community come and that we should be directing it at the handicapped community and run that system to meet that need for a lot less.

Council Member Martinson stated he has problem when he looks at the ridership numbers and cost per rider - should consider subsidizing dial-a-ride or taxicab system, and would like to recommend that they look into another committee to seek an alternative to the night bus system; and that it’s vital that the City provide the type of service for the seniors and the handicapped people.

Mr. Feland stated that other systems were explored but the committee and people attending those meetings wanted the accessibility of the fixed route and preferred having the mid-sized or smaller transit units on the fixed route; that there are various options they could propose or look at, including dial-a-ride next year and may go to one provider, look at City providing dial-a-ride and purchasing several vans, but all those changes will not come without reaction of the people - but need to talk about these issues. It was also noted that public transportation is not self-sufficient.

Council Member Gershman stated in business you have to be there when the public needs you, have to be consistent, that the bus service is for more than the handicapped - that there are people who cannot afford a car and there are people who are not able to drive and people who need the service are productive members of our society - they are going to work, to shop, entertainment, health care, social life, etc. and that’s important. He stated that he would like to see them working towards a smaller vehicle in the evening, and if go to the dial-a-ride option his concern is that going to drive costs up but will preclude those people that need the bus but don’t qualify for dial-a-ride; that these people go through a lot to get to work, they have to add an additional hour to each side of their work per day to do something. He stated that if they have budgeted for the night bus service, and that if they eliminate the night bus service to save $23,000 - the only life styles that it will affect are those people, it will not affect the lifestyle of anyone else in this community - that we subsidize a lot of other things in this community for recreation and not everybody uses all of the services that we provide.

After considerable discussion Council Members Lunak and Stevens called for the question, the call failed.

The city auditor stated that the amendment to the original motion is to allow Public Transportation to continue to operate the current night bus service and complementary dial-a-ride until December 31, 2002.

Council Member Christensen asked the Mayor if he could not direct staff to try a route deviation on demand for 60 days, to try different options and some are afraid if pass this, it will be the same routine and get into budget process and have no alternatives. Mayor Brown reported that he and Mr. Feland had this discussion this afternoon and would still charge him to move ahead with efficiencies and make this system work and make more user friendly and more cost efficient. Mr. Feland stated they will have the opportunity to bid new vehicles beginning next year and to determine if want something smaller; and asked if he has the ability to put vans on the fixed route to see if it works, but didn’t want to feel he was usurping some authority of task force to bring that recommendation to the council.

After further discussion Council Member Glassheim and Brooks called for the question. Carried 14 votes affirmative.

Upon roll call on the amendment to the motion and upon roll call vote the following voted “aye”: Council Members Kerian, Hamerlik, Glassheim, Gershman Lunak, Christensen, Klave - 7; voting “nay”: Council Members Bakken, Kreun, Martinson, Brooks, Bjerke, Stevens, Burke - 7. Mayor Brown voted to break the tie vote, voted in favor of the amendment and declared the motion carried.

It was moved by Council Member Burke and seconded by Council Member Christensen to require a monthly reporting to the city council of the ridership on the night bus service. Upon voice vote the amendment carried 12 votes affirmative; Council Members Kerian and Brooks voted against the motion.

It was moved by Council Member Burke and seconded by Council Member Martinson to use $25,000 from the current transportation budget in 2002 to be used in addition to the current line item for promotions, that there has been discussion with regard to the need for promotion and advertising, can promote it and find out if it will make a difference

Council Member Burke stated that according to staff that under new regulations we’re allowed to capitalize a greater portion of our maintenance so that money that we have obligated now would be freed to use in other ways, and that we are likely to have approx. $300,000 in the coming year that would have otherwise been required for maintenance matches, that there are funds available; and if advertising works it will generate more than what we spend on the advertising.

Council Members Hamerlik and Stevens called for the question, and upon voice vote the motion carried.
Upon voice vote the motion was defeated.

It was moved by Council Member Christensen and seconded by Council Member Kreun to direct staff to come back with plan within 90 days of this evening as to how the night bus service could be run in a more efficient fashion using smaller bus services, incorporating a system similar to our senior bus service with on-demand services as Mr. Foster recommended on May 1, 2001 in his budget presentation.

Council Member Burke asked if they would accept a friendly amendment to include those suggestions but not limit to those so they could include other suggestions as well. Council Members Christensen and Kreun accepted the friendly amendment.

After further discussion Council Member Kreun stated that this has been brought up many times, and would like this to be a final solution by the mayor to direct only Mr. Feland to come up with a solution that they can accept. The mover and second withdrew their motion.

COUNCIL MEMBER MARTINSON EXCUSED

After further discussion Council Members Brooks and Bjerke called for the question and the motion carried 13 votes affirmative.

Upon roll call on the motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Kreun, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian - 8; voting “nay”: Council Member Bakken, Brooks, Bjerke, Stevens, Burke - 5. Mayor Brown declared the motion carried.

APPROVE BID SPECIFICATIONS FOR SMOKE DETECTORS

The staff report from the fire department relating to bid specifications for smoke detectors, with recommendation to approve smoke detector specifications for fire department detector program.

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

APPROVE BUDGET AMENDMENT FOR FIRE DEPARTMENT

The staff report from the fire department relating to a $25,000 budget amendment and approval of specs for fire safety house, with recommendation to approve budget amendment for $25,000 (using insurance settlement) and approve fire safety house specifications for bidding.

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

APPROVE CONTRACT AND JOB DESCRIPTION FOR
ADMINISTRATIVE COORDINATOR

The staff recommendation from the Human Resources Department relating to contract and job description for administrative coordinator, with recommendation to approve the contract, job description for the administrative coordinator position and organizational chart for the City of Grand Forks.

Council Member Gershman moved to approve the contract, the job description for the administrative coordinator position and organizational chart for the City of Grand Forks, with an amendment to sub-section 5 under Essential Functions in the job description to add to the sentence “Represents the Mayor, as directed, at ceremonial functions” the following “.. or delegates such representation.” The motion was seconded by Council Member Christensen.

Council Member Hamerlik asked if council action on September 17, 2001 approving the motion to table the administrative coordinator search and request that the mayor appoint an interim administrative coordinator until at least July of 2002 and at which time the new city council can revisit this position and job description (with friendly amendment to delete “at least”) would need to be vetoed or if the mayor’s action superceded the action of the city council. Mr. Swanson stated he wasn’t aware of any veto being taken by the mayor with respect to that, however, it is his opinion that the council cannot control the mayor as to bringing forward either a proposed appointment or a contract, the council may choose to vote on it or may choose to table it, but doesn’t find that this action would preclude the mayor from bringing forward a proposed job description and a proposed contract.

Council Member Brooks moved to approve the recommendation and to delete the amendment to subsection 5. Council Member Bjerke seconded the motion. Carried 12 votes affirmative; Council Member Gershman voted against the motion.

Upon call for the question and upon voice vote the motion carried 12 votes affirmative; Council Member Bakken voted against the motion.

TABLE MATTER OF POPULATION GROWTH TASK
FORCE RECOMMENDATIONS RE. USE OF NATURAL
RESOURCES

The report from the Population Growth Task Force relating to use of our natural resources, and recommendations were presented. It was moved by Council Member Glassheim and seconded by Council Member Burke to table this matter for two weeks (December 3, 2001). Carried 13 votes affirmative.

APPROVE SPONSORSHIP OF MERRIFIELD ROAD/I-29
INTERCHANGE; ADD INTERCHANGE TO CITY’S CIP IN 2003;
AND PLACE INTERCHANGE IN THE YEAR 2003 IN THE
CITY’S TRANSPORTATION IMPROVEMENT PLAN 2003-2005
SUBMISSION DOCUMENT TO MPO

The staff report from the Planning Department relating to the City of Grand Forks sponsorship of a Merrifield Road/I-29 interchange, add the Merrifield Road/I-29 Interchange to the City’s Capital Improvement Program in the year 2003 and place the Merrifield Road/I-29 Interchange in the year 2003, in the City’s Transportation Improvement Plan 2003-2005 (TIP) submission document to the Metropolitan Planning Organization, with recommendation for approval.
Tim Boese, 2550 73rd Avenue South, stated some of his concerns relating to safety for his children by putting an overpass and interchange at that location and creating a lot of traffic - that there is one business that wants this to happen and impact for 20 residences in that area.

Mrs. Sue Vacek, 7250 29th Street, stated this is near the intersection of Columbia Road and Merrifield Road about a mile north and a block on either side of Merrifield Road there are about 23 houses and contacted 13 families and none were in favor of the interchange because of safety, traffic, noise, and that they are a residential neighborhood and asked to let them stay residential.
Council Member Brooks noted that Dakota Ag Park II, LLC, the legal owner of the real estate adjacent to the southwest corner of I-29 and County Road #6 (Merrifield Road) south of Grand Forks conditionally proposes to gift all the required real estate to the State of North Dakota necessary to complete the proposed southwest access ramp to I-29; conditioned upon the access ramps being fully operational on or before November 1, 2003, and if that was realistic and what would happen if it didn’t occur by then. Dennis Potter, city planner, reported that everything from process standpoint could be done, and stated that there have been conversations with City staff, DOT staff and that this is one of the first steps in the process, that even to consider this have to have it in the Metropolitan Transportation long range transportation plan, that to meet the 2003 goal that has been requested have to take this particular step to get it into the planning process so that if in March of 2002 when the interchange justification feasibility study comes back (that study is already underway through the Metropolitan Planning Organization) and if favorable, then go through the series of public hearings by both the City and the MPO to see whether or not we want to take the step, put it in the plan and then proceed with the rest of the work to try to get the funding put together (the State will not talk about funding until they know its feasible) and then do the construction drawings. He stated if all the steps are not taken, then off by 1 to 3 years, and would be a decision for Brown Corporation to make. Mr. Potter stated that conversations with Agsco and the State, is that if they can meet the schedule, but so early in the schedule premature to judge whether or not can meet it.

Council Member Hamerlik stated that the Merrifield Road bridge is in the MPO plan and the City has passed on that; and asked how important the interchange is to traffic for the use of the Merrifield Road bridge, and if this is an integral part of that. Mr. Potter stated that in the long range transportation plan that the MPO has and that the City has adopted, there is a need for an interchange at Merrifield and I-29 if going to utilize Merrifield Road to cross over the river to East Grand Forks/Polk County side and that has been in the MPO plan and discussed for a number of years, and that has been there even before the Agsco request.

After further discussion it was moved by Council Member Klave and seconded by Council Member Christensen to approve the recommendation. Carried 12 votes affirmative; Council Member Stevens voted against the motion.

APPROVE RECOMMENDATIONS RE. AFFORDABLE
HOUSING PROGRAMS

The staff report from the Urban Development Office relating to affordable housing programs, with recommendation to authorize staff to proceed with obligating HOME funds for the Home Ownership Assistance Program ($200,000), the Acquisition Rehab Program ($200,000), the Affordable In-fill Housing Program ($190,000), and to revert HOME funds for use by the Eastern Dakota Housing Alliance in their Energy Efficient Housing Proposal ($300,000), and authorize staff to issue RFP for in-fill programs.

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

CONSIDER STRUCTURE OF THE COUNCIL

Council Member Glassheim moved that the council elect a select committee of 4 to review the structure of the 14-member council and the transition to a 7-member council and report back to the committee of the whole meeting within three to six weeks. Council Member Brooks seconded the motion.

Council Member Gershman stated that under council comments he was going to ask people who would want to serve to give their names to the mayor’s office so that he and the mayor could review the list of people who would serve on the committee to study the transition to a 7-member council, need to start that now; that the city attorney sent out a memo that there are things they need to do prior to June.

Council Member Glassheim stated he wanted a committee of the council, appointed by the council, to study some sort of organizational structure for both the 14 members and transitioning to the 7 members, and would like to have a time frame so that they can get the major organizational outline for the 14, if any, and for the 7. Council Member Brooks stated that with 14 people they have only two positions (president and vice president) and need to look at the structures in councils (committees - portfolios or areas of responsibility) and need to fine tune the system we have. Council Member Hamerlik stated they should be concentrating on next July, working on the 7-member council and where to go with committee structures and how they may proceed, and not even looking at any changes with the 14-member council.

COUNCIL MEMBER STEVENS EXCUSED

After further discussion Council Member Brooks and Christensen called for the question. Carried 12 votes affirmative.

Upon roll call the following voted “aye”: Council Members Kreun, Brooks, Burke, Glassheim, Bakken - 5; voting “nay”: Council Members Bjerke, Hamerlik, Gershman, Lunak, Christensen, Klave, Kerian - 7. Mayor Brown declared the motion failed.

COUNCIL MEMBER STEVENS REPORTED BACK

It was moved by Council Member Hamerlik that the mayor appoint a committee to start reviewing the needed procedural and ordinance changes for the council of 7, which takes effect in July, 2002. Council Member Gershman seconded the motion. Upon voice vote the motion carried 10 votes affirmative, with Council Members Bjerke, Stevens and Burke voting against the motion.

APPROVE MINUTES NOVEMBER 5, 2001

Typewritten copies of the minutes of the regular meeting held on November 5, 2001 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved as read. Carried 13 votes affirmative.

APPROVE BILL LISTING

Vendor Payment Listing No. 01-22, dated November 19, 2001 and totaling $1,257,897,25, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.
ADMINISTRATIVE COORDINATOR COMMENTS

Mr. Duquette, administrative coordinator, reported that there have been some changes in the agenda binders that are sent to the council members and department heads, that they have the ability with some of the newer equipment to have staff reports scanned into computer and departments can download information, binders will be sent to the council members. He noted that in the future they will be putting all that information on the internet and would be available to the public and departments; and would save on staff time.

Mr. Duquette stated he had put together a working group on overtime involving department heads of human resources, finance, police, fire, public works and Council Member Lunak who has done some research on this in the past; and his suggestions are that they want to aim towards a directive from the mayor that indicates that overtime calculations would be done consistently throughout the departments and that calculation would be based upon hours worked in excess of 40 hours per week, that those 40 hours would not include vacation time, holiday time or sick leave, that there are some inconsistencies in some departments. He stated they wanted to look at the possibility of some flexible scheduling, maybe some rescheduling as that allows with some departments, explore making certain positions in the upper management level exempt. Council Member Lunak stated another matter that should be discussed is a print-out of all departments from 1996 to 2001 and payrolls.

Mr. Duquette commented on how he was going to do business with the council, that he works for the mayor and that the council is the board of directors and will bring both positives and negatives to them so no issues off guard. He stated that in June of 1997 he and other staff who worked through the flood in April and May were asked to reconstruct the hours they worked, they reconstructed those hours and submitted those for payments from the council for time and a half, that his calendar had a mistake on it where he had listed April 31 and brought to his attention by Human Resources and asked that it be corrected in June of 1997; that today a member of the television media was in finance asking to review those payments, in particular his, that he has no problems with anybody looking at anything about him, not a big issue, but wanted to bring it to their attention. He stated he was not going to allow the council or the mayor or the community to be subjected to apprehensions or misunderstandings about his integrity, and even these issues will bring to their attention. He stated he was very upset that somebody was playing the game of “leaking it to the media” because they are angry about something he is doing with overtime or something that has happened in the past - and would leave it at that.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Gershman thanked Council Members Stevens and Kreun for time spent in mediation and staff; and asked that those interested in being on the committee of council structure for 7-members to give names to the administrative coordinator and that he and the mayor will go through and look at that. He stated that those who are interested in looking at the redistricting to give their names to Mr. Duquette and will select several to look at that before it comes to council.

2) Council Member Stevens thanked Mr. Swanson and Mr. Duquette for serving on the committee with them, had good relationship and did a good job. Council Member Kreun also thanked Mr. Swanson and Mr. Duquette.

3) Council Member Bjerke asked that they place on the committee of the whole the matter of December 24 and December 31 (Mondays) to decide how they are going to meet during the end of December.
4) Council Member Bjerke stated that all the council members received information on the mill levies and what they are going to pay for taxes in the next year - that the Park Board raised the taxes, the School Board raised the taxes, the County raised the taxes, the City raised the taxes and house went up in value so had an inflationary rate and will pay a special assessment on the dike - and the reason some of them are concerned about money is when your property taxes increase in 6 ways, perhaps should start thinking about how they are spending our money.

5) Council Member Christensen stated that if the agenda is not placed on the web site it should be (it is on the web site) and that publicizing the agenda on Channel 3. Mr. Duquette stated that Planning and Zoning Commission items will be on the internet plus staff reports.

6) Council Member Lunak stated that when Richard Warne resigned and left there were some allegations made that there were personal phone calls and asked if that matter was followed up; Mr. Duquette stated there were some phone bills in the amount of approx. $330 that were left with the property that the City owned and was being leased, and it was his recommendation to the department head that program income be used to pay those bills to the City of Grand Forks and have left it at that at this point. Council Member Lunak stated he had some information he would give to Mr. Duquette.

7) Council Member Lunak asked why they do not receive any information (monthly budget report) on Alerus Center; and also noted that when the City gave them $600,000 and if they were to draw off that, they were to come to the council. The city auditor stated the monthly budget report is filed with his office and they send it out; and that the understanding was that the City would hold it for the Alerus to draw on and the auditor’s office would report on that, and because it is a new operation this year they have asked the Brady firm to do a specific audit starting in the next week. Council Member Lunak asked the cost of the audit report and as of the end of September $280,000 in the red and if they drew off the $600,000. The city auditor reported they had - and we have actually cash flowed them $756.,000 but they are also looking at their cash flow and will be repaying a portion of that so eventually the ending cash flow adjustment that his office will end up giving them a total of about $450,000, $300,000 of that will be for an operating deficit that they are anticipating this year, and that may change based on the play-off games that they are getting extra and also because last year they started operating prior to any revenue stream coming in, we had to give them a cash flow of about $135,000. Council Member Lunak stated he would also like to have information re. concerts, amount that a concert brings in, pay out and net. The city auditor reported that in visiting with Mr. Kossow that he should come in and report because in reality the event center itself is operating in the black, drawdown is the convention side of it; and if only operating an arena event center, we would be well in the black.

8) Council Member Brooks stated the Alerus is a concern that everyone has, yet we don’t have them as a regular reporting on the agenda and stated we should have on each council meeting a short segment of the agenda to address a number of those where we have regular reports and communicate with them (the Airport Authority, the Park District, the School District, County Commission, East Grand Forks Council). He stated in the case of the Alerus they have some definite questions they would like to ask, etc. and perhaps as they look at the transition committee can look at as a section of their regular agenda for meeting with these different groups. Council Member Bjerke asked if they could have the matter of the Alerus on the committee of the whole agenda.

9) Mayor Brown asked the city council members interested in redistributing the wards and/or transition to a 7-member council to turn in their names to his office. He asked three council members to serve on the Wage Study group - Council Members Gershman, Kerian, Christensen - Mayor Brown asked anyone else interested to call his office.

CONSIDER MATTER OF ATTORNEY/CLIENT CONSULTATION
ON PENDING LITIGATION AND RECESS INTO EXECUTIVE
SESSION

Mr. Swanson reported there are two matters of pending litigation that he would like to make a report to the council, one is a report concerning a proposal for settlement and the other is a report concerning the initiation of arbitration and that it may be appropriate as he would like to give council attorney/client communication, that you consider going into executive session under NDCC 44.04 and if the council were to take any action you would need to convene back in as a city council and do that in a public forum. He stated that any staff that would be appropriate stay, that includes the city auditor for financial and also his staff to record the meeting, as well as the city engineer.

It was moved by Council Member Kreun and seconded by Council Member Bakken to recess into executive session under North Dakota Century Code 44-04. Carried 13 votes affirmative.

RECESS INTO EXECUTIVE SESSION

COUNCIL RECONVENES FOLLOWING EXECUTIVE
SESSION, AND APPROVE SETTLEMENT PROPOSAL
TO VALLEY MEMORIAL HOMES

The city council reconvened after the executive session with the following members present: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Klave, Kerian, Bakken, Kreun - 12.

Mr. Swanson stated that based upon their discussion during the executive session, he would present a settlement proposal that arrived in mediation in which the City would pay an additional $1.5 million to Valley Memorial Homes for acquisition, they would waive any claims for additional compensation for fair market value, they would waive their claim for any interest, attorney’s fees, expert fees or costs additionally that the City extend the present $250,000 loan to January 1, 2007, continue with terms without interest. It was moved by Council Member Kreun that we accept that settlement proposal, seconded by Council Member Stevens.

Mr. Swanson stated that if this motion were passed his office would be filing a stipulation to that effect with the Court and the Court would be entering a final order of condemnation.

Upon roll call the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Klave, Kerian, Bakken, Kreun 10; voting “nay”: Council Members Lunak, Bjerke - 2. Mayor Brown declared the motion carried.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor