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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 15, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 15, 2002 at the hour of 7:00 o’clock p.m. following the Board of Equalization meeting with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave (teleconference system), Kerian, Bakken, Kreun - 13; absent: Council Member Martinson - 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 taped and televised.

Mayor Brown stated he had attended the Hands on Learning Fair at the Purpur Arena this weekend and that over 2,000 children came to learn and have fun with their parents, and this exhibit demonstrates quality of life and place to raise your children, that good quality of life is not an accident and takes the constant vigilance of those people to have this happen.

He stated this is National Public Safety Telecommunications Week and time to recognize the efforts of the Public Safety Dispatchers and they are vital to insuring the first responders like police and firefighters get to the scene as quickly as possible and as efficiently as possible and congratulated them.

He stated that an update on the City support for the Amtrak passenger services, that sometime ago the City allocated $25,000 to raise the rail bed in the Devils Lake area, final bill came in under estimates and the Division of Emergency Management returned a check for $9,943.00 to the City of Grand Forks, and they also thanked Grand Forks for their support for neighboring communities in the welfare of North Dakota.

He reported that Council Member Kreun volunteered to be on the Affordable In-fill Housing Committee.

He stated that this coming Friday we have unveiling ceremony at 3:00 p.m. in Memorial Park on the corner of 1st Avenue North and North 3rd Street, an awesome gift by Xcel Energy and invited everyone to attend; that this is an opportunity to reflect on the success over the last 5 years.

He congratulated Larry Johnson who skipped the World Champion Senior Curling Team, nice to have a world champion in our midst and exciting to have Grand Forks continue to be in the curling spotlight and hopefully get a chance to win another world championship in Grand Forks in a couple years.

ADOPT ORDINANCE NO. 3919, ANNEXING LOTS 1
THROUGH 16, BLOCK 1, LOTS 1 THROUGH 10 AND
LOTS 18 THROUGH 24, BLOCK 2 AND LOT 1, BLOCK 4,
CORNERSTONE ESTATES FIRST ADDITION, LESS
PORTIONS PREVIOUSLY ANNEXED

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lots 1 through 16, Block 1, Lots 1 through 10 and Lots 18 through 24, Block 2, and Lot 1, Block 4, Cornerstone (formerly Belmont) Estates First Addition to the city of Grand Forks, North Dakota, less all that portion previously annexed by Resolution No. 4532 and 7037 and Ordinance No. 3732", which had been introduced and passed on its first reading on March 18, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown called for the public hearing. There were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from Tim Crary on behalf of Crary Development, Inc. of an ordinance to annex Lots 1 through 16, Block 1, Lots 1 through 10 and Lots 18 through 24, Block 2, Belmont Estates First Addition to the city of Grand Forks, North Dakota (located in the 5600 block of Belmont Road), with recommendation for final approval of the ordinance, with public hearing for April 1, 2002 and public hearing continued to April 15, 2002.

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

Upon call for the question of adoption of this ordinance and 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 ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3920,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
CORNERSTONE ESTATES FIRST ADDITION (FORMERLY
BELMONT ESTATES FIRST ADDITION)

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Cornerstone Estates First Addition (formerly known as Belmont Estates First Addition) to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 18, 2002 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 for the public hearing. There were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd on behalf of Crary Development, Inc. for final approval of the plat of Cornerstone (formerly Belmont) Estates First Addition to the city of Grand Forks, North Dakota (located in the 5600 block of Belmont Road), with recommendation to give the plat approval on April 15, 2002 subject to the conditions shown on or attached to the review copy, recommend the city council give final approval to the ordinance amending the Street and Highway Plan on April 15, 2002.

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

Council Member Christensen asked that when the second half of this subdivision comes in that notice be given to all the residents on the west side of Belmont and north to 47th and in the Adams Addition which would be on the east side of this, and that be made a matter of record. Brad Gengler, Planning Office, stated that will be in the file.

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

Upon call for the question of adoption of this ordinance and 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 ordinance adopted.

ADOPT ORDINANCE NO. 3921 AMENDING THE ZONING
MAP TO INCLUDE WITHIN THE CORNERSTONE ESTATES
PUD (PLANNED UNIT DEVELOPMENT), CONCEPT
DEVELOPMENT PLAN, THE EAST HALF OF SOUTHEAST
QUARTER OF SECTION 27, T151N, R50W OF 5TH PRINCIPAL
MERIDIAN, INCLUDING ALL OF CORNERSTONE (FORMERLY
BELMONT) ESTATES FIRST 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-2 (Agricultural Reserve) District and to include within the Cornerstone (formerly Belmont Estates PUD) Estates PUD (Planned Unit Development), Concept Development Plan, the East Half of the Southeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, North Dakota, including all of Cornerstone (formerly Belmont) Estates First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 18, 2002, 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 request from CPS, LTD, on behalf of Crary Development, Inc. for final approval of an ordinance amending the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within the Cornerstone (formerly Belmont) Estates PUD (Planned Unit Development), Concept Development Plan (located in the 5600 block of Belmont Road); with recommendation for the final approval of the ordinance and Planned Unit Development, Concept Development Plan, subject to the conditions shown on or attached to the review copy and subject to the following changes: 1) limit the approval to Blocks 1, 2, 3 and 4 of the Cornerstone Estates PUD Concept Development; 2) change the Multi-Family R-3 Type Uses in Block 3 to R-2 Limited Uses, specifically twin homes, two-family dwellings, semi-detached dwellings (subject to the special conditions as set forth in subsection11 of the R-2 zoning district), two-family condominiums or single family dwellings.

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.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3922 AMENDING THE ZONING
MAP TO INCLUDE WITHIN THE NORTH CONGRESSIONAL
PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, ALL OF CONGRESSIONAL FIRST
RESUBDIVISION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the North Congressional PUD (Planned Unit Development), Concept Development Plan, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Congressional First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 18, 2002 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 for the public hearing. There were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from Terry Hanson on behalf of Grand Forks Homes, Inc. for final approval of an ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to exclude from the North Congressional PUD (Planned Unit Development), Concept Development Plan, and to include within the North Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Congressional First Resubdivision, Grand Forks, North Dakota, with all substantive changes lying within Lots 1 through 14, Block 6 thereof (located at 1001-1098 Selkirk Circle), with recommendation for final approval of the request.

It was moved by Council Member Gershman and seconded by Council Member Stevens that this recommendation be approved.

Council Member Klave asked to be allowed to abstain from voting on this matter; it was so moved by Council Member Hamerlik and seconded by Council Member Gershman. Carried 12 votes affirmative.

Upon call for the question on the recommendation and upon voice vote, the motion carried 12 votes affirmative, Council Member Klave abstaining.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Bakken, Kreun - 12; voting "nay": none; Council Member Klave abstaining. Mayor Brown declared the ordinance adopted.

ADOPT RESOLUTION VACATING ALL OF THE REPLAT
OF LOTS 17-20, BLOCK B OF THE REPLAT OF LOT 7,
BLOCK 1, KANNOWSKI'S FIRST ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition from the Managing Partners of Deacons Development, LLP to vacate all of the Replat of Lots 17, 18, 19 and 20, Block B of the Replat of Lot 7, Block 1, Kannowski's First Addition to the city of Grand Forks, North Dakota; the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

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

The staff report from the Planning and Zoning Commission relating to the request from the Managing Partners of Deacons Development, LLP, for approval of a resolution to vacate all of the Replat of Lots 17, 18, 19 and 20, Block B of the Replat of Lot 7, Block 1, Kannowski's First Addition to the city of Grand Forks, North Dakota; said Replat of Lots 17, 18, 19 and 20, Block B of the Replat of Lot 7, Block 1, Kannowski's First Addition to the city of Grand Forks, North Dakota, being vacated was filed in the State of North Dakota, County of Grand Forks, Office of Recorder on October 15, 2001 as Document No. 586912; said property shall hereinafter be described according to the Replat of Lot 7, Block 1, Kannowski's First Addition to the city of Grand Forks, North Dakota, as filed in the State of North Dakota, County of Grand Forks, Office of Recorder on April 14, 2000 as Document No. 571050; the property is located in the 5800 block of Pinehurst Drive; with recommendation for approval of the resolution to vacate as requested.

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

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8153 - Resolution.

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

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING PROJECT NO. 5322, DISTRICT NO. 583

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 583, Project No. 5322, alley paving between University Avenue and 2nd Avenue North from North 12th Street to North Washington Street, had expired on April 8, 2002, and that he had received no written protests.

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

Council Member Bakken introduced the following resolution as to protests, which was presented and read: Document No. 8154 - Resolution.

It was moved by Council Members Bakken and seconded by Council Member Kreun that we find and determine an insufficiency of protest against Paving District No. 583, Project No. 5322, as no protests were filed, and further that the resolution be adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5322, DISTRICT NO. 583

The city auditor presented and read tabulation of bids which had been received and opened on March 25, 2002 for Paving Project No. 5322, District No. 583, alley paving between University Avenue and 2nd Avenue North from North 12th street to North Washington Street, indicating that Tony Anderson Construction was the low bidder based upon their bid in the amount of $24,210.00: Document No. 8155 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 5322, District No. 583, in the amount of $31,000.00 was presented and read.

The staff report from the engineering department relating to bids for City Project No. 5322, District No. 583, alley paving between University Avenue and 2nd Avenue North from North 12th Street to North Washington Street, with recommendation to award contract to Tony Anderson Construction in the amount of $24,210.00.

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

Council Member Bakken introduced the following resolution, which was presented and read: Document No. 8156 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this resolution awarding the contract for Paving Project No. 5322, District No. 583, to Tony Anderson Construction, Inc. be and is hereby adopted. 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 resolution adopted and the contract awarded.

HOLD PUBLIC HEARING ON PROPOSED AMENDMENT
TO 2002 ANNUAL ACTION PLAN (ESTABLISHMENT
OF STOREFRONT REHABILITATION PROGRAM) AND
APPROVAL OF PROGRAM GUIDELINES

The staff report from the Urban Development Office relating to the proposed amendment to 2002 Annual Action Plan (Establishment of Storefront Rehabilitation Program) and approval of program guidelines, with recommendation to close the public comment period, hold a public hearing on the proposed amendment to the 2002 Annual Action Plan (establish a Storefront Rehab Program to be funded out of Unprogrammed Funds), approve the proposed amendment, approve the program description, determine total program funding amount, and establish a review committee.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Terry Hanson, Urban Development, stated they are asking for approval of the six actions regarding this issue, where they have just completed the public heating, that they had a public comment period that also closed this evening and that they had no comments regarding this plan, that they need approval of the proposed amendment, approval of the program description with any amendments and determine the level of funding for the program and establish a review committee for the applications. He stated they would need approval prior to the approval of the plan the level of funding and was it as suggested last week that the level be increased to $20,000 from $10,000, and currently the area would include Gateway Drive from the River to Washington and it would include North Washington and South Washington to 8th Avenue South, and if want to go beyond those areas they would need direction on how far they want to go and they would initiate a study of the area.

Mayor Brown stated that this was the Storefront Rehabilitation Program that was designed to help our downtown stores initially, such as the Griffith's building, that every time he is on talk show or radio he receives questions re. the Griffith's building, and this money is designated for that type of refurbishing, and asked if that building still qualifies for this program. Mr. Hanson stated that under the program it was suggested that the description noted is where this program will be carried out - on Gateway Drive and Washington Street.

There were some questions re. expanding the area to 42nd Street or to the city limits, depending upon desires of the city council but area is as noted in the explanation. Mr. Hanson noted that the application that was brought before the council earlier this year and that the application by the owners of Griffith's building qualifies for this type of program, however, the program suggested tonight only is on the areas of Washington and Gateway Drive. Council Member Lunak asked if the money could be used for demolition of the Griffith's building. Mr. Hanson stated they do not have a program in place today that would allow for that that he is ready to address this evening.

Council Member Kerian moved approve the amendment to the 2002 Annual Action Plan, approve the program description, set the funding amount at $10,000 maximum, charge Urban Development to establish a review committee and that Urban Development investigate extending the program to 17th Avenue South. Council Member Gershman seconded the motion.

Council Member Klave moved an amendment to the motion to expand the program to a minimum of 42nd Street. Council Member Brooks seconded the motion and as friendly amendment to see the area expanded to the city limits as opposed to 42nd Street; Council Member Klave agreed to that.

Council Member Lunak asked if they could expand the program area to 32nd Avenue South. Mr. Hanson stated they could extend the area as far as 32nd but if go past 24th Avenue, and didn't think any buildings past that showing any deterioration. Council Member Lunak then asked for friendly amendment to extend the program area to 24th Avenue South; Council Member Kerian agreed; however, Council Member Gershman stated he had a concern that they are spreading this out and lose all the impact and would rather have it contained and look at extending this next year, and wouldn't accept the amendment.

Mayor Brown stated this goes back to the Griffith's building, it is downtown and the council has an opportunity to improve downtown, that the funds are available and the program is available and missing an opportunity as a governing body to fix an eyesore and a major problem in our downtown. Council Member Hamerlik stated he disagreed because we voted on this and wasn't brought up for reconsideration and that Mr. Sampson stated he was going to use his own funds to take care of and rehab the store. Mr. Hanson stated that is correct and Mr. Sampson did go before the Downtown Design Review Board last week and had some plans approved to do his own renovation of the first floor.

Upon call for the question on the amendment and upon voice vote, the motion was defeated.

It was moved by Council Member Christensen to amend the area to also include our downtown LMI district. Council Member Bakken seconded the motion.

Council Member Brooks stated they addressed the Griffith's building and voted on that and asked the city attorney if this should pass to include the Griffith's building would exclude the Griffith's building anyway, have voted on that and cannot reconsider it. Mr. Swanson disagreed and stated they have acted upon an application for a particular improvement and they do have the ability to make different application for different types of improvements and doesn't think the application is limited to a legal description.

Mr. Hanson reviewed the proposed plan for the Griffith's building that was proposed to the Design Review Committee and was approved, was to allow the owners to put in a door on the side facing DeMers, which will primarily be glass, to fill in the areas that currently are sheetrock and will be vertical grooved plywood siding, the areas on top of the glass areas that are sheetrocked but above the primary windows on both the east and south sides will also be filled in with vertical grooved plywood type siding and the glass that is there will be retained - there will be a new entrance put in on the southeast corner.

Upon call for the question on the amendment (to include the downtown area in the storefront rehabilitation program) and upon roll call vote the following voted "aye": Council Members Christensen, Bakken, Kreun - 3; voting "nay": Council Members Klave, Kerian, Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak - 10. Mayor Brown declared the motion defeated.

Council Member Hamerlik moved an amendment to the motion for the area on Gateway Drive to 42nd Street; Council Member Klave seconded the motion. Upon voice vote the amendment was defeated.

Upon call for the question on the original motion (to approve the amendment and program description and set amount of funding at $10,000, establish the review committee and extend the area to 17th Avenue South) and upon voice vote, the motion was defeated.

Council Member Hamerlik called for reconsideration of the motion, seconded by Council Member Christensen. Upon roll call the following voted "aye": Council Members Brooks, Klave, Kerian, Kreun, Hamerlik, Gershman, Christensen - 7; voting "nay": Council Members Bakken, Bjerke, Stevens, Burke, Glassheim, Lunak - 6. Mayor Brown declared the motion for reconsideration approved.

The city auditor read the motion which is to approve the proposed amendment to the 2002 Annual Action Plan and establishment of a Storefront Rehab Program with program level to be $73,188.00 to be funded out of Unprogrammed Funds, to approve the program description (assistance to business/property owners located on North and South Washington Street from 17th Avenue South to Gateway Drive, and on Gateway Drive from the Red River to North 42nd Street, with maximum grants of $10,000 (and a requirement of a 2 to 1 cash match and a program deadline of Friday, May 31, 2002) and establishment of a review committee.

Council Member Hamerlik moved the question, seconded by Council Member Brooks. Carried 12 votes affirmative, Council Member Christensen voted against the motion.
Upon roll call the following voted "aye": Council Members Kerian, Bakken, Kreun, Brooks, Stevens, Hamerlik, Gershman, Christensen, Klave - 9; voting "nay": Council Members Bjerke, Burke, Glassheim,
Lunak - 4. Mayor Brown declared the motion carried.

ADOPT RESOLUTION AUTHORIZING BOND SALE,
REFUNDING BONDS, SERIES 2002D AND E, ADVANCE
REFUNDING OF GENERAL OBLIGATION (HOTEL/MOTEL
TAX) BONDS, SERIES 1995A AND SEWERAGE RESERVE
REVENUE BONDS, SERIES 1994D

The staff report from the director of finance and administrative services relating to Refunding Bonds, Series 2002D and E, Advance Refunding of General Obligation (Hotel/Motel Tax) Bonds, Series 1995A and Sewerage Reserve Revenue Bonds, Series 1994D, with recommendation to adopt resolutions authorizing the bond sale.

Council Member Hamerlik introduced the following resolution and moved its adoption (Resolution relating to General Obligation Refunding Bonds (Hotel/Motel Tax), Series 2002D; Calling for the Sale Thereof): Document No. 8157 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon, the following voted in favor: Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

Council Member Hamerlik introduced the following resolution and moved its adoption (Resolution relating to Sewer Reserve Revenue Refunding Bonds, Series 2002E, Calling for the Public Sale Thereof): Document No. 8158 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon, the following voted in favor: Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

Council Member Hamerlik introduced the following resolution and moved its adoption, which motion was seconded by Council Member Brooks: Resolution Authorizing Call of Certain Outstanding Refunding Improvement Bonds - Document No. 8159 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

SET PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 621 9TH AVENUE NORTH AS MAY 6, 2002

The staff report from the Inspections Department relating to the substandard building at 621 9th Avenue North, with recommendation to set a public hearing to find the structure substandard and to require the owners to bring property into compliance by demolishing a portion of the structure.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, public hearing on May 6, 2002. Carried 13 votes affirmative.

SET PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 720 NORTH 4TH STREET AS MAY 6, 2002

The staff report from the Inspections Department relating to the substandard building at 720 North 4th Street, with recommendation to set a public hearing to find the structure substandard and to require the owner to bring property into compliance by demolishing structure.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, public hearing on May 6, 2002. Carried 13 votes affirmative.

SET PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 1121 1ST AVENUE NORTH

The staff report from the Inspections Department relating to the substandard building at 1121 1st Avenue North, with recommendation to set a public hearing to find the structure substandard and to require the owner to bring property into compliance by demolishing the structures.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, public hearing on May 6, 2002. Carried 13 votes affirmative.

INTRODUCE ORDINANCE RELATING TO SNOWMOBILE
ROUTES, RESTRICTIONS AND REGULATIONS

The staff report from the City Attorney's Office relating to first reading of an ordinance amending Section 8-1203 relating to route determination authority, with recommendation to approve the ordinance amending Section 8-1203 relating to route determination authority.

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

Council Member Hamerlik introduced an ordinance entitled "An ordinance amending Section 8-1203 of the Grand Forks City Code relating to snowmobile routes, restrictions and regulations", which was presented, read and passed on its first reading.

APPROVE 1968 PLANT FILTER EMERGENCY REPAIRS
AND BUDGET AMENDMENT

The staff report from the Water Treatment Plant relating to the 1968 plant filter emergency repairs and budget amendment, with recommendation for approval of emergency approval to repair 1968 filters and budget transfer for $300,000 to complete the work; funds from Waterworks Capital Fund will be transferred to the water treatment work in progress.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved, exclusive of budget transfer (as noted at previous committee of the whole meeting). Carried 13 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 4815
AND 4816.1, SANITARY SEWER AND WTER SYSTEM
MODIFICATIONS

The staff report from the engineering department relating to Change Order No. 7 for City Project 4815 and 4816.1, with recommendation for approval of Change Order No. 7 for Project Nos. 4815 and 4816.1, sanitary sewer and water system modifications, in the amount of $1,696.10.

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

APPROVE LISTING FOR 2002 SIDEWALK REPAIR AND
CONSTRUCTION, PROJECT NO. 5288

The staff report from the engineering department relating to the location list for Project No. 5288, 2002 Sidewalk Repairs, with recommendation to approve 2002 sidewalk repair list.

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

AWARD CONTRACT FOR PROJECT NO. 5315, VIKING
WATER TOWER RECONDITIONING

The staff report from the engineering department relating to consideration of bids for City Project No. 5315, Viking Water Tower Reconditioning, with recommendation to award contract to low bidder, Odland Protective Coatings, in the amount of $411,800.00; and to approve budget transfer for the transfer of funds from Waterworks Capital Project to Waterworks Transmission and Distribution work in progress.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved, exclusive of budget transfer (as noted at previous committee of the whole meeting). 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 COMPENSATION FOR MEMBERS OF BOARD
OF PARK COMMISSIONERS

The staff report from the Mayor's Office relating to compensation for members of the Board of Park Commissioners, with recommendation to approve compensation of $100 per month for each member of the Board of Directors of the Park District of the city of Grand Forks.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks 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 REQUEST FOR STATEMENT OF QUALIFICATIONS
FOR PROFESSIONAL SERVICES TO EVALUATE BIOSOLIDS
TREATMENT AND DISPOSAL ALTERNATIVES

The staff report from the director of public works relating to a request for a statement of qualifications for professional services to evaluate biosolids treatment and disposal alternatives, with recommendation for approval for the city of Grand Forks wastewater treatment plant.

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

ACCEPT PETITION TO VACATE FIRE LANE AND ACCESS
EASEMENTS IN BLOCK 1, COLUMBIA PARK ADDITION

The staff report from the Planning and Zoning Commission relating to the petition from Terry Rogers, et al, to vacate all that portion of a fire lane easement and a fire lane and access easement lying westerly of a line described as follows: said line is located 11.5 feet westerly of and parallel with the lot lines common to Lots A and D and Lots B and C, Block 1 of a Replat of Lot 1, Block 1, Columbia Park Addition, Grand Forks, North Dakota (located east of South 29th Street between 17th Avenue South and 19th Avenue South), with recommendation to set a public hearing as prescribed by law and give final approval to a resolution to vacate.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks 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, June 3, 2002. Carried 13 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1,
COLUMBIA PARK ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Terry Rogers for final approval (fast track) of the Replat of Lot 1, Block 1, Columbia Park Addition to the city of Grand Forks, North Dakota, including a variance to the subdivision regulations of the Land Development Code as it defines a minor subdivision (located east of South 29th Street between 17th and 19th Avenues South), with recommendation for final approval of the plat, subject to conditions shown on or attached to the review copy, including a variance to the subdivision regulations of the Land Development Code as it defines a minor subdivision.

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



APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SOUTHERN ESTATES THIRD ADDITION

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Southern Estates LLP for preliminary approval of the plat of Southern Estates Third Addition to the city of Grand Forks, North Dakota (located west of South 20th Street and north of 45th Avenue South), with recommendation for approval of the request, subject to conditions shown on or attached to the review copy, and to set a public hearing for May 20, 2002.

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

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 2, ALL OF COLUMBIA PARK 24TH
AND 26TH ADDITIONS; ALL OF SOUTHERN ESTATES FIRST,
SECOND, AND THIRD ADDITIONS, AND ALL OF UNPLATTED
PORTIONS OF WEST HALF OF SOUTHEAST QUARTER AND
ALL OF THE UNPLATTED PORTION OF THE SOUTHWEST
QUARTER OF SECTION 21-151-50

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Southern Estates LLP for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from Southern Estates PUD (Planned Unit Development), Concept Development Plan and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Columbia Park 24th and 26th Additions; all of Southern Estates First, Second, and Third Additions to the city of Grand Forks, North Dakota, and all of the unplatted portions of the West Half of the Southeast Quarter and all of the unplatted portion of the Southwest Quarter of Section 21-151-50 with substantive changes lying south of and adjacent to the Southend Drainway; lying north of and adjacent to 45th Avenue South and lying east of and adjacent to South 26th Street; with recommendation to approve the request, subject to conditions shown on or attached to the review copy, and to set a public hearing date for May 20, 2002.

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

Council Member Hamerlik 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 the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Columbia Park 24th and 26th Additions; all of Southern Estates First, Second, and Third Additions to the city of Grand Forks, North Dakota, and all of unplatted portions of the West Half of the Southeast Quarter and all of the unplatted portion of the Southwest Quarter of Section 21-151-50, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE THE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF HEITMANN WEG ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Adams and Heitmann for preliminary approval of the plat of Heitmann Weg Addition to the city of Grand Forks, lying in the easterly 350 feet of the E One-Half of the Northwest Quarter of Section 35, T151N, R50W of the 5th Principal Meridian (located south of 62nd Avenue SE and west of L & S 3rd Resubdivision (a.k.a. Burke's Addition), with recommendation for approval of the request, subject to conditions shown on or attached to the review copy, and subject to further review by the Planning and Engineering Departments of the future street network in the general area of the plat, and recommend to set a public hearing date for May 20, 2002.

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

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE B-3 (GENERAL BUSINESS) DISTRICT
LOTS 4 THROUGH 8, BLOCK 2, SUNNY NODAK FARMS ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Paul A. Morrison on behalf of Bible Baptist Church, Inc. for preliminary approval of an ordinance to amend the zoning map to rezone from the A-2 (Agricultural Reserve) District and include within the B-3 (General Business) District Lots 4 through 8, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (located at 6367 Gateway Drive), with recommendation for preliminary approval and to schedule a public hearing for May 20, 2002.

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

Council Member Bjerke asked to be excused from voting on this matter, and it was so moved by Council Member Brooks and Council Member Hamerlik. Carried 12 votes affirmative.

Upon call for the question on the recommendation and upon voice vote, the motion carried 12 votes affirmative; Council Member Bjerke abstaining.

Council Member Hamerlik 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 A-2 (Agricultural Reserve) District and include within the B-3 (General Business) District, Lots 4 through 8, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

PORTFOLIO SUMMARY

The Portfolio Summary for period ending March 31, 2002 was presented. Information only.

CONSIDER CODE OF ETHICS FOR ELECTED OFFICIALS
AND DIRECT MAYOR TO FORM TASK FORCE ON THIS
MATTER AND BRING BACK TO NEW CITY COUNCIL AFTER
ELECTION

The staff report from Council Member Bjerke relating to code of ethics for elected officials, with recommendation to discuss draft ordinance on April 8, 2002, discuss draft ordinance and make any changes to ordinance on April 22, 2002, and approve the code of ethics ordinance on May 6, 2002.

Council Member Bakken moved to form task force committee, look into this and bring back to new city council after election; seconded by Council Member Kerian.

Council Member Burke moved to amend the motion on the floor to introduce the proposed ordinance for first reading and that the ordinance should include the provisions for $100.00 (benefit means anything having a monetary value in excess of) on the first page and that on page 4 of the ordinance it should read "..affirmative vote of a majority of the members of the city council), that the task force should be named and report back by Thursday of next week so the information can be disseminated to the council and be prepared to act on the ordinance for second reading at the next scheduled city council meeting, and at that time if they find that they are not of a mind to move forward, then table the second reading and continue to work on the ordinance. The motion was seconded by Council Member Stevens.

Council Members Hamerlik and Gershman called for the question. Upon voice vote the motion carried.

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

Council Member Burke asked that the mover and second of the original motion to change their motion to a vote for the city council to have a code of ethics, and that is the first vote that we should have. Council Member Bakken declined the amendment.

Council Member Glassheim stated that he agrees that the ordinance draft needs work, the sponsor agrees to that, that there are unintended problems that we are not sure of what they mean and need time to look at that, and if serious to have an ethics code we should get it done in a reasonable time; and moved that the mayor appoint a task force of 5 to consider the matter of the ethics proposal and that they bring it back to council for first reading on May 20. Council Member Brooks seconded the motion.

Council Member Brooks questioned whether this item would have to come back to committee of the whole prior to being placed on the city council agenda for consideration. Mr. Swanson stated that the motion as stated directly identifies not only the meeting but the date, which would not include a committee of the whole discussion on May 13, and if choose to do that should either have a friendly amendment or a second amendment. Council Member Brooks stated as second of the motion would second a friendly amendment. Council Member Glassheim stated the extra week would give the committee time to deal with the issues that would be brought and would come to the council meeting on May 20 for preliminary vote and two additional weeks before final vote.

Council Member Burke stated he would like to hear concerns council members have with the ordinance and moved to suspend the rule limiting speakers to two comments during this debate because he thinks this item is of such significance that we don't want to stifle debate among members of the council so that we can explore these issues in front of the public. The motion was seconded by Council Member Lunak.

Mr. Swanson stated that the motion by Mr. Burke to suspend the rules would be in order, that his records indicate that the amendment by Mr. Glassheim that is on the floor, a substantive amendment is to establish a task force of 5 members and that a draft ordinance come back for first reading on May 20 and was seconded, and the motion that you have before you now is a procedural motion on suspension of the rules.

Upon roll call on suspension of the rules where each member may speak to an issue more than twice and upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Burke, Glassheim, Lunak - 6; voting "nay": Council Members Kreun, Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken - 7. Mayor Brown declared the motion defeated.

Upon the call for the question on the amendment by Council Member Glassheim and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Burke, Glassheim, Lunak - 6; voting "nay": Council Members Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 7. Mayor Brown declared the motion defeated.

Council Member Kreun and Christensen called for the question; upon roll call the following voted "aye": Council Members Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 7; voting "nay": Council Members Bjerke, Stevens, Burke, Glassheim, Lunak, Brooks - 6. Mayor Brown declared the motion carried.

Upon call for the question on the original motion and upon roll call the following voted "aye": Council Members Stevens, Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Brooks - 9; voting "nay": Council Members Burke, Glassheim, Lunak, Bjerke - 4. Mayor Brown declared the motion carried.

SET PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 1002 2ND AVENUE NORTH AS MAY 6, 2002

The staff report from the Inspections Department relating to the substandard building at 1002 2nd Avenue North, with recommendation to set a public hearing to find the structure substandard and to require the owners to bring property into compliance by demolishing a portion of the structure.

A written statement from Daniel Nephew was presented requesting an additional sixty days to finish repairs to the foundation to his property.

Mr. Swanson reported that the council cannot take action tonight, that the issue before the council is setting a public hearing, that if the council sets the public hearing and determines at that time it is a substandard building, you can suspend the order of demolition for a period of time, move forward with a demolition order or delay the hearing, you would have to act upon whatever facts or information are available to you at that time.

It was moved by Council Member Klave and Council Member Christensen that this recommendation be and is hereby approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, public hearing on May 6, 2002. Carried 13 votes affirmative.

SET PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 1003 2ND AVENUE NORTH AS MAY 6, 2002

The staff report from the Inspections Department relating to the substandard building at 1003 2nd Avenue North, with recommendation to set a public hearing to find the structure substandard and to require the owners to bring property into compliance by demolishing a portion of the structure.

It was moved by Council Member Klave and seconded by Council Member Christensen that this recommendation be and is hereby approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, public hearing on May 6, 2002. Carried 13 votes affirmative.

APPROVE TRANSFER OF FUNDS FROM ALERUS
CENTER TO CONVENTION AND VISITORS BUREAU

The staff report from the Alerus Center Commission and CVB Board of Directors relating to the transfer of funds from Alerus Center to the Convention and Visitors Bureau, with recommendation to approve fund transfer.

It was moved by Council Member Hamerlik and seconded by Council Member Gershman to approve the transfer of the $100,000 but use carry-over funds in 2163, which is in the Economic Development budget, which is unanticipated cash carryover.

After some discussion relative to the funding, Council Member Burke asked if other governmental entities would be asked to contribute to the marketing fund, that CVB markets both Grand Forks and East Grand Forks jointly. John Staley, Park District, stated they have had discussions about a month ago with officials about the plan and about their ability to contribute towards it and their answer was that they think they could but have to use a different method than what we are using because of their state laws and would be researching it; that they have not had the opportunity to approach the Park District and it would be their intent to do that.

COUNCIL MEMBER KLAVE EXCUSED

After further discussion Council Member Christensen called the question, which was seconded by Council Member Kreun. Upon roll call the following voted "aye": Council Members Stevens, Hamerlik, Gershman, Christensen, Kerian, Bakken, Kreun, Brooks - 8; voting "nay": Council Members Burke, Glassheim, Lunak, Bjerke - 4. Mayor Brown declared the call for the question approved.

Upon call for the question on the motion and upon roll call the following voted "aye": Council Members Stevens, Hamerlik, Gershman, Christensen, Kerian, Bakken, Kreun, Brooks - 8; voting "nay": Council Members Burke, Glassheim, Lunak, Bjerke - 4. Mayor Brown declared the motion carried.

APPROVE GRAND FORKS RENAISSANCE ZONE PROJECT
GF-3 AND SUBMIT PROJECT APPLICATION TO THE
DIVISION OF COMMUNITY SERVICES

The staff report from the Planning Department relating to approval of Grand Forks Renaissance Zone Project GF-3 (located at 312 Kittson Avenue), with recommendation to grant approval to Grand Forks Renaissance Zone Project GF-3 and direct staff to submit the project application to the Division of Community Services for its action.

It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 10 votes affirmative; Council Members Bjerke and Stevens voted against the motion.

APPROVE ISSUANCE OF LOCAL SUPPORT FOR STATE
LOW INCOME HOUSING TAX CREDIT PROJECTS FOR
DEVELOPER

The staff report from the Office of Urban Development relating to local support letter for State Low Income Housing Tax Credit Projects for developer (Section 42 of Tax Reform Act of 1986), with recommendation to approve issuance of local support letter for developer.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 11 votes affirmative, Council Member Bjerke voting against the motion.

APPROVE AMTRAK RESOLUTION

The staff report from the administrative coordinator relating to the Amtrak resolution (supporting the continued funding of Amtrak), with recommendation to approve the Amtrak resolution.

It was moved by Council Member Lunak and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 9 votes affirmative, Council Members Bjerke, Stevens and Burke voting against the motion.

Council Member Lunak introduced the resolution for a strong federal funding commitment to the National Intercity Passenger Rail System: Document No. 8160 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Christensen to adopt the resolution supporting the continued funding of Amtrak. Carried 9 votes affirmative; Council Member Bjerke, Stevens, Burke voting against the motion.

APPLICATION FOR CARNIVAL PERMIT BY JOSEPH'S
MIDWEST OF FUN - INFORMATION ONLY

The staff report from the finance department relating to application for carnival permit by Rodney Hulst dba Joseph's Midwest of Fun, 1823 North Washington Street, #50, Grand Forks, to hold carnival in parking lot at 1707 South Washington Street from May 1 to May 7, 2002, with recommendation to approve application contingent upon approval of the various city departments (police, fire, inspections and health). It was noted that the location of the event has been changed to the parking lot area at Engelstad Arena.

Council Member Glassheim noted that there are two portions to the request, one for approval of the permit and that this is a much smaller show and requesting waiver of half of the license fee (license fee is $675.00).

Mr. Swanson stated that under the City Code the request for license doesn't come to the city council, goes to the fire and health departments, and with respect to a waiver of the fee, the only authority that is in the Code to waive a fee is for an event of this nature is being sponsored by a non-profit and no authority to waive it for any other entity or owner regardless of the size.

Council Member Hamerlik expressed some concern relative to the change in location, which may be close to a residential area because of noise, time, etc. Mr. Hulst stated they were going to do Miller's Mall but that there might have been problems with parking and Engelstad Arena agreed with use of portion of their parking lot, north end of the arena, hours would be 4:00 p.m. to 10:00 p.m., open later on Saturday. Council Member Hamerlik asked that they review location of the carnival with Engelstad staff.

APPROVE BILL LISTING

Vendor Payment Listing No. 02-08, dated April 15, 2002, totaling $680,181.46, were presented and read. It was moved by Council Member Lunak and seconded by Council Member Kerian 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, Kerian, Bakken, Kreun - 12; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES OF APRIL 1, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, April 1, 2002 were presented and read. Council Member Bjerke noted a correction be made to the final vote for approval of the 2002 Beautification Program, vote should be 9 to 3, rather than 9 to 9. It was moved by Council Member Lunak and seconded by Council Member Kerian that the minutes be approved, as corrected. Carried 12 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated he had some concerns brought to him this past weekend on the bridge near 6th Avenue North going over the English Coulee and thanked Mr. Grasser for information; and stated his other item was relating to an issue he brought up at the last meeting re. parliamentary procedure standpoint how much the mayor can address an issue without relinquishing the chair so still have control over the meeting, might be something they could look at as it does come up.

2) Council Member Brooks stated they had a retreat re. budget discussion or outline and that they need to present themselves well - that they have a lot of work to do from both the issues and the way they react publicly, and would be a good idea if they sat down and tried to work through some of these things so can get themselves more attuned to production and less to making comments. Mayor Brown stated he was taking offense that it was being aimed at him, and would hope they would take the opportunity to think before they speak and make the discussion relevant and germane to the issues. Mayor Brown asked Mr. Swanson if he was ready to answer Council Member Brooks' question on how many times the mayor may speak to an issue; Mr. Swanson stated he has not had an opportunity to do that.

3) Council Member Bjerke stated that the sales tax revenue up to the first third of the year are down 4.31% and that the budget is predicated on a 4% increase, and that we are down 8.31% on revenue and sales tax, and asked if the Mayor's Office along with the Finance Department will come up with a plan to address our budget shortfall. The city auditor stated that a one-line item doesn't necessarily indicate a budget shortfall because there are other revenue sources that may be improving so they continually look at that, and if anticipate a budget shortfall then would report that. Council Member Bjerke asked if he could get a listing of revenue items that are increasing.

4) Council Member Bjerke stated he will be presenting two items on the April 22 committee of the whole budget. He also stated he would be happy to assist the mayor in following up and makes sure that the code of ethics gets done and that under Citizens Requests on the agenda, he may be back if the council doesn't address the issue in a timely manner.

5) Council Member Stevens stated he is in favor of the code of ethics because he lives by one and that we need to have rules to follow and judge if our conduct is proper or not.

6) Council Member Hamerlik complimented Chief Packett and Lt. Nelson for the work that they and their staff did last Saturday at University Park, also Steve Mullaly and John Staley and their staff and other departments, for the report and good job done by those people because well prepared.

7) Council Member Burke stated that from his copy of Roberts Rules of Order with regard to the issue of the chair addressing an issue states "...that to participate in the debate he, the chair, must relinquish the chair and in such case should turn the chair over to ... (a list of specifications) and "...that the presiding officer who relinquished the chair should then not return to it until the pending main question has been disposed of since the issue and himself to be a partisan as far as that particular matter is concerned. Indeed, unless the presiding officer is extremely sparing at leaving the chair to take part in debate, he may destroy members confidence in the impartiality of his approach to the task of presiding..."

8) Council Member Burke stated he is not so confident as Mr. Gershman about the CVB looking for additional funds from other sources, that they presented us a budget of $180,000 for their new marketing plan and intended to get $100,000 from the City of Grand Forks and $80,000 from their cash accounts in their own budget, and that they will then have enough.

9) Council Member Burke stated that last Friday he sent an E-mail to Mr. Swanson re. his memo of April 12 in which he expands on some provisions in the NDCC with regard to conflicts of interest, etc.; that in Title 40-13-05 which is officers not to be interested in contracts or work of municipality where it says in part "...except as otherwise provided by law, no municipal officer in a municipality having a population of 10,000 or more shall be directly or indirectly interested in....any contract work or business of the municipality"; that this paragraph states directly or indirectly and his question is whether or not a council member, the owner of a business, could sub-contract to a contractor of the City and asked Mr. Swanson if he had a chance to consider that (Mr. Swanson stated he did not receive the E-mail). Council Member Burke stated that Mr. Kreun and his business have been a sub-contractor to a city contractor and believes he intends to be a sub-contractor in the future, that this is not an item they are considering dealing with in their proposed code of ethics, this is the existing State law. Mr. Swanson stated he provided council members a memo of existing law. Council Member Burke stated he would like to know if that activity is permitted and if it is not permitted, what remedies do they have.

Mr. Swanson stated he was not prepared to give an opinion tonight and that he has not received the E-mail; will provide an opinion when he has an opportunity to research it, will not provide an off the cuff opinion. Council Member Burke agreed to that but was concerned that this doesn't get put off because it deals with a potential violation of State Code that may exist right now. Mr. Swanson stated he would suggest that insofar as the city attorney has no jurisdiction over enforcement of State law, that you may also wish to consider the States Attorneys Office. Mr. Burke stated he would do that. Mr. Swanson stated that with respect to the issue Mr. Burke raised about the role of the mayor, he pointed out that Section 58 of Roberts Rules in discussing the role of the chair points out that it does not apply to bodies of parliamentary procedure or elected officials which do not have to maintain neutrality, that when he and Mr. Brooks spoke last week he told him it would take more research and those were the two competing issues, and is aware in a meeting setting what the role of the chair is but that doesn't mean it applies in a legislative body.

10) Council Member Glassheim stated he was disturbed that this council felt it was inadequate to deal with an issue in a month's timeframe that probably should take two weeks, that there was a 7 to 6 vote not to extend beyond the two speech rule and that if debating something that is confusing or contentious or has a lot of sides to it, that you should allow your colleagues to make the points they have and to ask the questions they have.

11) Council Member Gershman stated that after the flood the Grand Forks Herald received the Pulitzer Prize for community service for the work that they did; that the New York Times recently received the Pulitzer Prize for community service for their reporting of the stories of every single person that died in the Twin Towers, and brings that up because that is an incredibly prestigious honor to win that prize and our local newspaper did it, and congratulated them publicly.

12) Council Member Gershman stated in the Fargo Forum the city of Grand Forks is starting to get some national press, very good AP story - the Fargo Forum did a two-page report on Sunday of the downtowns of Grand Forks and East Grand Forks stating that downtown is back all the way, and the issue is when the city was struggling and should they invest in downtown, one of the arguments made in favor of doing that was that the country will judge us by how we rebuild our downtown, that this is proof and there will be more next week.

13) Council Member Gershman stated he agreed with Mr. Brooks that we have a lot of work to do and he would like to tell the public to rest assured that there will be a code of ethics but it will be done in a reasoned way by reasonable people and will be done in a timely manner for Mr. Swanson, that there will be a code of ethics that everybody can live with and everybody can have this office. He stated we are working closely with the mayor to make the city more efficient, there is dike construction going on, we are working to hold the tax line on the mill rate while maintaining services, there will be strategic planning in the fall, work on continued partnering with UND, people on the council working on wastewater management, water treatment, working on the greenway, affordable housing, capital improvements program, changing the policies and making it more efficient, population growth and youth retention, working to have a smooth transition to a 7-member council, working with economic development corporation to expand our businesses in Grand Forks and bring new ones in and create good paying jobs, working on a wage study so that we will have equity with other cities in this area, that is just a few and brings up to let the public know that this council in spite of what they may have seen tonight where a single issue seems to be so dominating, we are busy working on many other issues and making life better for the citizens of Grand Forks.

14) Mayor Brown stated we have a lot to be thankful for in this community and thanked people for Hands on Learning Fair for doing that for 11 years and showing quality of life in Grand Forks; and reminded everyone that the unveiling ceremony on Friday at 3:00 p.m. in Memorial Park at the corner of 1st Avenue North and North 3rd Street to witness the unveiling of the gifts by Xcel Energy.

15) Council Member Lunak stated that he would volunteer to sit on task force for the code of ethics; Mayor Brown asked council members to submit their names to his office this week.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Bakken that we adjourn. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________
Michael R. Brown, Mayor