Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 7, 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, December 7, 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.

FLOOD REPORT

Charles Grotte, assistant director of public works, reviewed information on handout that was presented to the council members. He reported that today was the last day of the 30-day review comment for the final general re-evaluation and environmental impact statement from the Corps of Engineers and that will be sent to headquarters for signature and finalized, which are last steps in the authorization. He reported that the Corps of Engineers is still working on the instrumentation at the Riverside Park area and the water plant, and are doing some work at Reeves Drive and Northridge Hills which should be done this week . The City has signed the purchase agreement to buy the Campbell property which is north of the intersection of Columbia Road and Gateway Drive, approx. 70 acres, and will be used as a clay borrow site for the flood fighting needed to do next year or years to come or as clay for the permanent levee system. He reported that another item that has come up and is on the agenda tonight is the removal of the downtown walk bridge, at the Flood Response Committee meeting it was proposed that the bridge be removed using CDBG money, and after some checking with the Corps of Engineers that as long as they use federal dollars to do that removal we would have to follow the programmatic agreement that the Corps and City and State will assign so it may be better to use local funds for that rather than CDBG as may not be able to get the bridge removed any sooner, but would have to look at the historical requirements if there are any for mitigation if that is done. He stated that through the Shannon Wilson study they are continuing to do some of the work with the model and looking at analysis of the different things they had proposed, that they aren’t doing a lot with items that deal with the water table now, but wanting to wait until they get results from the instrumentation the Corps put in before they get too deeply involved. Greg Fischer anticipates they will probably come up in January since there hasn’t been much to report and were talking about them coming once a month with update. He stated they hope to have a preliminary report sometime in February, 1999. He reported that at the public service committee meeting last week there was a presentation on the new raw water intake project and are planning to hold a neighborhood meeting on the 17th of December with residents.

Mr. Grotte reviewed project financing, the total cost has increased from $143 million to $150 million, however, the Grand Forks cost went down about a million to $115 million. He stated that the Congressional delegation is working to insure that gets put in as a new start in the year 2000 in the President’s budget.

Mr. Grotte reported that at State level the Mayor sent a letter to the legislators and to the Governor and other State officials concerning some of our flood impacts and assistance we received and also the flood protection project; informational binders will be going to those people. He stated that the Mayor will be going to Bismarck this week and many more times to follow to discuss this with the legislators. He stated that on the local funding level, the current proposal to discuss funding will go to the finance committee on December 15.

Mr. Grotte reported on acquisition on Phase IV Program, basically 102 offers have been made, 6 have closed or people decided not to sell, 41 properties acquired, and 55 remain in some stage of that process.

Mr. Grotte reported on the Greenway, Charles Flink of Greenways, Inc., will be here next week to have several meetings, and presentation to both councils and the Park District on December 15 at 7:00 p.m., and will review his recommendation on an organizational structure for greenway management. Mayor Owens thanked him for the report.

APPROVE MINUTES AUGUST 17, 1998

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, August 17, 1998 were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that these minutes be approved as read. Carried 14 votes affirmative.

TABLE PLAT OF DRO ADDITION; HOLD PUBLIC HEARING
AND CONTINUE SECOND READING OF ORDINANCE
RELATING TO AMENDING STREET & HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF D.R.O. 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 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 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 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.

The Planning and Zoning Commission reported having 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 South-east 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 the request. It was moved by Council Member Hafner and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3754, AMENDING ZONING
REGULATIONS RE. USES PERMITTED IN A-2 (AGRICULTURAL
RESERVE) DISTRICT

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0207, A-2 (Agricultural Reserve) District, subsection (2), Uses Permitted”, which had been introduced and passed on its first reading on November 16, 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 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 grievance had been filed with his 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Richard Farroh on behalf of Dr. Gossard for final approval of an ordinance to amend the Land Development Code Section 18-0207(2) Uses Permitted in the A-2 (Agricultural Reserve) District to allow animal clinics, and recommended final approval and passage of the ordinance to include a minimum distance of 660 feet between the animal clinic and residential dwellings or residential lots not owned or occupied by the owner of the clinic or his or her custodian. The recommendation was moved and seconded by Council Members Hafner and Beyer.

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; ADOPT ORDINANCE NO.
3755 , AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF TJ’S THIRD 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 TJ’s Third Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 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 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 grievance had been filed with his 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Development, Inc. for final approval of a plat of TJ’s Third Addition to the city of Grand Forks, North Dakota, being a part of the NW Quarter of the SW Quarter of Section 27, T151N, R50W of the 5th Principal Meridian (located north of 57th Avenue South between South 11th Street and South Washington Street (County Highway No. 81), 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 Members Hafner and Bakken.

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. 3756, ANNEXING ALL
OF GRAND FORKS CHRISTIAN SCHOOL ADDITION

An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, all of Grand Forks Christian School Addition (previously a part of South Pines Addition) less portions previously annexed to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 1998, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had 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.

ADOPT ORDINANCE NO. 3757, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF GRAND
FORKS CHRISTIAN SCHOOL 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 Grand Forks Christian School Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 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 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 grievance had been filed with his 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of final approval of an ordinance to amend the Street and Highway Map to include Grand Forks Christian School Addition to the city of Grand Forks, ND (was previously approved as a part of South Pines Addition), and recommended final approval and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Members Hafner and Babinchak.

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 PLAT; ADOPT ORDINANCE NO. 3758,
AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF PERKINS FIFTH 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 Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 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 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 grievance had been filed with his 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Perkins Land Company and D.J. Parker, Inc. for final approval of a plat of Perkins Fifth Addition to the city of Grand Forks, ND, being a part of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located west of South Columbia Road between 36th Avenue South and 40th 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 recommendation was moved and seconded by Council Members Hafner and Martinson.

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 REQUEST FOR
ISSUANCE OF $5,000,000 IN MIDA BONDS FOR
LM GLASFIBER NORTH DAKOTA, INC.

The city auditor reported that the notice of public hearing on the proposal that the City issue its revenue bonds, under the North Dakota Municipal Industrial Development Act of 1955, NDCC, with the proceeds of the revenue bonds to pay part of the costs incurred and to be incurred in the acquisition and construction of real and personal property to be used as a manufacturing facility for components for wind turbines, located at 1580 South 48th Street, with the maximum amount of bonds proposed to be issued to finance the project in the amount of $5,000,000; that the project will be leased by the City during the term of the bonds to the Grand Forks Economic Development Corporation who will sublease the project during the term of the bonds to the Grand Forks Growth Fund, a Jobs Development Authority, who in turn will sublease the project to LM Glasfiber North Dakota, Inc., had been published with a hearing date of December 7, 1998. He reported that no comments or grievances had been filed with his office.

Mayor Owens opened the public hearing, and 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.

The city auditor reported that this matter will go back to finance committee for consideration of details.

ADOPT RESOLUTION AWARDING SALE OF SPECIAL
IMPROVEMENT WARRANTS AND EXCHANGE THEREOF
FOR REFUNDING IMPROVEMENT BONDS, SERIES 1998A

The city auditor presented an affidavit showing publication in the official newspaper of the City of a Notice of Bond Sale of $5,185,000 Refunding Improvement Bonds, Series 1998A (the Bonds) of the City, bonds for which were to be considered at this meeting as provided by resolution adopted on November 2, 1998. The affidavit was examined and approved and ordered placed on file.

Mayor Owens opened the public hearing, there were no comments.

Al Erickson, Springsted, Inc., extended Springsted’s official congratulations to the Mayor for the award recently won from American City and County, that they are proud of the council and of the city and the accomplishments of the City and were very grateful to be allowed to serve Grand Forks. Mr. Erickson reported that bids were taken today for the Improvement Refunding Bonds, five bids received and low bid was received from Griffin, Kubik, Stephens & Thompson, Inc. at the rate of 4.16%, interest rate very good and this is the first time in recent memory that Griffin has been the low bidder on the bonds, that this is 15 year issue, market very good , and they would recommend approval of this.

Committee No. 1, Finance, reported having considered the matter of resolution awarding $5,185,000 Refunding Improvement Bonds, Series 1998A, and recommended that approval of resolution 1) establishing terms and directing issuance of definitive improvement warrants on the funds of sanitary sewer districts Nos. 381, 383, 391 and 394, storm sewer districts Nos. 382, 387, 392, 395, 396 and 398, street improvement district No. 559, paving districts nos. 554, 555, 556 and 557, lighting districts Nos. 115, 118, 119, 120, 121, 122, 124, 125 and 126 and watermain districts Nos. 252, 258, 259, 260, 261 and 262, and providing for and appropriating special assessments for the support and maintenance of said funds; 2) and approval of resolution directing the issuance of $5,185 Million Refunding Improvement Bonds, Series 1998A and prescribing the terms and covenants thereof, and 3) approval of the sale of bonds to the low bidder, Griffin, Kubik, Stephens & Thompson, Inc. at a true interest rate of 4.1687%.

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.
The city auditor reported that five (5) sealed bids for the purchase of the Bonds had been received at his office 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. 7650 - Bids.

Council Member Carpenter introduced the following resolution and moved its adoption: Document No. 7651 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

Council Member Carpenter introduced the following resolution and moved its adoption: Document No. 7652 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

Council Member Carpenter then introduced the following resolution and moved its adoption: Document No. 7653 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT RESOLUTION VACATING PORTION OF
UTILITY EASEMENT IN BLOCK 1, KORYNTA-LEMM
3RD RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the northerly 16 feet of a 33 ft. wide utility easement lying north of and adjacent to the south line of Lots 3, 4 and 5 (also being the north line of Gateway Drive), Block 1, Kortynta-Lemm 3rd Resubdivision (located at 5118 Gateway Drive), 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 Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7654 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING ALL OF ALLEY
LYING IN BLOCK 3, HUBERT’S ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of the alley lying in Block 3, Hubert’s Addition, subject to a utility easement for existing utilities until such time as they are relocated or abandoned, 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 Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

It was moved by Council Member Klave and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7655 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the investments report for the period ending November 30, 1998. It was moved by Council Member Beyer and seconded by Council Member Babinchak to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-21, dated December 7, 1998 and totaling $3,113,948.22, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Brooks 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.


ACCEPT BIDS FOR FINANCING OF SIDEWALK
IMPROVEMENTS

Committee No. 1, Finance, reported having considered the matter of financing for sidewalk improvements, and recommended that the bid for sidewalk warrants be awarded to Norwest at an interest rate of 5.28%, sold in a five-year maturity.

It was moved by Council Member Hamerlik 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.

APPROVE BUDGET AMENDMENTS

A request for amendment to the Health Department budget in the amount of $51,614.00 to cover expenses for flood vehicles from General Fund cash carryover was presented and read.

A request for amendment to the Engineering Department budget in the amount of $59,838.00 to cover expenses for flood vehicles from General Fund cash carryover was presented and read.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these budget amendments be and are hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCES TO INCREASE UTILITY
RATES FOR 1999

Committee No. 3, Public Service, reported having considered the matter of utility rate increases for 1999 and recommended to approve increase in rates as follows: Stormwater: revise Code Sections 15-0117.1(2) and 15-0117.1(4) to reflect an increase of 8% in service charges and sewer runoff unit fee; Wastewater: revise City Code Sections 15-0301 and 15-0304(2)(F) to reflect increases of 5% in basic service charge and industrial surcharge rate for BOD; Water: revise City Code Sections 15-0115(1), 15-0115(2), 15-0115(3), 15-0116(1) and 15-0116(2) to reflect an increase of 15%; said rate increases to be effective on January 1, 1999.

Committee No. 1, Finance, reported having considered the matter of utility rate increases for 1999, and recommended there be no increase in the sanitation rate, there be an increase in stormwater of 8%, there be an increase in wastewater of 5% and there be an increase in water of 15%.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these recommendations be and are hereby approved. Carried 14 votes affirmative.

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Section 15-0117.1 of the Grand Forks City Code relating to fees for storm sewer service”, which was presented, read and passed on its first reading.

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Sections 15-0301 and 15-0304(2)(F) of the Grand Forks City Code relating to fees for wastewater”, which was presented, read and passed on its first reading.
Council Member Carpenter introduced an ordinance entitled “An ordinance amending Sections 15-0115 and 15-0116 of the Grand Forks City Code relating to fees for water service”, which was presented, read and passed on its first reading.

APPROVE HOLIDAY VACATION BONUS FOR CITY
EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of City employees holiday bonus, and recommended the 1998 holiday vacation bonus be four hours vacation for full-time City employees and pro-rated accordingly for part-time or contracted positions, to be used by September 1, 1999.

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

The city auditor stated he had asked for clarification on this issue and that it came from Human Resources, that SNA employees and non-benefit employees by SNA under CDBG area would not qualify and get this as in the past.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

ACCEPT BIDS FOR UNIFORMS/CLOTHING FOR FIRE
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for uniforms/clothing for fire department, and recommended to accept low proposals as submitted: to purchase shirts, jackets and black ties from White Banner Uniform Shop; dress trousers and work pants from U.B. Specialties; and dress caps from Silverman’s.

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 AMENDMENT

A request for amendment to the Police Department budget in the amount of $1,000.00 to reflect additional income from grant funds for Narcotics Enforcement was presented and read.

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

APPROVE GRANTS FOR POLICE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grants through the Edward Byrne Formula Grant Program: Operational Effectiveness Project (narcotics officer) for 1/1/99 to 12/31/99 in the amount of $24,660.00, and recommended to authorize police department to proceed with grant.

Committee No. 2, Public Safety, reported having considered the matter of grants through the Edward Byrne Formula Grant Program: Operational Effectiveness Project (canine) for 1/1/99 to 12/31/99 in the amount of $10,696.00, and recommended to authorize police department to proceed with grant.

Committee No. 2, Public Safety, reported having considered the matter of grants through the Edward Byrne Formula Grant Program: Multi-jurisdictional Task Force Project for 1/1/99 to 12/31/99 in the amount of $121,954.00, and recommended to authorize police department to proceed with grant.

Committee No. 2, Public Safety, reported having considered the matter of School Resources officers, and recommended to proceed with the grant, and if no additional federal grants, School District fund program.

Committee No. 2, Public Safety, reported having considered the matter of Juvenile Accountability Incentive Block Grant, and recommended that the police department proceed with grant.

It was moved by Council Member Bouley and seconded by Council Member Martinson that these recommendations be and are 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 motions carried.

REFER MATTER OF LIGHTING ALONG ENGLISH COULEE
BIKEPATH FROM 6TH AVENUE NORTH TO GATEWAY
DRIVE BACK TO COMMITTEE

The city auditor reported that this item was tabled and held until this meeting (to allow University of North Dakota to do more exploring of the matter).

Committee No. 2, Public Safety, reported having considered the matter of lighting on bikepath along English Coulee from 6th Avenue North to Gateway Drive (safety issue), and recommended denying request to light the bikepath along the English Coulee from 6th Avenue North to Gateway Drive.

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

Council Member Hamerlik asked if a letter had been received from the University and Mayor Owens stated there was a letter in her office. Council Member Hamerlik reported that Public Service has a motion to proceed with the project, Public Safety has a motion not to proceed with the project, that there have been several meetings at the University and he understood that the University would send a letter in a positive way for the lighting of the bikepath, and he understood that the Bikepath Committee again reinforced their original position, and have two contradictory motions that have been set aside, and should wait for the University’s position as bikepath is on their land. Earl Haugen, MPO, reported this has been programmed in 1999 and are now doing actions on the year 2000-2002.

Council Members Bakken and Martinson asked this matter be referred back to the public safety committee; and Council Members Klave and Hafner asked this matter be referred back to the public service committee.


APPROVE INSTALLATION AND OPERATION OF GAUGING
STATIONS FOR PURPOSE OF FLOOD WARNING FOR CITY

Committee No. 3, Public Service, reported having considered the matter of communication from USDI providing an estimate of cost for installation and operation of two gauging stations for the purpose of flood warning for the city, and recommended to approve installation of the two gauging stations, to negotiate with City of East Grand Forks, and allocate use of CDBG funds.

It was moved by Council Member Klave and seconded by Council Member Lucke 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 REQUEST FOR STAFFING OF NEW
WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of staffing for new wastewater treatment plant, and recommended to approve the request to prepare a request for qualifications to select consultant to evaluate the cost effectiveness of privatizing, creating a proposal, selecting a vendor and negotiating a contract in a competitive environment.

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

MATTER OF FARMLAND LEASE FOR NEW LANDFILL
SITE

Committee No. 3, Public Service, reported having considered the matter of farmland lease for new landfill site, and recommended to enter into lease agreement with current renter based on proportionate cost of current rental, subject to review and approval by the city attorney.

It was moved by Council Member Klave and seconded by Council Member Lucke 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 ENGINEER’S REPORT FOR PROJECT NO.
4784, SOUTHEND WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4784, southend water tower, and recommended to approve the engineer’s report.

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

APPROVE AMENDMENT NO. 5 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 4861 THROUGH 4866, TO RE-
STORE SANITARY AND STORM SEWERS IN AREAS 1, 3 AND 4
Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 5 (design), Webster, Foster & Weston, Project Nos. 4861 through 4866, to restore sanitary and storm sewers in Areas 1, 3 and 4 (CDBG), and recommended to approve Amendment No. 5 to the engineering agreement in the amount of $666,551.00.

It was moved by Council Member Klave and seconded by Council Member Lucke 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. 2A TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4836, STORM SEWER ON
BELMONT ROAD FROM 55TH AVENUE SOUTH TO DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 2A (construction administration), Greater Forks Engineering Group, Project No. 4836, storm sewer on Belmont Road from 55th Avenue South to Southend Drainway (CDBG), and recommended to approve Amendment No. 2A and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave and seconded by Council Member Lucke 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. 4A TO ENGINEERING
SERVICES AGREMENT FOR PROJECT NO. 4843, WATER
ON WASHINGTON STREET FROM 47TH TO 62ND
AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements for various projects: Amendment No. 4A, construction administration, Greater Forks Engineering Group, Project 4843, water on Washington from 47th to 62nd Avenue South (CDBG), and recommended to approve Amendment No. 4A and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave and seconded by Council Member Lucke 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. 5A TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4846,
STORM SEWER ON 40TH AVENUE SOUTH FROM
WASHINGTON STREET TO SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 5A, construction administration, Greater Forks Engineering Group, Project No. 4846, storm sewer on 40th Avenue South from Washington Street to Southend Drainway (CDBG), and recommended to approve Amendment No. 5A and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave and seconded by Council Member Lucke 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.