Council Minutes
PROCEEDINGS OF THE CITY COUNCIL OF THE
CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, January 20, 1998
The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Tuesday, January 20, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; absent: Council Members Polovitz, Hagness - 2.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
APPROVE MINUTES
Typewritten copies of the minutes of the city council meetings held on Tuesday, September 2, 1997 and Monday, January 5, 1998, were presented and read. It was moved by Council Member Beyer and seconded by Council Member Hafner that these minutes be approved as read. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3694, AMENDING ZONING
MAP TO INCLUDE CONDITIONAL USES BY ADDING
PARAGRAPH (E) DANCING SCHOOLS UNDER CERTAIN
CONDITIONS IN R-1 (SINGLE FAMILY RESIDENCE)
DISTRICTS
An ordinance entitled "An ordinance relating to the Grand Forks City Code, Chapter XVIII, Land Development; Article 2 Zoning; Section 18-0208, R-1 (Single Family Residence) District; subsection (3) conditional uses by adding paragraph (E) dancing schools under certain conditions", which was presented, read and passed on its first reading on December 15, 1997 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 Owens called for the public hearing; there were no comments and the public hearing was closed.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Nancy Pasley Ballet School for approval of an ordinance to amend the Grand Forks City Code; Chapter XVIII, Land Development; Article 2 Zoning; Section 18-0208 R-1 (Single Family Residence) District; Subsection (3) Conditional Uses by adding paragraph (E) Dancing Schools under certain conditions, and recommended final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hamerlik and Babinchak.
Council Member Sande asked to be excused from voting on this matter as well as the recommendation relative to the approval of a conditional use permit to permit a dancing school and a child care center. It was so moved by Council Member Babinchak and seconded by Council Member Hafner that Council Member Sande be allowed to be excused from voting on these matters. Carried 11 votes affirmative.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting "nay": none; Council Member Sande abstained from voting. Mayor Owens declared the ordinance adopted.
APPROVE CONDITIONAL USE PERMIT TO ALLOW
DANCING SCHOOL AND CHILD CARE CENTER AT
1002 PARK DRIVE
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Nancy Pasley on behalf of the Nancy Pasley Ballet School for approval of a conditional use permit to permit a dancing school and a child care center on Lot C, Block 8, Cox's Addition to the city of Grand Forks, ND (located at 1002 Park Drive), and recommended approval of the conditional use permit subject to passage of the ordinance allowing dancing schools. The recommendation had been moved and seconded by Council Members Hamerlik and Babinchak.
Mayor Owens called for the public hearing; there were no comments and the public hearing was closed.
It was moved by Council Member Hamerlik and seconded by Council Member Klave to approve the conditional use permit to allow a dancing school and a child care center at 1002 Park Drive (Lot C, Block 8, Cox's Addition). Carried 11 votes affirmative; Council Member Sande excused from voting on this matter.
CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT
OF VERN'S ADDITION TO FEBRUARY 17, 1998
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 Vern's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 17, 1997 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
The Planning and Zoning Commission reported that they had considered the matter of the request from CPS, Ltd. on behalf of Vern Gornowicz for final approval of a plat of Vern's Addition, Grand Forks County, North Dakota, lying within a portion of the Southeast Quarter of Section 35, Township 152 North of Range 51 West of the 5th Principal Meridian (located on the north side of U.s. Highway No. 2 between the Grand Forks Gun Club and Swangler Auto Wrecking and currently occupied by Swangler Building Movers), and recommended to table and continue the public hearing on the ordinance amending the Street and Highway Map until February 17, 1998.
It was moved by Council Member Sande and seconded by Council Member Beyer that this recommendation be and is hereby approved and the public hearing and second reading of the ordinance be continued to February 17, 1998. Carried 12 votes affirmative.
APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 702 SOUTH 9TH STREET
The city auditor reported that the notice of public hearing on the application by Jerald Notbohm to move a building from 716 South 4th Street to 702 South 9th Street to be used as a garage, had been published and posted as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.
Robert Beery, 704 South 9th Street, asked if there were any variances to the zoning required, and Mr. Mansz replied that this meets all set-back requirements in the Code.
Mayor Owens closed the public hearing.
Committee No. 3, Public Service, reported having considered the matter of application from Jerald Notbohm to move building to 702 South 9th Street (garage), and recommended to approve the application subject to the public hearing.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved and further that Mr. Notbohm be and is hereby authorized to move the building. Carried 12 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 97-22, dated January 20, 1998 and totaling $4,117,009.44, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.
It was moved by Council Member Sande and seconded by Council Member Hafner 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 Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
INTRODUCE ORDINANCES RELATING TO INCREASES IN
UTILITY RATES
Committee No. 1, Finance, reported having considered the matter of increased rates for various public works departments: a) sanitation division, b) wastewater division, c) stormwater division, and d) water division, and recommended to approve the recommended utility rate increases, and to introduce ordinance for first reading.
It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Sande introduced an ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to water, wastewater, stormwater, and sanitation user charges, rates and fees", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE RELATING TO TEMPORARY
EMERGENCY RECLASSIFICATIONS
Committee No. 1, Finance, reported having considered the matter of the division of the Code for temporary emergency reclassifications, and recommended to introduce ordinance relating to emergency appointments and promotions for first reading.
It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Sande introduced an ordinance entitled "An ordinance amending Section 6-0524 of the Grand Forks City Code relating to emergency appointments and promotions", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDMENT TO DEFINE
PROBATIONARY EMPLOYEE
Committee No. 1, Finance, reported having considered the matter of the division of the Code for temporary emergency reclassifications, and recommended to introduce ordinance relating to the definition of a probationary employee with technical corrections.
It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Sande introduced an ordinance entitled "An ordinance amending Section 6-0101 of the Grand Forks City Code relating to the definition of a probationary employee", which was presented, read and passed on its first reading.
APPROVE PLEDGED SECURITIES
Committee No. 1, Finance, reported having considered with the city auditor the requirements of the North Dakota Century Code, as amended, which require that pledges made by designated depositories of the public funds be approved in January of each even numbered year and semi-annually, and that we have examined the records and found that The First National Bank of Grand Forks has deposited with the Bank of North Dakota in a designated pledge pool $38,016,600, for which a memorandum is attached, all of which have been pledged as securities for public funds for the members of the pledge pool, which requires a pledged amount of $37,717,297, and recommended that these pledged securities be and are hereby re-approved as required.
It was moved by Council Member Babinchak and seconded by Council Member Beach that approval of review of pledged securities. Carried 12 votes affirmative.
AUTHORIZE ALLEY IN BLOCK 9, HOLES CENTRAL
ADDITION AND LOCATED SOUTH OF 4TH AVENUE
SOUTH BETWEEN COTTONWOOD AND CHERRY STREETS
BE MADE ONE-WAY
Committee No. 2, Public Safety, reported having considered the matter of petition for approval to vacate and/or abandon a 10-foot wide strip of alley r/W lying between Lots 1, 2, 3, 4, 5 and 40, Block 9, Holes Central Addition (located south of 4th Avenue South between Cottonwood and Cherry Streets), and recommended that the alley be made one-way with traffic to travel from north to south.
It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE CLOSING ONE LANE OF TRAFFIC ON
CHESTNUT STREET BETWEEN 4TH AND 5TH AVENUES
SOUTH FOR CONSTRUCTION OF BELMONT SCHOOL
Committee No. 2, Public Safety, reported having considered the request from Mortenson to close one lane of Chestnut Street between 4th and 5th Avenues South, and recommended to approve request and direct street department to install appropriate signage.
It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE BUDGET AMENDMENT
A request for budget amendment for the Engineering Department in the amount of $3,130.00 to reflect reimbursement for insurance payment from General Fund revenue to repair leased vehicle was presented and read. It was moved by Council Member Hafner and seconded by Council Member Lucke that this amendment be and is hereby approved. Carried 12 votes affirmative.
APPROVE NEW ACCOUNTS RECEIVABLE POSITIONS
AND BUDGET AMENDMENT FOR FUNDING
Committee No. 4, Urban Development, reported having considered the matter of new accounts receivable position, and recommended that we approve reallocation of positions and eliminate housing technician and substitute position of accounting technician.
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Committee No. 4, Urban Development, reported having considered the matter of new accounts receivable position and recommended that we approve the budget amendment to cover the difference between the top of a Grade 13 to the top of a Grade 15 position (request to increase expenditure account was attached).
It was moved by Council Member Bouley and seconded by Council Member Beach that this amendment be and is hereby approved. Carried 12 votes affirmative.
APPROVE BUDGET TRANSFER OF BEAUTIFICATION
FUNDS
Committee No. 4, Urban Development, reported having considered the matter of carry over of beautification funds, and recommended that budget amendment of $123,905.65 be approved (carry over of 1996 and 1997 projects not completed).
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE REQUEST FOR FORGIVENESS OF REHAB
LOAN AT 413 2ND AVENUE SOUTH
Committee No. 4, Urban Development, reported having considered the matter of request to forgive rehab loan on property at 413 2nd Avenue South (house was
in Phase II of the buyout), and recommended to forgive rehab loan in the amount of $5,267.76 to Jill Knaus, owner of property at 413 2nd Avenue South.
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE PLAN FOR CITY GOVERNMENT REVIEW
Committee No. 4, Urban Development, reported having considered the matter of city government review, and recommended to approve plan for the council to consider and implement (Council to determine which of the areas of review merit discussion or action in a committee of the whole meeting, that after meeting of the committee of the whole the council would adopt a tentative position on any desired change; the council should conduct public hearings on any area of review where a change is seen as desired, any area where public comment isappropriate or useful, or any area where public comment is appropriate or useful, or any area where significant public interest exists; or the council should schedule a public vote on June 9, 1998 on any area of review where any major change is contemplated, and that minor committee realignments could be determined by the city council without a public vote.)
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved.
Council Member Beach reported that the committee didn't make any recommendation and suggested a committee of the whole meeting with some resource people available. Mr. Swanson reported that by virtue of amendments to the Century Code by legislature each community is obligated to undertake a study or review of the form of government in a number of specified areas, the intent is to determine whether there can be consolidation or joint powers exercised between the different governmental entities and whether different committees, etc. are still required. He reported that he has previously provided council with more detailed information and memos on that required study; that there is a statutory obligation to complete a review such as what Council Member Beach has outlined, it will entail some additional items not contained in Mr. Beach's memo that have specific requirements to be addressed. There was some discussion whether some committee should focus prior to that, however, council asked Mayor to hold committee of the whole meeting on this matter.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
APPROVE FINAL PLAT OF WESTACOTTS 4TH
RESUBDIVISION
The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Happy Harry's Bottle shop, Inc. and Vaberg, Inc. for final approval (fast track) of Westacotts 4th Resubdivision to the city of Grand Forks, ND, being a replat of several previous replats of Westacott's Subdivision (located at 2215 Gateway Drive), and recommended final approval subject to special conditions shown on or attached to the review copy.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE POLICY RE. USE OF SURVEILLANCE
EQUIPMENT ON CITY BUS VEHICLES
The Bus Committee reported having considered the matter of policy regarding use of surveillance equipment on city bus vehicles, and recommended approval of policy contingent on review and approval by city attorney.
It was moved by Council Member Sande and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE ARCHITECTURAL AGREEMENT WITH JOHNSON
LAFFEN ARCHITECTS, LTD. ON PERCENTAGE BASIS
The Flood Committee reported having considered the matter of architectural agreement with Johnson Laffen Architects, Ltd. (for Corporate Center), and recommended that the Office of Urban Development and Johnson Laffen work out whether hourly or percent to be paid initially, proceed with either option, and bring before the city council.
The Flood Committee reported having considered the matter of contract with Johnson Laffen Architects, Ltd. (for Corporate Center) and recommended to award standard contract on a percentage basis.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE PROJECT AWARD AND CHANGE ORDERS ON
VARIOUS FLOOD REPAIR/RENOVATION PROJECTS
The Flood Committee reported having considered the matter of Mortenson updates and recommended to approve all projects: Senior Citizens Center: Lunseth Plumbing & Heating, $2,405, $1,947 and $3,365; City Hall: Lakehead Constructors, $3,820, $26,058, Air Mechanical, $9,927 and $37,424, and Ron's Electric, $30,315, Jarl Pederson & Sons Painting, $1,910; Gaffaney's, $9,282; and Grazzini Brothers, $1,182 Civic Auditorium: Fritz Electric, $94,880.
The Flood Committee reported having considered the matter of Mortenson updates for residential demolition (23 homes and 28 homes), and recommended award of bids in the amounts of $73,600 and $105,000 to Gowan Construction.
The Flood Committee reported having considered the matter of Mortenson update for civic auditorium general construction (Alt. #1 women's restroom facility), and recommended award of bid to Klemestrud Plumbing & Heating in the amount of $28,000.
The Flood Committee reported having considered the matter of Mortenson update for civic auditorium, and recommended to award bid for general construction at civic auditorium (mechanical) to Klemestrud Plumbing & Heating in the amount of $16,800.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE DOWNTOWN COMMERCIAL REHABILITATION
GRANT PROPOSALS
The Flood Committee reported having considered the matter of Red River Cafe (315 DeMers Avenue in the amount of $154,100) and Cherished Moments (224 North 4th Street in the amount of $221,302) downtown commercial rehabilitation grant proposal, and recommended approval of the grants.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE PROGRAM TO AWARD HOME FUNDS THROUGH
SECURITY DEPOSIT ASSISTANCE GRANT
The Flood Response Committee reported having considered the matter of HOME funds as security deposits, and recommended approval of program to award HOME funds through the security deposit assistance grants.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.
AWARD CONTRACT TO ABATE BOUGHT OUT PROPERTIES
The Flood Response Committee reported having considered the matter of contract approval to abate second round of bought out properties, and recommended approval of EAS bid for abatement of second round of bought out properties as follows: for Pkgs. 6 through 10, $11,998, $11,895, $9,988, $27,998 and $6,984.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE STAFF TO WORK WITH COUNTY ON OBTAINING
ACQUISITION FIGURES TO MOVE FORWARD WITH COUNTY
OFFICE BUILDING PROPOSAL
The Flood Response Committee reported having considered the matter of County office building proposal, and recommended staff to work with County on getting acquisition figures and discuss with property owners with the intention of moving ahead with the project.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE PURCHASE OF PROPERTY AT 407 DEMERS
AVENUE
The Flood Response Committee reported having considered the matter of purchase of 407 DeMers, and recommended to authorize execution of purchase agreement with deletion of environmental hold harmless and indemnification provisions.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Council Member Bakken reported he voted against this matter in committee and pulled this item for discussion because he wanted public to know that they have now looked at alternate plans/locations of the buildings and most workable situation is using the building at 407 and making footprint as big as they can, and public needs to know that they looked at other alternatives which weren't workable. He reported that the negotiations on the hold harmless agreements done and that as City had done lab work it was prudent that the property owners go along with normal agreement and sign off on hold harmless. Council Member Hamerlik asked if this could be done now.
Mr. Swanson reported that only negotiations he has been involved in are language of purchase agreement and sellers have made it very clear in no uncertain terms that they are willing to sign a purchase agreement with the standard environmental indemnification provisions in the document.
Council Member Hamerlik reported that his concerns were to do with the price of the building. Mayor Owens reported that the owners have been holding for some time to see whether City was going to purchase that building at approximately $375,000 or they would redo building themselves. Mr. O'Leary reported that there was no room to go back and relook at price now, that they spent lot of time in looking at ways to acquire the building; that condemnation process is quite long (6-9 months) and no guarantee with condemnation that the price would be any different than negotiated purchase price, and during condemnation process City would be responsible for paying legal fees for both ourselves and the owners of the property as well as any other appraisals, etc. and if weigh that against negotiated purchase price it would seem unlikely that the City is going to save any money and delay project for a period of time. He reported that he appreciates the public's concern over the purchase price and regret that, but offsetting that is tremendous benefit that this project will have for the central business district, addition to tax base, creation of jobs and support of other businesses throughout the downtown area.
Council Member Glassheim reported that the property owners had certain amount of rent they could anticipate, was income producing property, that if they had taken original City valuation they could not build or buy another equal size building to produce equal rents, would have taken severe hit on their income for the city. He stated that the price the City pays them is fair price which will enable them to maintain the level of income that they would have had without selling it to the City.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Bakken, Hafner - 9; voting "nay": Council Members Lucke, Hamerlik, Babinchak - 3. Mayor Owens declared the motion carried.
APPROVE STAFFING REQUESTS
The Flood Response Committee reported having considered the matter of staffing requests for Home Buyout Program, and recommended to approve two staff assistants for the Home Buyout Program for the Office of Urban Development.
The Flood Response Committee reported having considered the matter of additional Info Center employee to be placed through CDBG (SNA) funding and work part-time in city attorney's office, and recommended to fund SNA position for Info Center and city attorney's office.
The Flood Response Committee reported having considered the matter of planning coordinator position, and recommended approval.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that these recommendation be and are hereby approved.
Council Member Klave asked for additional information on staffing for Info Center and city attorney's office. Mr. Swanson reported they are not adding any more personnel to the Info Center but Mr. Jelliff is an attorney and does provide some ability to do closings on part-time basis.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
APPROVE BUSINESS ASSISTANCE PROGRAM OUTSIDE
DOWNTOWN BOUNDARIES
The Flood Response Committee reported having considered the matter of business assistance program outside downtown boundaries, and recommended to approve business assistance program packages as recommended and to revisit with committee if problems are encountered.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Council Member Beach asked whether an affirmative motion would place program in existence, and if so on interest subsidy program, the program that the Bank of North Dakota already had in place from earlier this year specified that you could only bring one mortgage under this program for subsidy, and asked if this program would reflect that, or were number of mortgages unlimited. Terry Hanson, Urban Development, reported that the program written would follow the Bank of North Dakota's program. Council Member Beach stated that there were some provisions in these programs that will apply to council members and would they be eligible as well as general public. Mr. Swanson advised that the council can table or that there are parameters of whether council member can vote on a program that they might benefit from, so would prefer that council allow his office to review the proposals of the program or if need to expedite the adoption of the program, that any council member that might be in a position to seek participation may wish to abstain.
Council Member Beach asked to be excused from voting on this matter. It was so moved by Council Member Babinchak and seconded by Council Member Sande. Carried 11 votes affirmative.
Council Member Glassheim asked to be excused from voting on this matter. It was so moved by Council Member Carpenter and seconded by Council Member Babinchak. Carried 10 votes affirmative.
Council Member Klave asked to be excused from voting on this matter. It was so moved by Council Member Sande and seconded by Council Member Hafner. Carried 9 votes affirmative.
Council Member Beyer asked to be excused from voting on this matter. It was so moved by Council Member Babinchak and seconded by Council Member Bakken. Carried 8 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 8 votes affirmative.
APPROVE DESIGN CHANGE AND NEGOTIATION OF
CONTRACT MODIFICATIONS
The Events Center Core Committee reported having considered the matter of design modification, and recommended that we approve the design change and authorize Mr. Vein to negotiate contract modifications to incorporate this design change.
It was moved by Council Member Hamerlik and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE APPOINTMENTS TO MECHANICAL BOARD
Mayor Owens announced the appointment of Terrence Grundysen and Gregg Ehreth to the Mechanical Board for three-year terms expiring December 31, 2000, and asked for concurrence in these appointments. It was moved by Council Member Beyer and seconded by Council Member Klave that these appointments be and are hereby approved. Carried 12 votes affirmative.
APPROVE APPOINTMENT TO GROWTH FUND
Mayor Owens announced the appointment of Mike Porter as replacement on the Growth Fund for Fred Lawrence, and asked for concurrence in this appointment. It was moved by Council Member Beach and seconded by Council Member Hamerlik that this appointment be and is hereby approved. Carried 12 votes affirmative.
REFER VARIOUS ITEMS TO COUNCIL AND/OR COMMITTEE
Various items were presented to the council for consideration and referral to committee:
1) Council Member Carpenter reported that he had received comments from residents asking for information on thirty-day period on voluntary buyout offers and some people who may be in dike alignment asking if there is an extension to that thirty-day period. It was noted that this matter is on the next flood response committee agenda. Mr. Swanson reported that those individuals who are in the Phase 1A acquisition area are being granted 60-day extensions without any discussion and that is being handled through Wynne Consultants; that anyone interested in that can obtain that and is same policy they have had in both Phase I and Phase II, although the council should know that at some point those extensions are going to have to be brought down to a point where the City can determine what the participation rate is in of the phases. He noted that Phase III should have the same length of time as Phases I and II. He reported that in meeting today they decided to grant extensions in 60-day extensions and can be successive, can ask for multiple ones. He reported that the reason for the 30-day notice period was included so City gets some response (whether don't know, yes or no, or appeal), City has ability to track that file still alive and progress being made on it; that there are in both Phases I and II small number of people who have never responded and those files have effectively been closed, but some where there was some communication or request are active files. The question was asked whether property owner didn't respond, was there provision to re-open. Mr. Swanson stated City would have that ability to re-open, however, did make sure mail deliverable (return receipts) and where possible made phone contact. He reported that in Phase I, talking approx. 4, and Phase II about same. Mr. Swanson stated they would leave that up to the property owner to make the contact. He reported though at some point they will be coming forward and asking that a final deadline date be established for the phases. Council Member Glassheim reported that some of the individuals in his area want a 4-month delay so that after a dike line is adopted the Corps has a chance to look at the individual properties and make the individual designs and they don't want to make the decision until they know that their house can be saved or can't be but would like a certain period of time as Corps would do individual designs into June or July. Council Member Beyer reported that she is hearing that from individuals in Phase IA that they are close and that final design criteria from the Corps with actual placement is due in June or July and because so close they need to know where the footprint is exactly. Mr. Swanson reported that if individuals would like additional extensions to so request, and that directions were given to Wynne Consultants today to be liberal in their granting of extensions.
There were some questions about whether property owner has option to move his house, lots available to move houses to and whether City will assist in moving the homes and program on how to address that; Mr. Swanson reported that the property owner has the ability to sell his real estate only and retain the structure to allow them to move it, however, those questions should be directed to the flood response committee and the tri-chairs, and that Council Member Glassheim had brought forward a program earlier this year dealing with house moving and compensation. Council Member Bakken reported that there is a policy being looked at and guidelines will be brought back from flood response committee for consideration. Council Member Hafner reported that staff is counting lots that may be available for infill, looking at houses available for moving and trying to match them with up to develop a program. Council Member reported that program had been passed and asked that this be checked.
2) Council Member Hamerlik reported that he has been concerned re. terminology in our Code and that is "part-time" and "full-time" and those terms that we use, that full-time doesn't mean they are working full time, etc. and have Human Resources look at that. Mr. Swanson reported that many of the terms used by staff and council do not appear in the Code, the classifications in the Code are full-time employee which is a classified employee working at least 40 hours/week or anticipated, and also a permanent part-time employee that is an unclassified position working at least 20 hours week but less than 40, that there is a seasonal employee and a temporary employee, that the phrase "part-time", "full-time" is pure slang and doesn't appear in the Code.
3) Council Member Beach brought up the matter of 407 DeMers, thinks the City took the high road on this issue, that the downtown business subsidy was announced for the rehabbing of downtown and if the City had been more conspiratorial, that rehab program could have been postponed until purchase accomplished of those particular buildings that the City wanted, but was done in the other order, and that program when adopted had the net effect of raising the value of virtually every building downtown, and that led us to the price that everyone felt was inflated and wants to remind ourselves that we took the high road, had all the cards on the table when these negotiations took place.
4) Mayor Owens asked council whether they wanted to participate in another Town Hall meeting on February 9 or later. Kevin Dean, Info Center, reported that there are two public hearings scheduled re. input from Army Corps report on February 12, and on February 18 and 19 public meetings re. dike diversion.
Council Member Hafner reported that neighborhood meetings should also be held. Town Hall meeting scheduled for Monday, February 9, at 7:00 p.m.
5) Council Member Hafner reported that he was in attendance at meeting today when Mayor Owens received Service to Mankind award from the local Sertoma Club and offered congratulations. Mayor Owens stated that award is for all of us and has been a true team effort and accepts with that acknowledgement.
6) Council Member Bakken reported he has received calls re. street into Red River High School (school property) and parents have requested that street be sanded and were informed that City can't sand unless School requests it, but perhaps need to work something out with the School.
7) Council Member Bakken stated that they haven't addressed city's infrastructure needs and haven't allocated funds for that, but need to remember that lot of infrastructure damaged by flood that needs to be fixed. and if don't allocate funds will need to raise taxes.
8) Council Member Beyer reported she had received call from property owner who owned mobile home, lost his home in the flood, lives in a FEMA trailer and asked whether he would qualify for relocation program (voucher program) to purchase a house. Mr. O'Leary reported that the program is concentrated on individuals in the voluntary buyout program, and presently wouldn't qualify. The matter was referred to the flood response committee.
9) Ken Vein, city engineer, reported on decision making schedule for the Corps project, that on February 12 at noon there will be a briefing, on February 17 there would be a joint meeting of both city councils with recommendations from staff, with public hearings on February 18 12:00 noon and on February 19 7:00 p.m. with both meetings in Grand Forks for both Grand Forks and East Grand Forks, and on February 24 joint meeting at 12:00 noon for both councils and counties to discuss options and possibly make a preliminary decision, and on February 26 final council meeting to make the selection. He noted that these meetings are to deal with the dike diversion.
ADJOURN
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that we now adjourn. Carried 12 votes affirmative.
Respectfully submitted,
John M. Schmisek, City Auditor
Approved:
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Patricia A. Owens, Mayor