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17221
September 18, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 18, 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, September 18, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; absent: None.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter and reminded audience that this meeting is televised.

FLOOD REPORT

Ken Vein, city engineer, reported there had been some concern raised regarding information being disseminated on construction sequencing for the flood protection project, and included in packets a memo which clarified to some degree what has happened to date; that they have identified a number of those ways in which they've tried to get the information out and make it available; that come out in March of 2000 and there were some meetings scheduled with the council and general public and was published in the Grand Forks Herald, our city newsletter and on the web site and if there is anything additional that they need to do, they will attempt to do that. He stated they have worked with the Corps on the construction sequencing with the English Coulee Diversion modifications and because of the working relationship with them and the FEMA representatives were able to take the English Coulee area out of the potential remapping that they are looking at. He stated they are looking at greenway access and some of the pump station equipment where will have to look at sole sourcing to allow them to have pumps and controls that are compatible with the systems that we have and make them uniform. He stated to help facilitate this process we are going to be setting up in October some partnering sessions and will have various members of the council from both cities, staff and Corps meeting and would like to get as much involvement as they can so they can work at making sure that relationship between the two cities and the Corps remains strong.

Council Member Lunak asked if they had any additional information about the demolition of the walkway bridge. Charles Grotte, asst., city engineer, reported that the last information they received is that the contractor is still in the process of preparing various plans, a safety plan, an environmental plan and work plan that need to be approved by the Corps of Engineers prior to start of demolition,, and not completed to the Corps’ satisfaction. Council Member Lunak asked that they be kept up to date on that issue.

APPROVE MINUTES AUGUST 21, 2000

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, August 21, 2000 were presented and read. Council Member Bjerke noted that on page 6 the vote of the council should be 11 voting “aye” and 2 voting “nay” rather than 13 and 2; and on page 9 under the matter of easements for water transmission line, Project No. 4648.2, the motion was listed without a vote. It was moved by Council Member Bjerke and seconded by Council Member Martinson to approve the minutes as corrected. Carried 14 votes affirmative.


SUSPEND AGENDA TO CONSIDER THE MATTER OF
SENIOR CITIZENS BUSING

Council Member Brooks moved to suspend the agenda and consider the matter of senior citizens busing; Council Member Babinchak seconded the motion. Carried 14 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of Senior Citizens busing, and recommended to allocate $29,071 from excess sales tax to assist in public transportation including the senior citizen bus and leave the $58,071 from excess sales tax in 2001 budget designated through the public transportation system and work toward a complete system but not lose any opportunity for providing the necessary transportation for senior citizens.

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

Council Member Bjerke moved to limit debate to 15 minutes, Council Member Brooks seconded the motion. Carried 13 votes affirmative; Council Member Hoff voted against the motion.

Council Member Babinchak moved to divide the question, Council Member Kreun seconded the motion. Carried 13 votes affirmative; Council Member Hoff voted against the motion.

It was noted that question is divided as follows: first portion would be to allocate the $29,071 from excess sales tax to assist in public transportation including the Senior Citizen bus for the year 2000; and second question would be to allocate $58,071 from excess sales tax in 2001 budget designated through the public transportation system and work toward a complete system but not lose any opportunity for providing the necessary transportation for senior citizens.

Upon call for the question on the first part of the motion and upon roll call vote, the following voted “aye”: Council Members Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Martinson - 9; voting “nay”: Council Members Bjerke, Burke, Babinchak, Bakken, Brooks - 5. Mayor Brown declared the motion carried.

Mayor Brown asked for discussion on the second part of the question.

Alice Hoffart, 2120 9th Avenue North, president of Board of Directors, stated that the senior citizens of this community as well as all citizens are known for their fierce independence and that’s what this issue is about - it’s a public transit issue and also an issue of maintaining a level of independence and these are citizens that are being represented here tonight - not a possibility for some of these senior citizens to stand on a street corner waiting for bus system and would be a major barrier to the level of independence and amount of pride that these citizens have and their ability to be able to get things done, to get to the doctor, get their shopping done, buy groceries - basic human needs, and that’s what this issue is. She stated they will respond to questions and have provided financial information. She stated by limiting debate they have limited time in which to make known who they are representing and why they feel so strongly and thanked those who have spent the amount of time they have, and for those who have supported them and continue to support them

Storme Stennes stated that the Senior Citizens is a private non-profit organization and when she looks at
the association, it’s two components: 1) where they do Title 3 services which are under the Older Americans Act, and that includes meals and services, home delivered meals, outreach, health care, etc. and that there’s a part under the association where they provide recreational opportunities and membership is a part of that component. She stated that on their July year to date, the total revenue is $473,758.00 and total expenditures to date is $443,378.00. Ms. Hoffart stated they didn’t have a clear financial picture, and in the last few months have hired out all the accounting services as they were having difficulty with appropriate financial statements in-house, and that was the initial delay in providing financial reports. Ms. Stennes stated that the Association in the past raised quite a bit of money prior to the flood, that since the flood people haven’t had the money to spend as previously and haven’t had the money to give at level prior to the flood.

Council Member Gershman stated that he would like to see this issue go to the Bus Committee and/or the Public Transportation Department and by a date certain (the last meeting in November) to come back with a recommendation as to what we should do, and if the numbers of the Senior Center shows that they have enough profits to run the bus then the recommendation would be that we don’t expend any money, and that he would like to see this motion pass the expending of that money is contingent upon a plan, and have to have a date certain so that people know that we want some resolution to this issue. Council Member Christensen seconded the motion.

Council Member Hoff asked when a quorum of the council is gathered and the gavel is drawn, if there was any provision in Municipal Code or Home Rule Charter that every citizen wishing to speak on an item before the council shall speak, is the motion to limit debate limit the opportunity for these people to be persuasive until their side and is that consistent with Municipal Code or Home Rule Charter. Mr. Swanson stated that under the City Code Grand Forks there is no provision for public participation unless it is in the form of a public hearing or unless recognized by the chair, a motion to limit debate will supercede any action even by the chair.

Mayor Brown stated that the 15 minutes for debate was over.

Council Member Glassheim moved that we extend debate for 20 minutes; Council Member Lunak seconded the motion. Upon voice vote the motion carried.

Council Member Christensen stated that he didn’t think November 15 was adequate time to get this matter handled, that last resolution was sufficient to give the seniors sufficient revenue to meet their transportation needs for the balance of this year, and also have in the budget for next year around $60,000 and that is going to be administered by the Public Transportation Department, that this is an issue that requires some study and that we should get an informed report from our consultant, that there’s more than enough data on this issue to develop an accurate projection of the revenues and expenses to deliver the transportation that these people are seeking, and should ask for a comprehensive report from the Transportation Department of this city by February 28, and suggested giving us a full report within the first quarter of 2001 so we can make an informed decision with all the information to see what level of service we should provide all the citizens of this community, including our seniors.

Jack Friesch, 1335 South 18th Street, asked the council to help the senior citizens.

Council Member Brooks stated that this system was developed by the Senior Citizens Association Board and the budget they put forward they need over half of the budget to come from the City to run this system, that the city departments cut down on their budgets this year, that what we’ve heard is that they want $58,000 for the year 2000 and $58,000 for the year 2001, and asked whether we treat them any differently than we treat our departments, that this issue should be put to the Public Transportation Department to come up with something, but if put money out to another organization without controls, cannot put citizens tax dollars out to another organization, that we need to provide some services but need to use our experts to do it.

Council Member Bakken stated that the Parsons report stated there is not a good way for public transportation system do what senior citizens has been having done for them, doesn’t fit into public transportation guidelines, this is a unique service that they do and not a good way to incorporate it into our system, and would be a tremendous cost if they found a way to do it. He stated that our current public transportation system monetarily is borderline already and won’t have extra funds and may cut back some of our routes the way it is, fuel costs are high and dial-a-ride costs escalating for the next five years according to reports they have received. He stated we still have a budget for next year without cutting costs to take care of what spending this year, spending money we don’t have and considering more money we don’t have unless we find a way to pay through taxes or through fares, etc.

Council Member Gershman stated his amendment was to have a report by the last meeting of November or a date certain, which amendment was seconded by Council Member Christensen.

Council Member Christensen withdrew his second to the motion. Council Member Lunak seconded the motion.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Hoff, Gershman, Lunak - 3; voting “nay”: Council Members Hamerlik, Burke, Glassheim, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson, Brooks, Bjerke - 11. Mayor Brown declared that the motion failed.

Council Member Glassheim moved to amend the motion on the floor, that we amend the second part of the question by substituting the following language, “..that we instruct the bus department to present plans by February 28 for the best use of the $58,071 to provide senior citizens with bus service comparable to what they now have. Council Member Martinson seconded the motion.

Council Member Christensen stated he would support the motion if the motion would include that the money has to be monitored and run through the public transportation department for the city of Grand Forks. The mover and second agreed to include the language.

Council Member Kreun stated it’s not a change at all, that you have to incorporate it and it has to go through the transportation system and they have to set up the transportation consistent with the state and federal laws, that if they want a different system they also have to continue the system at this time to create the extra service that they have, that we have a dial-a-ride system now that does all the things that it’s supposed to do and if they want extra service, then they have to go through the extra program that is subsidized by Title III money and that can give those people the ones that fall through the cracks can take that particular service and utilize it that way; this is not a change in the motion at all.

Mayor Brown stated that the debate time is up, and upon call for the question on the amendment and upon voice vote, the motion was defeated.

Upon call for the question on the second part of the original motion and upon roll call the following voted “aye”: Council Members Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Martinson, Hoff - 10; voting “nay”: Council Members Babinchak, Bakken, Brooks, Bjerke - 4. Mayor Brown declared the motion carried.

ADOPT ORDINANCE NO. 3856, AMENDING LAND
DEVELOPMENT CODE DEFINING EVENT CENTER
ATTRACTION SIGNS AND SPONSORSHIP ADVERTISING.

An ordinance entitled “An ordinance amending Sections 18-10204 and 18-0301 relating to signs in a PUD District”, which had been introduced and passed on its first reading on July 17, 2000, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown 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.

COUNCIL MEMBERS LUNAK, HAMERLIK AND MARTINSON
EXCUSED

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 final approval and passage of the ordinance (which was an amended ordinance and attached to the report) amending the Land Development Code.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved, and that the ordinance be amended. Carried 10 votes affirmative, Council Member Bjerke voted against the motion..

Upon call for the question on adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Hoff, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 10; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO 3857, AMENDING ZONING MAP
TO INCLUDE WITHIN DANKS PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMEND-
MENT NO. 1, ALL OF DANKS ADDITION AND DANKS 2ND
RESUBDIVISION

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 continued until this evening, was presented and read for consideration on second reading and final passage.

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

The Planning and Zoning Commission reported having considered the matter of the request from the 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, 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-2 right of way, and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative, Council Member Bjerke voted against the motion.

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Hoff, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 10; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the ordinance adopted.

COUNCIL MEMBER BURKE EXCUSED

ADOPT ORDINANCE NO. 3858, AMENDING ZONING MAP
TO INCLUDE WITHIN UNIVERSITY VILLAGE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT 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 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 had been introduced and passed on its first reading on July 17, 2000, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

COUNCIL MEMBER HAMERLIK REPORTED BACK

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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

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

Dennis Potter, city planner, reported that at the Planning Commission meeting there was discussion about the possible impact on traffic for the display board that the Engelstad Arena is intending to place adjacent to U.S. Highway 2, that when the sub-committee reviewed this a request was made to the sponsors of the sign that was going to be built next to U.S.Highway 2 to provide the full Planning Commission with information about impacts that might occur to traffic with a reader board sign along side U.S. 2, the sponsors did provide that information and the issue was debated on the floor of the Planning and Zoning Commission, and the sub-committee asked to have the matter tabled for further information, which failed, and on final passage to approve this amendment to the University PUD, was approved.

Carried 9 votes affirmative, Council Members Bjerke and Babinchak voted against the motion.

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 9; voting “nay”: Council Members Bjerke, Babinchak - 2. Mayor Brown declared the ordinance adopted.

COUNCIL MEMBERS MARTINSON AND BURKE
REPORTED BACK

ADOPT ORDINANCE NO. 3859, AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOT K, BLOCK 2, TOLLESON’S SUBDIVISION NO. 1

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 had been introduced and passed on its first reading on August 7, 2000, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from 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, (located at 1616 South Washington Street, Community National Bank), and recommended final approval and passage of the ordinance amending the zoning map.

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

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the ordinance adopted.

COUNCIL MEMBER LUNAK REPORTED BACK

ADOPT ORDINANCE NO. 3860, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF PERKINS SIXTH RESUBDIVISION

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 had been introduced and passed on its first reading on August 7, 2000, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from 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 from the 5th Principal Meridian, 3800 block of South Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3861, AMENDING ZONING MAP
TO INCLUDE WITHIN B-3 DISTRICT ALL THAT PORTION
OF LOT 3, BLOCK 1, DEMERS FIFTH RESUBDIVISION
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-2 (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 had been introduced and passed on its first reading on August 7, 2000, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from 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 final approval and passage of he ordinance amending the zoning map.

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

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND TABLE SECOND
READING OF ORDINANCE RELATING TO WIRELESS
COMMUNICATION ANTENNAS AND TOWERS TO
OCTOBER 16, 2000

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 had been introduced and passed on its first reading on August 7, 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; and further that the Planning and Zoning Commission did table this request until their October 4 meeting, and would look for a motion to continue the public hearing and second reading of the ordinance.

It was moved by Council Member Babinchak and seconded by Council Member Gershman to continue the public hearing and second reading of the ordinance until October 16. Carried 14 votes affirmative.

APPROVE APPOINMENT OF POLLICING PLACES
FOR GENERAL ELECTION, NOVEMBER 7, 2000

The city auditor presented a listing of polling places by ward and precinct for the 2000 general election to be held on Tuesday, November 7, 2000: Document No. 8038 - Listing.

It was moved by Council Member Klave and seconded by Council Member Martinson that the listing of polling places be approved. Carried 14 votes affirmative.

ADOPT FINAL BUDGET FOR THE CITY OF GRAND
FORKS FOR 2001 AND ANNUAL TAX LEVY

The city auditor reported that a notice calling for the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota for the year ending December 31, 2001 would be presented to the city council on Monday, September 18, 2000 at 7:30 o’clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2001.

Mayor Brown asked for comments from the audience, there were no comments and the public hearing was closed.

Mayor Brown asked for comments from the city council.

The city auditor reported that they have included in this budget $58,071.00 using excess sales tax for senior citizens busing going through the Transportation Department.

Council Member Burke stated that a question had been raised as to the matter of the mills for the bus system, and asked if that question had been researched. Mr. Swanson, city attorney, reported that he had discussed this with the State Tax Commissioner’s Office, the current mill levy which he believes is 4.68 mills for public transportation appears to be in excess of what is allowed under the 1975 vote as well as any, what he has generally referred to as a cost of living allocation for the mill; notwithstanding that if you choose to fund it, you have some choices: can fund that through sales tax carryover or are under your total mill cap for Home Rule Charters which would also allow you to authorize that if you choose to, but as a specific answer to the question, it does appear as though you are in excess of that cost of living increase. In answer to a question if we are not allowed to go over that, Mr. Swanson stated he has some concern in light of the 1975 ballot language which appeared to place a limitation of 4 mills, by law the 4 mills since 1975 has had some inflationary increases, but cannot tell you with any definitive certainty that you can or cannot exceed that but does recognize the issue. Mr. Swanson stated that the $58,000+ for the senior citizens busing that’s funded out of sales tax, it has no effect whatsoever on the mill levy.

It was moved by Council Member Bjerke to reduce the mill levy from 4.78 to 4.5 and for the .28 asked the city auditor what he would recommend contingency or capital; the city auditor stated that at this point in time if they do this, you will simply be spending down some of the cash balance of the public transportation department to approx. $10,000. The motion died for lack of a second.

It was moved by Council Member Lunak and seconded by Council Member Brooks to approve the 2001 budget and adoption of the resolution and certificate of levy which is $10,475,377, and to introduce the following resolution and adopting the budget: Document No. 8039 - Resolution.

Council Member Brooks proposed an amendment on the budget to reduce the amount for senior citizens busing from $58,071.00 to $29,000.00; Council Member Bjerke seconded the motion.

Council Member Hamerlik asked for an interpretation on the matter that the motion was passed, would have to have a motion to reconsider that dollar amount from someone on the prevailing side of the issue.

Mr. Swanson reported that what they are now acting upon is the total budget, 2001 Annual Appropriations Bill and Tax Levy, that appears to be a different item than what was acted on earlier although as a practical matter he doesn’t know how you can reconcile the passage of the earlier action and this motion, that he cannot rule that they would be the same substantive matter. The amount of $58,071.00 is capsulized in the entire 2001 budget, that he can’t rule that it is the exact same issue in light of the fact that they are now acting on the 2001 Appropriation Bill.

After some discussion and upon call for the question on the matter of the amendment and upon voice vote, the motion carried.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Babinchak, Bakken, Brooks, Bjerke - 4; voting “nay”: Council Members Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Martinson, Hoff, Hamerlik - 10. Mayor Brown declared the motion defeated.

Upon call for the question of adoption of the resolution and certificate of levy and upon roll call vote the following voted “aye”: Council Members Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Martinson, Brooks, Hoff, Hamerlik, Burke - 11; voting “nay”: Council Members Babinchak, Bakken, Bjerke - 3. Mayor Brown declared the motion carried and the budget adopted.

REPORTS OF OFFICERS

The city auditor’s investment report as of August 31, 2000, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Babinchak that this report be received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, September 7, 2000, that notice had been published as required and that the following appeals were heard: 1) William Mann and Elizabeth Hemler, 7596 South 29th Street, request for variance to the accessory building and requirements in order to build a storage building, variance approved to allow up to 2080 sq.ft. of accessory building area in order to build a storage building.

It was moved by Council Member Lunak and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-16, dated September 18, 2000 and totaling $1,073,010.60, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Lunak and seconded by Council Member Gershman 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 - 14; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

COMMENTS RE. SENIOR CITIZENS BUSING

Mayor Brown recognized two young gentlemen at the podium.

Mike Towers, 2610 Clover Drive, commented about the senior citizens transportation - that it’s his future and everyone else’s future so deal with it now before it becomes more of an issue, like one more expense to pay for it and just pushing towards the senior citizens transportation and pushing for council to make the right decision.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
ON PROPERTY AT 1701 9TH AVENUE SOUTH

Committee No. 1, Finance, reported having considered the matter of application for abatement of 1999 taxes by LuEllen Hart, 1701 9th Avenue South (Lot 305 and north 20 ft. of Lot 306, Block N, Willmar Addition), and recommended to reduce the assessor’s valuation of 1701 9th Avenue South from $108,400 to $101,000 for 1999.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE REQUEST FOR INSURANCE SERVICES

Committee No. 1, Finance, reported having considered the matter of RFQ for insurance services, and recommended approval to move forward on the RFQ for insurance as drafted.

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

APPROVE CORPORATE CENTER FLOOD INSURANCE
AMENDMENT

Committee No. 1, Finance, reported having considered the matter of Corporate Center flood insurance amendment, and recommended approval of the Corporate Center flood insurance amendment (Section 1.1 of the City resolution approving the first amendment to lease - the amount was changed to reflect the actual bond amount sold $5,665,000 rather than the initial estimate of the bond amount; and Section 3.1 of the first amendment to lease under insurance was changed to state “…flood insurance upon the Project in such form as may from time to time be required by the Services, and in the maximum amount then available through the National Flood Insurance Program, if the Project is located in a designated flood zone…”.

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

APPROVE AMENDMENT TO ADDENDUM A OF AGREEMENT
WITH SPRINGSTED, INC. FOR CONTINUING DISCLOSURE
RELATING TO VARIOUS BOND ISSUES

Committee No. 1, Finance, reported having considered the matter of amendment to Addendum A of agreement for continuing disclosure and/or arbitrage rebate monitoring relating to various bond issues, and recommended approval of an amendment to Addendum A of the agreement with Springsted, Inc. for continuing disclosure relating to various bond issues.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE JOB DESCRIPTIONS FOR WASTEWATER
TREATMENT PLANT

Committee No. 1, Finance, reported having considered the matter of job descriptions for wastewater treatment plant, and recommended to approve the job descriptions for the Wastewater Treatment Plant and then move to the civil Service Commission for pay grades.

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

APPROVE REQUEST BY RED RIVER HIGH SCHOOL
TO HOLD BONFIRE AND FOR NOISE VARIANCE

Committee No. 2, Public Safety, reported having considered the matter of request by Red River High School to hold bonfire on Wednesday, September 20, northend of Cushman Field in throwing pit area, and noise variance, and recommended approval subject to review by fire department.

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

AUTHORIZE DEBRIS REMOVAL/SITE RECLAMATION
AT 309 SOUTH 3RD STREET (VIETS SITE)

Committee No. 2, Public Safety, reported having considered the matter of authorization for debris removal/site reclamation of 309 South 3rd Street (Viets site), and recommended to approve change order with Robinson Construction in the amount of 41,950.00 for removal and disposition of debris along with removal of structure at 321 South 3rd Street.
It was moved by Council Member Babinchak and seconded by Council Member Martinson 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, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

RECEIVE AND FILE MATTER OF REQUEST TO USE
PORTION OF ALLEY FOR PARKING OF EQUIPMENT

Committee No. 2, Public Safety, reported having considered the matter of request from Randy Hjelmstad to use alley between 1st Avenue North and Dyke Avenue on North 11th Street for parking of his lawn equipment (alley is dedicated but not used as an alley), and recommended to receive and file.

Randy Hjelmstad, 1104 Dyke Avenue, owner of Randy’s Lock & Key, Randy’s Towing and Randy’s Lawn Care and Randy’s Refuse, and asked to be able to use a strip of land to park his excess lawn equipment and vehicles, that he went to the public safety committee and was informed this was a planning issue, and asked that they make this happen for him.

Council Member Babinchak stated that the committee was informed this is a dedicated alley, the City is not allowed to lease this dedicated alley to a private individual for their use. Mr. Swanson stated that this a publicly dedicated alley, the process would be to vacate the dedication and that property would then subject to any underground utilities, property would go back to adjacent property owners, and that would be the appropriate way to eliminate the public interest in the alley. Council Member Babinchak stated that it was also noted that these rules are in effect so that don’t have areas of town that look like junkyards and to keep orderly.

Gary Euren, city prosecutor, stated that there is a matter currently pending in Municipal Court in which Mr. Hjelmstad has been cited for moving equipment onto this property, putting two fences up at either end after being told not to do so, based upon the fact that this is a public area. It was noted that Mr. Hjelmstad brought this before the committee because he has been cited for this; and that the adjacent property owners are Nelson Plumbing and BNRR owns the empty lot. It was also noted that if this is a violation of a City ordinance that’s between Mr. Hjelmstad and the courts.

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

RECESS

Mayor Brown called for a 10-minute recess at 9:05 p.m.

The city council reconvened at 9:15 p.m. with all members present except Council Member Lunak.

AUTHORIZE ENTERING INTO AGREEMENT WITH
U.S. GEOLOGICAL SURVEY FOR GAGE STATION
OPERATIONS

Committee No. 3, Public Service, reported having considered the matter of joint funding agreement with U.S. Geological Survey for gage station operations, and recommended to enter into the agreement with U.S. Geological Survey in the amount of $11,800.00.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

AUTHORIZE ENTERING INTO MEMORANDUM OF
UNDERSTANDING WITH NORTH DAKOTA DEPART-
MENT OF TRANSPORTATION FOR PERMANENT
FLOOD PROTECTION WORK

Committee No. 3, Public Service, reported having considered the matter of memorandum of Understanding with North Dakota Department of Transportation for permanent flood protection work, and recommended to authorize entering into the Memorandum of Understanding.

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

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGEINEERING SERVCES FOR PROJECT NO. 4819

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Street Relocation, permanent flood protection, City Project No. 4819, and recommended to authorize entering into the agreement with KBM, Inc. at estimated cost of $62,500.00.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE EASEMENT TO QUEST CORPORATION ADJACENT
TO WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of easement to Quest Corporation adjacent to the southend water tower near the intersection of 62nd Avenue South and South Columbia Road, and recommended to approve the easement and authorize proper City officials to sign the easement.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5064, LANDFILL CLOSURE
PHASE III

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1, construction administration, Webster, Foster, Weston, Project No. 5064, Landfill Closure Phase III, and recommended to authorize entering into the amendment for engineering services in the amount of $95,000, contingent upon final engineering review.
It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4865,
SANITARY SEWER RESTORATION

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4865, Sanitary Sewer Restoration, Area 4, Change Order No. 7, Molstad Excavating, contractor, and recommended to approve the change order in the amount of $4,000.00.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4970,
WATER ON COLUMBIA ROAD AND CONNECTION TO
UND WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4970. water on Columbia Road (DeMers to University) and connection to UND Water Tower, Change Order No. 3, Industrial Contract Services, contractor, and recommended to approve the change order in the amount of $12,474.28.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE EASEMENTS FOR BIKEWAY

Committee no. 3, Public Service, reported having considered the matter of various easements for 17th Avenue South bikeway from 25th Street to 34th Street, and recommended to approve the easements and authorize City officials to sign the easements.

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

APPROVE SURPLUS PROPERTY AND AUTHORIZE
SALE OR DEMOLISH OF THE BUILDING

Committee No. 3, Public Service, reported having considered the matter of surplus sale and/or demolition of building at 750 North 69th Street, and recommended to declare this as surplus property and to either sell or demolish the building.

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

COUNCIL MEMBER LUNAK REPORTED BACK

APPROVE PLANS AND SPECIFICATIONS, GREENWAY
CLEANUP PHASE I, PROJECT NO. 5172

Committee No. 3, Public Service, reported having considered the matter of plans and specifications, Greenway Cleanup Phase I, City Project No. 5172, and recommended to approve plans and specifications for the project.

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

Lisa Dressler introduced Linda Kingery, Red River Regional Council, and Dave Rausch from EERC, who are part of the Red River Riparian Group, who gave a brief presentation of what they do and how they coordinate with the utility cleanup.

Mr. Rausch stated that the Red River Riparian Project is a project under Section 319 of the Clean Water Act, federal money that has been put aside for the purpose of cleaning up our surface waters for improving water quality; EPA who distributes the money dictates the goals or basis of what the project is about. He stated their goals are to influence land management and water management in the Red River Basin for improving water quality, protecting water resources; and that one of their project goals is to try to encourage land owners to do and meet many of those goals within the Red River Basin; one of the ways to do that is to improve degraded riparian corridors. He stated that the best ways to achieve those goals; a healthy riparian zone can provide bank stabilization by plants’ roots holding soil in place, can moderate flood flows to some extent by creating water storage in the flood plain by reducing flow rates and increasing infiltration of flood waters; the key one here for EPA is improving water quality and filter sediment, filter nutrients and other contaminants from runoff. He stated in the case of the greenway, it may also provide some good opportunities to deal with storm water as the city is going to have to meet EPA storm water regulations that are coming very shortly. He stated that it provides temperature moderation which is important for habitat in the stream; and riparian corridors provide habitat for migrating birds, food and cover for other animals, etc. and there are also social benefits (interpretative areas in classrooms). He pointed out the potential areas that have been suggested to their group for riparian restoration (area around Riverside Park to the north forks landing, area around Central Park and from Koininea property southward).

Linda Kingery presented plans for the Koininea area, showing elevation of areas frequently flooded, that they are proposing a land cover on that area with a five-year recurrence area, that area would be wooded with native prairie at higher elevations - a 25 acre piece and cost of restoration work would be $15,000 with maintenance for first five years or $2500/year, prairie establishment in about 14 acres at est. cost of $12,000 plus maintenance figure for first three years. She stated that the City has a $14,000/season mowing now or $40/acre and restored plan would be less. She stated if they looked at restoring an area, either Koininea or another area, would have about a $42,000 project cost, and the 319 program is a 60-40% match, and were suggesting that certain elements of the utility cleanup would be used as that match.

Ms. Kingery stated that on the Riverside area, the elevation which is equivalent to an area that’s inundated with a five-year recurrence interval event, would be an alternative plan where there are smaller pieces of prairie established, and haven’t done a detailed assessment of where that regeneration is occurring.

Ms. Kingery stated that the request came from the City about a year ago and have worked with City staff to evaluate the sites and to see that objectives are consistent with the project’s goals. She stated the next step would be to work with the stake holders, that there’s more than one landowner, and with staff in developing a plan that's specific to the area, then the Riparian Advisory Committee reviews the site and recommends funding and Regional Council would allocate funding to whichever sites were approved. She stated they were looking at beginning implementation at least the next summer season, this project is currently funded through June 30, 2003 and that you may want to have them as a partner involved in, and have to look at that time frame and money has to be expended out by June 30, 2003.

Charles Grotte, asst. city engineer, stated that we have $607,000 in our budget for 2000 for greenway cleanup and 2001 have projected another half million as part of the CIP, and in 2002 have another half million; that Red River Riparian is saying that the City can use our $216,000 to match their federal monies so not additional cost to the City, they would come in with their federal program. Mr. Grotte stated that if the plans are approved tonight they would obtain bids, the bids would come back through public service committee for approval. He stated this is merely a presentation to show how our current greenway project would fit into a longer term riparian restoration type project; that $216,000 of this project is eligible for match and they have upwards of half a million dollars in their program that they could put into the Grand Forks area if there is a need for it.

Council Member Kreun stated he had received a call from Mike McKenna, head of the North Dakota Game & Fish Department, that he would like to be on our agenda on November 6 as they would like to participate with us in education and other matters in the greenway project as well, and that coincides with the riparian project and others that go with it.

COUNCIL MEMBER MARTINSON EXCUSED

Mike Korman, CPS, Ltd., project engineer, reviewed reasons for cleanup of the area (utilities, streets and alleyways), and reason for removal of concrete is that if put dirt over the top, won’t have sufficient subsoil moisture to promote adequate plant growth, and then erosion problems, crushing the concrete and placing dirt over top with the freeze/thaw cycle tends to bring chunks of concrete up to the surface, would require future cleanup.

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

APPROVE CHANGE ORDER, PROJECT NO. 5086

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 5, Baling Facility, Lunseth Plumbing & Heating, City Project No. 5086, and recommended to approve the change order in the amount of $33,981.50.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

RECEIVE AND FILE PROJECT CONCEPT REPORT
FOR PROJECT NO. 5112, INTERSECTION STUDY AT
DEMERS AVENUE AND WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for Project No. 5112, Intersection Study at DeMers Avenue and Washington Street, and recommended to receive and file.

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

Mr. Grasser reported that the Washington/DeMers corridor was done in several phases and essence of that intersection was completed about 1995, that the ND Department of Transportation did a study as a part of the concept report, that was a large corridor study type of concept report and don’t get into quite this level of detail and analyzing those intersections but the DOT did review that with both internal staff and with their consultants and that’s the design they came up with. He stated that the report presented here was a very detailed look at the intersection and beyond some of the basic construction that was; that this report points out some sight obstructions south of the intersection caused by the RR bridge, etc. and DOT reports don’t go far beyond the limits of the actual project.

Mr. Grasser reported that AllState Insurance Company contributed $25,000 to study this particular intersection, this was unsolicited by the City, that they’ve done this on higher accident intersections throughout the State of North Dakota, and this gives us a foundation that if we choose to do improvements, it gives us an analysis of different things that we can look at, but this the first step and City staff is digesting and nothing planned here for implementation in the near future, process will probably be brought up at the CIP committee and there are things there that are easier to do and more difficult from a financial, traffic and business impact standpoint. He stated they are aware of public input meetings and comments prior to any project.

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

AUTHORIZE ENTERING INTO AMENDMENT FOR
ENGINEERING SERVICES AGREEMENT FOR PROJECT
NO. 5142, LAGOON OUTFALL RESTORATION

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1, construction administration, Webster, Foster, Weston, Project No. 5142, Lagoon Outfall Restoration, and recommended to authorize entering into the amendment for engineering services in the amount of $10,488.00.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

AWARD BID FOR PROJECT NO. 5142, REPAIR
LAGOON OUTFALLS

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5142, Repair Lagoon Outfalls, and recommended that based upon the city attorney’s recommendation to return bid to Wright Construction unopened indicating that he did not submit the proper documentation with his bid.

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

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5142, Repair Lagoon Outfalls, and recommended to accept the low bid of D & D Torgerson Contracting, Inc. in the amount of $52,661.95.

It was moved by Council Member Hoff 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, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

MODIFY AGREEMENT WITH JLA FOR METROPOLITAN
OPERA HOUSE

Committee No. 4, Urban Development, reported having considered the matter of request to amend Metropolitan Opera agreement, and recommended to modify the City’s agreement with JLA for the Metropolitan Opera house by reducing the owner contribution in Phase I to $40,000 with a term of three years, contingent upon the partnership keeping current with their taxes, that the deed will be held in escrow if the taxes are not paid, that Urban Development will monitor payments to the related entities and that this motion does not imply any further assistance from the City.

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

APPROVE HOME RELOCATION PROPOSAL FROM
EASTER SEALS/GOODWILL

Committee No. 4, Urban Development, reported having considered the matter of HOME Relocation proposal from Easter Seals/Goodwill, and recommended approval to give the following properties to Easter Seals contingent upon the properties being appraised and listed for market value and that the Urban Development Committee gets a copy of the purchase agreement before the sales are executed: the home at 1108 Lanark and the lot at 807 South 9th Street, the home at 1105 Lanark and the lot at 608 Cherry Street; the home at 1117 Lanark and the lot at 905 Oak Street and the home at 502 Plum and the lot at 802 Oak Street.

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

REFER MATTER OF TENANT APPROVAL FOR
DOWNTOWN BUILDING BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of tenant approval for downtown building, with no recommendation from committee.

Council Members Christensen and Burke asked that this matter be referred back to committee for further consideration, as they are waiting for a report from the Attorney General’s Office.

APPROVE SALE OF SURPLUS PROPERTY

Committee No. 4, Urban Development, reported having considered the matter of sale of surplus property, and recommended to accept the bid from Roberta Larson in the amount of $100 for the surplus lot at 316 4th Avenue North.

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

APPROVE TIMELINES FOR 2001 CDBG ENTITLEMENT
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of 2001 CDBG Entitlement Program, and recommended approval of the timelines set for the 2001 CDBG Entitlement Program with applications coming back to committee.

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 FINAL PLAT OF REPLAT OF LOTS 1, 3 AND
NW HALF OF LOT 5, BLOCK 9, VIETS ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Keith Lund on behalf of the City of Grand Forks for final approval (fast track) of a Replat of Lots 1, 3 and the northwest half of Lot 5, Block 9, Viets Addition to the city of Grand Forks, North Dakota (located at 504 and 510 South 4th Street and 411 Franklin Avenue), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR PROPOSED CONSTRUCTION OF ANIMAL
CREMATORIUM
The Planning and Zoning Commission reported having considered the matter of the request from Dr. Lori Gossard for approval of a conditional use permit for the proposed construction of an animal crematorium Lot 9, Block 2, Sunny Nodak Farms Addition (located at 6233 Gateway Drive), and recommended approval of the conditional use permit for an animal crematorium.

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

ACCEPT PETITION TO VACATE PORTION OF
KITTSON AVENUE LOCATED BETWEEN SOUTH 4TH
AND SOUTH 5TH STREETS

The Planning and Zoning Commission reported having considered the matter of the petition from the city auditor on behalf of the City of Grand forks, North Dakota, for approval to vacate the northwesterly 10 feet of Kittson Avenue as platted and dedicated on the Replat of Lots 1, 3, 5, the south half of 6, and all of 7, 8, 9, 10, 11, 12, 13, 14, 15 and part of 16, Block 27, Town of Grand Forks (DT), North Dakota, adjacent to Lot B, Block 27 of said Replat of Town of Grand forks Addition to the city of Grand Forks, North Dakota (located between South 4th and South 5th Streets), and recommended approval to vacate the above described area and to set the public hearing for November 6, 2000.

It was moved by Council Member Kreun and seconded by Council Member Babinchak that this recommendation be and is hereby approved, that the petition on file is in the proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required. Carried 13 votes affirmative.

ACCEPT PETITION TO VACATE PORTION OF 8TH
AVENUE NORTH LYING SOUTH OFD BLOCK C AND
NORTH OF LOTS 1 AND 2, BLOCK 59, ALEXANDER AND
IVES ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from William L. and Eulalie A. Geer, husband and wife, and the City of Grand Forks, a municipal corporation of North Dakota, for approval to vacate a portion of 8th Avenue North (formerly Jennie Avenue) lying south of Block C and north of Lots 1 and 2, Block 59, Alexander and Ives Addition to the city of Grand Forks, North Dakota, extending from the east right of way line of (North) Washington Street to the southwest right of way line of Burlington Northern/Santa Fe Railroad (formerly the St. Paul, Minnesota and Manitoba Railway), and recommended approval to vacate the above described area and to set the public hearing for November 6, 2000.

It was moved by Council Member Kreun and seconded by Council Member Babinchak that this recommendation be and is hereby approved, that the petition on file is in the proper form and contains the requisite signatures, that it be filed with the city auditor and that a notice of public hearing be published as required. Carried 13 votes affirmative.




APPROVE PRELIMINARY PLAT; INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF JOHNSON-RUSTAD ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Gene A and Kathryn A. Johnson for preliminary approval of the plat of Johnson-Rustad Addition to the city of Grand Forks, North Dakota (located on the south side of 27thAvenue North between Mill road and North Washington Street), 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 Map and to set the date of the public hearing for October 16, 2000.

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

Council Member Lunak 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 dedicate don the plat of Johnson-Rustad Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF JOHNSON-RUSTAD ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Gene Johnson for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (limited Development) District and to include within the I-2 (Heavy Industrial) District all of Johnson-Rustad Addition to the city of Grand Forks, North Dakota (located on the south side of 27th Avenue North between Mill Road and North Washington Street), 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 October 16, 2000.

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

Council Member Lunak 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 A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, all of Johnson-Rustad Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF TELPRO ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Gary L. Thompson on behalf of Larry Young for preliminary approval of the plat of TELPRO Addition, Grand Forks, ND being a part of the SW Quarter (lying westerly of I-29 right of way) of Section32, Township 152 North, Range 50 West from the 5th Principal Meridian (located at 7151 South 42nd Street), 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 Map and to set the date of the public hearing for October 16, 2000.

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

Council Member Lunak introduced 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 TELPRO Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE APPOINTMENT OF CITY ATTORNEY

Mayor Brown announced the appointment of Howard Swanson as city attorney for two years (balance of the two-year term expiring June 30, 2002), and asked for concurrence. It was moved by Council Member Kreun and seconded by Council Member Lunak to approve the appointment. Carried 12 votes affirmative; Council Member Hoff voted against the motion.

APPROVE APPOINTMENT TO EMERGENCY MANAGEMENT
BOARD

Mayor Brown announced the appointment of Joe Simon to the Emergency Management Board for a term expiring December 31, 2001, and asked for concurrence in this appointment. It was moved by Council Member Lunak and seconded by Council Member Babinchak that this appointment be approved. Carried 13 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summary: CDBG Estimate Summary, $11,970.00.

It was moved by Council Member Lunak and seconded by Council Member Babinchak 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, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to council for referral to committee and/or departments for consideration.

1) Council Member Burke presented the matter of review of ordinance with regulation of pet stores, referred to the public safety committee.
2) Council Member Burke stated he attended last week’s Greenway Alliance meeting and the results of a public opinion survey were distributed, that most people felt they didn’t know a lot about the greenway, and their unwillingness to spend any more money on the greenway, and encouraged greenway staff to reproduce that survey and distribute it to council members.
3) Council Member Hamerlik presented the matter to the Bus Committee to come up with a date certain so when working towards solution and expenditures of money re. senior citizens so know what the timeline is.
4) Council Member Hoff reported he received memo of breakdown of parking tickets issued in the city, with the number of tickets increasing after students back in town, that students deserve a break, and need to have policy that doesn’t create dissatisfaction for additional funds.
5) Council Member Hoff stated that the public needs to know what happened in the last executive session (August 21, 2000)
6) Council Member Brooks presented the matter of contingency budget for 2001, referred to finance committee.
7) Council Member Brooks requested report from Grand Forks Homes on status of financial funds earmarked for Congressional I and II and status of the punch list items and warranty items, requested through Urban Development Committee.
8) Council Member Kreun reported on grass pickup, that if they have difficult problem bringing to compost piles, can put them in the black containers for a short period of time, leaf collection will start on October 9 and make two passes through the city.
9) Council Member Christensen stated to look at the problems caused by the discontinuance of a service (picking up grass clippings), and suggested that the sanitation department plan to pick up grass clippings in the month of September, 2001, so don’t have this problem.

APPROVE APPOINTMENT OF ASSISTANT CITY
ATTORNEYS AND CITY PROSECUTORS

Mr. Swanson announced the appointment of the following individuals: John Warcup, deputy city attorney; Al Warcup, assistant city attorney; Gary Euren, city prosecutor; Kristen Pettit and Dwight Kalash as assistant city prosecutors, and asked for concurrence for two years. It was moved by Council Member Hamerlik and seconded by Council Member Brooks to approve the appointments. Carried 13 votes affirmative.
BUDGET AMENDMENTS

A budget amendment for the Nutrition Grant (Health Department) in the amount of $3,159.00 to reflect additional revenue funds, was presented and read.

A budget amendment for the Healthy Families America (Health Department) in the amount of $180.00 to reflect increase revenues, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 12 votes affirmative; Council Member Brooks voted against the matter..

CALL FOR RECALL ELECTION

The city auditor reported that after review of petitions submitted on September 8, 2000, he has ordered a recall election in Ward 2 for city council member/alderman for the position presently held by John W. Hoff to be held on November 7, 2000 in conjunction with the general election.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Bjerke that we do now adjourn. Carried 13 votes affirmative..

Respectfully submitted,



John M. Schmisek, City Auditor


Approved: ______________________________
Michael R. Brown, Mayor.