Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 16, 1998
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 16, 1998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.
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 NOVEMBER 2, 1998
Typewritten copies of the minutes of the regular meeting of the city council held on Monday, November 2, 1998 were presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that these minutes be approved as read. Carried 14 votes affirmative.
SUSPEND AGENDA TO CONSIDER ITEM RELATIVE
TO 47TH AVENUE SOUTH CORRIDOR
It was moved by Council Member Beyer and seconded by Council Member Klave to suspend the agenda to go to new business to receive a petition for 47th Avenue South corridor. Carried 14 votes affirmative.
It was noted that there were several people in the audience who have a petition regarding the 47th Avenue South corridor.
Tom Zimney, 4703 Chestnut, and Dick Ohlson, 4676 Wheatland Circle, presented petitions signed by approx. 250 people from areas around 47th Avenue South, and stated that they would like to dispel the rumor that 47`h Avenue South has no neighborhood, that they have a very diversified neighborhood that Grand Forks should want to keep and protect and that they want to protect their neighborhood. He stated that the arguments that were made relative to 17th and 32nd which this council adopted as valid, all apply to 47th; that there are safety issues that they are concerned about in those issues and there are other safety instances they are concerned about: Optimist Park and Ulland Park, the annexation of the new Christian School, that there is a new middle school that is being constructed on 47th Avenue South, and that there's potential for another elementary school across the street from the middle school and are all safety issues. They stated it is their position that there will be an agricultural bridge which MPO has discussed and if in Merrifield, which is a two mile drive, there will be a significant number of agricultural traffic, etc. that would travel by their property, which would have a significant devaluation of property. They stated that the bridge would seriously and permanently disrupt the lives of people who live there and would seriously impact the assessed value of the property, and urged council not consider placing a bridge on that street.
ADOPT ORDINANCE NO. 3747 TO AMEND ZONING
REGULATIONS ALLOWING MIXED-USED DEVELOP-
MENT IN B-1 AND B-2 ZONING DISTRICTS
An ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions, Section 18-0214, B-1 Limited Business District, Subsection (2) Uses Permitted, and Section 18-0215, B-2 Shopping Center District, Subsection (2) Uses Permitted", which had been introduced and passed on its first reading on October 19, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the City Planning Office for final approval of an ordinance to amend the Land Development Code, Rules and Definitions Section 18-0204(2); B-1 (Limited Business) District Sections 18-0214(2)(A) and (11)(B); B-2 (Shopping Center) District Section 18-0215(2)(WWW) and (11)(D) to allow mixed-use development, and recommended final approval and passage of the ordinance amending the Land Development Code. The motion had been moved and seconded by Council Members Hafner and Polovitz.
Dennis Potter, city planner, reported this would allow for mixed use development in B-1 and B-2 zones that would include residential in the development as part of an integrated commercial/residential development.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
RECEIVE AND FILE PETITIONS RELATING TO
47TH AVENUE SOUTH CORRIDOR
Mayor Owens again presented the matter of the petitions to council for their consideration.
Council Member Beyer stated that as chair of the MPO, that the plan they are currently working under has designated 47th Avenue South as a corridor and there is right of way purchased.
Council Member Lunak asked what they could do to get 47th Avenue South out of the plan. Council Member Beyer stated they do not have a plan right now but working off the 1991 plan until the new plan is adopted, that MPO cannot vote on it until get recommendation from the East Grand Forks and it is still on the table. She stated that MPO receives recommendation from this city council and from East Grand Forks city council and then have their plan which is approved, and that MPO plan does not have to have concurrence by both sides of the river, the MPO has to have the plan.
Council Member Klave moved to recommend to the MPO that no river crossing be installed at 47th Avenue South; the motion was seconded by Council Member Martinson.
Council Member Carpenter stated he was under impression that they suspended the agenda to allow a petition to be presented, not for discussion and a motion to occur, that this council is on record supporting a 47th Avenue bridge and doesn't know if that motion is even in order because it's been long since they already approved this; that they have to step back and look at the purpose of a bridge and may need a bridge closer than Merrifield Road which only addresses basically agricultural issues; and shouldn't be discussing it today.
It was then moved by Council Member Klave to change his motion to receive and file the petitions, the motion was seconded by Council Member Glassheim. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3748, AMENDING ZONING
REGULATIONS TO ALLOW MANUFACTURED HOMES
UNDER SPECIAL CONDITIONS IN A-1 AND A-2 DISTRICTS
An ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0204, Rules and Definitions, Subsection (2), Definitions, Section 18-0206, A-1 (Limited Development) District, Subsection (2)(A), and Section 18-0207, A-2 (Agricultural Reserve) District", which had been introduced and passed on its first reading on October 19, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Jerrod Burris for final approval of an ordinance to amend the Land Development Code Rules and Definitions Section 18-0204(2); A-1 (Limited Development) District Section 18-0206(2)(A) and the A-2 (Agricultural Reserve) District Section 18-0207(ll)(B) to allow manufactured homes under special conditions, and recommended final approval and passage of the ordinance amending the Land Development Code. The report had been moved and seconded by Council Members Hafner and Polovitz.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3749, AMENDING ZONING
REGULATIONS RELATAING TO MOBILE HOME
SALES IN I-1 (LIGHT INDUSTRIAL) DISTRICTS
An ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending and re-enacting Article 2, Zoning, Section 18-0218 (2) relating to mobile home sales in an I-1 (Light Industrial) District", which had been introduced and passed on its first reading on October 19, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Laurie Thompson on behalf of Pepsi Cola Bottling Company for final approval of an ordinance to amend the Land Development Code B-3 (General Development) District, Section 18-0216(2)(S) and I-1 (Light Industrial) District Section 18-0218(2)(11) to permit mobile and manufactured home sales lots including manufactured home sales offices subject to special conditions, and recommended final approval and passage of the ordinance amending the Land Development Code. The report had been moved and seconded by Council Members Hafner and Polovitz.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3750 TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE REPLAT OF LOTS 4, 13, 14, 15 AND 16, BLOCK
2, RIVERS EDGE RESUBDIVISION
An ordinance entitled "An ordinance to amend he Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lots 4, 13, 14, 15, and 16, Block 2, Rivers Edge Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Rivers Edge, L.L.P. for final approval of a replat of Lots 4, 13, 14, 15, and 16, Block 2, Rivers Edge Addition, Grand Forks, North Dakota (located east of Belmont Road and south of 49th Avenue South), 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 report had been moved and seconded by Council Members Hafner and Polovitz.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3751, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF MOLSTAD' S ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Molstad's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 19, 1998 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of MLD Land Company for final approval of a plat of Molstad's Addition to the city of Grand Forks, ND, being a portion of the East Half of the Southeast Quarter of Section 31, Township 152 North, Range 50 West of the 5th Principal Meridian (located north of 16th Avenue North and east of I29), 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 Plan. The report had been moved and seconded by Council Members Hafner and Polovitz.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3752, ANNEXING MOLSTAD'S
ADDITION TO THE CITY OF GRAND FORKS
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Molstad's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 19, 1998, was presented and read for consideration on second reading and final passage.
The deputy city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and been published as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON PLAT OF D.R.O. ADDITION TO DECEMBER 7, 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 D.R.O. Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 19, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Kindness Animal Hospital for final approval of the plat of DRO Addition to the city of Grand Forks, North Dakota, being a portion of the Southeast Quarter of the Southeast Quarter of Section 18, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the northwest corner of I-29 and 32nd Avenue South), and recommended tabling and continuing the public hearing on the ordinance amending the Street and Highway Plan until December 7, 1998.
It was moved and seconded by Council Member Hafner and seconded by Council Member Polovitz. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3753, ANNEXING D.R.O.
ADDITION TO THE CITY OF GRAND FORKS
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, D.R.O. Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 19, 1998, was presented and read for consideration on second reading and final passage.
The deputy city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and been published as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
HOLD PUBLIC HEARING ON CDBG ANNUAL
ACTION PLAN FOR 1999
The deputy city auditor presented and read the matter of the CDBG Annual Action Plan for 1999, upon which public hearing had been scheduled for this evening.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.
Committee No. 4, Urban Development, reported having considered the matter of annual action plan (open public hearing and approve action plan), and recommended to approve the annual action plan as follows: Annual Action Plan for the City of Grand Forks for fiscal year 1999 and FY 1999 CDBG funding proposals: 1. Renovation of multi-family housing: $357,000; 2. Special assessments for paving gravel road, $57,000; 3. GF Affordable Housing Program, $70,000; 4. Unprogrammed funds/Public Service, $125,000 (est.) and 6. Administration, $150,000.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved.
It was moved by Council Member Martinson to table this matter to the next council meeting, December 7, 1998. The motion was seconded by Council Member Lunak. Upon call for the question and upon voice vote, the motion was defeated.
John O'Leary reported that the income is coming from two sources, old loans and payback of some of the loans through the supplemental appropriation, but the program income from the supplemental appropriation falls under the new regulations and has to be 70% low moderate income benefit. He reported that the plan is a strategy on how to spend the dollars and if at some future point decide to amend that strategy, have the authority to do that. Mr. O'Leary reported that HUD has asked them in the last several years to do an action plan which addresses not only how you would spend CDBG money, but it entails other kinds of HUD assistance as well as a city-wide strategy for a variety of purposes, economic development, community development, housing and asks the City to address a strategy on how going to address those issues and deals not only with CDBG funds but lays out a road map of how to propose, acquire and use other kinds of HUD assistance as well as EDA and other sources of funds. He stated it's relatively new compared to what have been asked to do in the past process but same process has gone through in the last 3 to 4 years. Council Member Glassheim stated that the plan, except for the $500,000 of budgeted items which were listed, is a description of what's already been approved by council but not any new programs. Mr. O'Leary stated that one of the items in the action plan outlines what will happen to the Growth Fund, and this is a line item that has been approved year after year on budgeting some funds to assist in the attraction of new business and industry to Grand Forks; that HUD wants them to grow and one of the eligible expenditures is economic development, and they've chosen to use the Growth Fund for that because of the HUD regulations that normally go with CDBG money, and there's virtually everything in there that has been addressed by this body either through the Growth Fund or other actions that the council has taken on an annual basis; and not anything new that council hasn't already acted on.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
HOLD PUBLIC HEARING ON PROPOSAL FROM
4000 VALLEY SQUARE TO USE MIDA BOND FINANCING
FOR PORTION OF ACQUISITON AND INSTALLATION
OF PERSONAL PROPERTY AT 4000 24TH AVENUE SOUTH
The deputy city auditor reported that the city council had called for a public hearing to be held this evening for the purpose of conducting a public hearing on the proposal that the City issue its revenue bonds or other obligations in one or more series under the ND MIDA of 1995; that the proceeds of the revenue bonds, if issued, would be used to make a loan to 4000 Valley Square to pay part of the costs incurred and to be incurred in the acquisition and installation of personal property to be located at the existing health care facilities at 4000 24th Avenue South, with the maximum amount of bonds proposed to be issued to finance the project is $500,000; and further that no comments had been submitted to her office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make. There were none and the hearing was closed.
Council Member Martinson introduced the following resolution, which was presented and read: Document No. 7649 - Resolution (authorizing execution and delivery of master financing agreement and Schedule No. 1 and execution and delivery of various documents relating thereto).
It was moved by Council Member Martinson and seconded by Council Member Polovitz that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.
HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 1010 SOUTH 16TH STREET
The deputy city auditor reported that the notice of public hearing on the application by John Payne to move a building (garage) from 1424 Chestnut Street to 1010 South 16th Street 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. There were none.
Committee No. 3, Public Service, reported having considered the application for moving permit from John Payne to move building (garage) from 1424 Chestnut Street to 1010 South 16th Street, and recommended to approve the application for moving permit, subject to the public hearing.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved, and further that Mr. Payne be and is hereby authorized to move the building subject to meeting conditions established. Carried 14 votes affirmative.
REPORTS OF OFFICERS
The deputy city auditor presented and read the investment report dated October 31, 1998 and statement of changes in cash balance as of October 31, 1998. It was moved by Council Member Babinchak and seconded by Council Member Bakken that these reports be and are hereby received and filed. Carried 14 votes affirmative.
REPORT OF BOARD OF ADJUSTMENTS
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, October 29, 1998, that notice had been published as required and that the following appeals were heard: 1) Casey Noreen, 1008 University Avenue, request for variance to the 20 ft. in front of the overhead door requirement to construct a detached garage, with variance approved to allow five ft. of setback in front of the overhead door in order to move in a detached garage; and 2) Monty Lund and Chris Hager, 3013 27th Avenue North, request for variance to the off-street parking and loading requirements to delay paving in order to construct a new commercial building, with variance approved to delay in the paving requirements for the driveway and parking area for five years beyond the date of paving 27th Avenue North in order to construct a new commercial building.
It was moved by Council Member Lunak and seconded by Council Member Beyer to receive and file the report. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 98-20, dated November 16, 1998, and totaling $6,282,799.53, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Bouley and seconded by Council Member Klave 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim,
Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE APPLICATION FOR ABATEMENT OF 1996
AND 1997 TAXES AT 1023 23RD AVENUE SOUTH
Committee No. 1, Finance, reported having considered the application of 1996 and 1997 taxes by Clifford Dale Romuld,1023 23rd Avenue South (Lot 6, Block 11, Cox's Addition), correction because of inaccurate square footage, and recommended that the application be approved as submitted, with adjustment in market value for 1996 of $12,000 and $13,400 for 1997.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
REFER MATTER OF ADDITIONAL COMPENSATION
FOR CIVIL SERVICE COMMISSION MEMBERS BACK
TO COMMITTEE
Committee No. 1, Finance, reported having considered the matter of additional compensation for Civil Service Commission members, and recommended Proposal B be approved and that we implement an amendment to the City Code as follows: that each member of the Civil Service Commission shall be compensated according to the schedule below for each meeting attended plus actual expenses, but the per diem shall not exceed $1,500 per year: a) any meeting that is four hours or less, $40, and b) any meeting that exceeds four hours, $80.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Council Member Babinchak reported they had a listing of committees and boards in their packets that
outlined payment or non-payment to those committees, and it was her suggestion at committee that before approving an increase in Civil Service that they consider all the committees at one time.
Council Member Hafner stated there are a lot of committees without any compensation and spend as much time and effort and suggested they look at every committee to see if compensation is due all of them or none of them, and moved a substitute motion to study all committees. Council Member Brooks seconded the motion.
Council Members Babinchak and Hafner asked that this matter go back to committee for further consideration.
AUTHORIZE CONTINUING DISCLOSURE AND/OR
ARBITRAGE REBATE REQUIREMENTS FOR
REFUNDING IMPROVEMENT BONDS, SERIES 1998A
Committee No. 1, Finance, reported having considered the matter of continuing disclosure and/or arbitrage rebate requirements to $5,185,000 Refunding Improvement Bonds, Series 1998A, and recommended we authorize proper City officials to sign the agreement.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE SIGNING OF PETITION FOR REPLACEMENT OF ALLEY PAVING BETWEEN NORTH 3RD AND 4TH STREETS AND BETWEEN 1ST AND 2N° AVENUES NORTH
Committee No. 1, Finance, reported having considered the matter of petition for replacement of alley paving between North 3rd and 4th Streets and between 1st and 2nd Avenues North, and recommended that we authorize appropriate City officials to sign the petition for the replacement of paving of the alley.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ACCEPT BID FOR WEAPONS FOR POLICE DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of bids for pistols for police department, and recommended to accept the low bid of Streicher's for 90 weapons at $34,290.00.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BIDS FOR AIRPACKETS FOR FIRE DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of bids for airpacks for the fire department, and recommended to authorize the Grand Forks Fire Department to consummate the bid from Clarey's Safety Equipment, Inc. in the amount of $71,668.19 plus options in the amount of $9,850.83, for a total bid of $81,519.02, using $46,411.00 from the fire department capital outlay budget and approve the budget amendment for $35,108.02 from cash carryover.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
An amendment to the police department budget in the amount of $2,000.00 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.
An amendment to the police department budget in the amount of $11,568.48 was presented and read. It
was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.
An amendment to the Wellness Program budget in the amount of $9,810.00 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.
APPROVE APPLICATION FOR CLASS 4 LIQUOR LICENSE BY JOE DiMAGGIO'S SPORTS CAFE
Committee No. 2, Public Safety, reported having considered the application for Class 4 (Food and Beverage Establishment) alcoholic beverage license by Joe DiMaggio's Sports Cafe, Inc., 118 North 3rd Street, and recommended to accept application for license for Joe DiMaggio's contingent upon approval by the various departments (inspections, fire, health, police and city attorney).
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE AMENDMENT TO LEASE AGREEMENT WITH WIRELESS ALLIANCE, LLC
Committee No. 3, Public Service, reported having considered the request from Wireless Alliance, LLC, for first amendment to lease agreement dated September 22, 1998 to revise paragraph 5, Utilities, by removing the City's responsibility to provide electricity at Viking water tower in Cox's Addition, and recommended to approve amendment to the agreement and reimburse Wireless Alliance, LLC $600.00 for power service.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AGREEMENT FOR PUBLIC WORKS FACILITY IMPROVEMENTS AND RELOCATION, PROJECT NO. 4822
Committee No. 3, Public Service, reported having considered the matter of architectural agreement for public works facility improvements and relocation, City Project No. 4822, and recommended to approve agreement with Johnson Laffen, Architects, in an amount not to exceed $80,000 with additional services in the amount of approx. $5,000.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council
Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 4 TO ENGINEERING AGREEMENT FOR PROJECT NO. 4860, RESTORE STORM SEWER IN AREA 2
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 4, construction administration, to engineering services agreement for Project 4860, restore storm sewer in Area 2, CDBG, and recommended to approve Amendment No. 4 (Project No. 4719) to the agreement with Webster, Foster & Weston in the amount of $161,440.00, project CDBG eligible.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE THREE-WAY AGREEMENT FOR PRIVATE INSTALLATION OF UTILITIES, PROJECTS NOS. 4915 AND 4916
Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Projects 4915 and 4916, sanitary sewer and watermain on North 48th Street from Gateway Drive to 17`h Avenue North, and recommended to enter into the three-way agreement with Strata Corporation and CPS, Ltd.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS 4915 AND 4916, UTILITIES ON NORTH 48TH STREET
Committee No. 3, Public Service, reported having considered the plans and specifications for Projects 4915 and 4916, sanitary sewer and watermain on North 48th Street from Gateway to 17th Avenue North, and recommended to approve plans and specifications.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ACCEPT BID FOR CONSTRUCTION OF STORM SEWER PROJECT NO. 4868
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4868, storm sewer on Washington Street from 62"d Avenue South to Southend Drainway (CDBG), and recommended to accept the low bid of Molstad Excavating, Inc. for Option 2 in the amount of $512,520.00, with CDBG funding.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BID FOR CONSTRUCTION OF STORM SEWER PROJECT NO. 4848, PUMP STATION 39
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4848, Pump Station 39, (CDBG), and recommended to accept he bids under Schedule B as follows: Construction Engineers, Ltd. $524,937.00 for general construction; McFarlane Sheet Metal, $17,956.00 for mechanical; and Hanson Electric of Bemidji, Inc. $141,200.00 and authorize CDBG funding.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BIDS FOR WATER METERS
Committee No. 3, Public Service, reported having considered the matter of bids for water meters, and recommended that the Badger/ITRON radio system be awarded for a base bid amount of $2,583,946.35 and award be contingent upon a successful demonstration of a 200-unit test site.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4591,
PUMP STATION NO. 29