Council Minutes
17323
November 6, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 6, 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, November 6, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; absent: Council Members Lunak, Babinchak, Martinson - 3.
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 reminded audience that this meeting is televised.
PRESENTATION OF GIFT TO THE CITY BY WIDSETH,
SMITH, NOLTING
Richard Helland, Widseth, Smith & Nolting, presented picture of Town Square to the City, and stated that the project could not have been possible without the participants in the project, which included the firm of Widseth, Smith & Nolting, Rose & Associates and Akers International, and also included the downtown workshop people, the Downtown Development Commission, the Office of Urban Development and the city council members, and also a number of talented trades that worked on the project to make it a reality. He thanked the council for having them work on the project. Mayor Brown thanked Mr. Helland.
BRIEF PRESENTATION BY ND GAME & FISH
DEPARTMENT
Doug Lehr, ND Game & Fish Department, presented brief presentation of their department, that the Game & Fish is the primary agency responsible for managing the fish and wildlife across the State of North Dakota, and stated that he works in the Red River Valley area where he is primarily responsible for public relations and promotion of departmental programs and projects up and down the Red River Valley area. He stated the Game & Fish Department is very enthused about continuing their work with the City of Grand Forks on the greenway project. He stated the Game and Fish Department manages their fish and wildlife resources through habitat management, enhancement of habitat manipulations, fish stocking and a vast array of different projects and programs that they have at their disposal to better the wildlife resource and outdoor recreational areas; that they see countless and endless opportunities where they can enhance the greenway and see their role as plugging into different projects and different areas up and down the greenway where they can also promote improved habitat and outdoor recreational programs. He commented on various programs and activities that they have done in other cities, and on what they have done with the greenway, that through their missions and woodland habitat program and the Red River Riparian project, have already allocated $3,500 for an initial tree planting in the greenway, and have with GPS mapped specific sites along the Red River in Grand Forks for future shore fishing development, boat ramps and docks, improving access to the river. He stated that people want to enjoy outdoor activities (hunting, fishing, backpacking, birdwatching, camping, canoeing) and until now have to go out of town (along with their checkbooks); and that we have an opportunity for the flood protection of the greenway, the benefit that its been implemented for, and also have another benefit that we are looking for, the outdoor recreation and enhancement of educational possibilities, and if design a greenway it serves as a magnet to draw people, and these areas are used constantly. He stated that the Game & Fish Department is committed to continuing their work with the Greenway Alliance and the vast array of entities involved in the greenway project; that at this time the Game & Fish Department is not in a position to commit x amount of funds for the greenway project but want to tell the council that they have the different array of projects and programs and would like to assist with the design, development and implementation of an area. He stated if they would like further information to contact him, Lynn Slater and/or John Schultz. Council Member Kreun stated they are looking forward to working with the Game & Fish Department along with our greenway division and incorporating all the other groups involved in the community too, and appreciated his comments and willingness to work with us.
FLOOD REPORT
Al Grasser, acting city engineer, reported that the Corps of Engineers has submitted the alignment refinement design documentation report and this finalizes the alignment through town and also finalizes the dike elevations (some lowered in the north end and some raised in the southend of town), this resulted in some minor increases in land purchases but to date found no additional properties that will have to be taken. Stanley Consultants continues to work on the design of the first phase of the levees, demolition of the BN bridge is underway, Pioneer Construction is working on the Riverside Dam (until the water rose), HDR Engrs. is working on the English Coulee Diversion R/W and the plans and specs. are tentatively scheduled for award in March, 2001. He stated that the Corps is also contracting with Ayres Associates for design of the English Coulee pumping station (pumps out the Coulee by RDO). He stated that the City has awarded a contract for L.S. #1 and #5 in Lincoln Park and construction underway on both of those; and also awarded construction contract for 2 sewer forcemains and water transmission line along the English Coulee. President Clinton signed the energy and water appropriations bill into law on October 27 and that puts $13 million for the Grand Forks/East Grand Forks flood protection project in fiscal year 2001. He stated that on the acquisitions area, still have 5 homes left and partial takes for Phase I levees, and an issue to be resolved with the Almonte Nursing Home, and that will go to the next public service committee meeting. He reported that the community green public meeting will be held on November 16 and public is invited to come and look at the draft plans for the community green, Phase I of the utility cleanup will be addressed by the council tonight; and still working on interim flood protection and removing the contaminated dirt at the Xcel Energy site and those efforts hampered by the weather. He stated that the southend update re. special assessments - that the extreme southend of the city, dike alignment that has currently been approved by the general evaluation report follows County Road 8 to Merrifield Road and then proceeds west until it ties in with the high ground (current approved alignment) and when this alignment came out there were several concerns raised by neighborhood groups in the far southend in the Burke Addns. and since then several studies have been undertaken to determine alternative alignments to see which ones possible, and the City has Barr Engineering under contract to complete a study on the geotechnical and hydraulic feasibility of some of those different alignments, and the City is waiting for the engineering report and when receive that, will continue discussion with the neighborhoods. He stated that the Special Assessment district was drawn up and approved by the city council on July 1999, because there was and still is some uncertainty to the alignment all the area currently outside the city limits were included as a future assessment district, and this provides notification to current or prospective owners that there is a possibility of future assessments in the area, and leaves the door open for the possibility of the County doing an assessment out there. He stated that these areas will not be special assessed by the City for this project until three things happen: 1) the City would need to annex the area, 2) the assessment district would need to be modified to include them and 3) the Special Assessment Commission would need to determine that they receive a benefit and two of those actions would be accomplished by the city council. He commented on update on some past meetings, did have a partnering session with the Corps of Engineers on October 18 and there will be a synopsis prepared and distributed; and noted that they have 3 public input sessions coming up for residents to view the levee design concept, those will be held Tuesday, November 14 at Phoenix Elementary School; Thursday, November 16 at city council chambers; and Tuesday, November 21 at the civic auditorium and will be getting individual neighborhood notifications.
Council Member Burke stated that the Greenway Division has been meeting on a regular basis with the Park District to discuss cooperation on the management of the greenway and activities, etc. and asked in the greenway update that they provide a regular update on the status of those discussions and what discussion points are and resolutions being arrived at.
Council Member Bjerke questioned time of the committee of the whole meeting re Community Green on Monday, November 27 at 7:00 p.m. and under greenway they are meeting at 5:00 o’clock that night; and asked if they could make that later for those who work until 5:00 p.m. Council Member Bjerke requested the meeting be scheduled for 6:30 p.m., Council Member Brooks seconded the motion.
Mr. Grotte stated the deadline for holding public meetings to discuss preliminary designs of the dike over the next couple weeks and date to get back to the Corps of Engineers is 29th of November.
Council Member Kreun stated that in the information that was sent out, and during their partnering session these were some of the problems that they encountered and in order to save the community $5 to $7 million per year in flood insurance premiums and to do the remapping, this is part of the shortening of the construction project as far as the levee goes and they are asking the public to come with the questions and have suggestions and be able to make the decisions without going back 2 and 3 weeks to deliberate on them; and want them to come with the available information and to have some decisions and ideas on how this can be accomplished so they can shorten the construction project and save some monies. Council Member Christensen stated they should have an agenda published, information available to the public so they would be in a position to comment on proposals (have pictures of floodwalls, proposed art for floodwalls, etc.). Mr. Grasser stated this section was purposely selected because it didn’t have any floodwalls on it, looking at levees and the primary thing for the residents to look at in the different areas might be the architecture of the lift stations, (lift station in each section), that they don’t have the drawings for the floodwalls and there will be time to do that, and are trying to get that information as early as can; that they are under a tight timetable but did try to select this first phase to be relatively non-controversial, basically the earthen levee type sections. Mr. Grotte stated there are no floodwalls in this area and to get a sense of what things will look like - there will be further reviews, this is mainly to look at park benches, lamp posts, etc. used throughout the project, closure for roads. He stated it is a three-week review period.
Council Member Brooks and Bjerke stated they would accept a friendly amendment to change the time to 6:00 p.m. on November 27, 2000. Carried 11 votes affirmative.
APPROVE MINUTES OCTOBER, 2, 16 AND 23, 2000
Typewritten copies of the minutes of the regular meeting of the city council held on Monday, October 2, 2000, the adjourned meetings held on Monday, October 16 and Monday, October 23, 2000, were presented and read. Council Member Bjerke noted that corrections needed to be made on October 2 at the top of page 2, motion carried 13 votes affirmative; on October 16, page 3, motion should be 12 votes affirmative rather than 13; and on October 23, page 12, under motion to approve assessments for Sewer Project No.4939.0, Bjerke voted no. It was moved by Council Member Brooks and seconded by Council Member Klave that the minutes be approved as corrected. Carried 11 votes affirmative.
SUSPEND AGENDA TO CONSIDER SENIOR CITIZENS
BUS OPTIONS
Council Member Burke moved to suspend the agenda to consider the matter of the Senior Citizens bus service options; Council Member Hamerlik seconded the motion. Carried 11 votes affirmative.
The Bus Committee reported having to move forward with options of the Senior Citizens bus service and review the information October 26 and make a decision to move forward at that time. It was moved by Council Member Bakken and seconded by Council Member Hamerlik
Richard Warne, administrative coordinator, reported the senior citizens bus issue had been referred to staff (Todd Feland, Roger Foster and himself), that through September the council provided $20,000 in funding to support the senior citizens bus service; that on September 18 the council voted to appropriate $29,000 for financial support to the senior busing system through December 31, 2000 and voted to provide $58,000 in FY2001 budget for the senior bus service, and asked that the senior bus service be integrated into the City’s public transportation system and that it be referred to staff for recommendation and a date certain as to when implementation can take place. He reported that the staff’s recommendation was as follows: That Grand Forks continue to provide a bus system in Grand Forks and East Grand Forks, this is primarily the fixed route system and there’s a study now that may change it from a fixed route to a deviation route, that the City operate the senior bus service and integrate it into the Grand Forks City Public Transportation System; that we use the current senior citizen bus service vehicles and drivers, provide the same level of passenger service as existing service, that we charge the same amount that has been heretofore charged, which was $1.00, the Bus Committee recommended that we charge $1.25 if a single ticket is purchased and $1.00 if tickets purchased in groups of 10 and continue to provide the current dial-a-ride service through the two taxicab companies that currently operate in Grand Forks.
Mr. Warne noted that on page 4 of the report that by proceeding in this manner the City’s contribution would be $28,952.00 which is just under $30,000 less than what the city council had decided to do on September 18, that they propose to operate the system for an annual cost of $68,396.00 and is approximately a $44,000 decrease from what the Senior citizens Center is currently operating the system for (because of the economies of scale that the City can achieve - by purchasing gasoline and no state or federal taxes, have our mechanics so can service the vehicles, buy parts for less, and can operate the exact same system that’s in place except the City would operate instead of the Senior Citizens Center. He stated this proposal has been presented to the Senior Board and they voted unanimously to support it, and in addition to that the Bus Committee voted to recommend it to the city council. He stated that this afternoon an issue has been raised as it relates to the Americans with Disabilities Act, whether or not the City can charge a different rate as opposed to what we are charging for the dial-a-ride; doesn’t think there is a violation but can will review that with the city attorney.
Council Member Hamerlik stated that at the committee meeting he raised questions as to other sources of income - grants and Medicare, which would reduce the amount that the City would be obligated if either of those came through. Mr. Warne stated they have reviewed that and it is outlined on page 4 in the financial statement. Mr. Foster stated he had been in contact with Mr. Terry Wetzel, Director of Medicade, and what they are able to do to realize that revenue is to establish a list and send that to the State Office of those individuals who are going to medical or clinic appointments and be able to get a full refund of our operating costs. Mr. Foster stated he did contact the Federal Transit Administration and difference in rates is not an issue since this is a special bus service, so not an issue the difference in cost, St. Cloud does the same thing.
Mr. Warne stated they would do the legal research in the next couple weeks and bring it back at the next meeting; and thinks we should resolve the issue before we act and his recommendation would be that tonight we answer any questions on the proposal, that do the appropriate legal research and put it on the agenda for next week.
There was some discussion as to what to do with the proposed savings and Mr. Warne suggested leaving the money there because at some point purchase new vehicle and given the federal match, that $30,000 would buy approx. 2 or 3. Mr. Feland stated that their estimates are good but that we haven’t run the system and when look at the Medicade and the revenue from the fare box, estimating those upon customers that they currently have, and should have a little cushion.
Howard Swanson, city attorney, stated he raised the question some time ago and that when he and Mr. Foster spoke the question was not with regard to a discrepancy in fare but whether or not the City could provide the service, that he has no information as to what federal agencies opinion is or how exactly St. Cloud is looking at, and not in a position that he can tell the council with any degree of certainty that it does not violate the ADA, and has a question and raised it much earlier than today, and would be very interested in knowing more of Mr. Foster’s conversation; as far as whether the council wants to move forward or not, he agrees with Mr. Foster, the issue is not whether you can provide the service, clearly that is within your authority to do so, the question is a fare/rate question.
Council Member Klave questioned using current senior citizen vehicles and drivers or hire the same, and asked if their employees would now become employees of the City of Grand Forks and integrate them into our system; Mr. Warne stated that would be the plan and would have to work through that with Human Resources Department but would transfer their employees and vehicles over to us.
Council Member Bakken stated that the cost that the staff has gotten may or may not be good numbers, because they haven’t done it yet; but there are going to be some issues coming up on bus replacement, kind of buses we replace and cost; and if looking long range on the City doing this, that it’s going to be an increasing cost; and bear in mind for future budgeting, that dial-a-ride will increase and even though received federal money, still have to match their funds.
Council Member Hamerlik stated that at the last meeting they approved $58,000 and approved the program to work with Senior Citizens and instructed the staff to work out the details; Option A, saving the City nearly $30,000 by the plan they have organized and presented to us, respect the need to make sure we are in compliance with ADA, etc. and suggested that we vote on this and in the event by the next meeting we find that we are in some line of jeopardy, we can have a motion to reconsider; and moved and called for the question. Council Member Gershman seconded the motion. Carried 11 votes affirmative.
Upon voice vote, the motion carried.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE TEXT OF THE LAND
DEVELOPMENT RELATING TO WIRELESS COMMUNI-
CATION TOWERS AND ANTENNAS TO DECEMBER 18
An ordinance entitled “An ordinance amending specific sections of Chapter XVIII of the Grand Forks City Code and enacting a new section relating to wireless communication antennas and towers”, which had been introduced and passed on its first reading on August 7, 2000, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Brown called for the public hearing; there were no comments and the hearing was closed.
Council Member Gershman stated that on page 9 (3) (A) there doesn’t seem to be any controls to the number of towers that could be put up anywhere, that he has concern about that and asked that they consider adding to that some controls over the number of towers within a given area.
COUNCIL MEMBER HOFF EXCUSED
Dennis Potter, city planner, stated that the suggestion is acceptable and that they will look at that.
The city auditor presented and read the recommendation from the Planning and Zoning Commission that that they had considered the request 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 related to wireless communication facilities, amending Section 18-0206 A-1 (Limited Development) District, amending Section 18-0208 R-1 (Single Family Residence) District, amending Section 18-0209 R-2 (One and Two Family Residence) District, Section 18-0210 R-3 (Multiple Family Residence- Medium Density) District, Section 18-0211 R-4 (Multiple Family Residence, High Density) District, Section 18-0212 R-5 (Mobile Home Residence) District, Section 18-0213 R-M (Manufactured Home Residence) District, Section 18-0214 B-1 (Limited Business) District, Section 18-0215 B-2 (Shopping Center) District, Section 18-0216 B-3 (General Business) District, Section 18-0217 B-4 (Central Business) District, Section 18-0218 I-1 (Light Industrial) District, Section 18-0221 U-D (University) District, Section 18-0303 Height, Section 18-0310.1 relating to wireless communication towers and antennas, and recommended tabling the request until the December 6, 2000 Planning and Zoning Commission meeting.
It was moved by Council Member Kreun and seconded by Council Member Klave to approve the recommendation and to continue the public hearing and second reading of the ordinance to December 18, 2000. Carried 10 votes affirmative.
ADOPT ORDINANCE NO. 3865, RELATING TO THE
EVENTS CENTER COMMISSION
An ordinance entitled “An ordinance amending Sections 24-0201, 24-0202, 24-0203, 24-0204, 24-0205, and 24-0306 of the Grand Forks City Code heretofore effective relating to the Events Center Commission”, which had been introduced and passed on its first reading on October 16, 2000, was presented and read for consideration on second reading and final passage.
Council Member Hamerlik reported that the Events Center Core Committee recommended to amend the ordinance to delete (A) under Section 24-0202, (2), and re-letter accordingly if the city attorney concurs, that the city attorney has concurred, and that under (2) Limitation upon exercise of powers. (A) read “Any contract for alterations, additions or modifications to the realty and facilities, other than routine maintenance items, shall be subject to approval by the city council; and moved to delete (A) under Section 24-0202 (2) and re-letter accordingly. Council Member Klave seconded the motion.
COUNCIL MEMBER HOFF REPORTED BACK
Council Member Christensen clarified the redundancy in the ordinance, and stated that the Events Center Commission would be charged with operating the Events Center based upon the budget they submit to the city council and approved by the council, and this ordinance calls for a capital improvement portion of their budget, that they would be operating within the budget that the city council has approved and the capital improvements. He stated that if we want to maintain council control over modification of the realty or facilities, we could include “any contract for alterations, additions or modifications to the realty and facilities other than approved in the budget shall be subject to approval by the city council.”
Upon call for the question on the amendment and upon voice vote, the motion carried.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3866, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF SERVICE 4TH SUBDIVISION TO THE CITY
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 he plat of Service 4th Subdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on October 16, 2000 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor reported that the Planning and Zoning Commission had reported having considered the matter of the request from Pribula Engineering on behalf of John and Irene Campbell for final approval of the plat of Service 4th Subdivision to the city of Grand Forks, North Dakota, being a portion of the NW ¼ of the NE ¼ and the NE ¼ of the NW ¼ of Section 32, T152N, R50W of the 5th Principal Meridian (located south of 27th Avenue North between North 32nd and North 34th Streets), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Member Kreun and Council Member Klave. Carried 11 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, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 3867, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF SERVICE 4TH SUBDIVISION
An ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, all of Service 4th Subdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on October 16, 2000, and upon which public hearing had been scheduled for this evening, was presented and read for second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
The city auditor reported that the Planning and Zoning Commission had reported having considered the matter of request from Pribula Engineering on behalf of John and Irene Campbell for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District, all of Service 4th Subdivision to the city of Grand Forks, North Dakota (located south of 27th Avenue North between North 32nd and North 34th Streets), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation was moved by Council Member Kreun and seconded by Council Member Klave, Carried 11 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, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.
ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF STORM SEWER RESERVE
REVENUE BONDS, SUBORDINATE SERIES 2000C TO
FINANCE THE UNDERTAKING OF AN EXPANSION AND
IMPROVEMENT TO THE MUNICIPAL STORM SEWER UTILITY
The city auditor reported that the notice to the public that the City proposes to construct storm sewer system improvements as follows: land acquisition for southend drainway and portion of public works facility renovation, that the estimated cost of the improvements is $1,075,000, and that the City proposes to issue bonds to defray the above estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 6, 2000 meeting, had been published as required; and further that no protests had been filed with his office.
Mayor Brown called for the public hearing; there were no comments and the hearing was closed. .
It was moved by Council Member Hamerlik and seconded by Council Member Gershman to declare an insufficiency of protest against the issuance of such bonds. Carried 11 votes affirmative.
Committee No. 1, Finance, reported having considered the award of sale of bonds: $1,075,000 Storm Sewer Reserve Revenue Bonds, Series 2000C, and recommended approval of the resolution authorizing the issuance and awarding the sale of Storm Sewer Reserve Revenue Bonds, subordinate Series 2000C to finance the undertaking of an expansion and improvement of the Municipal Storm Sewer Utility and award the sale to Dain Rauscher at an interest rate of 5.2978059%.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 11 votes affirmative.
The city auditor reported that a proposal for the purchase of the $1,075,000 Storm Sewer Reserve Revenue bonds, Subordinate Series 2000C (the “Bonds”) of the City had been received from Dain Rauscher Incorporated in Chicago, Illinois, and associates and the purchase price, interest rates and net interest cost under the terms of such proposal were found to be as follows: $1,058,875.00, 5.2978059%.
Council Member Hamerlik introduced the following resolution authorizing the issuance and awarding the sale of Storm Sewer Reserve Revenue Bonds, Subordinate Series 2000C: Document No. 8050 -Resolution.
Upon vote being taken thereon, the following voted in favor thereof” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.
ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF WATER RESERVE
REVENUE BONDS, SERIES 2000D TO FINANCE THE
UNDERTAKING OF AN EXPANSION AND IMPROVEMENT
TO THE MUNICIPAL WATER UTILITY; AND ADOPT
SUPPLEMENTAL RESOLUTION RELATING TO $7,895,000
WATER RESERVE REVENUE BONDS, SERIES 2000D TERM
BONDS
The city auditor reported that the notice to the public that the City proposes to construct water system improvements as follows: 7 mg tank modifications water meter replacement, distribution improvements and public works facility renovation, that the estimated cost of the improvements is $7,895,000, and that the City proposes to issue bonds to defray the above estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 6, 2000 meeting, had been published as required; and further that no protests had been filed with his office.
Mayor Brown called for the public hearing; there were no comments and the hearing was closed. .
It was moved by Council Member Hamerlik and seconded by Council Member Gershman to declare an insufficiency of protest against the issuance of such bonds. Carried 11 votes affirmative.
Committee No. 1, Finance, reported having considered the award of sale of bonds: $7,895,000 Water Reserve Revenue Bonds, Series 2000D, and recommended approval of the resolution authorizing the issuance and awarding the sale of Water Reserve Revenue Bonds, Series 2000D to finance the undertaking of an expansion and improvement of the Municipal Water Utility and award the sale to Dain Rauscher at an interest rate of 5.3595%.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 11 votes affirmative.
The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $7,895,000 Water Reserve Revenue Bonds, Series 2000D (the “Bonds”) of the City bids for which were to be considered at this meeting as provided by resolution adopted September 5, 2000. The affidavit was examined and approved and ordered placed on file.
The city auditor reported that 1 sealed bid and 2 electronic bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8050.1 - Bid Tabulation.
Council Member Hamerlik introduced the following resolution and moved its adoption, which motion was seconded by Council Member Gershman: Document No. 8050.2 - Resolution.
Upon vote being taken thereon, the following voted in favor thereof” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.
Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8050.3 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun, Burke - 11; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF SANITATION RESERVE
REVENUE BONDS, SERIES 2000E TO FINANCE THE
UNDERTAKING OF AN EXPANSION AND IMPROVEMENT
TO THE MUNICIPAL SANITATION UTILITY
The city auditor reported that the notice to the public that the City proposes to construct sanitation system improvement as follows: construction of solid waste baling facility, that the estimated cost of the improvements is $4,255,000, and that the City proposes to issue bonds to defray the above estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 6, 2000 meeting, had been published as required; and further that no protests had been filed with his office.
Mayor Brown called for the public hearing; there were no comments and Mayor Brown declared the hearing closed. .
It was moved by Council Member Hamerlik and seconded by Council Member Gershman to declare an insufficiency of protest against the issuance of such bonds. Carried 11 votes affirmative.
Committee No. 1, Finance, reported having considered the award of sale of bonds: $4,255,000 Sanitation Reserve Revenue Bonds, Series 2000E, and recommended approval of the resolution authorizing the issuance and awarding the sale of Sanitation Reserve Revenue Bonds, Series 2000E to finance the undertaking of an expansion and improvement of the Municipal Sanitation Utility and award the sale to Dain Rauscher at an interest rate of 5.3712%.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 11 votes affirmative.
The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $4,255,000 Sanitation Reserve Revenue Bonds, Series 2000E (the “Bonds”) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 5, 2000. The affidavit was examined and approved and ordered placed on file.
The city auditor reported that 1 sealed bid and 2 electronic bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8050.4 - Bid Tabulation.
Council Member Hamerlik introduced the following resolution an moved its adoption, which motion was seconded by Council Member Gershman: Document No. 8050.5 - Resolution.
Upon vote being taken thereon, the following voted in favor thereof” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.
ADOPT RESOLUTION VACATING A PORTION OF
KITTSON AVENUE LOCATED BETWEEN SOUTH 4TH
AND SOUTH 5TH STREETS
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the northwesterly 10 feet of Kittson Avenue as platted and dedicated on the Replat of Lots 1, 3, 5, the south half of Lot 6, and all of 7, 8, 9, 10, 11, 12, 13, 14, 15 and part of 16, Block 27, Town of Grand Forks (D.T.), North Dakota, adjacent to Lot B, Block 27 of said Replat of Town of Grand Forks, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 11 votes affirmative.
Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8051 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION VACATING PORTION OF 8TH
AVENUE NORTH LYING SOUTH OF BLOCK C AND
NORTH OF LOTS 1 AND 2, BLOCK 59, ALEXANDER AND
IVES ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of 8th Avenue North (formerly Jennie Avenue) lying south of Block C and north of Lots 1 and 2, Block 59 Alexander and Ives Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.
Council Member Klave introduced the following resolution which was presented and read: Document No. 8052 - Resolution.
It was moved by Council Member Kreun to amend the resolution to retain a 10 ft. sidewalk utility easement and roadway easement adjacent to the North Washington Street right of way. The amendment was seconded by Council Member Klave. Carried 11 votes affirmative.