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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 20, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 20, 2002 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 (teleconference), Kreun, Martinson - 14; 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 made the following announcements:
1) Congratulations to Fine Print, Don and Joanne Kuntz, for being recognized by the Small Business Administration as the 2002 North Dakota Small Business Persons of the Year, that as part of the recognition Don and Joanne Kuntz were invited to give their testimony to the House Subcommittee on Small Business in Washington, D.C. and this is the second year that a Grand Forks company has been recognized with this award - there are symbols of hard work and strength of heart that our community is so proud of and thanked them for what they and so many others in the business sector do for our community.
2) He thanked Governor Hoeven who was here this last week to visit our city and tour our flood protection project; he is very interested in the progress we were able to show him and he continued to offer support for this project and for Grand Forks as a whole and for the greenway task force and becoming a state park by recommending how we can tap the knowledge and expertise of state officials.
3) He stated that next week is Memorial Day and in observance of Memorial Day the committee of the whole will meet on Tuesday, May 28, at 7:00 p.m.
4) Leadership meeting was held with East Grand Forks Mayor Stauss and their council president, Punky Beauchamp, our council president Hal Gershman and himself - monthly meetings will be set up with this group and correlating meetings between the two councils, and that this communication will help them stay focused on working together on matters that impact both communities.

TABLE ORDINANCE RELATING TO JUNK, ABANDONED
VEHICLES, ETC. ON PRIVATE PROPERTY

An ordinance entitled "An ordinance amending Sections 13-0701, 13-0603 and 13-0706 of the Grand Forks City Code relating to junk, abandoned vehicles, building materials, etc.", which had been introduced and passed on first reading on May 6, 2002, was presented and read for consideration on second reading.

It was moved by Council Member Gershman and seconded by Council Member Kerian to table the second reading of the ordinance until the next committee of the whole meeting. Carried 14 votes affirmative.

TABLE ORDINANCE RELATING TO OFF-STREET PARKING
AND LOADING IN RESIDENTIAL AREAS

An ordinance entitled "An ordinance amending Sections 18-0302(5) of the Grand Forks City Code relating to off-street parking and loading", which had been introduced and passed on its first reading on May 6, 2002, was presented and read for consideration on second reading.

It was moved by Council Member Gershman and seconded by Council Member Kerian to table the second reading of the ordinance until the next committee of the whole meeting. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3924, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SOUTHERN ESTATES
THIRD ADDITION

An ordinance entitle "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 had been introduced and passed on its first reading on April 15, 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 deputy 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 her 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 Southern Estates LLP for final 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 final approval of the request from CPS, LTD. on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Third Addition to the city of Grand Forks, North Dakota, subject to conditions shown on or attached to the review copy; recommend the city council give final approval.

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

Upon call for the question of adoption of the 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3925, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTHERN ESTATES PUD, 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 THE WEST HALF OF SE QUARTER AND ALL OF UNPLATTED PORTION OF SW QUARTER OF SECTION 21-151-50
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 Hal of the Southeast Quarter and all of the unplatted portion of the Southwest Quarter of Section 21-151-50, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 6, 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 deputy 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 her 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 Southern Estates LLP for final 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 Hal 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 for final approval of the request, subject to conditions shown on or attached to the review copy and that the city council given final approval.

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

Upon call for the question of adoption of the 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3926, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF HEITMANN
WEG 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 Heitmann Weg Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 15, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final approval.
The deputy 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 her 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 Adams and Heitmann for final approval of the plat of Heitmann Weg Addition to the city of Grand Forks, North Dakota, lying in the easterly 350 feet of the E l/2 of the E/12 of the NW 1/4 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 final 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 the city council give final approval.

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

Upon call for the question of adoption of the 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3927, AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT, LOTS 4 THROUGH 8, BLOCK 2, SUNNY NODAK
FARMS ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, 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", which had been introduced and passed on its first reading on April 15, 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 deputy 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 her 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 Paul A. Morrison on behalf of Bible Baptist Church, Inc. for final 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 to give final approval of the ordinance at a public hearing on May 20, 2002.

It was moved by Council Member Kerian 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 issue, and it was so moved by Council Members Brooks and Kerian. Carried 13 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Bjerke abstaining.

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

CITIZEN REQUEST TO ADDRESS COUNCIL

Mark Milligan, 5102 West Maple Avenue, stated that in light of what has been going on with the recent news about ethical standards and questions of whether the board should have an ethical code or if there should be an opinion from the Attorney General's Office and that a letter has been distributed to the council members and read the letter stating that if it takes an example from the residents/homeowners to point out to the council and mayor's office importance of ethics in government. He stated that in November 1999 he and his wife purchase a Congressional home, they found defects in the construction (one-year warranty on house), that on several occasions Grand Forks City employees (Chuck Church, Ken Arnold and Jerry Barton) were at his home along with Klave Construction who was directed by the city workers to make needed repairs on his home and other Congressional homes. He stated it would be that of the ND Attorney General that if a person is representing the City of Grand Forks, i.e., city council members not participate in projects that any city employee or city agency hires or contracts them to do, council members shouldn't even offer the services of their private companies to do such work, it is not ethical to have these kind of dual relationships. Codes of ethics warn professionals about these types of things, most people believe that council members are professionals, the City of Grand Forks does not need to open themselves up to the kind of liability that unethical practices bring; the city attorney can have an opinion but the appearance of impropriety are often as unethical as the unethical practices themselves. He stated as a taxpaying resident and a professional who answers to a code of ethics, the city council certainly needs the opinion of the Attorney General regarding conflicts of interest.

Council Member Lunak stated they went through this 2 - 3 years ago and there was no conflict then, that Klave Construction didn't receive any money from the City but from Grand Forks Homes. Mr. Milligan stated the relationship Grand Forks Homes had with Grand Forks was so close, and that the Housing Authority is part of the city of Grand Forks. Mr. Warcup, asst. city attorney, stated the City of Grand Forks has the Urban Development Office but also Grand Forks Homes which is a separate entity.

Council Member Klave stated they were hired by Grand Forks Homes, and that anything they did was done under the direction of the board of directors of Grand Forks Homes, and not done by the direction of any employee of the city.

Council Member Kerian responded to the part of the letter stating that the city attorney can certainly have an opinion, that we can all have an opinion but when the city attorney gives an opinion it is a legal opinion based on research and knowledge, and holds that in different esteem and his professional reputation is at stake in those opinions which is different from the opinion you and I may have.

After further discussion Council Member Brooks stated that last week the city attorney stated he had given a ruling on this and we all have some concepts of what is a conflict of interest and what isn't, and that we need some kind of a guideline to go by, that we have formed a task force and hopefully bring one forth and have some of the guidelines.

SUSPEND AGENDA

It was moved by Council Member Christensen and seconded by Council Member Klave to suspend the agenda to move item 5.13 Bids for City Project No. 5328, District No. 384, Linden Court paving from 10th Avenue South to 15th Avenue South to the beginning of the discussion/action items. Upon roll call the following voted "aye": Council Members Brooks, Burke, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 10; voting "nay": Council Members Bjerke, Stevens, Hamerlik, Glassheim - 4. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE TO ANNEX LOTS 1 - 15, AND
A PORTION OF LOT 16, BLOCK 1, LOTS 1 - 15 AND A
PORTION OF LOT 16, BLOCK 2, SOUTHERN ESTATES THIRD
ADDITION AND UNPLATTED PORTION OF SW-1/4 SW-1/4 OF
SECTION 20, T151N, 40W OF 5TH PM

The staff report from the Planning and Zoning Commission relating to the request from Guy Useldinger on behalf of Southern Estates LLP for approval of an ordinance to annex Lots 1 through 15 and a portion of Lot 16, Block 1, and Lots 1 through 15 and a portion of Lot 16, Block 2, Southern Estates Third Addition and an unplatted portion of the Southwest Quarter of the Southwest Quarter (SW-1/4 SW-1/4) of Section 20, T151N, R50W of the 5th PM, being a strip of land 140 feet in width lying west of and adjoining the westerly right of way line of South2 5th Street as platted in said Southern Estates Third Addition, less that portion previously annexed as Resolution No. 7777 and recorded as Document No. 564965. This property is located west of South 20th street and north of 45th Avenue South, with recommendation for preliminary approval of the ordinance and set a public hearing for July 1, 2002.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lots 1 through 15 and a portion of Lot 16, Block 1; Lots 1 through 15 and a portion of Lot 165, Block 2, Southern Estates Third Addition and an unplatted portion of the Southwest Quarter of the Southwest Quarter (SW-1/4 SW-1/4) of Section 20, T151N, R50W of the 5th Principal Meridian to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
ACCEPT PETITION TO VACATE UTILITY EASEMENT
LYING SOSUTH OF AND ADJ. THE NORTH LINE OF BLOCK
1, PERKINS THIRD ADDITION AND BLOCK 1, PERKINS
FOURTH ADDITION

The staff report from the Planning and Zoning Commission relating to the petition from David J. Parker, Trustee for D.J. Parker Profit Sharing Plan and Trust, Perkins Land Company and Allan Eide for approval to vacate a 10-foot wide east-west utility easement lying south of and adjoining the north line of Block 1, Perkins Third Addition and Block 1, Perkins Fourth Addition to the city of Grand Forks, North Dakota, excluding the easterly 10 feet of said Perkins Third Addition and the westerly 10 feet of said Perkins Fourth Addition (located north of 36th Avenue South between South 31st Street and South 34th Street), with recommendation that the city council schedule a public hearing as prescribed by law and give final approval, subject to signing of the petition of the adjacent property owners.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik 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 set for Monday, July 1, 2002. Carried 14 votes affirmative.

APPROVE FINAL PLAT OF THE REPLAT OF PERKINS
SEVENTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Hampton Corporation on behalf of D.J. Parker for final approval (fast track) of the Replat of Perkins Seventh Resubdivision to the city of Grand Forks, North Dakota, being a replat of all of Block 1, Perkins Third Addition and all of Block 1, Perkins Fourth Addition and including a variance to the definition of a minor subdivision as it relates to the number of lots permitted. Said Resubdivision is located north of 36th Avenue South between South 31st and South 34th Streets, with recommendation to give final approval on May 20, 2002, subject to the conditions shown on or attached to the review copy, including a variance to the definition of a minor subdivision as it relates to the number of lots permitted.

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

APPROVE FINAL PLAT OF THE REPLAT OF BLOCKS
17 AND 18, COX'S ADDITION

The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks Engineering Department on behalf of the Grand Forks Park District and the Grand Forks School District for final approval of a Replat of Blocks 17 and 18, Cox's Addition, Grand Forks, North Dakota, including a variance to the definition of a minor subdivision as it relates to dedicated utility easements located between 22nd and 24th Avenue South and between Oak Street and South 10th Street, with recommendation to give the plat final approval on May 20, 2002, subject to the conditions shown on or attached to the review copy, including a variance to the definition of a minor subdivision as it relates to dedicated public utility easements.

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

APPROVE REQUEST FOR VARIANCE TO THE LAND
DEVELOPMENT CODE FOR THE PROPERTY AT 512 4TH
AVENUE SOUTH, SUBJECT TO APPROVAL OF ADDITIONAL
VARIANCES AND OF ALL REQUIRED BUILDING PERMITS
The staff report from the Planning and Zoning Commission relating to the request from Chris Ortega for approval of 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 at the property described as the rear 60 feet of Lot 11, Block 14, Traill's Addition (512 4th Avenue South), with recommendation for approval of the variance to the Land Development Code and approval of all required building permits issued by the Building Inspections Department.

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

INTRODUCE ORDINANCE RELATING TO SIGNS IN
THE CENTRAL BUSINESS DISTRICT

The staff report from the Planning Department relating to the request from the Planning Department to amend the Land Development Code for the purpose of establishing regulations governing the use of A-Frame signs, with recommendation for preliminary approval and introduction of the ordinance by the Planning and Zoning Commission; recommend the city council introduce and give preliminary approval to the attached ordinance and set a public hearing for July 1, 2002.

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

Council Member Christensen introduced an ordinance entitled "An ordinance enacting Sections XX-XXXX relating to signs in the Central Business District", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING THE ZONING MAP
TO INCLUDE WITHIN MEADOWLARK PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1, ALL OF BLOCKS 6, 7, 8 AND 10, ADAMS-DOBMEIER 2ND
SUBDIVISION AND LOT 1, BLOCK 1, ADAMS-DOBMEIER 3RD
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the request from Eugene Adams on behalf of Nodak Electric Cooperative for preliminary approval of an ordinance to amend the zoning map to exclude from the Meadowlark PUD (Planned Unit Development) Concept Development Plan and to include within Meadowlark PUD (Planned Unit Development, Concept Development Plan, Amendment No 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, ND, with substantial change lying in the northerly 389.82 feet of the easterly 90 feet of Lot 1, Block 1, currently being replatted as Lot C. Block 1, Adams-Dobmeier 3rd Resubdivision (located between 6th Avenue North and DeMers Avenue and between North 55th and North 62nd Streets, with recommendation for preliminary approval of the request and recommend the city council set a public hearing date for July 1, 2002.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from Meadowlark PUD (Planned Unit Development), Concept Development Plan, and to include within Meadowlark PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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

The staff report from the Planning Department relating to the request from Lavonne Adams for final approval of a replat of Lots 3, 4 and 5, 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 Adams Court (north segment), with recommendation for final approval of the plat subject to the conditions shown on or attached to the revised review copy. The effective date of this approval shall be December 17, 2001.

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

APPROVE ENGINEERING SERVICES AGREEMENT WITH
CPS, LTD. FOR PROJECT NO. 5347

The staff report from the engineering department relating to the engineering services agreements with CPS, Ltd. for Project No. 5347, intersection improvements at Gateway Drive (US 2) and Columbia Road, with recommendation to approve engineering agreement with CPS, Ltd. for the study and design engineering services for Project No. 5347, intersection improvements at Gateway Drive (US #1) and Columbia Road (Hourly amendment negotiated not to exceed $294,112.00).

It was moved by Council Member Kerian and seconded by Council Member Hamerlik 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5379, DISTRICT NO. 587

The staff report from the engineering department relating to creating special assessment district for City Project No. 5379, District No. 587, paving Phoenix Court, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5379, District No. 587.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is approved, and that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8165 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5379, DISTRICT NO. 587

The deputy city auditor presented and read the engineer's report on Paving Project No. 5379, District No. 587: Document No. 8166 - Report.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this report be approved. Carried 14 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5379, DISTRICT NO. 587

Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8167 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, PROJECT NO. 5274, DISTRICT NO. 585

The staff report from the engineering department relating to creating special assessment district for City Project No. 5274, District No. 585, paving North 52nd Street, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5274, District No. 585.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8168 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5274, DISTRICT NO. 585

The deputy city auditor presented and read the engineer's report on Paving Project No. 5274, District No. 585: Document No. 8169 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5274, DISTRICT NO. 585

Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8170 - Resolution.,

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5366, DISTRICT NO. 586

The staff report from the engineering department relating to special assessment district for City Project No. 5366, District No. 586, paving South 25th Street from 45th Avenue South to 44th Avenue South and 44th Avenue South from South 25th to South 20th Streets, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5366, District No. 586.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8171 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5366, DISTRICT NO. 586

The deputy city auditor presented and read the engineer's report on Paving Project No. 5366, District No. 586: Document No. 8172 - Report.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 14 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5366, DISTRICT NO. 586

Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8173 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5374, DISTRICT NO. 413

The staff report from the engineering department relating to special assessment district for City Project No. 5374, District No. 413, storm sewer along South 20th Street from 135 ft. south of 44th Avenue South to the southend drainway, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5374, District No. 413.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8174 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5374, DISTRICT NO. 413

The deputy city auditor presented and read the engineer's report on Sewer Project No. 5374, District No. 413: Document No. 8175 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFI-
CATIONS, SEWER PROJECT NO. 5374, DISTRICT NO. 413
Council Member Kerian introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8176 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution 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, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

CONCUR WITH NORTH DAKOTA DEPARTMENT OF
TRANSPORTATION IN AWARD OF CONTRACT FOR PROJECT
NO. 5245, UNIVERSITY AVENUE MILL AND OVERLAY

The staff report from the engineering department relating to consideration of bids for construction of City Project No. 5245, University Avenue Mill and Overlay, with recommendation to concur with North Dakota Department of Transportation award of contract to low bidder, Strata Corporation, in the amount of $522,483.15, contingent on Disadvantaged Business Enterprise review by North Dakota Department of Transportation.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call 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 motion carried and the contract awarded.

APPROVE THREE-WAY AGREEMENT WITH NORTH
DAKOTA DEPARTMENT OF TRANSPORTATION AND
WEBSTER, FOSTER & WESTON FOR CONSTRUCTION
ENGINEERING SERVICES FOR PROJECT NO. 5245,
UNIVERSITY AVENUE MILL AND OVERLAY

The staff report from the engineering department relating to three-way construction engineering agreement for City Project No. 5245, University Avenue Mill and Overlay, with recommendation to approve the three-way agreement with the North Dakota Department of Transportation and Webster, Foster and Weston (WFW) for construction engineering services in the amount of $71,278.74.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call 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 motion carried and the contract awarded.

APPROVE RIGHT OF WAY ENCROACHMENT AGREEMENT
WITH NODAK ELECTRIC COOPERATIVE

The staff report from the engineering department relating to the right of way encroachment agreement along South 42nd Street, with recommendation to approve encroachment agreement with Nodak Electric Cooperative.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call 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 motion carried and the agreement approved.

APPROVE APPOINTMENT TO ALERUS COMMISSION

The staff report from Mayor Brown relating to the appointment to the Alerus Commission with the recommendation to approve the reappointment of Council Member Hamerlik as the city council representative to the Alerus Commission for a three-year term.

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

APPROVE SALE OF REAL PROPERTY LOCATED IN RED
LAKE COUNTY, MN

The staff report from the city attorney relating to the matter of resolution approving sale of real property located in Red Lake County, Minnesota, with recommendation to approve sale of real property located in Red Lake County, Minnesota and authorize proper City officials to execute documents.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that the recommendation be approved, and that the property be declared surplus and authorize the sale of the property for $500.00. Carried 14 votes affirmative.

APPROVE ELECTION OFFICIALS FOR PRIMARY
ELECTION ON JUNE 11, 2002

The staff report from the Mayor's Office relating to the revised list of election officials for June 11, 2002 primary election, with recommendation to approve list of election officials.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5328, DISTRICT NO. 584

The deputy city auditor presented and read tabulation of bids which had been received and opened on April 16, 2002 for Paving Project No. 5328, District No. 584, paving on Linden Court from 10th Avenue to 15th Avenue South, indicating that Opp Construction was the low bidder based upon their bid in the amount of $212,406.00: Document No. 8177 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 5328, District No. 584, in the amount $223,026.30, was presented and read.


Mayor Brown asked if there was anyone present who had comments to make on this matter.
Several individuals spoke in favor of awarding the contract for the project:
Robert Olson, 1322 Linden Court
Jane Peterson, 1320 Cottonwood Street
Clay Whitmore, 1202 Linden Court
Brad Johnson, 1328 Linden Court
Marilyn Bakke, 1314 Cottonwood Street

The staff report from the engineering department relating to consideration of bids for City Project No.5328, District No. 584, Linden Court paving from 10th Avenue to 15th Avenue South, with recommendation to award contract to Opp Construction in the amount of $212,406.00.

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

Council Member Kerian introduced the following resolution which was presented and read: Document No. 8178 - Resolution.

It was moved by Council Member Kerian and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 5328, District No. 584, to Opp Construction, L.L.C. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting "nay": Council Members Bjerke, Lunak - 2. Mayor Brown declared the resolution adopted and the contract awarded.

INTRODUCE ORDINANCE RELATING TO OUTDOOR
SEATING IN THE CENTRAL BUSINESS DISTRICT

The staff report from the Planning Department relating to the matter of the request from the Planning Department to amend the Land Development Code for the purpose of establishing regulations governing outdoor seating in the central business district, with recommendation for preliminary approval and introduction of the ordinance, and set a public hearing for July 1, 2002.

It was moved by Council Member Brooks and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Bjerke voted against the motion.

Council Member Brooks introduced an ordinance entitled "An ordinance enacting Section 18-0312 relating to outdoor seating in the Central Business District", which was presented, read and passed on its first reading.

DEFEAT MOTION TO ADOPT RESOLUTION REQUESTING
AN ATTORNEY GENERAL'S OPINION ON MATTER OF CONFLICT
OF INTEREST BY A MEMBER OF THE CITY COUNCIL

The report from Council Member Burke relating to a resolution of the Grand Forks City Council requesting an Attorney General's opinion on the matter of conflict of interest by a member of the Grand Forks city council.
It was moved by Council Member Kerian and seconded by Council Member Christensen to accept the resolution to send it to the Attorney General.

Council Member Kerian stated that she would recommend that they defeat this motion, that there is a process in place that this is being handled, that we trust our attorney to advise us on a number of matters, that this is one of them, and need to follow that process, that people have expressed concern to her that our processes are being managed by a few people who are taking them out of our standard operating procedures, and asked that council members vote against this resolution.

Council Member Burke moved that we suspend the rule limiting members to two comments on a question and further that any member referred to by name or inference in the comments of another member be allowed to respond without regard to any motion to move to the question, and further that any motion to cease debate and move to the question require a two-thirds majority. The motion was seconded by Council Member Bjerke.

After some discussion Mr. Warcup, assistant city attorney, stated that a motion to suspend the standing rules allowing members to talk two times would be in order, however it appears there are three motions and should be taken in turn: first motion to allow more than two comments per question, second motion to allow additional comments if a member is referred to, and third motion to require two-thirds majority on any call for a question or cease of debate.

Upon call for the question to suspend the rule limiting the members to two comments on a question, and upon roll call vote the following voted "aye": Council Members Bjerke, Stevens, Burke, Glassheim, Lunak - 5; and the following voted "nay": Council Members Brooks, Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 9. Mayor Brown declared the motion failed.

Upon call for the question on the second motion is that any member referred to by name or inference in the comments of another member be allowed to respond without regard to any motion to move to the question, and upon roll call the following voted "aye": Council Member Bjerke, Stevens, Hamerlik, Burke, Glassheim, Lunak - 6; voting "nay": Council Members Brooks, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 8. Mayor Brown declared the motion failed.

Upon call for the question on the motion that any motion to cease debate or move to the question require a two-thirds vote of the council, and upon roll call the following voted "aye": Council Members Bjerke, Stevens, Burke, Glassheim, Lunak - 5; voting "nay": Council Member Brooks, Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 9. Mayor Brown declared the motion failed.

Council Member Burke stated that after reviewing the minutes of the last meeting that there were several comments that suggested the resolution to ask for the Attorney General's opinion circumvented a process; that he researched this process and didn't see anything about a process with regard to whether or not we get an advisory opinion from our attorney or ask for an opinion from the Attorney General; that there is no process because we have no ordinance that deals with conflict of interest. He stated that one of the other things that came up in the past week was that his former employer, the Grand Forks Airport Authority, was contacted by at least one person and there were some comments to call-in shows about whether or not he had a conflict of interest with regard to a link on the Airport's web site for his business, and thinks that's a legitimate question, and if someone wishes to explore that further he would be happy to explore it with them, but if someone were to make a motion amending the resolution to include that matter in this resolution and ask the Attorney General whether or not he had a conflict, he would be happy to second that. He stated that if people simply read the resolution they would find that it is relatively simple, not accusatory, it points out some facts and asks how those facts comport with the Century Code and also suggests that we relieve the city attorney of having to render an advisory opinion, an opinion which has no weight whatsoever, other than to advise us, has no power or force of law as does an Attorney General's opinion prior to any court determination or clarification by the legislature. He stated they would be served better by passing this resolution and getting the Attorney General's opinion sooner rather than later, and urged colleagues to vote for the resolution.

Council Member Hamerlik moved an amendment to the end of the resolution, to add "if and only if the city attorney has not responded to the council by mail or in the weekly packets on or before June 7, 2002". Council Member Brooks seconded the motion

Council Member Hamerlik stated that at times our attorney does not have the time, but this way put a sunset on it and if don't get our attorney's opinion by that time, we send it to the Attorney General.

Council Member Kreun asked if he could discuss this item at this time. Mr. Warcup stated he was not aware of any conflict that would prohibit him from discussing this particular issue. Council Member Kreun stated that one of the items brought up was the timeline, but the problem still arises if we put a timeframe on it, have we wasted Mr. Swanson's time that has been put into it, and suggested letting Mr. Swanson bring forth his decision on a timely manner on his schedule.

Council Member Brooks stated he would like to address a couple things; the first is the issue that Council Member Burke brought up regarding the Airport Authority, that he is the liaison for the council to the Airport Authority and did hear comments regarding the web site for the Airport Authority and his link on it. Mr. Warcup stated this is not germane to the amendment and that is the issue that should be discussed at this time, and if after that has been approved or disapproved, then we have the original motion still on the table that should be discussed.

Mr. Warcup stated Mr. Swanson doesn't have a specific timeline for a decision out of his office.

After some discussion and upon call for the amendment to the question and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Lunak - 6; voting "nay": Council Members Burke, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 8. Mayor Brown declared the amendment failed.

Council Member Burke stated that with regard to Mr. Swanson's involvement in this, Mr. Swanson stated last week there is little or no precedent in the State of North Dakota with regard to this matter, and that he has been reduced to seeking opinions and decisions in other states, and would seem that when they go outside of the state of North Dakota for the precedent that they would rely on for this opinion, the foundation becomes thinner and would still be better served by having the Attorney General do the research and make the determination which would then have the effect of law pending legislative or court action rather than Mr. Swanson's opinion which would not have the weight of law, but simply be advisory in nature.

Council Member Brooks stated he did have some concerns when he heard about the Airport Authority and as liaison with the Airport Authority, he called Steve Johnson, director of the Airport, regarding this and as a clarification was that Council Member Burke did the web page prior to being hired by the Airport Authority, was contracted by the Airport Authority as an independent businessman to prepare the web page and not uncommon for businesses, web masters, to put their link on ones they design; and it's not really relevant to us because the Airport Authority is a separate body.

Council Member Kreun asked to recuse himself on this matter; and it was so moved by Council Members Kerian and Gershman. Carried 13 votes affirmative.

Upon call for the question to approve the resolution 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, Martinson - 7; Council Member Kreun excused. Mayor Brown declared the motion failed.

DEFEAT MOTION RE. ECONOMIC DEVELOPMENT POLICY

The report from Council Member Bjerke relating to the economic development policy, with consideration on vote this date, May 20, 2002.

Council Member Bjerke reported that they collect approx. $1.3 in sales tax revenue to be set aside for economic development, chose not to collect $1.25 in revenue because we exempt out property; and have heard much talk when they voted on the Alerus about economic development and $5 million a year on the Alerus and in reality the City is spending $6.3 million, foregoing $1.25 million which is basically $7.5 million and that is excessive in a town this size; that certain people chose to ride the Alerus bandwagon and that was to be the answer to our economic problems, and thinks we're spending too much money, and should be allowing people to keep the money they work for and spend it as they see fit, and moved to transfer $304,000 from Fund 2163 Economic Development Fund to the City General Fund. The motion was seconded by Council Member Burke.

Upon roll call the following voted "aye": Council Members Bjerke, Burke, Lunak - 3; voting "nay": Council Members Brooks, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 11. Mayor Brown declared the motion failed.

APPROVE HOMEBUYER INCENTIVE PROGRAM/TAX
EXEMPTION PROGRAM

The staff report from Urban Development Office relating to Homebuyer Incentive Program/Tax Exemption Program, with recommendation to 1) approve the program description for the Homebuyer Incentive Program. 2) approve the tax exemption program description for new construction of homes. 3) declare the properties located at 1164, 1200 and 1234 South 40th Street and 1514 and 1518 North 6th Street surplus and authorize staff to solicit bids. 4) authorize staff to enter into a non-exclusive listing agreement with local real estate brokers for the sale of the properties located at 2726, 2732, 2738 and 2744 17th Avenue South. 5) utilize funds derived from the sale of the nine referenced parcels to supplement the Homebuyer Incentive Program. 6) authorize staff to seek and establish a lender line of credit with a favorable interest rate for program funding.

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

Council Member Martinson and Council Member Klave asked to be recused from voting on this issue, and it was so moved by Council Members Kerian and Lunak. Carried 12 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Bjerke voting against the motion and Council Members Klave and Martinson recused.

APPROVE PROPOSALS AND CONVEY SURPLUS LOTS
TO DEVELOPERS, AUTHORIZE STAFF TO NEGOTIATE
FOR SUBSEQUENT LOT DEVELOPMENT, WITH REQUESTS
TO BE APPROVED BY COUNCIL

The staff report from the Urban Development Office relating to affordable in-fill housing development request for proposals, with recommendation to approve proposals submitted by CMI Construction Co., Easter Seals Goodwill ND and Andrew Swanson; convey the surplus lots to said developers as detailed below (must be approved by vote of a nine-member minimum); authorize staff to negotiate with above-named proposers for subsequent lot development upon request, with all conveyance requests to be brought to city council for approval.

It was moved by Council Member Lunak and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE APPOINTMENTS TO HISTORIC PRESERVATION
COMMISSION APPOINTMENTS

The staff report from Mayor Brown relating to Historic Preservation Commission appointments, with recommendation to confirm appointments of Charles Flemmer and Laura Bergman for one-year terms.

It was moved by Council Member Lunak and seconded by Council Member Brooks that this recommendation be approved. Carried 13 votes affirmative; Council Member Bjerke voted against the motion.

ADOPT RESOLUTION SUPPORTING IMPLEMENTATION
OF A PLAN TO HELP CONTROL FLOOD DAMAGE IN THE
DEVILS LAKE BASIN PROVIDED CONSIDERATION
IS GIVEN TO CONCERNS OF OTHER RED RIVER BASIN POLITICAL
SUBDIVISIONS, AND HELP PROTECT PROPERTY, WATER
QUALITY AND OTHER VALUES OF THE SHEYENNE AND
RED RIVERS

The staff report from the administrative coordinator relating to the Devils Lake resolution, with no recommendation.

Council Member Kreun stated there were minor changes for the resolution and that the administrative coordinator indicated there were several typographical errors and mistakes which would be corrected.

Council Glassheim moved the approval of the resolution (on page 249) with the following changes: in the paragraph Now, Therefore, Be It Resolved and substitute city council for county commissioners at a meeting held on May 20, 2002 and replace "..it includes meaningful input from.." with "....consideration is given to concerns of..." so that it would now read "Now, Therefore, Be It Resolved , that the Grand Forks City Council at a meeting held on May 20, 2002, does hereby express its support for the implementation of a plan approved by the State of North Dakota, provided consideration is given to concerns of other Red River Basin political subdivisions, specifically, the State of Minnesota, etc."

Council Member Kreun seconded the motion. Carried 14 votes affirmative.

Council Member Glassheim introduced the resolution which was presented and read: Document No. 8179 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be adopted. Carried 14 votes affirmative.

PORTFOLIO SUMMARY - INFORMATION

Copies of the Investment Portfolio Management and Summary as of April 30, 2002 were presented for information to the city council.

APPROVE MINUTES MAY 6, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, May 6, 2002 were presented and read. It was moved by Council Member Lunak and seconded by Council Member Martinson that the minutes be approved. Carried 14 votes affirmative.

COUNCIL MEMBER BAKKEN EXCUSED

APPROVE BILL LISTING

Vendor Payment Listing No. 02-10, dated May 20, 2002, totaling $1,514,965.11 were presented and read.

It was moved by Council Member Lunak and seconded by Council Member Martinson 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, Kreun, Martinson - 13; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

ADMINISTRATIVE COORDINATOR COMMENTS

Council Member Bjerke asked Mr. Duquette if there was a plan to remodel the mayor and administrative coordinator's offices in the near future. Mr. Duquette stated there was not but is having his staff assistant replace her CDBG office equipment and have put together a plan but haven't purchased that yet (this is last CDBG work station in the building and the staff position would have a work station similar to others in our facility); and if do purchase it, will be using existing carry-over funds.

Council Member Bjerke questioned whether they were hiring an intern to work on Council Member Glassheim's youth task force for three months to look into those issues. Mr. Duquette stated he and the Public Info. Office have discussed with the Mayor the concept of utilizing "a paid intern" which would be a seasonal position to help with the implementation of the youth task force recommendations; that money would come from a combination of Mayor's Office and Public Information Office, total would be about $4,000, and would need budget amendment. Mayor Brown noted they may be putting a bookcase in the mayor's assistant's office.

Council Member Lunak stated that the overtime report came out and that staff was going to enforce the policy, but there were a lot of other things in the overtime report and should go back and look again. Mr. Duquette stated he had previously made a presentation and asked that they meet and would review part of the presentation and compare notes to see what next step is to take.

Council Member Lunak also stated he had been on the city council for four years, and for last two years been trying to be placed on committees and having a problem being appointed, and questioned why.

MAYOR AND COUNCIL COMMENTS

1) Council Member Christensen complimented Mr. Carsen and his staff for the work they did on the review of the assessments of Sam's Club and Wal-Mart, and as soon as beginning to make the decision, Mr. Carsen was considering the effect of the decision as to other businesses and reviewing the work that he had done; and that they did a very good job. Mayor Brown and Council Member Lunak also noted that. Council Member Klave stated they had a good meeting and reviewed the matter and changes were made.

2) Council Member Kerian stated there was an article in the Grand Forks Herald re. mortgage payment comparisons, and that Grand Forks was compared to North Dakota and came off a little high, and was curious how the numbers came out for the larger cities in the state, and Mr. Hickock, through Mr. Potter, responded to that and she appreciated that, and Grand Forks (for selected monthly owner cost for owner-occupied housing and is more than mortgages) was $995 but state averages $818 but Bismarck is $955, Fargo $963, Minot at $779, and not as extreme as difference that was reported in the paper, but is still a concern.

3) Council Member Kreun noted that the article did indicate that the income ratio which we have discussed and also indicated that one of the things that happened was that after the flood people had to remodel their homes, rebuild their basements and some of the people who had their homes paid for and now have some debt and increased it in that respect and that accounts for some of what you are indicating and people are still paying off little larger debts that what they were in the past and gives us even more serious consideration for what we do here.

He also stated that last Tuesday he had the opportunity to play firefighter, quite an experience as he put on the complete gear, including helmet, mask, tanks, etc. and that weighs 65 lbs. and to be able to go up two or three flights of stairs and understand the reason for the strength training and ability that you have to have to do that job; they do have a trailer that has been designed to burn over and over, etc. and gives strange feeling when in full suit and can't see and still able to breath, and would encourage each and every one of you to try that if you have the opportunity.

4) Council Member Martinson stated he was glad Council Member Kreun learned what it was like, having been one, and thanked him for the compliment to their fire service.

5) Council Member Brooks commented on the article was printed in the Herald but written by the Associated Press. He also noted that the Airport Authority task force will be setting up a meeting next week and will have an announcement on that next Monday.
6) Council Member Brooks stated he drove through East Grand Forks and that the statutes are back, fewer of them; and applauded the Mayor for calling the meeting with East Grand Forks.

7) Council Member Brooks stated that the agenda was suspended so a number of people didn't have to sit through the entire meeting, people questioning when items will appear so they come at that time, and have to accommodate the people but have to realize that some who are starting to come when item comes up for consideration, and possibly set agendas so that items which may have discussion and people attending be placed at the beginning of the agenda.

8) Council Member Bjerke stated that he would be bringing the pledge of allegiance up for the committee of the whole on May 28. He also stated they have a code of ethics meeting on Wednesday at 4:00 p.m.

9) Council Member Hamerlik gave plaudits to the mayor for the meeting today with East Grand Forks, plaudits to Council Member Kerian for bringing up newspaper article, and story was done by the Associated Press. He also noted that he voted against suspending the agenda that we hinder as many as we help when we suspend the agenda and need to take a close look at that. He also noted that since the next meeting is on Tuesday night, asked if the listening audience know if its going to be broadcast or not or if arrangements have been made. Mr. Dean noted that has been arranged.

10) Council Member Burke stated with regard to that agenda item, but perhaps when staff puts together the agenda they could keep an eye towards items that might draw public attention and try to keep them as close to the top as possible. He stated he noted the new sign downstairs so people can find their way around City Hall is very direct and thanks and appreciation to those who were involved in that. He also thanked Mr. Carsen and his staff for the work that was done and to the mayor and president of their council for the peace mission to the East Bank, that it had the possibility of escalating and instead defused and on a better road and all served by that.

11) Council Member Burke stated with regard to the newspaper article that Council Member Kerian brought up, if there was a staff response to that, and if could distribute that, he would be interested in those, and in comment with regard to the comparison of Grand Forks to Bismarck and Fargo, that we are higher and at the same time, the last information he saw with regard to wages and income, Grand Forks trailed those two cities and while we may not be much higher, we are in some cases 8 to 12 or 13% lower in per capita income so the difference becomes a bigger issues for us, have to look at both sides, what it costs and the ability to pay and we're coming out on the wrong side of both sides of that equation.

12) Council Member Burke stated he distributed the e-mail to Mr. Schmisek and copies to the council and mayor's office on some questions with regard to the funding for the Alerus Center and the sales tax but wanted to mention tonight with regard to one of those questions, and that was the use of the sales tax for the Alerus and what other uses that money could be put to - question last week about water park and the City's involvement with that, that they have been told that other capital projects related to the Alerus Center might be able to be funded by the sales tax and would like to have a clear understanding from staff what restrictions the ballot measure on the sales tax places on the use of that money and what ability does the commission and/or the city council have to obligate those funds after the initial bonds are paid for.

13) Council Member Glassheim stated they received some sad news last week regarding the termination by the Corps on the St. Anne's building - looks pretty dismal in terms of saving it but has asked staff to ask some additional questions about other possibilities for saving it, whether it can be used for office building and not use the first floor, and to get additional rulings from the Corps on that.
14) Council Member Gershman stated with the idea of staff trying to anticipate public input issues, thinks that's a good idea, and that council members could help when they know that people are going to show up, should pass that on. He noted that the Grand Forks Police Department received a grant for providing matching funds close to $800.00, and the Police Department leveraged that with a federal grant of $2,000 to use for overtime wages for the Neighborhood Watch Program - good program and congratulations to the Police Department for looking for grants. He congratulated Brad Beauchamp, Punky's son, who created a terrific movie about the catfish days shown at the Empire and he is extremely talented - second movie to premier this year - one by Chris Jacobson and now Brad Beauchamp in East Grand Forks. He also thanked Mayor Brown for initiative to meet with Mayor Stauss and Punky Beauchamp, they had great conversations, good laughs and came to a better understanding and appreciates the support of the council for that.

COUNCIL MEMBER MARTINSON EXCUSED

15) Mayor Brown thanked Mayor Stauss and Punky Beauchamp for coming over today to discuss this issue between our communities - next week is Memorial Day and committee of the whole will meet on Tuesday rather than Monday. Congratulations to Don and Joanne Kuntz of Fine Print for being recognized by the Small Business Administration as the 2002 North Dakota small business persons of the year; and thanks to Governor Hoeven for his visit last week.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
Deputy City Auditor

Approved:
___________________________________
Michael R. Brown, Mayor