City of Grand Forks, North Dakota

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17147
August 7, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 7, 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, August 7, 2000 at the hour of 7:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; absent: Council Member Klave - 1.

President Gershman 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, stated that he would highlight significant items and be available for any questions. He stated under the Technical Work Update the Corps is continuing their work on the alignment design memorandum and that this has taken longer than expected and hope to have that shortly and the Corps is also in negotiations with Stanley Engineers to design the first levee reach project, and that the Corps has subcontracted that work . He stated they have awarded the contract to remove the N.P.R.R. Bridge to TEK Contractors and that work expected to be done this fall, and work also continues on the Riverside Dam and hope to have that completed this fall. He stated they are continuing to work on the English Coulee Diversion and interior flood control and working on pump supply contract to provide a uniform pump and controls for all storm water pump stations, and since this project is going to take place over many years we don’t want to have a number of different pump suppliers and controls, that will all be bid as one package. He stated that the Corps is also preparing for some demolition of facilities to take place this fall and will be giving them a list of some of those demolitions and working with them on that.

Mr. Vein stated that under the project financing and under federal appropriations, both the Senate and House are in recess but the Senate is expected to vote on the energy and water appropriations bill in September, there is $13 million earmarked for Grand Forks/East Grand Forks project, once that is complete it will go to a conference committee. The State of North Dakota is also putting together its budget, the State is preparing for the 2001/2003 biennium budget and $15 million is included for the State’s share of our project to be used during that time period. He stated under local funding still working with the Special Assessment Commission as they continue to determine the correct benefits they are going to propose as far as distribution of costs.

Mr. Vein stated that under Acquisitions the City has accepted bids on July 14 for 9 of the 12 homes and the third bid package is expected to be out on August 21 for continuing bidding some of the homes, and a major effort will be moving of the interim levees west onto the permanent alignment from DeMers to Kittson Avenue, this would be east of South 3rd Street south of DeMers where removal of the temporary levee that was placed a year ago out of the way as there is some excavation of some contaminated materials underneath it and move that levee up to the permanent location farther to the west and that is expected to be taking place shortly. He stated that at the request of Mayor Brown a team building session will be held on August 28, 2000 for the Mayor and City Council to meet with the key Corps officials and with staff. He stated that the Greenway update is attached to the flood report , that as a result of the Greenway Information Session they are going to try to refine some of the estimates on the O & M cost and put them into one clear document and have that available in a week. He stated they will be a couple issues on the Renaissance coming up later and also that Helen Cozzeto has accepted a position with the MN DNR and will be leaving very shortly.

There were some questions as to amount of special assessments, and it was noted that there was a rough number that had been given out, and was based on a uniform assessment, that the average residential lot (71 ft. lot -effective front footage) would be between $1600 and $1700 over a 20-year period - about $160 to $170 cost annually. The matter of the Belmont Road dike location - and it was noted that the exact location of the future levee along Belmont Road was originally planned to be moved somewhat farther east, between fairways 4 and 5, and the final determination will be better known once the design alignment memorandum comes out from the Corps, anticipated it will be moved somewhat east. Council member Martinson questioned if placement of the danger signs at the dam are included in that project and wanted those signs in place so another tragedy will not occur at that site. Mr. Vein reported that it is included in the specifications for the project. Council Member Bjerke questioned the making of a greenway video and asked if approved and budgeted by city council; Ms. Dressler reported this was approved in Charles Flink’s contract, and Flood Protection approved it through negotiations with an RFP and approved by council, although no contract has been negotiated yet. Information.

APPROVE MINUTES JULY 17, 2000

Typewritten copies of the minutes of the adjourned city council meeting held on Monday, July 17, 2000 were presented and read. Council Member Bjerke stated that the roll call on the item relating to authorized release of funds for UND faculty research did not show him as voting against the motion, President Gershman stated the correction will be noted. It was moved by Council Member Lunak and seconded by Council Member Martinson that these minutes be approved, with correction. Carried 13 votes affirmative.

REFER MATTER OF ORDINANCE BACK TO PUBLIC
SERVICE AND URBAN DEVELOPMENT COMMITTEES

An ordinance entitled “An ordinance enacting Article 3 of Chapter XXIV of the Grand Forks City Code relating to the establishment of a public enterprise known as the Red River Renaissance”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading and final passage.

Council Member Brooks moved to table consideration of this ordinance indefinitely and refer it to the Urban Development Committee. Council Member Hamerlik seconded the motion.

Howard Swanson, city attorney, advised that a motion to table is not debatable except for the length of tabling; that under the Rules the length of time is debatable - as to whether it should or should not be tabled is not debatable. Council Member Hoff stated he would like to debate the length of time, that indefinitely looks like never and would rather see it tabled for 2 weeks. Mr. Swanson stated that the motion to table is amendable with respect to the length of tabling. Council Member Babinchak moved that the ordinance be referred to Urban Development and to Public Service. Council Member Brooks seconded the amendment. Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak to delete the word “indefinitely” from the motion.

Mr. Swanson advised that a motion to refer back to committee with an indefinite time to report, by definition means that it will be back on their agenda when those committees make their reports.

Mr. Swanson stated that normally on procedural motions it is limited to the body itself, and it is unusual to have a motion to table prior to the onset of the public hearing but that is within the prerogative of the body. Council Member Hoff and Council Member Hamerlik moved to suspend the rules and to allow discussion. Carried 13 votes affirmative.

President Gershman opened the public hearing.

Council Member Christensen stated that he thinks there has been a lot of misinformation that has been generated over this proposed ordinance, that the ordinance we are dealing with is an ordinance dealing with governance and is the only ordinance this group has been asked to vote for or against. He stated that he didn’t think there was any person on the council that doesn’t know that we are going to have a greenway, that is a given inherent with the advent of a dike is a greenway. He stated that the issue is funding and it is his understanding that of the people on staff (one has taken a job with MN DNR and have two remaining staff persons and they have been assigned duties in the engineering department to deal with the flood protection project, and because of their knowledge on this issue of the greenway, that they will continue to pursue the development of an enhancement of the greenway. We are in the process of putting the 2001 budget together and the issue has been blown out of hand in the media as to whether we are going to have or not have a greenway - because we are going to have a greenway. He stated that none of us want an unsightly riverbank and want to have the best system of trails we can have. He stated that they allow us to take this back to our standing committees (one which has the engineering department, the other which has buildings and grounds) and come up with a workable plan for the continuance of the enhancement of the future greenway.

Bob Seabloom, 419 27th Avenue South, stated he comes in part as member of the Friends of the Greenway and as former Lincoln Drive homeowner who went through the buyout to make way for the flood project. He stated that part of their thinking was a vision that something better would emerge making Grand Forks a better and more attractive place to live, namely the emergence of a greenway. He stated we now have a greenway and question is what to do about it, that when they visit their former neighborhood they see infrequently mowed grass, storm and flood debris and hulk of a burned out car, and hardly vision of a proud and beautiful feature. He stated a properly developed greenway needs a governance structure, a competent professional staff and the active support of volunteers and support groups, such as service clubs, Friends of the Greenway and the GOALS organization; that once governance and staffing are established other organizations and agencies are waiting to step in and provide support and assistance; that the US Fish & Wildlife Service Office in Devils Lake has already signed a cooperative agreement with the City of East Grand Forks and is waiting to see what Grand Forks does. Staff of the ND Game & Fish Department have informed them they are interested in providing technical assistance, including natural resources staff to work with the City once there is a governance structure that they can deal with. He stated that the public is waiting, the Friends of the Greenway is waiting, cooperating agencies are waiting and urged council to move ahead with this matter, establish a governance structure and help them to achieve their greenway vision.

Henry Valdur, 1513 University Avenue, stated he has been to several greenway meetings and that they don’t know where the money is going to come from, that there have been a number of things in the newspaper, commented on greenways in Seattle, Washington, that we have an opportunity here to make this a tourist attraction, and need to have governance body take charge of this.

Ross Weiler, 701 North 3rd Street, stated his main concern with the greenway development is that the function of the greenway be the primary concern, great to have a beautiful riverfront and development along the riverfront, that he has seen the riverbanks recede, trees replaced, replanted many times in an attempt to green them up and seen them destroyed many times by continued high water through the greenway area, and need to remember in the development of this idea that it is primarily a flood control function and that it is a natural area where we do not have control. He stated the main reason he is here tonight to speak is that he is very concerned with some issues that have not been addressed to his satisfaction in the primary purpose of the greenway and the flood reduction; that our bridges are our primary problem in water levels and are blocking function. He stated that no matter what we do to the greenway unless we change shape of the riverbank we will have flooding caused by those bridges, unless raise bridges, etc. He suggested that what he would like to see is rather than a river channel that passes under a bridge, we have an opportunity downtown to enlarge the river channel near the bridge, to open up the NSP site and get rid of the contaminants, and would like to see the areas around the bridges enlarged - which would double or triple the amount of water that could flow through those openings in the event of high water; and one way this could be done is to open a half block to our side of the river without consulting East Grand Forks with a below current level of ground parking area that would allow floodwater to pass, the road could be put on piers at the height of the bridge for one-half block and have an extremely enlarged channel for water to flow through, and if that wasn’t adequate with all the parking ramps, could keep parking level with the street and open downtown original business place to allow water to pass through that half block region, and unless we deal with where the water has to go, will have flooding. He stated he wanted to discuss another concern - which is the way they are going to assess properties for the dike, that if you live near the dike will be assessed more - his property is 52 ft. of elevation and dike doesn’t help him a lot, that he has raised his house and done many things to floodproof his basement and improve his structure to withstand floods but if going to look at how much the dike is protecting people, it shouldn’t be geographical location to the river, but elevation or combination of the two.

Ann Sande, 1110 Belmont Road, vice president of the Friends of the Greenway, urged council to pass a governance structure for this greenway, that they need a central body to go to when they have projects and told it would be the Planning Department, that the Planning Department doesn’t have anyone who knows anything about this, and need an organization with the interests of the greenway at heart to come to. The proposed Red River Renaissance body is not a paid body but it includes all the organizations with an interest in the greenway (the City, the Park District, downtown, natural resources, Friends of the Greenway Board), and they would be specifically charged with having the interest of the greenway at heart, and need a central organization which is charged with the governance of the greenway, not the Planning Department which has other things to do which will come before the greenway, nor the Engineering Department; need an organization that groups can come to without having input from the Park District and the downtown and other organizations. She stated that as chairman of the Rotary Park Committee of the Rotary Club of Grand Forks they were in the process of designing a park which would be in the downtown (walkways, retaining walls, plantings), would like to do this but don’t have anyplace to go. She stated that they have money that they would like to put into the greenway, that they have no place to go.

Council Member Babinchak stated it was her understanding that the greenway was part of the dike project, there would not be another special assessment for the greenway, it’s included in the project, and that has been the plan.

The city auditor reported that in the original estimates they have given on special assessments for the flood protection project, there were dollar amounts included to match the Corps dollar of $2.25 million and there was also an additional line item in the project of up to $5 million for additional work on the greenway, and is included in the $1600 total dollar amount that they said over 20 years or the $160 to $170, and now stated that’s an estimate based on what gets approved but was included in the original amount.

Council Member Kreun stated they are charged with balancing the budget and utilizing staff to the best abilities that we have, have a person coming on board who will be the coordinator, and that person is going to need staff, we have other CDBG funded people whose jobs are coming to an end and have to utilize those staff and when bring up the idea that someone has to have a contact person or an organization, how will that work get done when they come to that organization - they will come to us and we will take the planning department and help plan the project. Mrs. Sande stated it was her understanding that most of the newly elected members of this council were elected on a platform of making the city council a policy making body, not a management decision making body. Council Member Kreun stated that decision making could be done by an individual within that department and that can be the contact person but still have to have the Planning Department approve the plans, then it would go to Engineering to do the bids, etc.; that they are already taking care of mowing of grass through Public Works, so wouldn’t that be a logical position to put that in with the Park Department and utilize their staff as well. He stated that if they take one person and make that person accountable and make that person the greenway coordinator and they utilize our existing staff with the existing monies that we have, maybe can blend this together so it doesn’t cost us a lot of money.

Council Member Glassheim stated that there is a reason to have a governing structure: 1) one for identity purposes, 2) that there is no budget before them tonight, but are approving something that would be an identified entity. He stated that this is a focused group that cares about the greenway.

Ms. Joanne Gabrynowicz, 1323 Noble Cove, spoke in favor of the greenway; that there are hundreds of people in a small town coming to council saying they are coming together and that this is something the people would like to look into, and if discussing a governance structure tonight, is letting the people have their voice and never known a city that has been benefited by not opening the debate and if those people can't convince you through the governing process over time that they can come up with assistance in defining a responsible way to fund the greenway, let it fail at that point.

Mel Pederson, 2423 University Avenue, stated there used to be a riverboat and perhaps he would come back again.

President Gershman closed the public hearing.

Upon call for the question on the amendment to the motion to delete the word “indefinite” from the first motion, the motion carried 13 votes affirmative.

Upon call for the motion as amended to refer the Renaissance ordinance to the Urban Development Committee and the Public Service Committee, and upon roll call vote, the following voted “aye”: Council Members Lunak, Christensen, Bakken, Kreun, Brooks, Bjerke, Hamerlik, Burke, Gershman - 9; voting “nay”: Council Members Babinchak, Martins, Hoff, Glassheim - 4. President Gershman declared the motion carried.

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE LAND DEVELOPMENT
CODE DEFINING THE EVENT CENTER ATTRACTION SIGNS
AND SPONSORSHIP ADVERTISING TO SEPTEMBER 18

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II”, which had been introduced and passed on its first reading on July 17, 2000 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 and further that to date no protests or grievances had been filed with his office.

President Gershman 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 reported that the Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks Planning Department for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the grand Forks City Code of 1987, as amended, amending Section 18-0204(2) Definitions to define event center attraction signs and sponsorship advertising, and recommended tabling the request until September 6, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim to continue the public hearing and second reading of the ordinance to September 18, 2000. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE ZONING MAP TO
INCLUDE WITHIN DANKS PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, ALL OF DANKS ADDITION
AND DANKS 2ND RESUBDIVISION TO SEPTEMBER 18

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Danks PUD (Planned Unit Development), Concept Development Plan, and to include within Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Danks Addition and Danks 2nd Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on July 17, 2000 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 and further that to date no protests or grievances had been filed with his office.
President Gershman 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 reported that the Planning and Zoning Commission reported having considered the request from the Grand Forks Planning Department for final approval of an ordinance to amend the zoning map and to exclude from the Danks PUD (Planned Unit Development), Concept Development Plan and include within the Danks PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Danks Addition and Danks 2nd Resubdivision (located between DeMers Avenue and 17th Avenue south extended and between South 42nd Street and I-29 Right of Way), and recommended tabling the request until the September 6, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Babinchak and seconded by Council Member Kreun that the public hearing and second reading of the ordinance be postponed to September 18, 2000. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE AMENDING THE ZONING MAP TO INCLUDE
WITHIN UNIVERSITY VILLAGE PUD, CONCEPT DEVELOP-
MENT PLAN, AMENDMENT NO. 1, ALL OF UNIVERSITY
VILLAGE ADDITION AND ALL OF COLUMBIA 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 University Village PUD (Planned Unit Development), Concept Development Plan, and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of University Village Addition and all of the Columbia Addition to the city of Grand Forks, North Dakota”, which was introduced and passed on its first reading on July 17, 2000 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 and further that to date no protests or grievances had been filed with his office.

President Gershman called upon the audience to see if here was anyone present who had comments to make on this matter. There were none.

The city auditor reported that the Planning and Zoning Commission reported having considered the matter of the request from the grand Forks Planning Department for final approval of an ordinance to amend the zoning map and to exclude from the University Village Planned PUD (Planned Unit Development), Concept Development Plan and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of University Village Addition and all of the Columbia Addition (located between Gateway Drive and 6th Avenue North and between North Columbia Road and the English Coulee), and recommended tabling the request until the September 6, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Babinchak and seconded by Council Member Kreun that the public hearing and second reading of the ordnance be continued to September 18, 2000. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3854.1 RELATING TO THE
MOSQUITO CONTROL FEE

An ordinance entitled “An ordinance amending Section 15-0117 of the Grand Forks City Code relating to the mosquito control fee”, which had been introduced and passed on its first reading on July 17, 2000, 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 Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 11; voting “nay”: Council Members Brooks, Bjerke- 2. President Gershman declared the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5156, DISTRICT NO. 135

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting Project No. 5156, District No. 135, street lighting in Kannowski’s First Addition (Golf Course), had expired on July 26, 2000, and that he had received no written protests.

President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 8005 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Martinson that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 135, Project No. 5156, 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 CONTRACT, STREET
LIGHTING PROJECT NO. 5156, DISTRICT NO. 135

The city auditor presented and read tabulation of bids which had been received and opened on July 24, 2000 for Street Lighting Project No. 5156, District No. 135, street lighting in Kannowski’s First Addition (Golf Course), indicating that Bergstrom Electric, Inc. was the low bidder based upon their bid in the amount of $116,421.00: Document No. 8006 - Bid Tabulation.

The city engineer’s estimate of total cost on Street Lighting Project No. 5156, District No. 135, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5156, District No. 135, street lights in Kannowski’s First Addition, recommended to accept the bid of Bergstrom Electric, Inc. in the amount of $116,421.00.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8007 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution awarding the contract for Street Lighting Project No. 5156, District No. 135, to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

HOLD PUBLIC HEARING ON PROPOSED DIAL-
A-RIDE/PARATRANSIT APPLICTAION

The city auditor reported that notice had been published calling for a public hearing to be held this evening for consideration of adopting a new Paratransit/Dial-a-Ride application form.

President Gershman 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.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING FROM 1
LINCOLN DRIVE TO 2097 NORTH 42ND STREET

The city auditor reported that the notice of public hearing on the application by Tony Anderson to move a building from 1 Lincoln Drive to 2097 North 42nd Street to be used as a storage building had been published and posted as required.

President Gershman called upon the audience to see if here was anyone present who had comments to make on this matter. There were none.

Committee no. 3, Public Service, reported having considered the matter of application for moving permit by Tony Anderson to move building from 1 Lincoln Drive to 2097 North 42nd Street, and recommended to approve application for moving permit subject to the public hearing.

It was moved by Council Member Kreun and seconded by Council Member Babinchak that this recommendation be and is hereby approved and further that Mr. Anderson be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.

HOLD HEARING RELATIVE TO REFUSAL TO
RENEW OR GRANT TAXI DRIVER’S LICENSE

The city auditor reported that this is a hearing relative to refusal to renew/grant taxi driver’s license to Christopher Grinde.

President Gershman asked if Mr. Grinde was here to speak to this matter. Mr. Grinde was not present.
Council Member Hoff stated he looked at Mr. Grinde’s driver’s record and at the law and while there are some concerns about his driving record, the law is not specific as to what constitutes a bad or good driving record and under what basis they may deny this, there may be a very low threshold or very high threshold and in order to be fair, it seems that standards have to be established, and also concerned about how the driver’s record was presented (that one charge had been reduced) and need to establish some standards. Council Member Martinson stated the gentleman had 13 violations in the past 10 years and would not want this gentleman driving public in taxicab. Council Member Babinchak stated this also comes to the concern that the City is approving this as license for this person, and opens City to some liability. Council Member Hoff stated he was talking about policy and that the hearing on this presents an opportunity to examine the law which is not specific at all, no standards as to what is good or bad driver.

Committee No. 2, Public Safety, reported having considered the matter of hearing relative to refusal to renew/grant taxi driver’s license (Christopher Grinde), and recommended denial of a taxi license for Christopher Grinde for the City of Grand Forks.

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

REPORTS OF OFFICERS

The city auditor’s statements as to cash balances for the period ending June 30, 2000 and statement for the period ending July 31, 2000 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Glassheim that these reports be and are hereby received and filed. Carried 13 votes affirmative.

The city auditor’s statement of investment activity for the period ending July 31, 2000, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-13, dated August 7, 2000, and totaling $1,928,664.48, 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 Glassheim 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, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the bills ordered paid.

President Gershman asked if there were an items that the council wished to send back to committee for further consideration. There were none.

APPROVE ASSIGNMENT OF GFG TAX INCREMENT
FINANCING AGREEMENT

Committee No. 1, Finance, reported having considered the matter of approval of the assignment of GFG Tax Increment financing agreement, and recommended to approve the assignment of the GFG Tax Increment financing agreement to JP Food Distributor’s, Inc. and authorize proper City officials to execute the documents upon final approval by the city attorney’s office.

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

Council Member Christensen asked to be excused from voting on this matter, and it was so moved by Council Members Lunak and Babinchak. Carried 12 votes affirmative.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Babinchak, Bakken, Kreun, Martinson - 12; voting “nay”: none; Council Member Christensen excused from voting.

APPROVE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR 1999

Committee No. 1, Finance, reported having considered the matter of Comprehensive Annual Financial Report (CAFR), and recommended to accept the 1999 CAFR, receive and file and authorize final payment to Brady Martz subject to final approval by the State Auditor’s Office.

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

MATTER OF LIABILITY INSURANCE

Committee No. 1, Finance, reported having considered the matter of liability insurance, and recommended to authorize the city attorney to draft an RFP regarding liability insurance and come back to the committee at the earliest possible time in order to meet the November deadline.

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

APPROVE BIDS FOR NEW TELEPHONE SYSTEM
AT VARIOUS SITES

Committee No. 1, Finance, reported having considered the matter of bids for new telephone systems at various sites, and recommended to accept the low bid from Jacobson Office Products in the amount of $99,578.00 for the telephone system for Fire (cash carryover), Police (anticipated grant funds), Public Works (cash carryover) and the Alerus (Furniture, Fixtures and Equipment) as well as approval of the related budget amendments.

It was moved by Council Member Bjerke and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE BUDGET AMENDMENT

A request for budget amendment for Finance Department in the amount of $5,000.00 to release authorized contribution for Forks Area Sports Association, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this amendment be and is hereby approved. Upon roll call the following voted “aye”: Council Members Christensen, Babinchak, Bakken, Kreun, Martinson, Hoff, Hamerlik, Glassheim, Gershman - 9; voting “nay”: Council Members Brooks, Bjerke, Burke, Lunak - 4. President Gershman declared the motion carried.

APPROVE GRANTS WITH NORTH DAKOTA DEPARTMENT
OF HEALTH AND HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grants with ND Department of Health, Tobacco Prevention and Control Grant for period July 1, 2000 to August 31, 2000, in the amount of $8,000, and recommended approval.

Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, Women’s Way Cancer Prevention and Control Grant for period July 1, 2000 to June 30, 2001 in the amount of $44,600.00 and recommended approval.

Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, TB Screening Services Grant for period July 1, 2000 through June 30, 2001 in the amount of $7,500.00, and recommended approval.

Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, HIV/AIDS Testing Grant for the period July 1, 2000 through June 30, 2001 in the amount of $10,000, and recommended approval.

Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, Ryan White AIDS Financial Assistance Grant for the period July 1, 2000 through June 30, 2001 in the amount of $6,000, and recommended approval.

Committee No. 2, Public Safety, reported having considered the matter of grants with the ND Department of Health, Care Coordination Services for Children w/Special Needs for the period July 1, 2000 through June 30, 2001 in the amount of $25,000, and recommended approval.

It was moved by Council Member Babinchak and seconded by Council Member Martinson that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE REQUEST FROM RED PEPPER TO
CHANGE HOURS AT TEMPORARY LOCATION

Committee No. 2, Public Safety, reported having considered the request from Jeff Tellman, Red Pepper, for change in hours at temporary location, and recommended approval of the Red Pepper extended hours subject to review by the Police Department nightwatch commander (to remain open until 1:30 a.m. on weekdays, 2:00 a.m. on Fridays and Saturdays and 12:00 midnight on Sundays).

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

APPROVE APPLICATION FOR TRANSFER OF
ALCOHOLIC BEVERAGE LICENSE TO ADOBE
RESTAURANTS, INC., 3000 32ND AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the application by Adobe Restaurants, Inc. for transfer of alcoholic beverage license at 3000 32nd Avenue south (former Rio Bravo site), and recommended approval with city attorney review.

It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative, Council Member Bjerke voting against the motion.

APPROVE SALE OF 1970 FIRE TRUCK

Committee No. 2, Public Safety, reported having considered the bids for sale of 1970 fire truck (with funds to go to equipment needs for ISO review), and recommended approval to sell the 1970 fire truck to Northwest Technical College for $3,500 with the money to come back to the Fire Department for tools and equipment for the ISO review.

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

Council Member Hoff stated this is an opportunity to say that they could get more money for the property we are disposing of if put it on the internet.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 12; voting “nay”: Council Member Hoff - 1. President Gershman declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the Health Department in the amount of $1,637.00 to reflect new CSCC revenue to be used to replace malfunctioning office shredder, was presented and read.

A request for budget amendment for the Health Department in the amount of $1,881.00 to reflect additional revenue (equalization of city and grant fiscal cycles), was presented and read.

A request for budget amendment for the Health Department in the amount of $4,249.00 to reflect Immunization Conference revenue (Smithkline Beecham $3,684.33, registration fees $28.75, ND Department of Health $536.26), was presented and read.

A request for budget amendment for the Tobacco Grant in the amount of $8,000.00 to reflect additional funding from the North Dakota Department of Health, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Martinson that these budget amendments be and are hereby approved.

After some discussion and upon call for the question the motion carried 11 votes affirmative; Council Members Brooks and Bjerke voted against the motion.

APPROVE APPLICATION TO RELOCATE DAGWOOD’S
PUB & BOTTLESHOP TO 425 NORTH 42ND STREET

Committee No. 2, Public Safety, reported having considered the application to relocate Dagwood’s Pub & Bottleshop from 1395 S. Columbia Road to 425 North 42nd Street, and recommended approval subject to the city attorney’s review.

It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.

ACCEPT BIDS FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the bids for traffic paint, and recommended to approve acceptance of the low bid contingent upon testing of paint to make sure it meets requirements: 1375 gal. white paint in the amount of $40.30/gal. or $443.30/55 gal. barrels in the amount of $11,082.50, and 1055 gal. yellow paint in the amount of $40.30/gal. or $443.30/55 gal. barrels for a total $8,503.30.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

ACCEPT BIDS FOR HOSES AND REELS AT
BALING FACILITY

Committee No. 3, Public Service, reported having considered the bids for hoses and reels at baling facility, and recommended to accept the bid of Grand Forks Fire Equipment in the amount of $6,066.24.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the Street Department in the amount of $1,551.62 to reflect sale of surplus property, was presented and read.

A request for budget amendment for the Water Department in the amount of $30,000.00 to reflect 1999/2000 purchase of meters completed in FY2000 budget year, was presented and read.

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

AUTHORIZE INSTALLATION OF SIGNALS FOR
BIKEPATH CROSSING ON 47TH AVENUE SOUTH
NEAR SOUTH MIDDLE SCHOOL

Committee No. 3, Public Service, reported having considered the matter of request to install signals for bikepath crossing on 47th Avenue south near South Middle School, and recommended to approve the request, with School District to make payment of cost.

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

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH ND
DEPARTMENT OF TRANSPORTATION FOR PROJECTS
5111.1 AND 5111.2, INTERSECTION IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with the North Dakota Department of Transportation for Project 5111.1 Intersection Improvements at South 34th Street and 17th Avenue South and Project No. 5111.2 Intersection Improvements at South 20th Street and 24th Avenue South, and recommended to authorize entering into he cost participation and maintenance agreement with the North Dakota Department of Transportation.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE SPECIAL ASSESSMENT DISTRICT FOR
PAVING PROJECT NO. 4522, DISTRICT 554.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4522, District No. 554.1, paving on Cherry Street from 47th Avenue South to the Southend Drainway, and recommended that we approve assessment of Project No. 4522, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on June 1, 1998).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8008 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4522, DISTRICT NO. 554.1

The city auditor presented and read the engineer’s report for Paving Project No. 4522, District No. 554.1: Document No. 8008.1 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT FOR
SEWER PROJECT NO. 4661, DISTRICT 391.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4661, District No. 391.1, sanitary sewer on South 34th Street and 40th Avenue South, and recommended that we approve assessment of Project No. 4661, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on June 1, 998).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8009 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4661, DISTRICT NO. 391.1

The city auditor presented and read the engineer’s report for Sewer Project No. 4661, District No. 391.1: Document No. 8010 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT
FOR WATERMAIN PROJECT NO. 4706, DISTRICT 260.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4706, District No. 260.1, watermain on South Washington Street and 47th Avenue South, and recommended that we approve assessment of Project No. 4706, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on March 16, 1998).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8011 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4706, DISTRICT NO. 260.1

The city auditor presented and read the engineer’s report for Watermain Project No. 4706, District No. 260.1: Document No. 8012 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT FOR
SEWER PROJECT NO. 4707, DISTRICT 393.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4707, District No. 393.1, storm sewer on 47th Avenue South from South Washington Street west, and recommended that we approve assessment of Project No. 4707, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on April 6, 1998).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8013 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4707, DISTRICT NO. 393.1

The city auditor presented and read the engineer’s report for Sewer Project No. 4707, District No. 393.1: Document No. 8014 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT FOR SEWER
PROJECT NO. 4838, DISTRICT 399.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4838, District No. 399.1, sanitary sewer on South 20th Street from 40th to 47th Avenue South, and recommended that we approve assessment of Project No. 4838, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on July 20, 1998).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8015 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4838, DISTRICT NO. 399.1

The city auditor presented and read the engineer’s report for Sewer Project No. 4838, District No. 399.1: Document No. 8016 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT FOR
WATERMAIN PROJECT NO. 4839, DISTRICT 264.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4839, District No. 264.1, watermain on South 20TH Street from 40th to 47th Avenue South, and recommended that we approve assessment of Project No. 4839, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on February 16, 1999).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8017 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4839, DISTRICT NO. 264.1

The city auditor presented and read the engineer’s report for Watermain Project No. 4839, District No. 264.1: Document No. 8018 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT FOR
WATERMAIN PROJECT NO. 4919, DISTRICT 265.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4919, District No. 265.1, watermain on 45th Avenue south and South 25th Street, and recommended that we approve assessment of Project No. 4919, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on February 16, 2000).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8019 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4919, DISTRICT NO. 265.1

The city auditor presented and read the engineer’s report for Watermain Project No. 4919, District No. 265.1: Document No. 8020 - Report.

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

APPROVE SPECIAL ASSESSMENT DISTRICT FOR SEWER
PROJECT NO. 4939, DISTRICT 401.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4706, District No. 4939, storm sewer on 4th Avenue South, South 25th Street and South 20th Street, and recommended that we approve assessment of Project No. 4706, and to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and an assessment district map, (created as future assessment district on February 16, 2000).

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 8021 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4939, DISTRICT NO. 401.1

The city auditor presented and read the engineer’s report for Sewer Project No. 4939, District No. 401.1: Document No. 8022 - Report.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5064, LANDFILL CLOSURE PHASE III

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5046, Landfill Closure Phase III, and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR STEAMLINE
REPLACEMENT PROJECT, PHASE II

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for UND Streamline Replacement Project, Phase II, and recommended to approve plans and specifications contingent upon engineering review and approval.

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

ACCEPT LOW BID FOR PROJECT NO. 5108, 2000 TRAFFIC
LOOP DETECTOR REPLACEMENT PROJECT

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5108, 2000 Traffic Loop Detector Replacement Project, and recommended to accept the bid of Nodak Contracting in the amount of $17,230.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried and the contract awarded

APPROVE CHANGE ORDER FOR PROJECT NO. 4861,
SANITARY SEWER RESTORATION AREA 1

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4861, Sanitary Sewer Restoration Area 1, Change Order No. 7, and recommended to approve Change Order No. 7, Project No. 4861, Sanitary Sewer Restoration Area 1 for Molstad Excavating, Inc. in the amount of $14,930.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4719,
SANITARY SEWER RESTORATION AREA II

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, Sanitary Sewer Restoration Area 2, Change Order No. 11, and recommended to approve Change Order No. 11, Project No. 4719, Sanitary Sewer Restoration Area 2 for Lametti & Sons, Inc. in the amount of $2,148.30.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4983,
PUMP STATION NO 27 REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4983, Pump Station No. 27, Replacement, General Contract, Change Order No. 3, and recommended to approve Change Order No. 3, Project No. 4983, Pump Station No. 27 Replacement for Industrial Contract Services, Inc. in the amount of $3,452.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4971,
WATER TOWER LEVEL CONTROLS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4971, Water Tower Level Controls, Mechanical Contract, Change Order No. 2, to approve Change Order No. 2, Project No. 4971, Water Tower Level Controls, mechanical contract with Moorhead Construction Company, Inc., in the amount of $6,404.51 with funding sources: Water Maintenance Operations budget (Maint. and Water Towers 5300.00, 5340.440.0030).

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 49824.1,
MILL AND OVERLAY STREET, CITY-WIDE PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4824.1, Mill and Overlay Streets, city-wide, Phase I, Change Order No. 2, and recommended to approve Change Order No. 2, Project 4824.1, Mill and Overlay Street City-wide Phase I, with Nodak Contracting, zero dollar.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4824.1,
MILL AND OVERLAY STREETS, CITY-WIDE, PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4824,1, Mill and Overlay Streets City-Wide Phase I, Change Order No. 3, and recommended to approve Change Order No. 3, Project No. 4824.1, Mill and Overlay Streets City-Wide, Phase I with Nodak Contracting in the amount of $10,246.08.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 4225.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.1, paving South Washington Street from Hammerling to 26th Avenue South, Change Order No. 12, and recommended to approve Change Order No. 12, Project No. 4225.1 with Strata Corporation in the amount of $4,753.90.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 4225.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.2, paving South Washington Street from 32nd to 40th Avenues South, Change Order No. 6, and recommended to approve Change Order No. 6, Project No. 4225.2 with Strata Corporation in the amount of $770.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 4655.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4655.1, paving South Washington Street from 26th to 34th Avenues South, Change Order No. 6, and recommended to approve Change Order No. 6, Project No. 4655.1 with Strata Corporation in the amount of $1,437.27.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 4655.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4655.1, paving South Washington Street from 26th to 34th Avenues South, Change Order No. 7, and recommended to approve Change Order No. 7, Project No. 4655.1 with Strata Corporation in the amount of $1,000.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR SIDEWALK PROJECT
NO. 5149

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5149, sidewalks in Congressional Subdivision, Change Order No. 1, and recommended to approve Change Order No. 1, Project No. 5149, with Opp Construction in the amount of $14,995.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5042,
7 MG RESERVOIR MODIFICATIONS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5042, 7 million gallon reservoir modifications, Change Order No. 2, and recommended to approve Change Order No. 2, Project No. 5042, with Moorhead Construction Co., Inc. in the amount of $16,943.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4371, WASTEWATER
TREATMENT PLANT, PRECAST CONCRETE

Committee No. 3, Public Service, reported having considered the matter of bids for Wastewater Treatment Plant, Bid Package #5, Precast Concrete, City Project No. 4371, and recommended to accept the low bid of I.C.S., Inc. in the amount of $983,300.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE AMENDMENT NO. 8 TO ENGINEERING SERVICES
AGREEMENT, PROJECTS 4815 AND 4816.1

Committee No. 3, Public Service, reported having considered the matter of engineering agreement, Amendment No. 8, Greater Forks Engineering Group, Sanitary Sewer Modifications and Water System Modifications, City Projects Nos. 4815 and 4816.1, and recommended to approve Amendment No. 8 to the engineering services agreement in an hourly not to exceed amount of $37,893.96.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

APPROVE AMENDMENT NO. 2 TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 5042

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2 to engineering services, Project No. 5042, 7 million gallon reservoir improvements, and recommended to approve Amendment No. 2 in the amount of $6,000.00.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman declared the motion carried.

COUNCIL MEMBER MARTINSON EXCUSED

APPROVE CHANGE ORDER, PROJECT NO. 5086, BALING
FACILITY STRUCTURE

Committee No. 3, Public Service, reported having considered the matter of contract change order No. 4, Samson Electric, Baling Facility Structure, City Project No. 5086, and recommended to approve Change Order No. 4, Samson Electric, in the amount of $11,978.33.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Babinchak, Bakken, Kreun - 12; voting “nay”: none. President Gershman declared the motion carried.

TABLE MATTER OF RESTRUCTURING STANDING
COMMITTEES AND MEETINGS

COUNCIL MEMBER MARTINSON REPORTED BACK

Committee No. 3, Public Service, reported having considered the matter of restructuring standing committees and meetings, and recommended that the council not adopt the committee of the whole structure, that the council retain four statutory committees, that the committees meet on Monday and Tuesday evenings of the second week following the council meeting or in the fourth or fifth week.

Committee No. 1, Finance, reported having considered the matter and to receive and file and to keep working on it.

Committee No. 4, Urban Development, reported having considered the matter and to receive and file and keep working on this issue.

Committee No. 2, Public Safety, reported having considered the matter and recommended the consensus here is that we need to move a little slower, need to give the department heads the authority to act, need to decide what we are not going to act on and we need to decide if we are going to micromanage or not, to decide what we are not going to look at on each committee’s agenda first and that the department heads and staff have the input on those items, too; that we should look at combining the committees after we have shortened the agendas - eventually will get to where we want to go, but will have to look at our structure with fewer department heads over bigger areas and with more responsibility - a lot of things need to be looked at before jumping into something we can’t manage.

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

President Gershman stated he has some concerns about time table and structure and that in talking with Mayor Brown they though the best recommendation would be to table that until Mr. Warne comes to work with committees and departments and to come up with a plan that would be satisfactory.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak to table this issue until a later date. Carried 13 votes affirmative

CONSOLIDATE DISPOSITION OF FLOOD ACQUIRED
PROPERTY TO URBAN DEVELOPMENT

Committee No. 4, Urban Development, reported having considered the matter of centralized property disposition department, and recommended to consolidate the disposition of flood acquired property to Urban Development with the consolidation to be done by October 1.

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

CONSIDER CENTRALIZED BUILDINGS AND GROUNDS
DEPARTMENT FOR MAINTENANCE OF CITY-OWNED LOTS

Committee No. 4, Urban Development, reported having considered the matter of centralized buildings and grounds department for maintenance of City-owned lots, and recommended to direct staff to notify all the departments and ask for a list of all the property they do maintain, whether through contract or employees, and ask the departments to submit a list of the equipment they have in their possession to do that maintenance and that this information be forwarded to the administrative coordinator.

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

APPROVE REQUEST FROM VALLEY MEMORIAL
HOMES TO EXTEND LOAN

The Flood Protection Committee reported having considered the matter of Valley Memorial Homes - Almonte, and recommended to authorize the purchase of Valley Memorial and that we encourage the COE to accept valuation of the facility as a skilled nursing facility for flood protection purposes.

Committee No. 4, Urban Development, reported having considered the matter of request from Valley Memorial Homes, and recommended to extend the $250,000 loan to Valley Memorial Homes to December 31, 2000 or upon closing of the Almonte facility buyout, whichever comes first and review it then.

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

Pastor Wayne Stark stated that Mr. Christensen has stated the business that’s before the council tonight; the other issue where he mailed a packet of information has to do with an item that was tabled from the Flood Protection Committee, it was tabled until tonight’s meeting, that they met with Urban Development and that come into the discussion in regard to the $250,000 interest free loan, for which they have asked for either an extension or a grant and at that time it was decided that 1) this should come back to the September 5 meeting and also that the Urban Development Committee would discuss the issue that’s addressed in the packet.

Upon call for the question and upon voice vote the motion carried 13 votes affirmative.

REFER REQUEST TO REOPEN THE RELOCATION
VOUCHER PROGRAM BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of request to reopen the relocation voucher program, and recommended to reopen the voucher program for the five people and to modify the bid on 3141 Olson Drive to be sold without a solarium and give Mr. Stukel until August 13 to enter into an agreement to purchase the solarium at a price to be negotiated with staff and that any open doorways from the home to the solarium must have a permanent closure.

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

Council Member Babinchak questioned the liability of the City in reopening the program, that the Phase IV Program was a voluntary program, people opted to sell their houses to the City under the terms of the original program and the relocation voucher program had been extended two different times, had been given extensions to different people at various times due to circumstances and were granted by this council, the Program has been closed, the City purchased houses under Phase IV and other programs and some people after the deadline were not afforded the $10,000 voucher, and questioned whether they were talking about 5 people or more. She stated that the City purchased 800 homes, there were 371 vouchers that were redeemed and a total of $4.206 million approximately paid out in relocation vouchers and if subtract the 371 from the 800, leaves 429 vouchers possibly and if a number of those people came back for the voucher payment, and thinks could be creating a problem if grant the reopening of the voucher program. She stated that when the program was extended to December 31, 1998 everybody was issued a letter stating when the program would end. She stated that the purpose of Phase IV was to buy out people that were relocating from Grand Forks and could not sell their house because it was in the line of the dike, other individuals opted because their house would be in the line of the dike and sell their house now and most are renting their houses back that the City purchased at a reasonable rate, that the program has closed and believes liability could be much greater than 5 people.

Council Member Christensen stated they were advised that there may be 5 unexpired vouchers, that there was a program that was closed and if only 5 unexpired vouchers, $50,000 and have $2.3 or $2.8 million of unexpended monies in the matrix for administration which can be moved around, and that we should honor those 5 vouchers if that’s the only exposure to the City.

Ms. Lana Rakow, 3141 Olson Drive, stated they are living at 3141 Olson Drive and are in the process of purchasing another house, that the Phase IV Buyout Program had a much longer time frame, that they approached the City of Grand Forks in September, 1998 to sell their home and they did not complete the purchase until late January of 1999, and were told that the voucher they were given would expire the end of April, 1999 and had short window in which to use that voucher, other people in other phases or had sold in Phase IV at a much earlier date, received a much longer period of time to use their voucher; that they came in at the end of the process and were given a very short time frame, they went to the Urban Development Committee the end of April of last year, stating they were having a difficult time doing this and were looking at a house but did not have a purchase agreement and requested an extension, that they are not asking the City to reopen this Program but asking a follow-up to the extension they were given, the end of April, 1999 the minutes of the Urban Development Committee actually stated that they were under negotiations to purchase the home and hadn’t entered into a purchase agreement and requested an extension to August 30, that they didn’t actually put in a date that is in the minutes, that Polovitz made a motion to hold in committee until Rakow Stukel have a purchase agreement, Beyer seconded; that Ms. Rakow asked for clarification on when they would need to come back with the purchase agreement and Mr. Glassheim said in a month or two, as we know they are trying to find a home but as we get closer to August we may be come less inclined to approve, and motion carried. Ms. Rakow stated that there was an open-ended nature to that though Mr. Glassheim was not intending it to be open-ended. She stated that they sold their home to the City and have received nothing from the City to move, that they do not qualify for an SBA loan, they have received nothing to give up their home and to move; that they did not lose their home to the flood, had flood insurance and repaired their home but sold their home to the City to make way for the dike, that the dike line in their neighborhood was not finalized, and maybe still not finalized, but the line from the Corps of Engineers did not come until February of this year, and had hopes that they might save their home. She stated there have been various time frames and extensions given to the voucher program and extensions given even after theirs was extended, and that the voucher program or the five-years that one is given to use the $10,000 can be moved to another home if you sell your home and relocate in Grand Forks that voucher money can be taken with you; and asked that they would consider continuing with this extension and allowing them the voucher.

Council Member Burke questioned if opening up some liability that could be substantial; Terry Hanson, Urban Development Office, stated that the City purchased approx. 800 homes, not all of those purchases had a voucher attached to them, that was given a deadline of December 31, 1998 to sell your home to the City and receive a voucher, not sure of the number of houses that were purchased since then but concerned that they may come back and request opening voucher program; but what concerns him more is the number of vouchers that they have out that were never redeemed, and the City redeemed 371 but might have issued 500 or 600 vouchers.

Council Members Lunak and Christensen asked that this matter be referred back to committee.

Council Member Burke moved to amend the motion to provide the voucher to the single situation and not make any references to any other outstanding vouchers, and if need to discuss the issue further to do that, but to deal only with this voucher.

Council Member Christensen withdrew his second. Council Member Bjerke seconded the motion. Carried 13 votes affirmative.

RECESS FOR 5-MINUTES

President Gershman called for a 5-minute recess. The meeting reconvened at 9:45 p.m. with all members present except Council Members Martinson and Lunak.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE LOT K, BLOCK 2, TOLLESON’S SUBDIVISION
NO. 1 WITHIN THE B-3 (GENERAL BUSINESS) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Bill Lee on behalf of Community National Bank for preliminary approval of an ordinance to amend the Zoning Map and to exclude from the B-1 (Limited Business) District and include within the B-3 (General Business) District Lot K, Block 2, Tolleson’s Subdivision No. 1 (1616 South Washington Street), Community National Bank, and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for September 18, 2000.

It was moved by Council Member Christensen and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Bakken introduced an ordinance entitled “An ordinance to amend the Zoning Map of the City of Grand Forks, North Dakota, to rezone and exclude from the B-1 (Limited Business) District and include within the B-3 (General Business) District, Lot K, Block 2, Tolleson’s Subdivision No. 1 to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND THE STREET AND
HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF PERKINS SIXTH
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Development Homes, Inc. for preliminary approval of the plat of Perkins 6th Resubdivision (located in the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (3800 of South Columbia Road), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for September 18, 2000.

It was moved by Council Member Christensen and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Bakken introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Perkins Sixth Resubdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND THE ZONING MAP
TO INCLUDE ALL THAT PORTION OF LOT 3, BLOCK 1,
DEMERS FIFTH RESUBDIVISION WITHIN THE B-3 (GENERAL
BUSINESS) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Keith Danks, Jr. for preliminary approval of an ordinance to amend the Zoning Map to exclude from the I-1 (Light Industrial) District and to include within the B-3 (General Business) District, all that portion of Lot 3, Block 1, DeMers Fifth Resubdivision to the city of Grand Forks, North Dakota, more specifically described as the westerly 100 feet of the easterly 240 feet of said Lot 3 (located on the north side of DeMers Avenue and South 20th Street intersection), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for September 18, 2000.

It was moved by Council Member Christensen and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Bakken introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the I-1 (Light Industrial) District and include within the B-3 (General Business) District, all that portion of Lot 3, Block 1, DeMers Fifth Resubdivision, more specifically described as the westerly 100 feet of the easterly 240 feet of said Lot 3 to the City of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND LAND DEVELOPMENT
CODE TO ENANCT A NEW SECTION RELATAING TO
WIRELESS COMMUNICATION ANTENNAS AND TOWERS

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks city Code of 1987, as amended, amending Section 18-0204(2) Definitions related to Wireless Communication facilities, amending Section 18-0206 A-1 (Limited Development) District, amending Section 18-0208 R-1 (Single Family Residence) District, amending Section 18-0209 R-2 (One and Two Family Residence) District, Section 18-0210 R-3 (Multiple Family residence - Medium Density) District, Section 18-0211 R-4 (Multiple Family residence, High Density) District, Section 18-0212 R-5 (Mobile Home Residence) District, Section 18-0213 R-M (Manufactured Home Residence) District, Section 18-0214 B-1 (Limited Business) District, Section 18-0215 B-2 (Shopping Center) District, Section 18-0216 B-3 (General Business) District, Section 18-0217 B-4 (Central Business) District, Section 18-0218 I-1 (Light Industrial) District, Section 18-0221 U-D (University) District, Section 18-0303 Height, Section 18-0310.1 Wireless Communication Towers and Antennas, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for September 18, 2000.

It was moved by Council Member Christensen and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Bakken introduced an ordinance entitled “An ordinance amending specific sections of Chapter XVIII of the Grand Forks City Code and enacting a new section relating to wireless communication antennas and towers”, which was presented, read and passed on its first reading.

COUNCIL MEMBER MARTINSON REPORTED BACK

APPROVE CONDITIONAL USE PERMIT FOR INSTALLATION
OF MONOPOLE COMMUNICATIONS TOWER AND EQUIP-
MENT SHELTER

The Planning and Zoning Commission reported having considered the matter of the request from Greg Hoovestol on behalf of Western Wireless for approval of a conditional use permit for the installation of monopole communications tower and equipment shelter as provided for in Section 18-0206 (3)(B) of the Land Development Code (located in SE Quarter of Section 18, T151N, R50W of the 5th Principal Meridian), and recommended approval of the conditional use permit subject to requirements set by the board of Adjustments and staff.

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

Greg Hoovestol, representing Western Wireless, stated they only have plans to fence the area, and stated that the area they are looking at has a number of trees growing around it right now and would be barely visible from the road.

Brad Norden, 119 North 16th Street, stated that they don’t rent enough property to improve it, only enough to put the tower in and building and encourage landowners to continue using property in its existing use (which is a tree farm).

Mr. Hoovestol reported they had discussed this with Nodak, that their tower is not tall enough nor heavy enough to put what they would like to on it, that he talked with them about possibly leasing some property from them to put up another tower, but whether they would put one on their property or on the property they are looking at.

Council Member Christensen questioned whether they were to be afforded a conditional use permit, that it’s a 5-year conditional use permit, but when discussed it was 30 years. Mr. Hoovestol stated they were talking about running the conditional use permit concurrent with the lease arrangement that they have and that is a five-year term renewable for five terms after the original term, which would be a total of 30 years. Mr. Hoovestol stated that their tower will be identical to the Nodak tower with the exception that it will probably be 30 feet higher and instead of the panels would have whip antennas, otherwise identical to the Nodak structure. Council Member Christensen stated he was concerned that they were told by the city planner this was a 5-year conditional permit, and if were to grant this permit for 5 years and it came up in 5 years, and City stated no, they don’t want tower and how would this impact their decision to build the tower with only 5 years. Mr. Hoovestol stated that would impact them and they probably wouldn’t build it, that the foundation for the tower goes down 30 to 40 ft. and would be 7 feet in diameter and massive structure under there and the whole site would run them around $250,000 and to build that knowing they may have to tear it out in five years is not cost effective.

COUNCIL MEMBER LUNAK REPORTED BACK
Dave Broxmeyer, Planning Office, reported that at the Planning Commission meeting there was a motion to limit the conditional use permit for 5 years, and failed due to a lack of a second, and later in the minutes it was noted that the term would be for 30 years and month to month thereafter.

After further discussion it was moved by Council Member Glassheim to amend the condition of the lease to 30 years; seconded by Council Member Hoff.

Mr. Swanson, city attorney, stated that as far as whether our Code allows a conditional use permit for 30 years for this type of a use, there is no limitation, and that he can’t recall that they’ve ever given a conditional use permit for a period that long, but would be within their discretion to do so.

Mel Pederson, 2423 University Avenue, stated that there has been concern about cell phones related to cancer in the brain, and what kind of contingencies are put on their medical related circumstances and maybe have some way out.

Mr. Hoovestol stated they are in the process of building a 150 ft. monopole similar to this in the back lot of ND Concrete Products now and wonders if confusion didn’t come there, this has always been a 180 ft. tower.

Mrs. Georgia Heitmann, 91 Grassy Hills Lane, stated that she and her husband own the property in discussion, and when she heard the discussion at the previous meeting about the length of time, she called Mr. Christensen the next day because she knew that was not discussed properly, that it was always 180 ft., that the tower is similar to Nodak’s but is taller and also fits in if you look at it very well with the street light and highway lights at that intersection, and is in a corner of their property that has been deemed useless, that they will be getting rent from it, which is an advantage to them because they have been brought into the city, much to their dismay, and still have about 8 or 10 years of inventory on that property, this is a way to off-set some of the taxation they will incur, and area will be landscaped.

Mr. Hoovestol stated that space will be available should anyone need it.

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

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

DENY REQUEST FOR CONDITIONAL USE PERMIT FOR
INSTALLATION OF MONOPOLE COMMUNICATIONS TOWER
AND EQUIPMENT SHELTER AS PROVIDED IN SECTION
18-0207(3)(a)

The Planning and Zoning Commission reported having considered the matter of the request from Greg Hoovestol on behalf of Western Wireless for approval of a conditional use permit for the installation of monopole communications tower and equipment shelter, as provided for in Section 18-0207(3)(A) of the Land Development code (located in the SE Quarter of Section 18, T151N, R50W of the 5th Principal Meridian), and recommended denial of the request.

It was moved by Council Member Christensen and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
MATTER OF DAR AUDIT

The Bus Committee reported having considered the motion to receive the DAR audit and to approve and file. Roger Foster, Public Transportation Department, reported that no action was required on this matter. He reported there was an audit conducted for the Dial-a-Ride for both Grand Forks Taxi and Nodak, and there were no findings that needed to be brought to the council, those findings by the auditor are going to be provided to the study group for the next Transportation meeting. Information only.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: CDBG Estimate Summary, $3,534,778.53; Flood Estimate Summary, $1,131,866.13; and Regular Estimate Summary, $6,040,882.99; totaling $10,707,537.65.

It was moved by Council Member Babinchak and seconded by Council Member Kreun 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 the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. President Gershman 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 recommended acceptance by the council: Project No. 4719, Sanitary Sewer, Area 2, Restoration; Paving Project No. 4823, District No. 558; Project No. 4893, Lift Station #27, Replacement, Electrical; Project No. 4893, Lift Station 327, Replacement, Mechanical; Project No. 5028.2, Flood Mitigation, Phase III; Project No. 5059, Overlay Senior Citizen Parking Lot; Project No. 4752, Upgrade Lift Station #9 and #11; Street Lighting Project No. 5006, District No. 127; Street Lighting Project No. 5007, District No. 128; Street Lighting Project No. 5011, District No. 131; Watermain Replacement Project No. 5138.1; and Watermain Replacement Project No. 5138.2.

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

REFER VARIOUS ITEMS TO COMMITTEE

1) Henry Valdur, 1513 University Avenue, presented several issues - first issue was trying to bring forth information on establishing Human Rights Commission in Grand Forks in regards to the failure of the City to meet standards of ADA; and stated that the law on service animals - that this is a very important issue for the City and went through the ADA procedures. He stated that Mr. Swanson said that his dog was not a service dog, that it doesn’t meet qualifications of a service dog according to the ADA, because he does not have a life threatening disability, and respectfully says that he does not agree. He stated the second part of his request, which is the procedures for the grievance committee, and read portions of the penalty for interfering or denying the administration to or enjoyment of the public faculties, 13-02 interfering with the rights of total or partially disabled person, that he is only asking for the laws of the State of North Dakota to apply to him; and if the complaint cannot be resolved to the satisfaction of the complainant by the ADA coordinator it will be forwarded to the ADA Compliance Committee composed of representatives from disability committees, non-profit sectors, etc. and the above committee will be appointed by the mayor of Grand Forks and approved by the city council, and that he asked that they appoint a committee. He stated that another item of concern to him is the comprehensive plan for evacuation of people with disabilities when an emergency arises (tornado, chemical warfare, etc.), that they need a phone number such as REM had during the flood. Council Member Brooks asked that this matter be referred to the finance committee for the first meeting in September.

Mr. Valdur asked if the citizens could present their items to the city council prior to the regular agenda items so they wouldn’t have to wait to speak.

Council Member Hoff suggested that if they have more people speaking out at council meetings, it might be beneficial to have a “blue sky” meeting where council and public could come and speak to the council, and perhaps do this once a month as an idea and not a referral.

2) Jim Sturger, 2211 13th Avenue North, Apt. 104, suggested that they retain “smiley” water tower as historic structure - and put smiley face on the new tower. Council Member Kreun reported this matter has been discussed in committee and will take some considerations and that is on the agenda.
3) Council Member Brooks presented reminder of public hearing re. item with FEMA and remapping, and impact of flood insurance and remapping of our flood zone to the city.
4) Council Member Bjerke asked that the Mayor’s Office look into how the city staff takes their lunch breaks, that some offices are closed, and would like policy looked at and to bring back to finance committee.
5) Council Member Bjerke asked for status report re. allocating of money to businesses, that if loans are current, that conditions of grants being met, etc.
6) Council Member Hoff presented the following items: 1) malathion issue - referred to public safety committee; 2) animal fees at the Humane Society, referred to the finance committee; 3) matter of railroad bridge, referred to the public service committee, and attempt to set up internet site to market our antique bridge; 4) to finance committee, re. sale of naming rights for the former Aurora Center, now Alerus, basically an inquiry and then possibly a further process, if there is the possibility to raise this; 5) to finance committee, lucrative new financing sources by imposing fines on entities that improperly dispose of hazardous materials; 6) to finance committee - involving parking tickets and if ticket should be issued if there are empty spaces available.
7) Council Member Burke presented letter from John Snustad, chairman of the Grand Cities Committee, requesting placing the Grand Forks branding logo on the new water tower downtown; referred to the public service (August 28 meeting).
8) Council Member Burke asked that Human Resources develop a list of the number of people that might actually fall under the exempt category (for overtime).
9) Council Member Burke stated that when they discussed the Almonte issue that it go back to Urban Development Committee to hear details of the proposed buyout.
10) Council Member Glassheim stated he has heard that some council people are pressuring employees for certain things and remind or caution that the council is the policy making branch, and the employees work for Mayor Brown and keep that in mind, that we are not the bosses of employees per se and use a lighter hand.
11) Council Member Glassheim presented the matter of condition of the Sally Thompson house on Fenton Avenue and status of plans for disposing of the house, referred to Urban Development Committee.
12) Council Member Christensen presented the matter of bus service to and from the University and downtown on Friday, Saturday and Sunday. It was noted that they do have a night bus service.
13) A request was that that as they look at reducing the number of committees inside the council , that they need to consider the number of departments, consolidation of departments with input from staff.
14) Council Member Bakken stated that they need to look at utilization of city equipment, some equipment not being utilized all the time and share among departments.
14) The city auditor reminded the council of the committee of the whole meeting on August 24 at 5:30 p.m. to review the mayor’s presentation of the 2001 budget, and that this is a public meeting.

ADJOURN

It was moved by Council Member Martinson and seconded by Council Member Brooks that we do now adjourn until Monday, August 21, 2000 at 7:30 o’clock p.m. Carried 13 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_____________________________
Harold A. Gershman, President
of the City Council