Council Minutes
17147
August 7, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 7, 2000
The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, August 7, 2000 at the hour of 7:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; absent: Council Member Klave - 1.
President Gershman announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
FLOOD REPORT
Ken Vein, city engineer, stated that he would highlight significant items and be available for any questions. He stated under the Technical Work Update the Corps is continuing their work on the alignment design memorandum and that this has taken longer than expected and hope to have that shortly and the Corps is also in negotiations with Stanley Engineers to design the first levee reach project, and that the Corps has subcontracted that work . He stated they have awarded the contract to remove the N.P.R.R. Bridge to TEK Contractors and that work expected to be done this fall, and work also continues on the Riverside Dam and hope to have that completed this fall. He stated they are continuing to work on the English Coulee Diversion and interior flood control and working on pump supply contract to provide a uniform pump and controls for all storm water pump stations, and since this project is going to take place over many years we don’t want to have a number of different pump suppliers and controls, that will all be bid as one package. He stated that the Corps is also preparing for some demolition of facilities to take place this fall and will be giving them a list of some of those demolitions and working with them on that.
Mr. Vein stated that under the project financing and under federal appropriations, both the Senate and House are in recess but the Senate is expected to vote on the energy and water appropriations bill in September, there is $13 million earmarked for Grand Forks/East Grand Forks project, once that is complete it will go to a conference committee. The State of North Dakota is also putting together its budget, the State is preparing for the 2001/2003 biennium budget and $15 million is included for the State’s share of our project to be used during that time period. He stated under local funding still working with the Special Assessment Commission as they continue to determine the correct benefits they are going to propose as far as distribution of costs.
Mr. Vein stated that under Acquisitions the City has accepted bids on July 14 for 9 of the 12 homes and the third bid package is expected to be out on August 21 for continuing bidding some of the homes, and a major effort will be moving of the interim levees west onto the permanent alignment from DeMers to Kittson Avenue, this would be east of South 3rd Street south of DeMers where removal of the temporary levee that was placed a year ago out of the way as there is some excavation of some contaminated materials underneath it and move that levee up to the permanent location farther to the west and that is expected to be taking place shortly. He stated that at the request of Mayor Brown a team building session will be held on August 28, 2000 for the Mayor and City Council to meet with the key Corps officials and with staff. He stated that the Greenway update is attached to the flood report , that as a result of the Greenway Information Session they are going to try to refine some of the estimates on the O & M cost and put them into one clear document and have that available in a week. He stated they will be a couple issues on the Renaissance coming up later and also that Helen Cozzeto has accepted a position with the MN DNR and will be leaving very shortly.
There were some questions as to amount of special assessments, and it was noted that there was a rough number that had been given out, and was based on a uniform assessment, that the average residential lot (71 ft. lot -effective front footage) would be between $1600 and $1700 over a 20-year period - about $160 to $170 cost annually. The matter of the Belmont Road dike location - and it was noted that the exact location of the future levee along Belmont Road was originally planned to be moved somewhat farther east, between fairways 4 and 5, and the final determination will be better known once the design alignment memorandum comes out from the Corps, anticipated it will be moved somewhat east. Council member Martinson questioned if placement of the danger signs at the dam are included in that project and wanted those signs in place so another tragedy will not occur at that site. Mr. Vein reported that it is included in the specifications for the project. Council Member Bjerke questioned the making of a greenway video and asked if approved and budgeted by city council; Ms. Dressler reported this was approved in Charles Flink’s contract, and Flood Protection approved it through negotiations with an RFP and approved by council, although no contract has been negotiated yet. Information.
APPROVE MINUTES JULY 17, 2000
Typewritten copies of the minutes of the adjourned city council meeting held on Monday, July 17, 2000 were presented and read. Council Member Bjerke stated that the roll call on the item relating to authorized release of funds for UND faculty research did not show him as voting against the motion, President Gershman stated the correction will be noted. It was moved by Council Member Lunak and seconded by Council Member Martinson that these minutes be approved, with correction. Carried 13 votes affirmative.
REFER MATTER OF ORDINANCE BACK TO PUBLIC
SERVICE AND URBAN DEVELOPMENT COMMITTEES
An ordinance entitled “An ordinance enacting Article 3 of Chapter XXIV of the Grand Forks City Code relating to the establishment of a public enterprise known as the Red River Renaissance”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading and final passage.
Council Member Brooks moved to table consideration of this ordinance indefinitely and refer it to the Urban Development Committee. Council Member Hamerlik seconded the motion.
Howard Swanson, city attorney, advised that a motion to table is not debatable except for the length of tabling; that under the Rules the length of time is debatable - as to whether it should or should not be tabled is not debatable. Council Member Hoff stated he would like to debate the length of time, that indefinitely looks like never and would rather see it tabled for 2 weeks. Mr. Swanson stated that the motion to table is amendable with respect to the length of tabling. Council Member Babinchak moved that the ordinance be referred to Urban Development and to Public Service. Council Member Brooks seconded the amendment. Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.
It was moved by Council Member Hamerlik and seconded by Council Member Babinchak to delete the word “indefinitely” from the motion.
Mr. Swanson advised that a motion to refer back to committee with an indefinite time to report, by definition means that it will be back on their agenda when those committees make their reports.
Mr. Swanson stated that normally on procedural motions it is limited to the body itself, and it is unusual to have a motion to table prior to the onset of the public hearing but that is within the prerogative of the body. Council Member Hoff and Council Member Hamerlik moved to suspend the rules and to allow discussion. Carried 13 votes affirmative.
President Gershman opened the public hearing.
Council Member Christensen stated that he thinks there has been a lot of misinformation that has been generated over this proposed ordinance, that the ordinance we are dealing with is an ordinance dealing with governance and is the only ordinance this group has been asked to vote for or against. He stated that he didn’t think there was any person on the council that doesn’t know that we are going to have a greenway, that is a given inherent with the advent of a dike is a greenway. He stated that the issue is funding and it is his understanding that of the people on staff (one has taken a job with MN DNR and have two remaining staff persons and they have been assigned duties in the engineering department to deal with the flood protection project, and because of their knowledge on this issue of the greenway, that they will continue to pursue the development of an enhancement of the greenway. We are in the process of putting the 2001 budget together and the issue has been blown out of hand in the media as to whether we are going to have or not have a greenway - because we are going to have a greenway. He stated that none of us want an unsightly riverbank and want to have the best system of trails we can have. He stated that they allow us to take this back to our standing committees (one which has the engineering department, the other which has buildings and grounds) and come up with a workable plan for the continuance of the enhancement of the future greenway.
Bob Seabloom, 419 27th Avenue South, stated he comes in part as member of the Friends of the Greenway and as former Lincoln Drive homeowner who went through the buyout to make way for the flood project. He stated that part of their thinking was a vision that something better would emerge making Grand Forks a better and more attractive place to live, namely the emergence of a greenway. He stated we now have a greenway and question is what to do about it, that when they visit their former neighborhood they see infrequently mowed grass, storm and flood debris and hulk of a burned out car, and hardly vision of a proud and beautiful feature. He stated a properly developed greenway needs a governance structure, a competent professional staff and the active support of volunteers and support groups, such as service clubs, Friends of the Greenway and the GOALS organization; that once governance and staffing are established other organizations and agencies are waiting to step in and provide support and assistance; that the US Fish & Wildlife Service Office in Devils Lake has already signed a cooperative agreement with the City of East Grand Forks and is waiting to see what Grand Forks does. Staff of the ND Game & Fish Department have informed them they are interested in providing technical assistance, including natural resources staff to work with the City once there is a governance structure that they can deal with. He stated that the public is waiting, the Friends of the Greenway is waiting, cooperating agencies are waiting and urged council to move ahead with this matter, establish a governance structure and help them to achieve their greenway vision.
Henry Valdur, 1513 University Avenue, stated he has been to several greenway meetings and that they don’t know where the money is going to come from, that there have been a number of things in the newspaper, commented on greenways in Seattle, Washington, that we have an opportunity here to make this a tourist attraction, and need to have governance body take charge of this.
Ross Weiler, 701 North 3rd Street, stated his main concern with the greenway development is that the function of the greenway be the primary concern, great to have a beautiful riverfront and development along the riverfront, that he has seen the riverbanks recede, trees replaced, replanted many times in an attempt to green them up and seen them destroyed many times by continued high water through the greenway area, and need to remember in the development of this idea that it is primarily a flood control function and that it is a natural area where we do not have control. He stated the main reason he is here tonight to speak is that he is very concerned with some issues that have not been addressed to his satisfaction in the primary purpose of the greenway and the flood reduction; that our bridges are our primary problem in water levels and are blocking function. He stated that no matter what we do to the greenway unless we change shape of the riverbank we will have flooding caused by those bridges, unless raise bridges, etc. He suggested that what he would like to see is rather than a river channel that passes under a bridge, we have an opportunity downtown to enlarge the river channel near the bridge, to open up the NSP site and get rid of the contaminants, and would like to see the areas around the bridges enlarged - which would double or triple the amount of water that could flow through those openings in the event of high water; and one way this could be done is to open a half block to our side of the river without consulting East Grand Forks with a below current level of ground parking area that would allow floodwater to pass, the road could be put on piers at the height of the bridge for one-half block and have an extremely enlarged channel for water to flow through, and if that wasn’t adequate with all the parking ramps, could keep parking level with the street and open downtown original business place to allow water to pass through that half block region, and unless we deal with where the water has to go, will have flooding. He stated he wanted to discuss another concern - which is the way they are going to assess properties for the dike, that if you live near the dike will be assessed more - his property is 52 ft. of elevation and dike doesn’t help him a lot, that he has raised his house and done many things to floodproof his basement and improve his structure to withstand floods but if going to look at how much the dike is protecting people, it shouldn’t be geographical location to the river, but elevation or combination of the two.
Ann Sande, 1110 Belmont Road, vice president of the Friends of the Greenway, urged council to pass a governance structure for this greenway, that they need a central body to go to when they have projects and told it would be the Planning Department, that the Planning Department doesn’t have anyone who knows anything about this, and need an organization with the interests of the greenway at heart to come to. The proposed Red River Renaissance body is not a paid body but it includes all the organizations with an interest in the greenway (the City, the Park District, downtown, natural resources, Friends of the Greenway Board), and they would be specifically charged with having the interest of the greenway at heart, and need a central organization which is charged with the governance of the greenway, not the Planning Department which has other things to do which will come before the greenway, nor the Engineering Department; need an organization that groups can come to without having input from the Park District and the downtown and other organizations. She stated that as chairman of the Rotary Park Committee of the Rotary Club of Grand Forks they were in the process of designing a park which would be in the downtown (walkways, retaining walls, plantings), would like to do this but don’t have anyplace to go. She stated that they have money that they would like to put into the greenway, that they have no place to go.
Council Member Babinchak stated it was her understanding that the greenway was part of the dike project, there would not be another special assessment for the greenway, it’s included in the project, and that has been the plan.
The city auditor reported that in the original estimates they have given on special assessments for the flood protection project, there were dollar amounts included to match the Corps dollar of $2.25 million and there was also an additional line item in the project of up to $5 million for additional work on the greenway, and is included in the $1600 total dollar amount that they said over 20 years or the $160 to $170, and now stated that’s an estimate based on what gets approved but was included in the original amount.
Council Member Kreun stated they are charged with balancing the budget and utilizing staff to the best abilities that we have, have a person coming on board who will be the coordinator, and that person is going to need staff, we have other CDBG funded people whose jobs are coming to an end and have to utilize those staff and when bring up the idea that someone has to have a contact person or an organization, how will that work get done when they come to that organization - they will come to us and we will take the planning department and help plan the project. Mrs. Sande stated it was her understanding that most of the newly elected members of this council were elected on a platform of making the city council a policy making body, not a management decision making body. Council Member Kreun stated that decision making could be done by an individual within that department and that can be the contact person but still have to have the Planning Department approve the plans, then it would go to Engineering to do the bids, etc.; that they are already taking care of mowing of grass through Public Works, so wouldn’t that be a logical position to put that in with the Park Department and utilize their staff as well. He stated that if they take one person and make that person accountable and make that person the greenway coordinator and they utilize our existing staff with the existing monies that we have, maybe can blend this together so it doesn’t cost us a lot of money.
Council Member Glassheim stated that there is a reason to have a governing structure: 1) one for identity purposes, 2) that there is no budget before them tonight, but are approving something that would be an identified entity. He stated that this is a focused group that cares about the greenway.
Ms. Joanne Gabrynowicz, 1323 Noble Cove, spoke in favor of the greenway; that there are hundreds of people in a small town coming to council saying they are coming together and that this is something the people would like to look into, and if discussing a governance structure tonight, is letting the people have their voice and never known a city that has been benefited by not opening the debate and if those people can't convince you through the governing process over time that they can come up with assistance in defining a responsible way to fund the greenway, let it fail at that point.
Mel Pederson, 2423 University Avenue, stated there used to be a riverboat and perhaps he would come back again.
President Gershman closed the public hearing.
Upon call for the question on the amendment to the motion to delete the word “indefinite” from the first motion, the motion carried 13 votes affirmative.
Upon call for the motion as amended to refer the Renaissance ordinance to the Urban Development Committee and the Public Service Committee, and upon roll call vote, the following voted “aye”: Council Members Lunak, Christensen, Bakken, Kreun, Brooks, Bjerke, Hamerlik, Burke, Gershman - 9; voting “nay”: Council Members Babinchak, Martins, Hoff, Glassheim - 4. President Gershman declared the motion carried.
CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE LAND DEVELOPMENT
CODE DEFINING THE EVENT CENTER ATTRACTION SIGNS
AND SPONSORSHIP ADVERTISING TO SEPTEMBER 18
An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II”, which had been introduced and passed on its first reading on July 17, 2000 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
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.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor reported that the Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks Planning Department for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the grand Forks City Code of 1987, as amended, amending Section 18-0204(2) Definitions to define event center attraction signs and sponsorship advertising, and recommended tabling the request until September 6, 2000 Planning and Zoning Commission meeting.
It was moved by Council Member Babinchak and seconded by Council Member Glassheim to continue the public hearing and second reading of the ordinance to September 18, 2000. Carried 13 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE ZONING MAP TO
INCLUDE WITHIN DANKS PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, ALL OF DANKS ADDITION
AND DANKS 2ND RESUBDIVISION TO SEPTEMBER 18
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Danks PUD (Planned Unit Development), Concept Development Plan, and to include within Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Danks Addition and Danks 2nd Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on July 17, 2000 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
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.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor reported that the Planning and Zoning Commission reported having considered the request from the Grand Forks Planning Department for final approval of an ordinance to amend the zoning map and to exclude from the Danks PUD (Planned Unit Development), Concept Development Plan and include within the Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Danks Addition and Danks 2nd Resubdivision (located between DeMers Avenue and 17th Avenue south extended and between South 42nd Street and I-29 Right of Way), and recommended tabling the request until the September 6, 2000 Planning and Zoning Commission meeting.
It was moved by Council Member Babinchak and seconded by Council Member Kreun that the public hearing and second reading of the ordinance be postponed to September 18, 2000. Carried 13 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE AMENDING THE ZONING MAP TO INCLUDE
WITHIN UNIVERSITY VILLAGE PUD, CONCEPT DEVELOP-
MENT PLAN, AMENDMENT NO. 1, ALL OF UNIVERSITY
VILLAGE ADDITION AND ALL OF COLUMBIA 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 University Village PUD (Planned Unit Development), Concept Development Plan, and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of University Village Addition and all of the Columbia Addition to the city of Grand Forks, North Dakota”, which was introduced and passed on its first reading on July 17, 2000 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
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.
President Gershman called upon the audience to see if here was anyone present who had comments to make on this matter. There were none.
The city auditor reported that the Planning and Zoning Commission reported having considered the matter of the request from the grand Forks Planning Department for final approval of an ordinance to amend the zoning map and to exclude from the University Village Planned PUD (Planned Unit Development), Concept Development Plan and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of University Village Addition and all of the Columbia Addition (located between Gateway Drive and 6th Avenue North and between North Columbia Road and the English Coulee), and recommended tabling the request until the September 6, 2000 Planning and Zoning Commission meeting.
It was moved by Council Member Babinchak and seconded by Council Member Kreun that the public hearing and second reading of the ordnance be continued to September 18, 2000. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3854.1 RELATING TO THE
MOSQUITO CONTROL FEE
An ordinance entitled “An ordinance amending Section 15-0117 of the Grand Forks City Code relating to the mosquito control fee”, which had been introduced and passed on its first reading on July 17, 2000, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 11; voting “nay”: Council Members Brooks, Bjerke- 2. President Gershman declared the ordinance adopted.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5156, DISTRICT NO. 135
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting Project No. 5156, District No. 135, street lighting in Kannowski’s First Addition (Golf Course), had expired on July 26, 2000, and that he had received no written protests.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 8005 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 135, Project No. 5156, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, STREET
LIGHTING PROJECT NO. 5156, DISTRICT NO. 135
The city auditor presented and read tabulation of bids which had been received and opened on July 24, 2000 for Street Lighting Project No. 5156, District No. 135, street lighting in Kannowski’s First Addition (Golf Course), indicating that Bergstrom Electric, Inc. was the low bidder based upon their bid in the amount of $116,421.00: Document No. 8006 - Bid Tabulation.
The city engineer’s estimate of total cost on Street Lighting Project No. 5156, District No. 135, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5156, District No. 135, street lights in Kannowski’s First Addition, recommended to accept the bid of Bergstrom Electric, Inc. in the amount of $116,421.00.
It was moved by Council member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8007 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution awarding the contract for Street Lighting Project No. 5156, District No. 135, to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.
HOLD PUBLIC HEARING ON PROPOSED DIAL-
A-RIDE/PARATRANSIT APPLICTAION
The city auditor reported that notice had been published calling for a public hearing to be held this evening for consideration of adopting a new Paratransit/Dial-a-Ride application form.
President Gershman 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.
HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING FROM 1
LINCOLN DRIVE TO 2097 NORTH 42ND STREET
The city auditor reported that the notice of public hearing on the application by Tony Anderson to move a building from 1 Lincoln Drive to 2097 North 42nd Street to be used as a storage building had been published and posted as required.
President Gershman called upon the audience to see if here was anyone present who had comments to make on this matter. There were none.
Committee no. 3, Public Service, reported having considered the matter of application for moving permit by Tony Anderson to move building from 1 Lincoln Drive to 2097 North 42nd Street, and recommended to approve application for moving permit subject to the public hearing.
It was moved by Council Member Kreun and seconded by Council Member Babinchak that this recommendation be and is hereby approved and further that Mr. Anderson be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.
HOLD HEARING RELATIVE TO REFUSAL TO
RENEW OR GRANT TAXI DRIVER’S LICENSE
The city auditor reported that this is a hearing relative to refusal to renew/grant taxi driver’s license to Christopher Grinde.
President Gershman asked if Mr. Grinde was here to speak to this matter. Mr. Grinde was not present.
Council Member Hoff stated he looked at Mr. Grinde’s driver’s record and at the law and while there are some concerns about his driving record, the law is not specific as to what constitutes a bad or good driving record and under what basis they may deny this, there may be a very low threshold or very high threshold and in order to be fair, it seems that standards have to be established, and also concerned about how the driver’s record was presented (that one charge had been reduced) and need to establish some standards. Council Member Martinson stated the gentleman had 13 violations in the past 10 years and would not want this gentleman driving public in taxicab. Council Member Babinchak stated this also comes to the concern that the City is approving this as license for this person, and opens City to some liability. Council Member Hoff stated he was talking about policy and that the hearing on this presents an opportunity to examine the law which is not specific at all, no standards as to what is good or bad driver.
Committee No. 2, Public Safety, reported having considered the matter of hearing relative to refusal to renew/grant taxi driver’s license (Christopher Grinde), and recommended denial of a taxi license for Christopher Grinde for the City of Grand Forks.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
REPORTS OF OFFICERS
The city auditor’s statements as to cash balances for the period ending June 30, 2000 and statement for the period ending July 31, 2000 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Glassheim that these reports be and are hereby received and filed. Carried 13 votes affirmative.
The city auditor’s statement of investment activity for the period ending July 31, 2000, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-13, dated August 7, 2000, and totaling $1,928,664.48, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by council Member Bakken and seconded by Council Member Glassheim 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, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the bills ordered paid.
President Gershman asked if there were an items that the council wished to send back to committee for further consideration. There were none.
APPROVE ASSIGNMENT OF GFG TAX INCREMENT
FINANCING AGREEMENT
Committee No. 1, Finance, reported having considered the matter of approval of the assignment of GFG Tax Increment financing agreement, and recommended to approve the assignment of the GFG Tax Increment financing agreement to JP Food Distributor’s, Inc. and authorize proper City officials to execute the documents upon final approval by the city attorney’s office.
It was moved by Council Member Bjerke and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Council Member Christensen asked to be excused from voting on this matter, and it was so moved by Council Members Lunak and Babinchak. Carried 12 votes affirmative.
Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Babinchak, Bakken, Kreun, Martinson - 12; voting “nay”: none; Council Member Christensen excused from voting.
APPROVE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR 1999
Committee No. 1, Finance, reported having considered the matter of Comprehensive Annual Financial Report (CAFR), and recommended to accept the 1999 CAFR, receive and file and authorize final payment to Brady Martz subject to final approval by the State Auditor’s Office.
It was moved by Council Member Bjerke and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
MATTER OF LIABILITY INSURANCE
Committee No. 1, Finance, reported having considered the matter of liability insurance, and recommended to authorize the city attorney to draft an RFP regarding liability insurance and come back to the committee at the earliest possible time in order to meet the November deadline.
It was moved by Council Member Bjerke and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BIDS FOR NEW TELEPHONE SYSTEM
AT VARIOUS SITES
Committee No. 1, Finance, reported having considered the matter of bids for new telephone systems at various sites, and recommended to accept the low bid from Jacobson Office Products in the amount of $99,578.00 for the telephone system for Fire (cash carryover), Police (anticipated grant funds), Public Works (cash carryover) and the Alerus (Furniture, Fixtures and Equipment) as well as approval of the related budget amendments.
It was moved by Council Member Bjerke 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, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.
APPROVE BUDGET AMENDMENT
A request for budget amendment for Finance Department in the amount of $5,000.00 to release authorized contribution for Forks Area Sports Association, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this amendment be and is hereby approved. Upon roll call the following voted “aye”: Council Members Christensen, Babinchak, Bakken, Kreun, Martinson, Hoff, Hamerlik, Glassheim, Gershman - 9; voting “nay”: Council Members Brooks, Bjerke, Burke, Lunak - 4. President Gershman declared the motion carried.
APPROVE GRANTS WITH NORTH DAKOTA DEPARTMENT
OF HEALTH AND HEALTH DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of grants with ND Department of Health, Tobacco Prevention and Control Grant for period July 1, 2000 to August 31, 2000, in the amount of $8,000, and recommended approval.
Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, Women’s Way Cancer Prevention and Control Grant for period July 1, 2000 to June 30, 2001 in the amount of $44,600.00 and recommended approval.
Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, TB Screening Services Grant for period July 1, 2000 through June 30, 2001 in the amount of $7,500.00, and recommended approval.
Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, HIV/AIDS Testing Grant for the period July 1, 2000 through June 30, 2001 in the amount of $10,000, and recommended approval.
Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, Ryan White AIDS Financial Assistance Grant for the period July 1, 2000 through June 30, 2001 in the amount of $6,000, and recommended approval.
Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, Care Coordination Services for Children w/Special Needs for the period July 1, 2000 through June 30, 2001 in the amount of $25,000, and recommended approval.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.
APPROVE REQUEST FROM RED PEPPER TO
CHANGE HOURS AT TEMPORARY LOCATION
Committee No. 2, Public Safety, reported having considered the request from Jeff Tellman, Red Pepper, for change in hours at temporary location, and recommended approval of the Red Pepper extended hours subject to review by the Police Department nightwatch commander (to remain open until 1:30 a.m. on weekdays, 2:00 a.m. on Fridays and Saturdays and 12:00 midnight on Sundays).
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE APPLICATION FOR TRANSFER OF
ALCOHOLIC BEVERAGE LICENSE TO ADOBE
RESTAURANTS, INC., 3000 32ND AVENUE SOUTH
Committee No. 2, Public Safety, reported having considered the application by Adobe Restaurants, Inc. for transfer of alcoholic beverage license at 3000 32nd Avenue south (former Rio Bravo site), and recommended approval with city attorney review.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative, Council Member Bjerke voting against the motion.
APPROVE SALE OF 1970 FIRE TRUCK
Committee No. 2, Public Safety, reported having considered the bids for sale of 1970 fire truck (with funds to go to equipment needs for ISO review), and recommended approval to sell the 1970 fire truck to Northwest Technical College for $3,500 with the money to come back to the Fire Department for tools and equipment for the ISO review.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved.
Council Member Hoff stated this is an opportunity to say that they could get more money for the property we are disposing of if put it on the internet.