City of Grand Forks, North Dakota

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17275
October 16, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 16, 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, October 16, 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, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 11; absent: Council Members Lunak, Martinson - 2.

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, stated that the meeting was being televised. Mayor Brown stated that we would like to wish Sam Martinson a speedy recovery.

FLOOD REPORT

Al Grasser, acting city engineer, reported that they have received the alignment refinement design document report on October 5, 2000 from the Corps of Engineers which finalizes the dike alignment, that report did indicate some changes from the 1998 general re-evaluation report, that on October 13 Mr. Grotte sent a memo to council members outlining the changes that were included and that they are currently reviewing that report in detail to review changes, that to date they have not identified any additional homes or businesses that would need to be purchased; the major change they did see in the report because of the updated computer program that the computer has done and the re-evaluation they are doing along the entire Red River Valley basically from the North Dakota border to Lake Travers, they did identify that from the GRR report the north end dike elevations are going to be about one foot lower than the original report, but south end elevations will have a rise of 1.3 feet in the dike elevations. He stated that this doesn’t result in any additional taking of real estate or properties, and one of the reasons for that is that in general the total of the slope to account for the higher dike is to move the toe riverward instead of landward, and because of geotechnical stability reasons they have to bump it out to the landward side but kept to about 5 to 6 feet and that allows it to go higher without encroaching on an additional properties; the hydraulics that were explained in the report are very complicated and that he cannot go through and update the council on the details of hydraulics but if they would like, could have the Corps of Engineers come in and explain it at another committee meeting if they desire more detail. Information.

APPROVE MINUTES SEPTEMBER 18, 2000

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, September 18, 2000 were presented and read. Council Member Bjerke noted that in roll call that Council Member Martinson was present. It was moved by Council Member Klave and seconded by Council Member Babinchak that the minutes be approved as corrected. Carried 11 votes affirmative.

CONSIDER MATTER OF PROPOSED REVISED CITY
COUNCIL MEETING PROCEDURES AND APPROVAL
PROCESS AND PROPOSED ORDINANCE

Richard Warne, administrative coordinator, reported proposals for revising the city council meeting procedures and approval process, council directed that be referred to each of the four committees, which they have, committees met and last Friday the committee chairs along with several members of the city council met to discuss the findings and recommendations of the committees, and reported and recommended that we pass for first reading of the ordinance that would implement these new procedures.

Council Member Gershman, president of the council, reported on behalf of the four committee chairs, stated that the staff will bring forward recommendations for combining and eliminating many of the other 34 committees, and that is going to happen now, as recommendation out of public safety committee, and that will happen first if procedures pass. He stated that the second thing that will happen will be to begin delegating administrative matters to the staff based on the changes suggested by the administrative coordinator, department heads and council committees prior to the council becoming the committee of the whole December 1.

Mr. Swanson reviewed changes in the proposed ordinance, that there are three essential changes to what was previously presented: on page 1, section 2-0101, which previously said first, second, third and fourth Monday for meetings and now reflects would be the first and third, to provide the council with the ability to adjourn into other meetings, including committee of the whole, on page 3, subsection 27, dealing with adjourned meetings language has been added providing that the council may adjourn to a work session, informal session or committee of the whole and may take final action upon any matter at the work session, informal session or committee of the whole unless otherwise restricted by law, that you can provide preliminary approval and introduction of an ordinance at those meetings, however, you cannot have final approval on an ordinance on the same day as preliminary approval or introduction occurred. He stated that the last change is essentially somewhat redundant, on page 4, under Section 2-0302 dealing with public meetings, again they clarified that the council can adjourn to the various forms of organizational meetings and committee of the whole meetings and may take action at those meetings as well. He stated that the fact that they are meeting in a committee of the whole or in some other informal method does not eliminate the requirement for published agendas, published meeting notices, etc. but allows council to be as a committee of the whole but still do the informal discussions, preliminary discussion and if body feels that appropriate action should be taken they have that flexibility.

Council Member Hamerlik questioned the matter on page 3, that if the council adjourns to a work session - that the council may take final action upon any matter at such work session, and asked if that should be recess rather than adjourn, then have another meeting and publication of a date. Mr. Swanson stated that they could recess to a time and date, which under the ND Open Records Law and Open Meetings law may allow you to avoid some of the additional notices, as a practical matter the City’s policy has been to give those notices, whether recess or adjourn not sure makes a great deal of difference. Council Member Hamerlik stated he has a question that if they recess or adjourn to a committee of the whole and a topic comes up that hasn’t been on the agenda, could rush something through without public notice; and would seem that on page 3 should restrict any action to what was on the agenda or else come up with items and take action without it ever being published. Mr. Swanson stated this is broad enough to allow council to do that, if the council wishes to place restrictions upon itself would be appropriate, that on section 2-0302, subpart 2) they have actually deleted the limitation on what action you can take at that meeting.

COUNCIL MEMBER GLASSHEIM REPORTED
PRESENT

Council Member Hamerlik stated that the council has not wanted something on their desks to take action, but has concern that if they can’t restrict under subsection (27) can’t restrict to what was on the agenda.
Mr. Swanson stated that in the past the Code has limited or restricted items that were not on the agenda and if declared controversial could not be acted upon. Mr. Swanson stated that the present Code would allow the council to act upon an issue not appearing on the agenda provided it is not declared controversial by any individual member of the council, those requirements have been deleted in this draft and if the council inclined to continue in that manner he would include that language in the ordinance. Mr. Warne agreed to that and staff’s position is that they are comfortable with that, and if include that restriction are fine with that.

Council Member Hamerlik asked a procedural question, that this ordinance should have come as recommendation from a committee, then introduced and first reading.

Council Member Babinchak moved to send this to the finance committee and brought back at a council meeting; Council Member Christensen seconded the motion. Carried 12 votes affirmative.

Mr. Swanson stated that he interpreted the discussion earlier on the agenda as being a general consensus and agreement that they wanted some restriction on agenda items and he will provide a draft to the committee and council members which would include the agenda restrictions.

Council Member Hamerlik called for the question. Carried 12 votes affirmative.

Upon voice vote on the question, submitting to finance, the motion carried 12 votes affirmative.

Mr. Warne stated that in their report they presented 33 items that could be delegated and handled administratively and have taken input from all four committees as well as staff, and propose to make the appropriate changes and run them back through all four committees so that everyone would have an opportunity to look at those again before adoption. He stated that in talking with the city attorney they could by council approval any or all the proposed delegations to the staff by resolution and not by ordinance; and run them through all four committees one more time, make sure everybody’s at consensus and then ready for approval on the November 6 meeting.

WELCOME STUDENTS AND REPRESENTATIVES FROM
AWANO, JAPAN

Mayor Brown welcomed the Sister City Student Exchange Program students and representatives of Awano, Japan, the chief planner of Awano Town Hall and a gardener who will be helping us with the Japanese garden they are giving to us.

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND AND ENACT SECTION
RE. WIRELESS COMMUNICATION ANTENNAS AND
TOWERS

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 which public hearing had been continued until this evening, was presented and read for consideration on second reading.

Mayor Brown called for the public hearing. There were no comments.

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for final approval of an ordinance to amend the 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 180-02-0 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 relating to wireless communication towers and antennas, and recommended tabling the request until the November 1, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Bjerke and seconded by Council Member Hamerlik to approve the recommendation and to continue the public hearing and second reading of the ordinance to November 6, 2000. Carried 12 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3862, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF JOHNSON-RUSTAD ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Johnson-Rustad Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 18, 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 deputy 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 her 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 deputy city auditor reported that the Planning and Zoning Commission had reported having considered the matter of request from CPS, Ltd. on behalf of Gene A. and Kathryn A. Johnson for final approval of the plat 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Member Babinchak and Council Member Kreun. Carried 12 votes affirmative.

Upon call for the question of 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 - 12; voting “nay”: none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 3863, AMENDING ZONING
MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF JOHNSON-RUSTD 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 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 had been introduced and passed on its first reading on September 18, 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 deputy 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 her 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 deputy city auditor reported that the Planning and Zoning Commission had reported having considered the matter of the request from Gene Johnson for final 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 final approval and passage of the ordinance amending the zoning map. The recommendation was moved and seconded by Council Member Kreun and Council Member Brooks. Carried 12 votes affirmative.

Upon call for the question of 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 - 12; voting “nay”: none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3864, AMENDING STREET AND HGIHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF OAKWOOD SECOND ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Oakwood Second Addition (previously referred to as Telpro Addition) to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 18, 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 deputy 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 her 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 deputy city auditor reported that the Planning and Zoning Commission had reported having considered the matter of the request from Gary L. Thompson on behalf of Larry Young, for final approval of the Oakwood Second Addition (previously referred to as Telpro Addition), Grand Forks, ND, being a part of the SW Quarter (lying westerly of I-29 right of way) of Section 32, Township 151 North, Range 50 West from the 5th Principal Meridian, (located at 7151 South 42nd Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Member Kreun and Council Member Babinchak. Carried 12 votes affirmative.

Upon call for the question of 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 - 12; voting “nay”: none. Mayor Brown declared the ordinance adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 802 OAK STREET

The deputy city auditor reported that the notice of public hearing on the application by Easter Seals to move a building from 502 Plum Avenue to 802 Oak Street to be used as a residence, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permits by Easter Seals to move building from 502 Plum Avenue to 802 Oak Street, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that Easter Seals be and are hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 807 SOUTH 9TH STREET

The deputy city auditor reported that the notice of public hearing on the application by Easter Seals to move a building from 1108 Lanark to 807 South 9th Street to be used as a residence, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permits by Easter Seals to move building from 1108 Lanark to 807 South 9th Street, and recommended to approve the application for moving permit, subject to the public hearing.
It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that Easter Seals be and are hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 608 CHERRY STREET

The deputy city auditor reported that the notice of public hearing on the application by Easter Seals to move a building from 1105 Lanark to 608 Cherry Street to be used as a residence, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permits by Easter Seals to move building from 1105 Lanark to 608 Cherry Street, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that Easter Seals be and are hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 905 OAK STREET

The deputy city auditor reported that the notice of public hearing on the application by Easter Seals to move a building from 1117 Lanark to 905 Oak Street, to be used as a residence, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permits by Easter Seals to move building from 1117 Lanark to 905 Oak Street, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that Easter Seals be and are hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

RETURN AGENDA ITEMS TO COMMITTEE

Mayor Brown asked if there were any items to be returned to committee. Council Members Christensen and Burke asked that the matter of property disposition, request from GF Historic Preservation Commission be returned to committee.

CONTINUE PUBLIC HEARING ON ASSESSMENTS FOR
PARKING RAMP PROJECT NO. 4796 TO OCTOBER 23, 2000
The deputy city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4796, Parking Ramp District No. 11, in the amount of $1,730,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that several protests had been filed with the auditor’s office.

Letters of protest had been received from Michael Conneran, Jr. for assessments on 2 and 4 South 3rd Street; Dakota Property Management for assessments on 2 North 3rd Street and 214 DeMers Avenue; Dan Samson, Dacotah Building, Inc. and LTD Properties, Inc.; and Todd Nedberg, Tiger Management for assessments on 311-317 DeMers Avenue.

The deputy city auditor reported that the Special Assessment Commission held a meeting on September 25, 2000 and reviewed the parking ramp assessment and made an adjustment to the benefit of this project, after the adjustment the allocation of assessments are calculated as follows: private property, $1,058,173.31; Growth Fund, $79,629.31; Corporate Center, $558,419.09; and City of Grand Forks, $34,078.29, for a total of $1,730,300.00. That they know this assessment is still a burden to the property owners and in an attempt to give council members options to alleviate some of this burden they have put together two work sheets for review. Both work sheets contain an allocation of funds generated under the previous parking ramp project to directly buy down the original assessment of the private property owners; the first work sheet only allocates the above funding source which is parking ramp project special funds. The total assessment amount is $1,730,300.00, with deduction of prior ramp funds $411,426.48, leaving assessment amount to be assessed from private properties of $646,746.83; the second work sheet allocates funding from the parking lot operational funds to additionally reduce annual assessments for private property by 100% for year 2002 to 2004, and that means for the first five years annual assessment allocated for private property will be picked up by parking lot operational funds, and in the sixth year of the assessment the property owner will be paying 100% of the annual assessment; this approach is an attempt to allow time for the area to develop and solidify its hold on our local economy; this plan will reduce private property owners assessment by 55% because originally it was $1,058,173.31 and by taking these two options it will reduce down to $476,540.00 which is about 55% reduction.

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments.

The following individuals appeared and protested special assessments.

Henry Howe, property owner in the downtown parking ramp assessment district, stated he wasn’t sure what was happening with the assessments and what the effects were , but didn’t want to waive his right to protest.

Dan Samson, 100 North 3rd Street, Dacotah Building and LTD Properties, protested assessments for the parking ramp, that they have adequate parking for the Dacotah and Lander Buildings, and do not receive any benefit from the ramp,

Todd Nedberg, Tiger Management and partner in LTD Properties, protested the assessments to his property for the parking ramp.

Council Member Glassheim stated that without proper parking downtown there will be less traffic and less value in all properties, but the perception that there is adequate parking in an area has something to do with whether people will go there at all, and have to look at the overall impact.

Council Member Christensen stated that the leases for Corporate Center provide that the specials levied against the properties are passed on pro rata to the tenants.

Council Member Christensen asked to be excused from voting on Project No. 4796; it was moved by Council Member Hamerlik and seconded by Council Member Brooks to allow Council Member Christensen to abstain from voting on that project. Carried 12 votes affirmative.

Council Member Gershman asked to be excused from voting on Project No. 4796 because of a conflict; it was moved so moved by Council Member Christensen and Council Member Babinchak. Carried 12 votes affirmative.

Council Member Gershman suggested that the Mayor, Mr. Warne and the Special Assessment Commission get together, and that the council could review the projects that are done early in the year or come up with a better system. He stated that when an issue such as the parking ramp comes up, that everyone knew is was going to be controversial, and would like to see them get to a point where they could identify solutions to a problem prior to the presentation of a special assessment.

CONTINUE PUBLIC HEARINGS ON ASSESSMENT OF
VARIOUS PROJECTS TO OCTOBER 23, 2000

The deputy city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on the following projects in the amounts as shown, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and that protests or grievances had been filed with the auditor’s office.

Type Project District Assessment Years of Installments
Sanitary Sewer 4838.1 399.1 $ 241,854.00 14
Storm Sewer 4669.3 386.3 1,463,723.00 20
Storm Sewer 4939.0 401 42,243.00 15
Storm Sewer 4939.1 401.1 175,257.00 15
Street Paving 4807.0 564 416,600.00 19
Street Paving 4940.0 570 321,700.00 19
Watermain 4706.1 260.1 318,700.00 14
Watermain 4839.1 264.1 102,900.00 14
Watermain 4919.1 265.1 85,932.98 14

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments, and the following individuals commented.

Grant Shaft, 2850 24th Avenue South, attorney representing Uselinger Brothers Farm, stated they have met regarding 7 special assessment projects with the city auditor’s office and with the Special Assessment Commission meeting the end of September, and then referred to this meeting. He stated they have the 8 projects relating to his client’s and the issue they have been discussing with the auditor’s office is detailed and involves a review of the maps of the projects and breakdown of the various projects and how they are split between the Park District and a building that was built out, etc. and stated it might be beneficial for the council if this could be referred down to finance as these projects relate to his client. Mr. Swanson stated that the timing under the North Dakota statute for special assessments requires that the council approve and certify any assessments by November 1, and the next scheduled meeting of the council is November 6, short of the council having a special meeting to consider any special assessment projects that wouldn’t appear to be sufficient time to do that. Mr. Shaft stated that the issue they have is not a protest of the assessments per se but a question as to whether the assessments should be assessed now or whether they should have been a tapping fee. Mr. Swanson stated that would be a discretionary matter for the council to determine whether they wish to alter something from the special assessment to a tapping fee; that if they waited beyond November 1, they would not have the option to approve the special assessments and difficulty for the council is whether they would have adequate funds budgeted for the year 2001 for the carrying costs for the projects would be. It was also noted that these projects have been bonded. Mr. Swanson stated that if the council were to certify a particular project for special assessment and if in the future decided not to continue special assessments, whether there were additional funds available or chose to convert it to a tapping fee, that is a possibility, but would still be needing to address the cash flow stream. Mr. Swanson stated he would advise the council to continue with the public hearing
and that there may be other property owners that have issues with regard to the same projects, and following the close of the public hearing, take whatever actions you deem appropriate.

Mr. Shaft noted the projects they are protesting are: Drainway Project 4669.3, Paving Project No. 4940.0, Storm Sewer Project No. 4939.0, Storm Sewer Project No. 4939.1, Watermain Project No. 4839.1, Watermain Project No. 4919.1, and Sanitary Sewer Project No. 4838.1.

Ms. Leila Olson, 814 Stanford Road, stated she had mailed to the council members a letter from her son in law and to represent him at tonight’s meeting, and protested the special assessments on Watermain Project 4706.1, Paving Project No. 4807.1, and Drainway Project 4669.3. She stated that the first point of protest is that they do not believe that the property in Curran’s First Subdivision is legally annexed to the city because the letter sent to James Peter Curran and others, the owners of the property, did not include Curran’s First Subdivision property, it specifically excluded it, that Curran’s First Subdivision property is located between 40th and 44th Avenues South and the Stadter’s Resubdivision property south of 44th Avenue South was the property they were being notified was being annexed, and did receive a map of the property along with it, but quite illegible and assumed that they were being notified because their property was adjacent to the Stadter’s property. She stated that the Stadter’s property was being annexed by petition of the landowner and her son in law found out August 1, 2000 that their property was already annexed to the city, was annexed in May, 1998. She stated that even if the property is annexed, they want to protest the special assessments because the 7 acres that are annexed have a total yearly income (agriculture reserve lands) of less than $400 and the amount of the yearly assessments would be over $10,000; that they are assessing the farmland as though it were developed commercially; and that there are no benefits to the farmland of any of these projects, that the property has never had a drainage problem, that the drainway was put in to benefit property on 32nd Avenue and near the Interstate. She stated property could benefit 15-20 years down the road, that there is no market for that land, and they are not considering the economic impact on the family members. She stated she believes there should be tapping fees on all this land because it is not ready to be taxed as commercial property.

Yvonne Curran Jacobson, stated that she and her brothers have the property on the corner of 47th Avenue South and Washington Street (40 acres) and wish to protest the huge assessment that’s assigned to that property; that they would like to have tapping fees so that when property developed then it can be assessed.

Dean Curran, 3503 Belmont Road, protested the assessments on a watermain project on the NW Quarter of the NW Quarter of Section 28, approx. $48,000, that this is assessed against farmland; that the development in that area will not be for 10-15 years, that the School District built their school and developed their property, that it’s the interim costs that they object to, and asked if this could be put on a tapping fee for assessments when the property benefits. (Project No. 4706)

David Beste, 1550 47th Avenue South, Stone’s Mobile Radio, protested Drainway Project No. 4669.3, that his property does not benefit, that he will pay the assessments but would like his property to drain to the drainway.

There was some discussion relative to the tapping fees. Mr. Grasser stated that the tapping fee essentially is a mechanism in place that allows us to extend infrastructure into areas outside the city limits, because if outside the city limits cannot special assess a project; that the City had started using tapping fees because of the problem of how to extend utilities out into the rural areas when a development needs utilities. He stated a tapping fee area is created and the funding for the infrastructure comes out of City funds (utility rates) segregated to the appropriate rate - sanitary sewer against sewer rates, etc. and the adjacent property that will benefit from the use of those utilities does not pay any special assessments or fees at the time of the project but fees collected when the property develops; that the engineering department certifies the tapping fees based on land that is platted when they come in for development, but in the interim the City carries the carrying cost; that there are millions of dollars of tapping fees now and the city auditor was expressing some concern about the effects on our utility rates. He also noted that there is some deprecation on the infrastructure and if the property doesn’t develop there is depreciation, and the City doesn’t recoup all of the capital costs.

Mr. Swanson stated that special assessments do not take into consideration the present day value of the land nor does it take in the present day use of the land, it looks at what the improvement is and what potential the improvement provides to the land; the proposal that is before the council on all of these, your role is somewhat limited, the Special Assessment Commission has determined the benefits, and if you reduce one particular parcel you must respread whatever the reduction is over the balance or another parcel; that you have to work with the total determination of benefit and assessment that the Commission has given you. He stated that the council would not have the ability to alter the actual determination of benefits.

Council Member Hamerlik suggested that we hold a special council meeting next Monday evening, followed by a committee of the whole to discuss the matter of meetings, and rather than going to all four committees to hear what needs to be done; and moved that we continue the public hearing on the following projects: - Drainway Project No. 4669.3, Paving Project No. 4940; Storm Sewer Project No. 4939; Storm Sewer Project No. 4939.1; Watermain Project No. 4839.1; Watermain Project No. 4919.1, and Sanitary Sewer Project No. 4838.1; Watermain Project No. 4706.1, Paving Project 4807; and Parking Ramp Project No. 4796; to a special council meeting next Monday evening to take up the matter of those assessments that were protested this evening, and that be the only item on the agenda; and if appropriate follow it with a committee of the whole meeting. Council Member Brooks seconded. Carried 12 votes affirmative.

APPROVE ASSESSMENTS ON VARIOUS PROJECTS
It was moved by Council Member Brooks and seconded by Council Member Christensen to divide the question between those that have been protested and those that haven’t. Carried 12 votes affirmative.

Council Member Hamerlik moved to approve those items other than were protested tonight be approved; Council Member Brooks seconded the motion. Carried 12 votes affirmative.

The deputy city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on the following projects in the amounts as shown, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor’s office.

Type Project District Assessment Years of Installments
Sanitary Sewer 4242.2 355.2 $ 32,034.00 10
Sanitary Sewer 4915.0 408 77,000.00 15
Sanitary Sewer 4991.0 402 114,600.00 15
Storm Sewer 4582.0 380 73,900.00 15
Storm Sewer 4707.1 393.1 372,700.00 14
Storm Sewer 4993.0 403 42,000.00 15
Storm Sewer 5004.0 405 68,000.00 15
Alley Paving 4930.0 571 56,000.00 19
Alley Paving 5119.0 577 44,500.00 20
Street Paving 4225.2 560 326,650.00 19
Street Paving 4522.1 554.1 30,988.00 18
Street Paving 4589.0 561 177,600.00 19
Street Paving 4714.0 562 1,173,092.00 19
Street Paving 5019.0 568 71,700.00 19
Street Paving 5030.0 572 87,500.00 19
Street Lighting 5006.0 127 20,600.00 10
Street Lighting 5007.0 128 44,960.00 10
Street Lighting 5011.0 131 9,800.00 10
Watermain 4916.0 270 49,342.00 15
Watermain 4992.0 267 69,900.00 15
Watermain 5001.0 268 38,600.00 15
Watermain 5018.0 269 70,500.00 15
Watermain 5136.0 271 350,700.00 15
Watermain 5158.0 272 26,370.00 15
Sidewalk Easement Repair 4831.0 17 17,800.00 5
Bikepath Repair 5050.0 19 67,300.00 20

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

Council Member Klave asked to be excused from voting on Project 4714 as he owns property in that district. It was moved by Council Member Babinchak and seconded by Council Member Burke that Council Member Klave be excused from voting. Carried 11 votes affirmative.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in annual installments as shown of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 11 votes affirmative on Project No. 4714, and 12 votes affirmative on the other projects.

APPROVE ASSESSMENTS ON VARIOUS PROJECTS

The deputy city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on the following projects in the amounts as shown, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor’s office.

Type Project District Assessment Years of Installments
Sewer Connection Fees 1100.0 --- 4,488.46 13
Weed/Grass Cutting 5094.0 --- 5,655.50 1
Delinquent Water Billing 9001.7 --- 10,453.74 1
1999 Citywide Sidewalks 4907.1 --- $ 14,127.09 4
2000 Citywide Sidewalks 5103.0 --- 82,224.92 5

Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in annual installments as shown of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE CHANGES IN INSPECTORS AT POLLING
PLACES

The deputy city auditor reported there were several changes in inspectors at polling places for the general election to be held on Tuesday, November 7, 2000 as follows: Ward 6, Precinct 3 Grand Forks Public Library, Dale Koppleman; and Ward 7, Precinct 2 Ben Franklin School, Shirley Anderson.

It was moved by Council Member Hamerlik and seconded by Council Member Bjerke to approve the change in inspectors. Carried 12 votes affirmative.

REPORTS OF OFFICERS

The deputy city auditor’s portfolio management summary for period ending September 30, 2000 and the city auditor’s statement of changes in cash balance report for period ending September 30, 2000, were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Kreun that these reports be and are hereby received and filed. Carried 12 votes affirmative.

COUNCIL MEMBER HOFF EXCUSED

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 28, 2000, that notice had been published as required and that the following appeals were heard: 1) RAC Properties, Inc., 1020 South Washington Street, request for variance to the front yard setback and landscaping requirements in order to build an addition to the south side of the building, variance granted to allow the front yard setback to match the existing building and the 5% parking lot landscaping requirement be waived in order to build a 12 ft. addition to the south side of existing building; 2) Eric and Sharen Anderson, 1115 Burbank Circle, held until next meeting at applicant’s request; 3) Charles Olson, 7350 South 25th Street, request for variance to the accessory building area requirement in order to build a storage building, variance granted to allow a total of 3424 sq. ft. of accessory building area; 4) Jim and Jill Bisson, 1323 8th Avenue South, request for variance to the second frontyard and sideyard requirements, variance granted to allow a variance to reduce the second front yard from 12.5 ft. to 3 ft. and the wide yard from 7 ft. to 3 ft.; 5) Doug and Maxine Boushee, 111 Seward Avenue, request for variance to the accessory building driveway setback requirements in order to build an addition to the existing detached garage, variance granted to allow the driveway setback requirement so the addition will match the existing garage (8 ft.) setback.

It was moved by Council Member Kreun and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 11 votes affirmative.

COUNCIL MEMBER HOFF REPORTED BACK

APPROVE BILLS

Vendor Payment Listing No. 00-18, dated October 16, 2000 and totaling $1,918,537.45, 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 Klave 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, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills order paid.

APPROVE ABATEMENT OF 1998 AND 1999 TAXES ON
PROPERTY AT 1904 7TH AVENUE SOUTH

Committee No. 1, Finance, reported having considered the applications for abatement of 1998 and 1999 taxes by Roland Kersten, 1904 7th Avenue South (Lots 496 and 497, Block S, Willmar Addition), and recommended to grant the 50% abatement of 1904 7thAvenue South for 1998 and 1999 and to further grant the entire abatement upon the filing of a Quit Claim Deed or determination by the court of ownership.

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, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

ACCEPT PROPOSAL TO PROVIDE INSURANCE
SERVICES TO THE CITY FOR A PERIOD OF THREE YEARS

Committee No. 1, Finance, reported having considered the matter of insurance proposals, and that staff make a recommendation on the insurance proposals.

Mr. Warne reported that the city attorney had sent out requests for qualifications for insurance services, that 3 proposals had been received, from Froehlich, Paulson & Moore; Vaaler Insurance and Thompson Insurance; that the finance committee delegated to the city attorney and to him the responsibility to review the proposals and make a recommendation, and that it is their recommendation that the city council accept the proposal from Vaaler Insurance, Inc. and enter into an agreement to provide those insurance services for 3 years.

Mr. Warne stated that they reviewed the proposals and that Vaaler Insurance would provide services in addition to the insurance services and that would include a comprehensive evaluation of all of our coverage, both our liability coverage and on-site inspections and facility comprehensive understanding of our hazards, also review our Workers Compensation Program with the idea that we could save some money and also provide more extensive loss control services than were currently being provided. It was also noted that Vaaler Insurance proposal also included a possibility of providing their service fee for service rather than commission, and a possibility for savings there.

Mr. Swanson reported that all three insurance companies met the qualifications, all three are excellent firms and all three could provide the service, and that there is no present dissatisfaction with Thompson Insurance as a service provider. He stated that in looking at the proposals Vaaler Insurance proposal seemed to be more comprehensive.

It was moved by Council Member Hamerlik and seconded by Council Member Christensen to accept the recommendation and award proposal to Vaaler Insurance for insurance services for a period of 3 years.

Dale Sander, Thompson Insurance Agency, 211 South 4th Street, stated they are the current agency servicing your business through the North Dakota Insurance Reserve Fund, that they have been the agency for quite some time, and knows of no service or coverage issues that have been brought up in the time they have had the insurance, nor does he understand where there is any cost savings for the City changing the insurance to another agency; that the North Dakota Insurance Reserve Fund has a set fee that is paid to the agency that has the insurance, and if were to return some of that it would be considered rebating. He stated that it was brought up that one of the other agencies had a program to possibly reduce the Workmen’s Compensation insurance, that he has been working on a program for the last month and have a proposal that is ready. He stated that based on their past history asked the council to consider allowing them to continue being the servicing agent.

Chris Lander, Froehlich, Paulson, Moore Insurance, 3311 South Washington Street, stated that they approached this group over a year ago with the concept of rotating agents for the insurance business and that the finance committee at the time agreed that the insurance coverage should be maintained with the North Dakota Insurance Reserve Fund, and they are the premier insurance company covering public entities; the loss control that they offer having not been part of this over the past years has been tremendous and will continue to be, and they would continue to work with the Insurance Reserve Fund in loss control and reviewing all of the City’s coverage. He stated that when the Aurora project was accepted by the City, that all 3 bid on that and was awarded to the Vaaler Agency, that that those three agencies should be the primary people considered in the rotation of this business.

Ray Pollard, 127 Grassy Hills Lane, Vaaler Insurance, stated that they are bringing to the table an individual that started the loss control services for the North Dakota Insurance Reserve Fund; that loss control services is the analysis of the City’s liability situation so that they can possibly prevent losses, reduce losses and reduce insurance costs. he stated he wasn’t opposed to a rotational basis but feels that they are providing something others are not providing, and that it is the service that the City should consider.

Council Member Christensen asked to be excused from voting on this matter; and it was so moved by Council Members Gershman and Brooks. Carried 11 votes affirmative.

Upon call for the question and upon roll call vote the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Klave, Babinchak, Bakken, Kreun - 11; voting “nay”: none. Council Member Christensen abstained from voting. Mayor Brown declared the motion carried.

ACCEPT BID FOR DEFIBRILLATOR FOR HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the bids for defibrillator for health department, and recommended to award the bid for the defibrillator to Medtronic with a low bid of $2,950.00 to be paid with new Health Department revenue generated in 2000.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE GRANT AMENDMENT WITH ND DEPART-
MENT OF HUMAN SERVICES CARE COORDINATION

Committee No. 2, Public Safety, reported having considered the matter of grant amendment with ND Department of Human Services Care Coordination for period 07/01/00 to 6/30/01, and recommended approval.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE WAIVER OF BUILDING PERMIT FEE FOR
RED RIVER HIGH SCHOOL FOR EDUCATIONAL PROJECT

Committee No. 3, Public Service, reported having considered the request for waiver of building permit fee for Red River High School for educational housing project.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE DOCUMENTS FOR PRE-QUALIFICATION
OF HORIZONTAL DRILLING CONTRACTOR FOR
PROJECT NO. 4769

Committee No. 3, Public Service, reported having considered the matter of general contractor pre-qualification, Raw Water Intake, City Project No.4769, and recommended to approve documents for pre-qualification of the general construction contractors, and permission to advertise.

It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR UNDER-
GROUND PIPING, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the plans and specifications for underground piping, Bid Package #9, Wastewater Treatment Facility, project No. 4371, and recommended to approve plans and specifications and authorize appropriate parties to call for bids.

It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AWARD CONTRACT FOR PROJECTS NOS. 4814 AND 4816,
2000 FORCEMAIN AND WATERMAIN RELOCATIONS

Committee No. 3, Public Service, reported having considered the bids for various projects, 2000 forcemain and watermain relocations, Projects Nos. 4814 and 4816, and recommended that we reject the non-responsive bid of Wagner Construction and return their bid package and bond; and to accept the bid of ICS, Inc. in the amount of $593,322.00.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

ACCEPT BID FOR SALE OF SURPLUS PROPERTY

Committee No. 3, Public Service, reported having considered the bids for surplus property, and recommended to accept the bid of $1,000 for the property at 802 North 69th Street and the bid of $1,500 for the property at 101 Euclid Avenue.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of change order #1, pre-cast concrete, Wastewater Treatment Facility, ICS, Project No. 4371, and recommended to approve the change order tin the amount of $13,852.00 and six (6) additional days for completion.

Committee No. 3, Public Service, reported having considered the matter of change order #2, reactor basin roofs, Wastewater Treatment Facility, Peterson Construction, Project No. 4371, and recommended to approve the change order in the amount of $19,422.39.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5086

Committee No. 3, Public Service, reported having considered the matter of change order #6, Schedule B Electrical, Baling Facility Structure, Samson Electric, Project no. 5086, and recommended to approve the change order in the amount of $975.17.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5015

Committee No. 3, Public Service, reported having considered the matter of change order #1, temporary levees, Nodak Contracting, Project No. 5015, and recommended to approve the change order in the amount of $28,235.15.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREMENT FOR PROJECT NO. 4784

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 32, extra work, Greater Forks Engineering Group, Project No. 4784, Southend Water Tower, and recommended to approve the amendment to the engineering services agreement, with funding for the amendment to be taken out of Project No. 5073, $6,000.00.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

AWARD CONTRACT FOR PROJECTS NOS. 5139 AND 5141,
REHABILITATE PUMP STATIONNO. 26 AND NO. 12

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5139 and 5141, Rehabilitate Pump Station No. 26 and No. 12, and recommended to accept the low bids and to award contracts to Smith Construction co., Inc. in the amount of $268,500.00 for Schedule B-General, and to Bergstrom Electric, Inc. in the amount of $218,938.00 for Schedule B-Electrical.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJET NO. 5070,
LIFT STATION 13 REHAB8LITATION

Committee No. 3, Public Service, reported having considered the change order for project No. 5070, Lift Station13 Rehabilitation - General Contract, C.O. No. 2(F), and recommended to approve the change order in the amount of $421.06, with payment out of local share of Project No. 4983.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4866,
STORM SEWER RESTORATION AREA 4

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4866, Storm Sewer Restoration Area 4, Change Order No. 6, and recommended to approve the change order in the amount of $19,500.00, with funding out of Project No. 4983.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR WATERMAIN
PROJECT NO. 5073

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5073, watermain on North Columbia Road from University Avenue to Gateway Drive, Change Order No. 2, and recommended to approve the change order in the amount of $18,632.21.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR WATERMAIN
PROJECT NO. 5072

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5072, watermain on Gateway Drive from 42nd to 47th Streets and from 53rd to 55th Streets, Change Order No. 2, and recommended to approve the change order in the amount of $25,978.20.

It was moved by Council Member Babinchak and seconded by Council Member Bakken 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 - 12; voting “nay”: none. Mayor Brown declared the motion carried.

RECEIVE AND FILE BUSINESS DISASTER ASSISTANCE
LOAN GRANT PROGRAM REPORT

Committee No. 4, Urban Development, reported having considered the matter of Business Disaster Assistance Loan Grant Program report, and recommended to receive and file.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 12 votes affirmative.

RECEIVE AND FILE REPORT ON CONGRESSIONAL
HOUSING DEVELOPMENTS

Committee No. 4, Urban Development, reported having considered the matter of Congressional Housing Developments, and recommended to receive and file.

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

Council Member Bjerke asked if there was any liability to the City if the housing was not all sold by first of September of next year. Terry Hanson, Urban Development, stated that if the property comes short of servicing its obligation ($3,5million loan to Fannie Mae), the obligation is the responsibility of Grand Forks Housing Authority and Grand Forks Homes, Inc. Mr. Hanson stated that the balance due to Fannie Mae is due December 2, 2002.

Upon call for the question, and upon voice vote, the motion carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT B OF
REPLAT, BLOCK 27, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from Todd Feland on behalf of the City of Grand forks for final approval (fast track) of a Replat of Lot B of 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 (D.T.), North Dakota, including a portion of vacated Kittson Avenue adjacent thereto (located between South4th street and South5th Street and along Kittson 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 Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF SERVICE 4TH SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of John and Irene Campbell for preliminary approval of the plat of Service 4th Subdivision to the city of Grand Forks, North Dakota, being a portion of the NW Quarter of the NE Quarter and the NE Quarter of the NW Quarter of Section 32, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of 27th Avenue North between North32nd and North 34th Streets), 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 November 6, 2000.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Kreun 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 Service 4th Subdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT
ALL OF SERVICE 4TH SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of John and Irene Campbell 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 Service 4th Subdivision to the city of Grand Forks, North Dakota (located south of 27th Avenue North between North 32nd and North 34th Streets), 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 November 6, 2000.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Kreun 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 Service 4th Subdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO EVENTS
CENTER COMMISSION

The Events Center Core Committee reported having considered the matter of Events Center Commission ordinance amendment, and recommended that we amend the current ordinance for the Events Center Commission and ask that the amended ordinance be ready for first reading at the October 16 council meeting.

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

Council Member Christensen stated that the amendments are that an independent commission is created, budgeting process is established, the budget is submitted to the council for approval, the commission administers the events center in accordance with the budget; the commission provides the council with monthly financial statements and as part of their budgeting process they are asked to submit a capital improvements projection for a three-year period, so it’s included within their budget and council is aware of what they might need. He noted that the commission will administer the events center in light of the liquor ordinance and govern the dispensation of liquor within and without the center (tailgating).

Council Member Babinchak stated that there was concern in the committee about the elimination of the $500,000 and the ordinance states that if that is in their approved budget, the council could not take that authority away from them.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

Council Member Hamerlik introduced an ordinance entitled “An ordinance amending Sections 24-0201, 24-0202, 24-0203, 24-0204, 24-0205, and 24-0306 of the Grand Forks City Code heretofore effective relating to the events center commission”, which was presented, read and passed on its first reading.

APPROVE APPOINTMENT TO HUMANE SOCIETY

Mayor Brown announced the appointment of Michelle Cook as a City representative to the Humane Society Board, and asked for concurrence in this appointment. It was moved by Council Member Kreun and seconded by Council Member Babinchak that this appointment be approved. Carried 12 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to council for referral and/or information to the committees and department heads for consideration.

1) Council Member Glassheim thanked John O’Leary for the contribution he has made to the city, that there are millions of dollars and thousands of jobs that are attributable to his work and there are a great many places owned by the City because of the strategic plan that he was working under which is that there are buildings in the Industrial Park, etc. where income will to the City and help to defray property taxes because of the long range planning that was done, and that we will miss him. Council Members Hamerlik, Hoff, Klave, and Babinchak also thanked Mr. O’Leary for his work with the city.
2) Council Member Glassheim stated that there is some concern about morale on staff, and would like council president and the mayor to look at staff morale and if there are any recommendations back to council.
3) Council Member Burke presented the matter of three draft ordinances that were prepared by the city attorney with regard to Downtown Development Commission, the River Forks Commission and the possibility of repealing Article I of Chapter XIV relating to the Grand Forks Central Business District Authority, and Article II of that Chapter with regard to the Parking Authority duties; the matter was referred to the Urban Development Committee.
4) Council Member Burke presented the matter of review of the chapter on Aviation in the City Code so that it conforms with the reality of the current Grand Forks Airport Authority (the current Code provides for a 7-member Airport Authority but it has 5 members as the County is not in concurrence with an earlier ordinance); the matter was referred to the Urban Development Committee.
5) Council Member Hamerlik presented the matter of employees’ holiday bonus (with input from the auditor’s office and the human resources); the matter was referred to the finance committee.
6) Council Member Hamerlik stated there has been delay in committee reports that have been on the table for several months and should expedite those as soon as possible - job analysis and employment task force.
7) Council Member Hoff presented the matter that he is hearing from parents of high school students who are receiving lot of parking of tickets, and complaining about the inadequate parking, and making suggestions.
8) Council Member Hoff thanked Mr. Swanson for an opinion regarding that the City could provide toilets to the Springfest celebration (unofficial event that takes place in University Park) without incurring significant liability.
9) Council Member Bjerke commented on an article in the newspaper relating to the loss of 3 departments heads where he thought there was misquote by Human Resources, and presented to council the matter of written policy for how they deal with the media, should have a City spokesman and if debate policy issues in the media that’s up to the elected officials or official spokesman of the City, that it’s time to end the ad hoc comments from city employees on policies or policy issues, but not the role of employees to bring up disagreements with employer in the media. The matter was referred to the finance committee.
10) Council Member Bjerke stated that the Mayor, Mr. Kreun and Mr. Gershman who will be representing the City on the Corps of Engineers partnering sessions, and that all of that $5 million are going to be approved by the council and asked that they not commit the City to a betterment project that the council has not voted on. Council Member Kreun stated they would be prudent with tax dollars under their control and all decision will come to the full council prior to any commitment to the group.
11) Council Member Brooks stated that he has some concerns re. remapping of the flood plain, the City needs to be pro-active on this matter.
12) Council Member Bakken stated that they need to have a goal and a mission statement, somewhere they should be heading, milestones to judge their progress and do what’s good and best for the citizens of the whole community and area.
13) Council Member Bakken stated we need to do something about the leaving of good people from our city government, good people are hard to replace.
14) Council Member Christensen stated he has been approached by business people who would like to have the special assessments that are going to be allocated for the dike done soon as it is in their budgeting process, and should encourage Special Assessment Commission to move forward on that as there will be a lot conversation concerning which way they go on the allocation.
DEFEAT MOTION TO ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Bjerke that we do now adjourn until Monday, October 23, 2000. Upon roll call the following voted “aye”: Council Members Bjerke, Bakken, Babinchak - 3; voting “nay”: Council Members Gershman, Glassheim, Burke, Hamerlik, Hoff, Brooks, Kreun, Klave, Christensen - 9. Mayor Brown stated that the motion was defeated.

COMMENTS FROM INDIVIDUAL

Bill Hoffman. 1014 Oak Street, read comments relating to the behavior of city council members, that council meetings have become the in-thing to watch, that the posturing for power, rudeness to those who appear before the council, and some of the general comments made by council persons are reprehensible and need to stop, that they are not necessary and decrease the valuation of your very own professionalism.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that we do now adjourn until Monday, October 23, 2000. Carried 12 votes affirmative.

Respectfully submitted,

Saroj Jerath
Deputy City Auditor

Approved:
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Michael R. Brown, Mayor