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16781
January 3, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 3, 2000

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, January 3, 2000 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; absent: Council Members Lucke, Lunak, Klave, Martinson - 4.

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

Ken Vein, city engineer, briefly reported on the flood protection project monthly update: he stated that under the Corps of Engineers technical work update, the Corps is expecting to have the final alignments with options in every area for the flood protection committee review at their next meeting, late January, and the Project Cooperation Agreement is in final form at the Corps Headquarters and the council will be asked to authorize the appropriate City officials to sign the document at an upcoming meeting and the official signing ceremony is tentatively planned for Monday, January 31. He stated that the Corps has finished their analysis of the unit modeling and the impacts are very minimal, no upstream impacts and a slight impact downstream all within guidelines. He stated he has sent a letter to the County Commission notifying them that if they want to do any additional alignment modifications or requests of the City to do that, has to be in to us by January 19. He stated that the President’s 2001 budget is expected out the first of February, and we’re already going to be planning for fiscal year 2001 and getting the money appropriated for that year’s construction; and that we’ll be making another request to EPA for funding, and will be trips going to Washington, D.C. He stated that the State is getting ready to sell bonds in February of 2000 for our project. He stated that the Greenway update and the second section of the Greenway Plan is targeted to be brought forth to Flood Protection Committee in February, and still working on the governance under the Red River Renaissance and there are several meetings coming up, meeting the second Thursday of every month, and there are a couple cross-country ski races planned for the Greenway. He stated he left some budgetary information for the council.

ADOPT ORDINANCE NO. 3832.1, TO AMEND CHAPTER
8 AND 9 OF THE CITY CODE, TRAFFIC ORDINANCES TO
ACCOMMODATE STATE LAW CHANGES

An ordinance entitled “An ordinance amending Sections 8-0307, 8-0802, and 9-0216 of the Grand Forks City Code relating to liability insurance, handicapped parking and alcoholic beverages and minors”, which had been introduced and passed on its first reading on December 20, 1999, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.


ADOPT ORDINANCE NO. 3833, AMENDING SECTION
8-1201 OF THE CITY CODE RELATING TO RECREATIONAL
MOTOR VEHICLES

An ordinance entitled “An ordinance amending Section 8-1201 of the Grand Forks City Code relating to recreational motor vehicles”, which had been introduced and passed on its first reading on December 20, 1999, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT RESOLUTION VACATING A 20-FOOT WIDE
EAST/WEST UTILITY EASEMENT IN LOT 1 AND LOT A,
BLOCK 2, INDUSTRIAL RESUBDIVISION NO. 3 AND
LYING IN LOTS 1 AND 2, BLOCK 2, INDUSTRIAL RESUB-
DIVISION NO. 4

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide east/west utility easement in Lot 1 and Lot A, Block 2, Industrial Resubdivision No. 3 and lying in Lots 1 and 2, Bock 2, Industrial Resubdivision No. 4, Grand Forks, ND and more specifically described as lying in the southerly 10 feet of said Lots 1 and A, Industrial Resubdivision No. 3 and lying in the northerly 10 feet of said Lots 1 and 2, Industrial Subdivision No. 4, excepting the easterly 10 feet thereof which is a part of a 10-foot wide north/south utility easement, 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 Beyer and seconded by Council Member Babinchak that we do find and determine an insufficiency of protest to the proposed vacation. Carried 10 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7915 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 10 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-23, dated January 3, 2000, and totaling $4,248,460.73, 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 Polovitz 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, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

DENY APPLICATION FOR ABATEMENT AND
SETTLEMENT OF 1998 TAXES ON PROPERTY AT
1405 24TH AVENUE SOUTH

Committee No. 1, Finance, reported having considered the application for abatement and settlement of taxes for 1998 by the HEMMP Centre, 1405 24th Avenue South (Lot B, Replat of Lot 2, Block 1, Endres-Rydell 2nd Resubdivision), and recommended to recommend to the County Commission that the application for tax abatement on the HEMMP Centre be denied because the property on February 1, 1998 was fully rented so city assessor’s value is appropriate.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE RELATING TO ELIMINATION
OR SALE OF LICENSES AND ENACT REGISTRATION OF
BICYCLES

Committee No. 2, Public Safety, reported having considered the matter of proposed bike license ordinance changes to eliminate sale of licenses and enact registration of bikes, and recommended to approve the ordinance change to go from licensing to registration of bicycles and forward for first reading.

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

Council Member Hamerlik expressed some concern 1) that a fee may be imposed by the police chief, and asked if fee could vary and 2) most of the bikes that are sold are from private party to private party, and the purchaser must register the bicycle; and questioned whether have a lot of bicycles not registered. Council Member Bakken stated they are not sure what the fees may be, that currently there is no fee involved, and if a fee were to be charged that would come back to committee; fee would be an administrative decision. Chief Packett stated that this will generate more compliance where going from a licensing type system to a registration system, and have problem under current licensing system and high percentage of bikes in town are not licensed. He stated it was feeling of staff if went to a registration system it was relatively easy to use and would be to citizens advantage to register those numbers with the police department. It was noted that more people might register a bicycle because there is no fee; and impossible to enforce.

After some discussion and upon call for the question, the motion carried 10 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance repealing Article 16 of Chapter XXI and adopting a new Article 16 to Chapter XXI of the Grand Forks City Code relating to registration and licensing of bicycles”, which was presented, read and passed on its first reading.
APPROVE AMENDMENT TO 1999 CDBG ENTITLEMENT
PROGRAM FOR LOAN TO VALLEY MEMORIAL AND
OPEN 30-DAY PUBLIC COMMENT PERIOD

Committee No. 4, Urban Development, reported having considered the matter of amendment to 1999 CDBG Entitlement Program, and recommended approval to amend the program statement for the loan to Valley Memorial and open up a 30-day public comment period.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this
recommendation be and is hereby approved. Carried 10 votes affirmative.

GRANT EXTENSION TO CONTRACT OBLIGATION
DATE FOR SOUTH 3RD STREET DEVELOPMENT

Committee No. 4, Urban Development, reported having considered the matter of request for extension to contract obligation date for South 3rd Street development, and recommended that an extension to February 7, 2000 be granted to Schoen Associates for 15, 27 and 31 South 3rd Street.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE TRANSFER OF FUNDS FOR ACQUISITON
OF 309 NORTH 7TH STREET

Committee No. 4, Urban Development, reported having considered the matter of acquisition of 309 North 7th Street, and recommended that we transfer $25,000 from Contingency to Phase III and make an offer of $21,500 for the property at 309 North 7th Street with a February 4 deadline for signing a purchase agreement.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimates dated January 3, 2000 and totaling $6,642,712.68 were presented and read (Flood Estimate Summary in the amount of $262,508.53; CDBG Estimate Summary in the amount of $829,933.26; Regular Estimate Summary in the amount of $5,550,270.89).

It was moved by Council Member Glassheim and seconded by Council Member Hafner that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 10; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Watermain Project No. 4880; Watermain Project No. 4881; Watermain Project No. 4882; Sewer Project No. 4924; Sewer Project No. 4925; Watermain Project No. 5026; Storm Sewer Drainway Project No. 4440; and Sewer Project No. 4959, District No. 400.

It was moved by Council Member Beyer and seconded by Council Member Hafner that these recommendations be and are hereby approved. Carried 10 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to council for referral to committee and/or department for consideration:

1) Council Member Carpenter presented the matter of televising city council meetings, which was referred to the finance committee for consideration.
2) Council Member Bouley presented the matter of request for yield sign at North 6th Street and 7th Avenue North, which was referred to the public safety committee for consideration.
3) Howard Swanson, city attorney, presented the matter of court appeals with regard to municipal court appeals, which was referred to the finance committee for consideration.
4) Mr. Swanson presented the matter of jail contract for municipal prisoners, which was referred to the finance committee for consideration.
5) Mr. Swanson reported that December 31, 1999 was the deadline for the homeowner self-help cleanup refunds, that they have sent out 338 letters and of that 107 never responded, and they have issued 178 checks, 28 in the process of being issued, and another 30 or so that they are waiting for insurance company reports. He stated to this point they have paid out $580,000 roughly, average refund is about $2,500, and would anticipate that they would be issuing out another $50 to 70,000 in that area; there are 7 people whose letters were returned and within the last two weeks they’ve been able to track down their addresses and as an administrative decision, we are allowing them additional time. He stated that other than those that are waiting to be processed or those 7 that they recently notified, the program has been closed.

ADJOURN

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do now adjourn until Tuesday, January 18, 2000 at 7:30 o’clock p.m. Carried 10 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor