Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 6, 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 Monday, December 6, 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, Babinchak, Hafner - 13; absent: Council Members 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.
Michael Polovitz stated he wanted to report on an upcoming conference in Winnipeg - the International Coalition Conference and the Red River Basin Board will be discussing water issues within the Red River Basin, He stated that more people should be involved, including governments of the major cities within our Red River Basin, that this will be an excellent conference; and that the International Coalition rotates their meetings between Winnipeg, Fargo and Grand Forks and next year this conference will be in Grand Forks, and urged attendance at this conference.
SUSPEND RULES FOR AGENDA
Council Member Glassheim moved to suspend the rules and consider the matter of mayor’s veto of city council resolutions; Council Member Hafner seconded the motion. Carried 12 votes affirmative; Council Member Hamerlik voted against the motion.
CONSIDER MATTER OF MAYOR’S VETO OF CITY
COUNCIL RESOLUTIONS RELATING TO ADMINISTRATIVE
POSITION
Mayor Owens reported that she visited with Council Member Glassheim, chairman of the Government Structure Committee, to work a compromise and discuss her veto of three resolutions of the council: Document No. 7907.1- Communication. She stated that there is a fine line between the duties of the administrative and legislative bodies but need to be cohesive team to move forward in the community in a positive manner. She stated that when she ran for mayor she promised the citizens of Grand Forks that she would not put in place a non-elected administrator and that the mayor would remain accountable to them as to how their government is run. She stated that as a part-time mayor she recognizes the importance of having a top notch administrative person to help coordinate the day to day operations of the city, to serve as a process leader, a consensus builder, a problem solver and to unify the thoughts of the mayor and administrative branch with the legislative branch that establishes policy. She stated that at this point she is asking that they override the number 1 veto; that they discussed number 2 and number 3 and asked that the mayor’s veto be upheld, and did compromise on number 3.
Council Member Glassheim stated that as they are voting on these tonight to think of them as a package and what they are getting for the city of Grand Forks, that they are close to getting what many of them have wanted, which is greater accountability of administration and a coordinator to whom the department heads report and who is responsible to and answers to the mayor.
Council Member Glassheim stated that he recommended that they override the first item which is the establishment of the position; that the second item says it would not be in the mayor’s office and he is recommending that they sustain the mayor’s veto, that they not override, that’s a detail and that he doubts that it will end up physically in the mayor’s office, and it is understood that this will not be a mayor’s assistant but will be an administrative coordinator with independent responsibilities. He stated that on the third item there are 9 pieces to this item which is mainly a list of expectations of the council as to and instructions to a team that will draft the job description. He stated he is recommending to sustain the mayor's veto on the third item and if that is sustained, then reintroduce item 3 deleting 7 and 8 (8 is government structure to evaluate the position after 6 months) and 7 has to do with instructions about the mayor’s assistant and that can be left to a later time and more of the mayor’s discretion as to what the assistant would be.
Mr. Swanson, city attorney, stated that under the Code the mayor must provide you with a written explanation of her veto which was done in a memorandum dated November 19, 1999 and also under the Code the city council must consider and must take action to override any veto at the next regularly scheduled city council meeting, there were three separate motions or resolutions that were vetoed by the mayor, all three have to be voted upon independently, the motion would be from the floor of the council to override the mayor’s veto of each particular item and it requires 10 affirmative votes to override the veto.
Council Member Babinchak moved a motion to override the mayor’s veto on a.., that the City have an administrative coordinator position established by January 1, 2000; Council Member Hamerlik seconded the motion.
Mike Polovitz stated that the council is putting itself in a very difficult position again with the public, that you have an agreement worked out but it’s a change from what the public has been informed.
Upon roll call the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Brooks, Lucke - 12; voting “nay”: Council Member Polovitz - 1. Mayor Owens declared the motion carried and the veto overridden.
Council Member Carpenter moved a motion that we override the mayor’s veto on b., that the administrative coordinator position is located physically and symbolically outside the mayor’s office. Council Member Lunak seconded the motion.
Council Member Carpenter stated that what they are doing with the establishment of the administrative coordinator position is saying that they have a change in city government and how day to day administration is going to take place.
Council Member Glassheim stated that they needed to make sure there was an understanding that this position was a new position and it was not a mayor’s assistant but a person independent of the mayor; that the mayor understands the importance of this position and is in agreement with the position and understands the difference between an assistant and an administrator and don’t think we need to go through this as a council vote.
Upon roll call vote the following voted “aye”: Council Members Bouley, Carpenter, Lunak, Beyer,
Babinchak, Bakken, Hafner, Lucke - 8; voting “nay”: Council Members Glassheim, Klave, Brooks, Polovitz, Hamerlik - 5. Mayor Owens declared the motion failed and the veto sustained..
It was moved by Council Member Glassheim and seconded by Council Member Carpenter that we override the mayor’s veto on c., substitute motion entitled Statement of Expectations for the administrative coordinator.
Council Member Glassheim reviewed the items that were deleted from the Statement of Expectations for the administrative coordinator: 7. portions of the assistant to the mayor’s job description be deleted from administrative coordinator, especially clerical and office manager functions which should be part of a separate job description for mayor’s assistant, and ombudsman functions which should be distributed out to the departments responsible; that it would be deleting that and remain silent on that at this time; the second item that he would delete is that the Grand Forks Government Structure Review Committee will meet with the mayor, council and department heads after six months to evaluate the change and make additional recommendations if necessary; and to delete that the position be by contract.
Council Member Glassheim stated that it would be in the job description this position reports to the mayor, and if it’s not working it’s the mayor’s responsibility, that the mayor makes the final hire and the chief elected official is in charge of this position and also ask that once a month that this position come to the council and report, main items they are working on, problems, and that’s not the same thing as having supervisory control over them.
After further discussion, and upon roll call the following voted “aye”: Council Members Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Lucke, Bouley - 9; voting “nay”: Council Members Glassheim, Brooks, Polovitz, Hamerlik - 4. Mayor Owens declared the motion defeated and the veto sustained.
FLOOD REPORT
Ken Vein, city engineer, reviewed the monthly update of the flood protection project dated December 6, 1999. He stated there were several items he wanted to bring to their attention under the Technical Work Update: that the Corps is continuing to study geological tests section and hydraulic models in an effort to finalize the project’s levee alignment, that if there are going to be any changes should have some review and public input possibly in January or February. He stated that one of the sub-consultants, HDR, is planning on giving the flood protection committee an update on the widening of portions of the existing English Coulee diversion and the proposed extension of the channel at their meeting on December 15, and a public meeting will be set up later for that evening. He stated that some final changes are being made to the project cooperation agreement and should be ready for signing by the cities and the Corps officials in December or January, the City will be asked to sign an intent to sign letter for the Corps at the next flood protection meeting on the 15th. He reported that the Corps has finished much of their analysis using the UNET hydraulic model to determine the impacts of the flood protection water surface elevations, both upstream and downstream, and according to report impacts are minimal but will be having two public presentations scheduled by the Corps to show their results.
He stated that under consultants update on the southend alignment, the County officials have been working with the residents in the area and are expected to discuss this issue again at the County Commission meeting scheduled for tomorrow at 4:00 p.m. He also reviewed the upcoming meetings shown on the last page of the update.
He reviewed the matter of the public protection subcommittees that have met with the Grand Forks Park Board and the City of Grand Forks to discuss their involvement with the greenway, and that committee met with City staff on the governance of the greenway and there will be a committee formed by both cities to work on board membership and bylaws of the proposed Red River Renaissance.
Council Member Lunak asked how the greenway is going to be funded. Mr. Vein stated there are two different fundings for it, capital costs for improvements plus the on-going operation and maintenance, that they’re working toward coming up with funding alternatives that will be available. He stated one of the more significant concerns is the on-going operation and maintenance and how they will fund that because will have a huge liability in these areas, and that funding mechanism has not been put together; some of the other capital concerns are part of their on-going work plan that they are looking at to address some of the funding alternatives or options that are available. He stated they put out a schematic plan to some level of what they are trying to do and lot more details to be worked out. He stated that the City will own the land between the levee and the river and will require maintenance; and they need to continue to work on the funding.
ADOPT ORDNANCE NO. 3826, RELATING TO THE CIVIL
SERVICE SYSTEM
An ordinance entitled “An ordinance amending Sections 6-0604, 6-0606, and6-0607 and adopting and enacting 6-0606.1 of the Grand Forks City Code relating to the Civil Service System”, which had been introduced and passed on its first meeting on November 15, 1999, was presented and read for consideration on second reading and final passage.
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, Babinchak, Hafner - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE ZONING MAP TO
INCLUDE WITHIN B-3 (GENERAL BUSINESS) DISTRICT
LOT 4, BLOCK 4, SUNNY NODAK FARMS ADDITION TO
DECEMBER 20, 1999
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and include within the B-3 (General Business District), Lot 4, Block 4, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 15, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
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 but that the notice did not meet the publication requirements and asked the council to continue this hearing until December 20, 1999.
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 Hafner and seconded by Council Member Bouley that the public hearing and second reading of the ordinance be continued to December 20, 1999. Carried 13 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE ZONING MAP TO
INCLUDE WITHIN GREENBERG PUD CONCEPT DEVELOPMENT
PLAN AN AREA LOCATED BETWEEN 32ND AVENUE SOUTH
AND 40TH AVENUE SOUTH EXTENDED AND BETWEEN
SOUTH 34TH STREET AND INTERSTATE 29 R/W
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Columbia park PUD (Planned Unit Development), Amendment No. 10, Concept Development Plan, and the A-1 (Limited Development), Concept Development Plan, and the A-1 (Limited Development) District and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan”, which had been introduced and passed on its first reading on November 15, 1999, was presented and read for consideration on second reading.
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 but that the notice did not meet the publication requirements and asked the council to continue this hearing until December 20, 1999.
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 Members Hafner and Babinchak that the public hearing and second reading of the ordinance be continued to December 20, 1999. Carried 13 votes affirmative.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3827, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF COLUMBIA PARK 27TH 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 Columbia Park 27th Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 15, 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 Steve Adams on behalf of Arthur Greenberg, Jr. for final approval of a plat of Columbia Park 27th Addition to the city of Grand Forks, North Dakota (located between 32nd Avenue South and 36th Avenue South and between South 34th Street and Interstate 29), 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 had been moved and seconded by Council Member Hafner and Council Member Glassheim.
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 motion carried.
APPROVE FINAL PLAT AND ADOPT ORDINANCE
NO. 3828, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE THE PUBLIC R/W SHOWN AS DEDICATED
ON THE REPLAT OF LOT 7, BLOCK 1, KANNOWSKI’S
FIRST 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 Replat of Lot 7, Block 1, Kannowski’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 15, 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 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 Red River Foundation for final approval of a Replat of Lot 7, Block 1, Kannowski’s First Addition to the city of Grand Forks, North Dakota (located east of South Columbia Road and between 55th Avenue South extended and 58th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Map. The recommendation had been moved and seconded by Council Members Hafner and Babinchak.
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 motion carried.
ADOPT ORDINANCE NO. 3829, AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-4 (CENTRAL BUSINESS)
DISTRICT ALL OF LOT 5, BLOCK 8, TRAILLS ADDITION
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence - High Density) District and include within the B-4 (Central Business) District, all of Lot 5, Block 8, Traill’s Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 6, 1997, and upon which public hearing had been continued until 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 and the public hearing was closed.
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 motion carried.
ADOPT RESOLUTION VACATING ALL OF LEVEE
STREET FROM DIVISION AVENUE TO 1ST AVENUE NORTH
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of Levee Street from Division Avenue to 1st Avenue North, 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 and the public hearing was closed.
It was moved by Council member Lunak and seconded by Council Member Klave 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. 7908 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Lunak that this resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4998, DISTRICT NO. 576
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 576, Project No. 4998, paving and street lighting on Cambridge Street from 10th Avenue North to Gateway Drive, and 10th Avenue North from Cambridge Street to North Columbia road, had expired on November 26, 1999, and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Lunak introduced the following resolution as to protests which was presented and read: Document No. 7909 - Resolution.
It was moved by Council Member Lunak and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest against Paving District No. 576, Project No. 4998, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONRACT, PAVING PROJECT NO.
4998, DISTRICT NO. 576
The city auditor presented and read tabulation of bids which had been received and opened on November 29, 1999 for Paving Project No. 4998, District No. 576, paving and lighting in University Village Addition, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $554,997.50 and alternate E1C in the amount of $20,700: Document No. 7910 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 4998, District No. 576, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the bids for Project No. 4998, District No. 576, paving and street lights in University Village Addition (CDBG), and recommended that failure to submit shop drawings as minor informality; and that we award bid to Nodak Contracting in the amount of $554,997.50 and alternate E1C in the amount of $20,700.00.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Lucke introduced the following resolution which was presented and read: Document No. 7911 - Resolution.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4998, District No. 576, to Nodak Contracting 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 - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING FROM 255 ELKS DRIVE TO 501
SEWARD AVENUE (GARAGE)
The city auditor reported that the notice of public hearing on the application by Craig Spicer to move a building from 255 Elks Drive to 501 Seward Avenue 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.
It was moved by Council Member Lunak and seconded by Council Member Klave that we do find and determine an insufficiency of protest. Carried 13 votes affirmative.
Committee No. 3, Public Service, reported having considered the application for moving permit by Craig Spicer to move building from 255 Elks Drive to 501 Seward Avenue (garage), and recommended to approve with cement slab and minor repairs to be made at the new site.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved and further that Mr. Spicer be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENT
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, December 2, 1999, that notice had been published as required and that the following appeals were heard: 1) Lt. Byron Sieber on behalf of City of Grand Forks Police Department, 1800 North 36th Street, request for variance to the landscaping and paving requirements in order to develop the property, variance approved to delay the paving and landscaping requirements for five years in order to develop the property; 2) Keith Danks, 2004 DeMers Avenue, request for variance to the rear yard setback requirement in order to construct a loading dock, variance approved to allow zero feet of rear yard setback in order to remodel the existing building to add a loading dock; and 3) Terry Hanson on behalf of Grand Forks Homes, 5044 West Elm Court, request for variance to the front yard setback requirement in order to turn garage into living space, variance approved to allow nine feet of second front yard setback in order to convert the existing garage into living space.
It was moved by Council Member Babinchak and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 99-21, dated December 6, 1999, and totaling $2,546,733.92, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council member Bakken and seconded by Council Member Lunak 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 APPLICATION FOR EXEMPTION OF IMPROVE-
MENTS TO PROPERTY AT 2002 UNIVERSITY AVENUE #1
Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial and residential buildings: Tom K. Kenville, 2002 University Avenue #1, and recommended to grant a three-year exemption to Tom Kenville at 2002 University Avenue #1.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
DECLARE CERTAIN PROPERTY AT CIVIC AUDITORIUM
AS SURPLUS AND OFFER FOR SALE
Committee No. 1, Finance, reported having considered the matter of surplus property at civic auditorium, and recommended to declare the bleachers and banquet chairs surplus and any additional items be presented to the committee chair prior to the council meeting with approval from there and the finance department.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE FOR WASTEWATER
RATE INCREASES
Committee No. 1, Finance, reported having considered the matter of Year 2000 wastewater rate increases, and recommended to introduce the ordinance for 2000 wastewater rate increases.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 15-0301 and subsection 15-0304(2)(F) of the Grand Forks City code, relating to wastewater rates”, which was presented, read and passed on its first reading.
APPROVE HOLIDAY BONUS
Committee No. 1, Finance, reported having considered the matter of holiday bonus, and recommended to council to continue the practice of holiday bonus of four hours on a pro-rated basis to be used by September 1, 2000, and that CDBG positions have contracts amended to allow for holiday bonus of four hours on a pro-rated basis.
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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION CALLING FOR A SPECIAL
ELECTION ON CONSIDERATION OF A USE TAX
Council Member Babinchak moved to take this item off the table as it was tabled in November to this date; Council Member Beyer seconded the motion.
Mr. Swanson advised that because this was tabled to this meeting, you wouldn’t be required to have a motion to remove it from the table, but because you have that motion, either have to vote on the motion or withdraw it. Council Members Babinchak and Beyer withdrew the motion from the floor.
Committee No. 1, Finance, reported having considered the matter of election regarding use tax, and recommended to adopt the resolution calling for a special election on the consideration of a use tax: Document No. 7912 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and that the reason this item was tabled was to set a date in conjunction with the council size vote and that they would be able to meet the requirements of 15th or 22nd of February, 2000, and moved that we set the election regarding use tax for February 22.
Mr. Swanson reported that perhaps two meetings ago he provided the council with a complete resolution setting forth the ballot language and calling for the date of the special election, this would be an election considering the amendments of the Home Rule Charter to impose a use tax in a similar fashion as the sales tax. He stated that the two dates appear to be appropriate for an election, staying with a Tuesday, would be either February 15 or 22, and either of those dates can be met by the publication requirements; and because it involves an amendment to the Home Rule Charter there has to be sixty (60) days from the first date of publication to your election date.
Council Member Lucke asked if at the same time the council was going to approve the ballot language on the downsizing and if not done tonight, would have to choose the 22nd. Council Member Babinchak stated that was not on the agenda, and intent is that they would bring that up under new business and also set the date for that.
Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.
AUTHORIZE “NO PARKING HERE TO CORNER” AT
19TH AVENUE SOUTH AND SOUTH COLUMBIA ROAD
Committee No. 2, Public Safety, reported having considered the matter of request to review parking on 19th Avenue South at South Columbia road, and recommended to install “no parking here to corner” signage for safety issues with the Fire and Police Departments review for safety.
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.
AUTHORIZE REDUCTION OF SPEED LIMIT AT 55TH
AVENUE SOUTH AND SOUTH WASHIGTON STREET
Committee No. 2, Public Safety, reported having considered the request for slower speed limit at 55th Avenue and South Washington Street, and recommended to reduce the speed limit to 45 mph south of the church.
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.
AUTHORIZE HOLDING OF ALCOHOLIC BEVERAGE
LICENSE FOR KNIGHTS OF COLUMBUS COLUMBIAN
CLUB
Committee No. 2, Public Safety, reported having considered the matter of liquor license for Knights of Columbus Columbian Club, and recommended to hold the license until July 1, 2000.
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.
ACCEPT BID FOR AERIAL PLATFORM TRUCK FOR
FIRE DEPARTMENT SUBJECT TO CDBG FUNDING
Committee No. 2, Public Safety, reported having considered the matter of fire apparatus bid, and recommended to not open the KME bid, to remove American LaFrance because it did not meet bid specs., to remove Pierce #2 because it is a demo and to accept the bid of Heartland Fire Apparatus, Inc. for Pierce #1 in the amount of $615,151.00, subject to CDBG funding.
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 PURCHASE OF SPRAY MACHINE FOR
HEALTH DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of purchase of Cougar ultra-low volume spray machine, and recommended approval of the purchase of a Cougar ultra-low volume spray machine in the amount of $7,785.00.
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 from the Communicable Disease (Youth Comm. Imm. Proj. #2033) for transfer of $5,794.00 from Youth Committee budget (dissolved) and transferred to Health Department to continue project, was presented and read.
It was moved by council Member Bouley and seconded by Council Member Bakken that this budget transfer be approved. Carried 13 votes affirmative.
APPROVE REQUEST FOR SIGNAGE AT DAYCARE, 1902
22ND AVENUE SOUTH
Committee No. 2, Public Safety, reported having considered the matter of daycare request for signage, request for “loading/unloading” zone in front of 1902 22nd Avenue South, and recommended approval.
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.
SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 1923 5TH AVENUE
NORTH
Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 1923 5th Avenue North, commercial building, and recommended to receive and file.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
Mr. Swanson, city attorney, advised that the appropriate motion and that they amend the report from the committee would be to set a public hearing on the consideration of the building inspector’s report for January 18, 2000, and at that time the council would take substantive action if any.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.
Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.
SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 2303 COTTONWOOD
STREET
Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 2303 Cottonwood Street, house, and recommended to receive and file.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
It was moved by council Member Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.
Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.
SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 213 COTTONWOOD
STREET
Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 213 Cottonwood Street, house, and recommended to receive and file.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
It was moved by council Member Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.
Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.
SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 317 SOUTH 3RD
STREET
Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 317 South 3rd Street, commercial building, and recommended to receive and file.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
It was moved by council Member Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.
Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.
SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 1324 11TH AVENUE
SOUTH
Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 1324 11th Avenue south, house, and recommended to receive and file.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.