Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 7, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Tuesday, September 7, 1999 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 - 13; absent: Council Member Martinson - 1.

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.

REPORT OF CONGRESSIONAL ADVISORY COMMITTEE

A written report was placed on council members’ desks for their information; and item will no longer be placed on the agenda.

MATTER OF FLOOD REPORT

Ken Vein, city engineer, reported that a written report had been placed at council members desks but highlighted several items:

Technical Work Update Corps of Engineers: the Corps estimates that it costs about $1.4 million for the structural modification required to partially mitigate the hydraulic effects of the historic bridge, difference between cost and cost to remove the bridge and build a new one is about $579,000 and is additional information; that the Grand Forks Historic Commission is investigating what funding options might exist to save the bridge in its current location and looking at Transportation Enhancement funds which would require an 80-20% split. City staff is coordinating with the Corps on this since their deadline for decision was in August and the Flood Protection Committee held this for two weeks.
Consultant Update: Shannon & Wilson are in a position of within about two weeks to finalize their report.
Federal Funding Process: that Congress has been in recess through August and coming back this week and hoping will have a conference committee working on our bill.
Acquisitions: that they are starting to look at next phases of acquisition, looking at some of the properties on the wet side of the dike, four that they are going to proceed with the acquisition process.
Greenway: that City staff is currently working on the details of a proposed permanent government structure called the Red River Renaissance, that this will be at a committee of the whole meeting on September 13 at noon. He also reported that Sarah Hellickson has resigned her position as both risk manager and flood protection coordinator and greenway coordinator liaison effective September 24, and is working with staff to ease the transition.

APPROVE MINTUES MAY 17, 1999

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, May 17, 1999, were presented and read. It was moved by Council Member Glassheim and seconded by Council Member Bakken that these minutes be approved as read. Carried 13 votes affirmative.

SUSPEND AGENDA TO CONSIDER APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING TO
2405 BELMONT ROAD

Council Member Glassheim moved to suspend the agenda to consider the application for moving permit for EAPC for Urban Development to move a building at Division and South 3rd Street to 2405 Belmont Road. The motion was seconded by Council Member Beyer. Carried 13 votes affirmative.

The city auditor presented the matter of the application by EAPC for Urban Development to move a building at Division and South 3rd Street to 2405 Belmont Road.

John O’Leary, Urban Development, reported this was a contingency plan to relocate the “boom town” building that was located in the central business district that’s been targeted for one of the buildings that they are trying to preserve, and the motion was contingent upon acceptance of the structure by the Myra Museum and they have looked at the plan and decided they do not have room for it and suggested they receive and file the information as it will not be relocated there.

The Public Service Committee reported having considered the matter of the application for moving permit by EAPC for Urban Development to move the building at Division and South 3rd Street to 2405 Belmont Road, and recommended that we approve permit contingent upon Myra Museum accepting the building to be a permanent fixture on their property.

It was moved by Council Klave and seconded by Council Member Lucke that the recommendation be approved.

Mr. O’Leary reported that the City owns a lot in the central business district, which is being discussed by staff and Historic Preservation to see if that’s an acceptable location and which is closer downtown and to the commercial district.

It was moved by Council Member Glassheim and seconded by Council Member Hafner to amend the motion to receive and file the recommendation. Carried l3 votes affirmative.

Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.

CONSIDER ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE HAAKE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3 AND TABLE INDEFINITELY

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Haake PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Haake PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3”, which had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing had been continued from July 19, 1999, was presented and read.

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 Planning and Zoning Commission reported having considered the matter of the request on behalf of Bruce McGregor/US Bank for final approval of an ordinance amending the zoning map to exclude from the Haake Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and to include within the Haake Planned Unit Development (PUD), Concept Development Plan, Amendment No. 3 (located in the northeastern corner of l3th Avenue South and South Columbia Road), and
recommended tabling the request indefinitely.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3812, TO ANNEX LOTS A
THROUGH T, BLOCK 1, PERKINS 5TH ADDITION AND
LOTS 4 AND 5, BLOCK 3, PERKINS 3RD ADDITION TO
THE CITY OF GRAND FORKS

An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, Lots A through T, Block 1, Perkins 5th Addition and Lots 4 and 5, Block 3, Perkins 3rd Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 16, 1999, 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 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 this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3813, RELATING TO
APPOINTMENT AND MEMBERSHIP OF THE PLANNING
AND ZONING COMMISSION

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 I, Section 18-0101 Appointment; Membership”, which had been introduced and passed on its first reading on August 16, 1999 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 none.

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 1, Planning and Zoning Commission; Section 18-0101, relating to appointment and membership of the Planning and Zoning Commission, and recommended final approval and passage of the ordinance amending the text of 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 this 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3814, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS
OF WAY SHOWN AS DEDICATED ON THE PLAT OF
AUDITOR’S SUBDIVISION NUMBER 28

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 Auditor’s Subdivision Number 28 to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 16, 1999, 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 CPS, Ltd. on behalf of the City of Grand Forks for final approval of a plat of Auditor’s Subdivision Number 28 to the city of Grand Forks, North Dakota, being a part of the North Half of the Southeast Quarter of Section 32, Township 152 North of Range 50 West of the 5th Principal Meridian (located north of Valley Contracting), 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 recommendation had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question of adoption of this 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.


ADOPT ORDINANCE NO. 3815, AMENDING ZONING
MAP TO INCLUDE WITHIN THE MED PARK PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 7

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the MED PARK PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6 and to include within the MED PARK PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7”, which had been introduced and passed on its first reading on August 16, 1999, 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 none.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Dennis Reisnour on behalf of Altru Health System for final approval of an ordinance amending the Zoning Map to exclude from the MED PARK Planned Unit Development (PUD), Concept Development Plan, Amendment No. 6 and to include within the MED PARK Planned unit Development (PUD), Concept Development Plan, Amendment No. 7 (located on the south side of 11th Avenue South between the English Coulee and South 30th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Polovitz and Hafner.

Upon call for the question of adoption of this 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3816, RELATING TO
PENALTIES FOR SPECIFIED OFFENSES

An ordinance entitled “An ordinance amending Section 8-1503 of the Grand Forks City Code relating to penalties for specified offenses”, which had been introduced and passed on its first reading on August 16, 1999, 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. There were none.

Upon call for the question of adoption of this 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3817, RELATING TO THE
CITY PENSION COMMITTEE

An ordinance entitled “An ordinance amending Section 7-0214(1) of the Grand Forks City Code relating to the City Pension Committee”, which had been introduced and passed on its first reading on May 17, 1999, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF
ANNEXATION OF ALL OF THE UNPLATTED PROPERTY
LOCATED IN THE SOUTH HALF OF SECTION 32, TOWN-
SHIP 152 NORTH, RANGE 50 WEST OF THE 5TH P.M. BE
FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on July 19, 1999, annexing all of the unplatted property located in the South Half of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian less previously annexed portions and excluding the north 955 feet of the east 1199 feet to the city of Grand Forks, North Dakota, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 27 and August 3, 1999; and further reported that no written protests 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 Glassheim that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 13 votes affirmative.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF
ANNEXATION OF LOTS 1 AND 2, BLOCK 2, INDUSTRIAL
RESUBDIVISION NO. 4 AND ALL OF BLOCKS 2, 3 AND 4,
INDUSTRIAL RESUBDIVISION NO. 3 BE FILED AND
ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on July 19, 1999, annexing Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, city of Grand Forks, North Dakota, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 27 and August 3, 1999; and further reported that no written protests 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 Beyer and seconded by Council Member Babinchak that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING DRAINAGE AND
UTILITY EASEMENTS IN LOT 1, BLOCK 1, COLUMBIA
PARK 15TH ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the drainage and utility easement lying in Lot 1, Block 1, Columbia Park 15th Addition, except any portion lying within 60 feet of the rear or easterly lot line and except any portion lying within the 10 ft. utility easement which is parallel with and adjoining the South 38th Street and the 24th Avenue South right of way lines, 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 fled with the auditor’s office.

Mayor Owens called upon the audience to see if there as anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.

It was moved by Council Member Klave and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7859 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING SIDEWALK
EASEMENT LYING IN LOT 15, BLOCK 2, COUNTRY
VIEW FIRST RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide sidewalk easement lying in Lot 15, Block 2, Country View First Resubdivision and more specifically described as lying within the easterly 20 feet thereof, 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 he audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

It was moved by Council Member Bouley and seconded by Council Member Brooks that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7860 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING FROM 1309 8TH AVENUE NORTH
TO 1311 8TH AVENUE NORTH FOLLOWING HEARING

The city auditor reported that the notice of public hearing on the application by Clifford and Marilyn Coss to move a building from 1309 8th Avenue North to 1311 8th Avenue North 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. There were none.

Committee No. 3, Public Service, reported having considered the application for moving permit by Clifford and Marilynn Coss to move building from 1309 8th Avenue North to 1311 8th Avenue North, and recommended to approve the application for moving permit subject to the public hearing and as per recommendations of the Inspections Department.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved, and further that the Coss’ be and are hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The city auditor’s statement of changes in cash balances as of August 31, 1999 was presented and read. It was moved by Council Member Lunak and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.

The city auditor’s statement of investment activity for the period ending July 31, 1999, was presented and read. It was moved by Council Member Klave and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORT OF BOARD OF ZONING 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, August 26, 1999, that notice had been published as required and that the following appeals were heard: 1) Dennis Hanson, 3117 Prairie Road, request for variance to the accessory building requirement to build a detached garage, variance approved allowing 2,032 sq.ft. of accessory building area to construct a detached garage; 2) Brian and Teresa Bohlman, 2601 Prairie Road, request for variance to accessory building requirement to build a detached garage, variance allowing 1,700 sq.ft. of accessory building area in order to construct a detached garage; 3) Kevin Peach on behalf of Bible Baptist Church, 6367 Gateway Drive, request for variance to the paving and landscaping requirements to delay the paving of the parking area to allow for settling, variance allowed to delay the paving requirements for five years; 4) Cliff Coss on behalf of Twin City Motors, 1217 1st Avenue North, request for variance to the paving and landscaping requirements to develop the property for an auto sales lot, item tabled until next meeting.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing 99-15, dated September 7, 1999, and totaling $1,780,560.93, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Lunak and seconded by Council Member Bakken 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATIONS FOR THREE-YEAR TAX
EXEMPTIONS ON IMPROVEMENTS

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial/residential properties: Cassandra L. Romuld, 417 Walnut Street, recommended approval for a three-year exemption for 417 Walnut Street.

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial/residential properties: Phoenix Properties, 308 2nd Avenue North, and recommended approval for a three-year exemption for Phoenix Properties at 308 2nd Avenue North.

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial/residential properties: Ernie Gregoire, 2100 South Washington Street, and recommended approval for a three-year exemption for the Travelodge at 2100 South Washington Street, with a cap of $500,000 improvement.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that these recommendations be and are hereby approved. Carried 13 votes affirmative.

AUTHORIZE PROCEEDING WITH PARKING LOT AT
SENIOR CITIZENS CENTER

Committee No. 1, Finance, reported having considered the matter of parking lot at Grand Forks Senior Citizens Center , and recommended to proceed this fall with improvements of the parking lot at the Senior Center amending the building fund using part of its cash carryover in the amount of $20,000.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO TWO-YEAR CONTRACT
FOR COMPREHENSIVE ANNUAL FINANCIAL REPORT

Committee No. 1, Finance, reported having considered the matter of negotiating contract for comprehensive annual financial report, and recommended approval of a two-year contract with Brady Martz for a range of $21,940-23,020 for 1999 and a range of $22,600-23,710 for 2000.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

DECLARE PROPERTY AT LOT 2, BLOCK 1, GREAT
NORTHERN FIRST ADDITION AS SURPLUS AND
AUTHORIZE FOR SALE

Committee No. 1, Finance, reported having considered the matter of surplus property at Lot 2, Block 1, Great Northern First Addition (near west end of Park Avenue), and recommended to declare Lot 2, Block 1, Great Northern First Addition surplus and advertise it for sale.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE RESTRUCTURING PROPOSAL AND JOB
DESCRIPTION CHANGES FOR POLICE DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of restructuring proposal and job description changes for police department, and recommended approval of the restructuring proposal and job description changes for the police department.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE FINANCE DEPARTMENT TO SEND OUT
RFP FOR TRAVEL PROPOSAL

Committee No. 1, Finance, reported having considered the matter of proposal for travel, and recommended that the finance office send out the RFP for travel.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUEST FOR QUOTATIONS FOR FUEL
FOR Y2K

Committee No. 1, Finance, reported having considered the matter of request for RFP for fuel for Y2K, and recommended approval of a request for quotations.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.

DENY REQUEST FOR YOUTH COMMITTEE FUNDING

Committee No. 1, Finance, reported having considered the matter of Youth Committee funding, and recommended to deny the request.

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

Council Member Babinchak moved a substitute motion to give the Youth Committee $5,000 from the Loan and Stabilization Fund contingent upon their obtaining the other $35,000 for operating, and that they obtain non-profit status (or paperwork filed in a timely manner) by December 31, 1999. Council Member Beyer seconded the motion.

Council Member Hamerlik stated that the United Way has many worthwhile projects and this particular very valuable work needs to be funded and should be from other than public money for social program.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Glassheim, Lunak, Beyer, Babinchak, Lucke - 5; voting “nay”: Council Members Hamerlik, Bouley, Carpenter, Klave, Bakken, Hafner, Brooks, Polovitz - 8. Mayor Owens declared the substitute motion defeated

Upon call for the question on the original motion and upon roll call vote, the following voted “aye”: Council Members Bouley, Carpenter, Klave, Bakken, Hafner, Brooks, Polovitz, Hamerlik - 8; voting “nay”: Council Members Glassheim, Lunak, Beyer, Babinchak, Lucke - 5. Mayor Owens declared the motion carried.

INRODUCE ORDINANCE RELATING TO ISSUANCE
OF SEWER RESERVE REVENUE BONDS TO FINANCE
ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL
WATER, SEWAGE AND STORM SEWER UTILITIES

Committee No. 1, Finance, reported having considered the matter of ordinance relating to the issuance of Sewer Reserve Revenue Bonds to finance additions and improvements to the municipal water, sewage and storm sewer utilities, and recommended approval and to introduce the ordinance for first reading.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Brooks introduced an ordinance entitled “An ordinance amending Section 2-0901 of Article 9 of Chapter 11 of the Grand Forks City Code relating to the issuance of Reserve Revenue Bonds to finance additions and improvements to the municipal water, sewage and storm sewer utility”, which was presented, read and passed on its first reading.

APPROVE REQUEST TO CLOSE STREETS FOR STREET
DANCE AND BEER GARDEN IN DOWNTOWN

Committee No. 2, Public Safety, reported having considered the request by The Edge to close streets and hold street dance (and beer garden) in downtown area on Saturday, September 11, between the hours of 5:00 p.m. and midnight, and recommended that we approve the request from 5:00 p.m. to 12:00 midnight.

It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE RELATING TO TOWING
CHARGES

Committee No. 2, Public Safety, reported having considered the matter of clarification on regulations for towing charges, and recommended to amend the ordinance as follows: that 8-0823 be left as is; that 8-0824 be increased from $50.00 for removal to $100.00 and that b) storage be increased from $3.00 to $10.00; and that on 8-0825 that the storage fees of $5.00 be increased to $7.50 and after seventh day, the $3.00 be increased to $5.00 per day thereafter, and that the ordinance be introduced for first reading.

It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance amending Sections 8-0824 and 8-0825 of the Grand Forks City Code relating to removal and storage fees of impounded vehicles”, which was presented, read and passed on its first reading.

ACCEPT BID FOR PURCHASE OF FIRE PUMPER

Committee No. 2, Public Safety, reported having considered the matter of consideration of bids for fire truck, and recommended to accept the purchase of the fire pumper, Heartland #1, in the amount of $186,467 plus air conditioning in the amount of $6,300 with warranty.

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE GRANTS WITH ND DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant with North Dakota Department of Health for Tobacco Prevention and Control Grant, $35,000, for July 1, 1999 through June 30, 2000, and recommended that we approve the grant agreement.

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of grant with North Dakota Department of Health for Agricultural Occupational Health and Safety Grant, $14,245 from July 1 to September 30, 1999, and recommended to approve the grant.

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE UND COLLEGE OF NURSING STUDENT
LEARNING AGREEMENT

Committee No. 2, Public Safety, reported having considered the matter of UND College of Nursing Student Learning agreement, and recommended that we approve the agreement.

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR OFFICE FURNITURE FOR HEALTH
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for office furniture, and recommended to accept the bids from Gaffaney’s in the amount of $16,218.00, of which $7,300 is grant funded.

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A request for transfer of funds within the police department budget in the amount of $6,337.93 for cash match for grant, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer of funds be approved. Carried 13 votes affirmative.

ACCEPT BID FOR MOBILE LIFT SYSTEM AT CENTRAL
GARAGE

Committee No. 3, Public Service, reported having considered the bids for mobile lift system at Central Garage, and recommended to accept the bid of H. E. Everson Automotive in the amount of $24,990.00.
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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APROVE BUDGET AMENDMENTS

A request from the Water Treatment Plant to transfer $2,500.00 within their budget to cover budget shortfall was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 13 votes affirmative.

A request from Water Utility to transfer $97,400.00 for emergency repair of raw water line from Red River Intake was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 13 votes affirmative.

A request from Stormwater utility to transfer $25,000.00 within their budget to cover northend stormwater study was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 13 votes affirmative.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR SITING OF SEWAGE LIFT STATIONS
#1, #4 AND #5

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement (GFEG) for siting of sewage lift stations #1, #4 and #5, and recommended to approve amendment to the existing engineering services agreement with Greater Forks Engineering Group in the amount of $4,830.00.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO ENGINEERING SERVICES
AGREEMENT FOR INTERIOR DRAINAGE

Committee No. 3, Public Service, reported having considered the matter of engineering services for interior drainage (GFEG), and recommended to authorize entering into an agreement for engineering services with Greater Forks Engineering Group in an amount of $17,835.30.