City of Grand Forks, North Dakota

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17323
November 6, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 6, 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, November 6, 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, Christensen, Klave, Bakken, Kreun - 11; absent: Council Members Lunak, Babinchak, Martinson - 3.

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.

PRESENTATION OF GIFT TO THE CITY BY WIDSETH,
SMITH, NOLTING

Richard Helland, Widseth, Smith & Nolting, presented picture of Town Square to the City, and stated that the project could not have been possible without the participants in the project, which included the firm of Widseth, Smith & Nolting, Rose & Associates and Akers International, and also included the downtown workshop people, the Downtown Development Commission, the Office of Urban Development and the city council members, and also a number of talented trades that worked on the project to make it a reality. He thanked the council for having them work on the project. Mayor Brown thanked Mr. Helland.

BRIEF PRESENTATION BY ND GAME & FISH
DEPARTMENT

Doug Lehr, ND Game & Fish Department, presented brief presentation of their department, that the Game & Fish is the primary agency responsible for managing the fish and wildlife across the State of North Dakota, and stated that he works in the Red River Valley area where he is primarily responsible for public relations and promotion of departmental programs and projects up and down the Red River Valley area. He stated the Game & Fish Department is very enthused about continuing their work with the City of Grand Forks on the greenway project. He stated the Game and Fish Department manages their fish and wildlife resources through habitat management, enhancement of habitat manipulations, fish stocking and a vast array of different projects and programs that they have at their disposal to better the wildlife resource and outdoor recreational areas; that they see countless and endless opportunities where they can enhance the greenway and see their role as plugging into different projects and different areas up and down the greenway where they can also promote improved habitat and outdoor recreational programs. He commented on various programs and activities that they have done in other cities, and on what they have done with the greenway, that through their missions and woodland habitat program and the Red River Riparian project, have already allocated $3,500 for an initial tree planting in the greenway, and have with GPS mapped specific sites along the Red River in Grand Forks for future shore fishing development, boat ramps and docks, improving access to the river. He stated that people want to enjoy outdoor activities (hunting, fishing, backpacking, birdwatching, camping, canoeing) and until now have to go out of town (along with their checkbooks); and that we have an opportunity for the flood protection of the greenway, the benefit that its been implemented for, and also have another benefit that we are looking for, the outdoor recreation and enhancement of educational possibilities, and if design a greenway it serves as a magnet to draw people, and these areas are used constantly. He stated that the Game & Fish Department is committed to continuing their work with the Greenway Alliance and the vast array of entities involved in the greenway project; that at this time the Game & Fish Department is not in a position to commit x amount of funds for the greenway project but want to tell the council that they have the different array of projects and programs and would like to assist with the design, development and implementation of an area. He stated if they would like further information to contact him, Lynn Slater and/or John Schultz. Council Member Kreun stated they are looking forward to working with the Game & Fish Department along with our greenway division and incorporating all the other groups involved in the community too, and appreciated his comments and willingness to work with us.

FLOOD REPORT

Al Grasser, acting city engineer, reported that the Corps of Engineers has submitted the alignment refinement design documentation report and this finalizes the alignment through town and also finalizes the dike elevations (some lowered in the north end and some raised in the southend of town), this resulted in some minor increases in land purchases but to date found no additional properties that will have to be taken. Stanley Consultants continues to work on the design of the first phase of the levees, demolition of the BN bridge is underway, Pioneer Construction is working on the Riverside Dam (until the water rose), HDR Engrs. is working on the English Coulee Diversion R/W and the plans and specs. are tentatively scheduled for award in March, 2001. He stated that the Corps is also contracting with Ayres Associates for design of the English Coulee pumping station (pumps out the Coulee by RDO). He stated that the City has awarded a contract for L.S. #1 and #5 in Lincoln Park and construction underway on both of those; and also awarded construction contract for 2 sewer forcemains and water transmission line along the English Coulee. President Clinton signed the energy and water appropriations bill into law on October 27 and that puts $13 million for the Grand Forks/East Grand Forks flood protection project in fiscal year 2001. He stated that on the acquisitions area, still have 5 homes left and partial takes for Phase I levees, and an issue to be resolved with the Almonte Nursing Home, and that will go to the next public service committee meeting. He reported that the community green public meeting will be held on November 16 and public is invited to come and look at the draft plans for the community green, Phase I of the utility cleanup will be addressed by the council tonight; and still working on interim flood protection and removing the contaminated dirt at the Xcel Energy site and those efforts hampered by the weather. He stated that the southend update re. special assessments - that the extreme southend of the city, dike alignment that has currently been approved by the general evaluation report follows County Road 8 to Merrifield Road and then proceeds west until it ties in with the high ground (current approved alignment) and when this alignment came out there were several concerns raised by neighborhood groups in the far southend in the Burke Addns. and since then several studies have been undertaken to determine alternative alignments to see which ones possible, and the City has Barr Engineering under contract to complete a study on the geotechnical and hydraulic feasibility of some of those different alignments, and the City is waiting for the engineering report and when receive that, will continue discussion with the neighborhoods. He stated that the Special Assessment district was drawn up and approved by the city council on July 1999, because there was and still is some uncertainty to the alignment all the area currently outside the city limits were included as a future assessment district, and this provides notification to current or prospective owners that there is a possibility of future assessments in the area, and leaves the door open for the possibility of the County doing an assessment out there. He stated that these areas will not be special assessed by the City for this project until three things happen: 1) the City would need to annex the area, 2) the assessment district would need to be modified to include them and 3) the Special Assessment Commission would need to determine that they receive a benefit and two of those actions would be accomplished by the city council. He commented on update on some past meetings, did have a partnering session with the Corps of Engineers on October 18 and there will be a synopsis prepared and distributed; and noted that they have 3 public input sessions coming up for residents to view the levee design concept, those will be held Tuesday, November 14 at Phoenix Elementary School; Thursday, November 16 at city council chambers; and Tuesday, November 21 at the civic auditorium and will be getting individual neighborhood notifications.

Council Member Burke stated that the Greenway Division has been meeting on a regular basis with the Park District to discuss cooperation on the management of the greenway and activities, etc. and asked in the greenway update that they provide a regular update on the status of those discussions and what discussion points are and resolutions being arrived at.

Council Member Bjerke questioned time of the committee of the whole meeting re Community Green on Monday, November 27 at 7:00 p.m. and under greenway they are meeting at 5:00 o’clock that night; and asked if they could make that later for those who work until 5:00 p.m. Council Member Bjerke requested the meeting be scheduled for 6:30 p.m., Council Member Brooks seconded the motion.

Mr. Grotte stated the deadline for holding public meetings to discuss preliminary designs of the dike over the next couple weeks and date to get back to the Corps of Engineers is 29th of November.

Council Member Kreun stated that in the information that was sent out, and during their partnering session these were some of the problems that they encountered and in order to save the community $5 to $7 million per year in flood insurance premiums and to do the remapping, this is part of the shortening of the construction project as far as the levee goes and they are asking the public to come with the questions and have suggestions and be able to make the decisions without going back 2 and 3 weeks to deliberate on them; and want them to come with the available information and to have some decisions and ideas on how this can be accomplished so they can shorten the construction project and save some monies. Council Member Christensen stated they should have an agenda published, information available to the public so they would be in a position to comment on proposals (have pictures of floodwalls, proposed art for floodwalls, etc.). Mr. Grasser stated this section was purposely selected because it didn’t have any floodwalls on it, looking at levees and the primary thing for the residents to look at in the different areas might be the architecture of the lift stations, (lift station in each section), that they don’t have the drawings for the floodwalls and there will be time to do that, and are trying to get that information as early as can; that they are under a tight timetable but did try to select this first phase to be relatively non-controversial, basically the earthen levee type sections. Mr. Grotte stated there are no floodwalls in this area and to get a sense of what things will look like - there will be further reviews, this is mainly to look at park benches, lamp posts, etc. used throughout the project, closure for roads. He stated it is a three-week review period.

Council Member Brooks and Bjerke stated they would accept a friendly amendment to change the time to 6:00 p.m. on November 27, 2000. Carried 11 votes affirmative.

APPROVE MINUTES OCTOBER, 2, 16 AND 23, 2000

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, October 2, 2000, the adjourned meetings held on Monday, October 16 and Monday, October 23, 2000, were presented and read. Council Member Bjerke noted that corrections needed to be made on October 2 at the top of page 2, motion carried 13 votes affirmative; on October 16, page 3, motion should be 12 votes affirmative rather than 13; and on October 23, page 12, under motion to approve assessments for Sewer Project No.4939.0, Bjerke voted no. It was moved by Council Member Brooks and seconded by Council Member Klave that the minutes be approved as corrected. Carried 11 votes affirmative.

SUSPEND AGENDA TO CONSIDER SENIOR CITIZENS
BUS OPTIONS

Council Member Burke moved to suspend the agenda to consider the matter of the Senior Citizens bus service options; Council Member Hamerlik seconded the motion. Carried 11 votes affirmative.

The Bus Committee reported having to move forward with options of the Senior Citizens bus service and review the information October 26 and make a decision to move forward at that time. It was moved by Council Member Bakken and seconded by Council Member Hamerlik

Richard Warne, administrative coordinator, reported the senior citizens bus issue had been referred to staff (Todd Feland, Roger Foster and himself), that through September the council provided $20,000 in funding to support the senior citizens bus service; that on September 18 the council voted to appropriate $29,000 for financial support to the senior busing system through December 31, 2000 and voted to provide $58,000 in FY2001 budget for the senior bus service, and asked that the senior bus service be integrated into the City’s public transportation system and that it be referred to staff for recommendation and a date certain as to when implementation can take place. He reported that the staff’s recommendation was as follows: That Grand Forks continue to provide a bus system in Grand Forks and East Grand Forks, this is primarily the fixed route system and there’s a study now that may change it from a fixed route to a deviation route, that the City operate the senior bus service and integrate it into the Grand Forks City Public Transportation System; that we use the current senior citizen bus service vehicles and drivers, provide the same level of passenger service as existing service, that we charge the same amount that has been heretofore charged, which was $1.00, the Bus Committee recommended that we charge $1.25 if a single ticket is purchased and $1.00 if tickets purchased in groups of 10 and continue to provide the current dial-a-ride service through the two taxicab companies that currently operate in Grand Forks.

Mr. Warne noted that on page 4 of the report that by proceeding in this manner the City’s contribution would be $28,952.00 which is just under $30,000 less than what the city council had decided to do on September 18, that they propose to operate the system for an annual cost of $68,396.00 and is approximately a $44,000 decrease from what the Senior citizens Center is currently operating the system for (because of the economies of scale that the City can achieve - by purchasing gasoline and no state or federal taxes, have our mechanics so can service the vehicles, buy parts for less, and can operate the exact same system that’s in place except the City would operate instead of the Senior Citizens Center. He stated this proposal has been presented to the Senior Board and they voted unanimously to support it, and in addition to that the Bus Committee voted to recommend it to the city council. He stated that this afternoon an issue has been raised as it relates to the Americans with Disabilities Act, whether or not the City can charge a different rate as opposed to what we are charging for the dial-a-ride; doesn’t think there is a violation but can will review that with the city attorney.

Council Member Hamerlik stated that at the committee meeting he raised questions as to other sources of income - grants and Medicare, which would reduce the amount that the City would be obligated if either of those came through. Mr. Warne stated they have reviewed that and it is outlined on page 4 in the financial statement. Mr. Foster stated he had been in contact with Mr. Terry Wetzel, Director of Medicade, and what they are able to do to realize that revenue is to establish a list and send that to the State Office of those individuals who are going to medical or clinic appointments and be able to get a full refund of our operating costs. Mr. Foster stated he did contact the Federal Transit Administration and difference in rates is not an issue since this is a special bus service, so not an issue the difference in cost, St. Cloud does the same thing.
Mr. Warne stated they would do the legal research in the next couple weeks and bring it back at the next meeting; and thinks we should resolve the issue before we act and his recommendation would be that tonight we answer any questions on the proposal, that do the appropriate legal research and put it on the agenda for next week.

There was some discussion as to what to do with the proposed savings and Mr. Warne suggested leaving the money there because at some point purchase new vehicle and given the federal match, that $30,000 would buy approx. 2 or 3. Mr. Feland stated that their estimates are good but that we haven’t run the system and when look at the Medicade and the revenue from the fare box, estimating those upon customers that they currently have, and should have a little cushion.

Howard Swanson, city attorney, stated he raised the question some time ago and that when he and Mr. Foster spoke the question was not with regard to a discrepancy in fare but whether or not the City could provide the service, that he has no information as to what federal agencies opinion is or how exactly St. Cloud is looking at, and not in a position that he can tell the council with any degree of certainty that it does not violate the ADA, and has a question and raised it much earlier than today, and would be very interested in knowing more of Mr. Foster’s conversation; as far as whether the council wants to move forward or not, he agrees with Mr. Foster, the issue is not whether you can provide the service, clearly that is within your authority to do so, the question is a fare/rate question.

Council Member Klave questioned using current senior citizen vehicles and drivers or hire the same, and asked if their employees would now become employees of the City of Grand Forks and integrate them into our system; Mr. Warne stated that would be the plan and would have to work through that with Human Resources Department but would transfer their employees and vehicles over to us.

Council Member Bakken stated that the cost that the staff has gotten may or may not be good numbers, because they haven’t done it yet; but there are going to be some issues coming up on bus replacement, kind of buses we replace and cost; and if looking long range on the City doing this, that it’s going to be an increasing cost; and bear in mind for future budgeting, that dial-a-ride will increase and even though received federal money, still have to match their funds.

Council Member Hamerlik stated that at the last meeting they approved $58,000 and approved the program to work with Senior Citizens and instructed the staff to work out the details; Option A, saving the City nearly $30,000 by the plan they have organized and presented to us, respect the need to make sure we are in compliance with ADA, etc. and suggested that we vote on this and in the event by the next meeting we find that we are in some line of jeopardy, we can have a motion to reconsider; and moved and called for the question. Council Member Gershman seconded the motion. Carried 11 votes affirmative.

Upon voice vote, the motion carried.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE TEXT OF THE LAND
DEVELOPMENT RELATING TO WIRELESS COMMUNI-
CATION TOWERS AND ANTENNAS TO DECEMBER 18

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

Mayor Brown called for the public hearing; there were no comments and the hearing was closed.

Council Member Gershman stated that on page 9 (3) (A) there doesn’t seem to be any controls to the number of towers that could be put up anywhere, that he has concern about that and asked that they consider adding to that some controls over the number of towers within a given area.

COUNCIL MEMBER HOFF EXCUSED

Dennis Potter, city planner, stated that the suggestion is acceptable and that they will look at that.

The city auditor presented and read the recommendation from the Planning and Zoning Commission that that they had considered the request 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 18-0209 R-2 (One and Two Family Residence) District, Section 18-0210 R-3 (Multiple Family Residence- Medium Density) District, Section 18-0211 R-4 (Multiple Family Residence, High Density) District, Section 18-0212 R-5 (Mobile Home Residence) District, Section 18-0213 R-M (Manufactured Home Residence) District, Section 18-0214 B-1 (Limited Business) District, Section 18-0215 B-2 (Shopping Center) District, Section 18-0216 B-3 (General Business) District, Section 18-0217 B-4 (Central Business) District, Section 18-0218 I-1 (Light Industrial) District, Section 18-0221 U-D (University) District, Section 18-0303 Height, Section 18-0310.1 relating to wireless communication towers and antennas, and recommended tabling the request until the December 6, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Kreun and seconded by Council Member Klave to approve the recommendation and to continue the public hearing and second reading of the ordinance to December 18, 2000. Carried 10 votes affirmative.

ADOPT ORDINANCE NO. 3865, RELATING TO THE
EVENTS CENTER COMMISSION

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 had been introduced and passed on its first reading on October 16, 2000, was presented and read for consideration on second reading and final passage.

Council Member Hamerlik reported that the Events Center Core Committee recommended to amend the ordinance to delete (A) under Section 24-0202, (2), and re-letter accordingly if the city attorney concurs, that the city attorney has concurred, and that under (2) Limitation upon exercise of powers. (A) read “Any contract for alterations, additions or modifications to the realty and facilities, other than routine maintenance items, shall be subject to approval by the city council; and moved to delete (A) under Section 24-0202 (2) and re-letter accordingly. Council Member Klave seconded the motion.

COUNCIL MEMBER HOFF REPORTED BACK
Council Member Christensen clarified the redundancy in the ordinance, and stated that the Events Center Commission would be charged with operating the Events Center based upon the budget they submit to the city council and approved by the council, and this ordinance calls for a capital improvement portion of their budget, that they would be operating within the budget that the city council has approved and the capital improvements. He stated that if we want to maintain council control over modification of the realty or facilities, we could include “any contract for alterations, additions or modifications to the realty and facilities other than approved in the budget shall be subject to approval by the city council.”

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

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3866, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF SERVICE 4TH SUBDIVISION TO THE CITY

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 he plat of Service 4th Subdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on October 16, 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 city auditor reported that the Planning and Zoning Commission had reported having considered the matter of the request from Pribula Engineering on behalf of John and Irene Campbell for final approval of the plat of Service 4th Subdivision to the city of Grand Forks, North Dakota, being a portion of the NW ¼ of the NE ¼ and the NE ¼ of the NW ¼ of Section 32, T152N, R50W of the 5th Principal Meridian (located south of 27th Avenue North between North 32nd and North 34th Streets), 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 Klave. Carried 11 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, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3867, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF SERVICE 4TH SUBDIVISION

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 had been introduced and passed on its first reading on October 16, 2000, and upon which public hearing had been scheduled for this evening, was presented and read for 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.

The city auditor reported that the Planning and Zoning Commission had reported having considered the matter of request from Pribula Engineering on behalf of John and Irene Campbell 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 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 final approval and passage of the ordinance amending the zoning map. The recommendation was moved by Council Member Kreun and seconded by Council Member Klave, Carried 11 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, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF STORM SEWER RESERVE
REVENUE BONDS, SUBORDINATE SERIES 2000C TO
FINANCE THE UNDERTAKING OF AN EXPANSION AND
IMPROVEMENT TO THE MUNICIPAL STORM SEWER UTILITY

The city auditor reported that the notice to the public that the City proposes to construct storm sewer system improvements as follows: land acquisition for southend drainway and portion of public works facility renovation, that the estimated cost of the improvements is $1,075,000, and that the City proposes to issue bonds to defray the above estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 6, 2000 meeting, had been published as required; and further that no protests had been filed with his office.

Mayor Brown called for the public hearing; there were no comments and the hearing was closed. .

It was moved by Council Member Hamerlik and seconded by Council Member Gershman to declare an insufficiency of protest against the issuance of such bonds. Carried 11 votes affirmative.

Committee No. 1, Finance, reported having considered the award of sale of bonds: $1,075,000 Storm Sewer Reserve Revenue Bonds, Series 2000C, and recommended approval of the resolution authorizing the issuance and awarding the sale of Storm Sewer Reserve Revenue Bonds, subordinate Series 2000C to finance the undertaking of an expansion and improvement of the Municipal Storm Sewer Utility and award the sale to Dain Rauscher at an interest rate of 5.2978059%.

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

The city auditor reported that a proposal for the purchase of the $1,075,000 Storm Sewer Reserve Revenue bonds, Subordinate Series 2000C (the “Bonds”) of the City had been received from Dain Rauscher Incorporated in Chicago, Illinois, and associates and the purchase price, interest rates and net interest cost under the terms of such proposal were found to be as follows: $1,058,875.00, 5.2978059%.

Council Member Hamerlik introduced the following resolution authorizing the issuance and awarding the sale of Storm Sewer Reserve Revenue Bonds, Subordinate Series 2000C: Document No. 8050 -Resolution.

Upon vote being taken thereon, the following voted in favor thereof” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF WATER RESERVE
REVENUE BONDS, SERIES 2000D TO FINANCE THE
UNDERTAKING OF AN EXPANSION AND IMPROVEMENT
TO THE MUNICIPAL WATER UTILITY; AND ADOPT
SUPPLEMENTAL RESOLUTION RELATING TO $7,895,000
WATER RESERVE REVENUE BONDS, SERIES 2000D TERM
BONDS

The city auditor reported that the notice to the public that the City proposes to construct water system improvements as follows: 7 mg tank modifications water meter replacement, distribution improvements and public works facility renovation, that the estimated cost of the improvements is $7,895,000, and that the City proposes to issue bonds to defray the above estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 6, 2000 meeting, had been published as required; and further that no protests had been filed with his office.

Mayor Brown called for the public hearing; there were no comments and the hearing was closed. .

It was moved by Council Member Hamerlik and seconded by Council Member Gershman to declare an insufficiency of protest against the issuance of such bonds. Carried 11 votes affirmative.

Committee No. 1, Finance, reported having considered the award of sale of bonds: $7,895,000 Water Reserve Revenue Bonds, Series 2000D, and recommended approval of the resolution authorizing the issuance and awarding the sale of Water Reserve Revenue Bonds, Series 2000D to finance the undertaking of an expansion and improvement of the Municipal Water Utility and award the sale to Dain Rauscher at an interest rate of 5.3595%.

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

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $7,895,000 Water Reserve Revenue Bonds, Series 2000D (the “Bonds”) of the City bids for which were to be considered at this meeting as provided by resolution adopted September 5, 2000. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 1 sealed bid and 2 electronic bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8050.1 - Bid Tabulation.

Council Member Hamerlik introduced the following resolution and moved its adoption, which motion was seconded by Council Member Gershman: Document No. 8050.2 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8050.3 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun, Burke - 11; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING THE SALE OF SANITATION RESERVE
REVENUE BONDS, SERIES 2000E TO FINANCE THE
UNDERTAKING OF AN EXPANSION AND IMPROVEMENT
TO THE MUNICIPAL SANITATION UTILITY

The city auditor reported that the notice to the public that the City proposes to construct sanitation system improvement as follows: construction of solid waste baling facility, that the estimated cost of the improvements is $4,255,000, and that the City proposes to issue bonds to defray the above estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 6, 2000 meeting, had been published as required; and further that no protests had been filed with his office.

Mayor Brown called for the public hearing; there were no comments and Mayor Brown declared the hearing closed. .

It was moved by Council Member Hamerlik and seconded by Council Member Gershman to declare an insufficiency of protest against the issuance of such bonds. Carried 11 votes affirmative.

Committee No. 1, Finance, reported having considered the award of sale of bonds: $4,255,000 Sanitation Reserve Revenue Bonds, Series 2000E, and recommended approval of the resolution authorizing the issuance and awarding the sale of Sanitation Reserve Revenue Bonds, Series 2000E to finance the undertaking of an expansion and improvement of the Municipal Sanitation Utility and award the sale to Dain Rauscher at an interest rate of 5.3712%.

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

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $4,255,000 Sanitation Reserve Revenue Bonds, Series 2000E (the “Bonds”) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 5, 2000. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 1 sealed bid and 2 electronic bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8050.4 - Bid Tabulation.

Council Member Hamerlik introduced the following resolution an moved its adoption, which motion was seconded by Council Member Gershman: Document No. 8050.5 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION VACATING A PORTION OF
KITTSON AVENUE LOCATED BETWEEN SOUTH 4TH
AND SOUTH 5TH STREETS

The city auditor reported that pursuant to instructions by the city council after having received a petition 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 Lot 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, adjacent to Lot B, Block 27 of said Replat of Town of Grand Forks, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.
Mayor 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.

It was moved by Council Member Kreun and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 11 votes affirmative.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8051 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF 8TH
AVENUE NORTH LYING SOUTH OF BLOCK C AND
NORTH OF LOTS 1 AND 2, BLOCK 59, ALEXANDER AND
IVES ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition 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, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.

Council Member Klave introduced the following resolution which was presented and read: Document No. 8052 - Resolution.

It was moved by Council Member Kreun to amend the resolution to retain a 10 ft. sidewalk utility easement and roadway easement adjacent to the North Washington Street right of way. The amendment was seconded by Council Member Klave. Carried 11 votes affirmative.
It was moved by Council Member Klave and seconded by Council Member Kreun that this resolution, as amended, be and is hereby adopted. Carried 11 votes affirmative.

REFER APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1527 CHESTNUT PLACE, AND
SALE OF LOT BACK TO COMMITTEE

The city auditor reported that the notice of public hearing on the application by Peggy Sherven to move a building from 101 Euclid Avenue to 1527 Chestnut Place to be used as a residence and garage 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.

Council Member Gershman reported he had received a telephone call from Art Grabowski, who stated that he and other neighbors had concern about the architecture of the building and does not blend into the neighborhood and asked that this go back to committee for consideration so neighbors could have some input.

Council Member Christensen and Council Member Gershman asked that this go back to committee along with the item regarding the sale of surplus lots, 1527 Chestnut Place, to Urban Development Committee. Upon voice vote the motion carried.

REPORTS OF OFFICERS

The city auditor presented and read the investment report as of October 31, 2000. It was moved by Council Member Kreun and seconded by Council Member Klave to receive and file the report. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-19, dated November 6, 2000, and totaling $2,249,656.36, 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, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

INTRODUCE ORDINANCES INCREASING 2001 UTILITY
RATES FOR WATER, WASTEWATER, STORMWATER AND
SANITATION

Committee No. 1, Finance, reported having considered the matter of 2001 utility rate increases for water, wastewater, stormwater and sanitation, and recommended approval of the 2001 utility rate increases.

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

Council Member Klave introduced an ordinance entitled “An ordinance amending Section 15-0115(1), 15-0115(2), 15-0115(3), 15-0116(1), 15-0116(2), 15-0301, 15-0304(2) (F), 15-0117.1(2), 15-0117.1(4), 13-0408(4), and 13-0502(1) of the Grand Forks City Code relating to rates for water, wastewater, storm sewer and sanitation”, which was presented, read and passed on its first reading.

APPROVE REQUEST BY EMPLOYEE FOR VACATION
CARRYOVER BEYOND CURRENT ACCRUAL

Committee No. 1, Finance, reported having considered the request by employee for vacation carryover beyond current accrual, and recommended approval of the vacation carryover for Al Grasser and that it be caught up by December 31, 2001.

It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be and is hereby approved. Carried 11 votes affirmative.
APPROVE BUDGET AMENDMENT

A request from the Mayor’s Office, Administrative Coordinator, for budget amendment in the amount of $44,000.00 to cover expenses for FY 2000 (one quarter of expenses for year 2000), was presented and read. It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE OUTLINE FOR CONSIDERATION OF
EMPLOYMENT AGREEMENTS

Committee No. 1, Finance, reported having considered the outline of department head employment agreement contents, and recommended to approve the outline for consideration of employment agreements.

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

INTRODUCE ORDINANCE RELATING TO CHARGES
WHEN PAYABLE, SHUTTING OFF WATER

Committee No. 1, Finance, reported having considered the matter of ordinance amendment, Section 15-0118(2), Charges; When Payable, Shutting Off Water, and recommended to approve the ordinance amendment as presented.

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

Council Member Gershman stated that to increase water shut off fees and service to re-instate, that this is a regressive tax, that it will hurt the people that lease afford it, and asked council to reconsider this and deny the increase in fees.

After some discussion Council Members Bjerke and Brooks moved for the question. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hamerlik, Burke, Christensen, Klave, Bakken, Kreun - 8; voting “nay”: Council Members Hoff, Glassheim, Gershman - 3. Mayor Brown declared the motion carried.

Upon call for the question and upon voice vote the motion carried 10 votes affirmative; Council Member Hoff voted against the motion.

Council Member Klave introduced an ordinance entitled “An ordinance amending Sections 15-0118(2) of the Grand Forks City Code relating to charges; when payable; shutting off water”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE PROVIDING FOR THE
PARTICIPATION OF MAYOR OR CITY COUNCIL MEMBERS
BY TELEPHONE VIDEO OR OTHER ELECTRONIC MEANS
IN CITY COUNCIL MEETINGS

Committee No. 1, Finance, reported having considered the ordinance amending Section 2-0301 providing for the participation of the mayor or city council members by telephone, video or other electronic means in city council meetings, and recommended approval of the amendment with changes discussed.

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

Council Member Burke expressed concern that this will provide for more disruptive meetings, not having people in attendance, and in some cases provide for people to participate who otherwise make a conscious decision not to be there in favor of some other activity, incur additional expenses for the City, shipping council packets to other locations, phone charges and have phone system that would accommodate such participation.

After considerable discussion Howard Swanson, city attorney, stated that under the draft ordinance before council, that if member participating electronically they would both be counted toward the quorum requirements and their votes when cast would be counted as if physically present.

Council Members Gershman and Bjerke called for the question. Upon voice vote the motion carried.

Upon roll call the following voted “aye”: Council Members Bjerke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 7; voting “nay”: Council Members Hoff, Hamerlik, Burke, Brooks - 4. Mayor Brown declared the motion carried.

Council Member Klave introduced an ordinance entitled “An ordinance amending Section 2-0301 of the Grand Forks City Code heretofore effective providing for the participation of the mayor or city council members by telephone, video or other electronic means in city council meetings”, which was presented, read and passed on its first reading.

APPROVE HOLIDAY BONUS FOR EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of employees’ holiday bonus, and recommended to approve a holiday bonus of four hours for contracted and benefited temporary as well as permanent employees, to be taken between December 1 and February 1 and if unusual situations occur, the administrative coordinator can grant exceptions.

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

Council Member Burke questioned the cost of this bonus.

The city auditor reported that in the past there was an actual dollar cost starting at $10.00 and moving up to $20.00, and several years ago the council moved to a holiday bonus type plan where the employees would get 4 hours to be taken by a certain point in time with the provision that the department heads review that and make sure that cost be minimized to the extent as much as possible to have no cost by scheduling correctly so that if an employee was gone they did not have to be replaced, and there is minimal if any cost on this type of plan.

After some discussion Council Members Brooks and Bjerke called for the question; motion carried 10 votes affirmative, Council Member Burke voted against the call for the question.

Upon voice vote the motion carried 10 votes affirmative; Council Member Burke voted against the motion.

REFER PROPOSED REVISED CITY COUNCIL MEETING
PROCEDURES AND APPROVAL PROCESS AND REVIEW
OF PROPOSED DELEGATIONS TO STAFF TO SPECIAL
MEETING AS COMMITTEE OF THE WHOLE

Committee No. 1, Finance, reported having considered the proposed revised city council meeting procedures and approval process, review of ordinance and proposed delegations to staff, and recommended approval. Motion for approval by Council Member Gershman and Bjerke.

Committee No. 2, Public Safety, reported having considered the matter and recommended to approve the following wording changes: under Claims and Lawsuits, include “mayor”, under Extended Employee Leave change “or” to “and”, and under Employee Job Descriptions, change “City” to “Administrative”. Motion for approval by Council Members Babinchak and Bakken.

Committee No. 3, Public Service, reported having considered this matter and recommended to adopt documents as dated October 23, 2000 and that the item re. Utility Line Relocation include language to include appeal to city council as well as to administrative coordinator or mayor. Motion for approval by Council Members Klave and Hoff.

Committee No. 4, Urban Development, reported having considered this matter and recommended approval of the proposed revised city council meeting procedures and approval process - review of proposed delegations to staff with the following amendments: under Item #3 - Agenda, that it “shall be delivered to the Mayor” and Item #4 “the order of business shall be determined by the Mayor in consultation with administrative coordinator and department heads”, that the appeal process be clarified and that it take place in an expeditious fashion (two weeks) and add the appropriate department to be charged with the area under consideration. Motion for approval by Council Members Christensen and Burke.

Council Member Brooks questioned the matter of change orders - that no city council action required if the total dollar amount of change order does not exceed 15 percent, that he felt that 15 percent was too high, and that 5 percent would be appropriate; and moved an amendment to the resolution to change the amount under change orders from 15 percent to 5 percent. Council Member Gershman seconded the motion. Upon voice vote, the motion carried.

Council Member Christensen stated that premature in adopting the resolution this evening as they are working towards the first reading of the ordinance, that they have the ordinance to modify the procedure, that there is a two weeks process and resolutions need more work, and recommended that they have first reading of the ordinance, defer acting on the resolution, have additional input and consider when have the second reading of the ordinance.

Council Member Kreun stated that before voting on Council Member Brooks’ motion, he would be inclined to agree with Council Member Christensen, need more discussion on why they did that, and should bring that back to committee before reducing it to 5 percent.

Richard Warne, administrative coordinator, reported they’ve taken the 33 items to be delegated and have gone through the committees twice and have prepared a resolution that would implement the latest guidance and are prepared to continue that discussion. He stated if they choose to delegate, they would begin implementing the process.

Council Member Hamerlik stated that a committee of the whole or special meeting so they could take action, that if have committee of the whole all members of the council who were present could vote on recommendation to the council, that we do not need committee of the whole, maybe special council meeting, and moved that we meet next Monday for this particular item and have that as the only item on the agenda. Council Member Gershman seconded the motion.

Mr. Swanson, city attorney, advised that if the council wanted to act separately upon the resolution for delegation as opposed to the first reading, the appropriate motion would be to divide the question, assuming that motion passed, you would then have two separate matters for you to act upon - 1) being the preliminary approval of the ordinance and 2) action on the resolution.

Council Member Bjerke and Council Member Hamerlik moved to the question to vote on the Monday night meeting. Carried 11 votes affirmative.

It was moved by Council Member Klave and seconded by Council Member Christensen to meet on Tuesday evening at 7:00 p.m. Carried 11 votes affirmative.

It was moved by Council Member Christensen and seconded by Council Member Bjerke to table the matter of the proposed revised city council meeting procedures and approval process, and review of ordinance and proposed delegations to staff, to Tuesday, November 14, at 7:00 p.m. Carried 11 votes affirmative.

APPROVE FUNDS FOR FIRST NIGHT EVENT

Committee No. 1, Finance, reported having considered the matter of First Night funding, and recommended approval to use $25,250.00 of excess sales tax to get them through this year.

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

Council Member Gershman moved to amend the motion to transfer $20,000 from the River Forks Commission money for First Night this year; that this is the type of event that this money was meant for. Council Member Bakken seconded the motion.

Council Member Kreun stated that he talked with Mr. Beauchamp, president of the East Grand Forks city council, and they indicated that they wanted to be a part of this project and they would commit $5,000.00 from East Grand Forks to make up the $25,000.00 difference; and that they would like to reciprocate with another event in the future to bring the two communities and the downtowns together.

Council Members Christensen and Kreun moved to the question. Carried 11 votes affirmative.

Upon call for the question on the amendment and upon voice vote, the motion carried 10 votes affirmative; Council Member Bjerke voted against the motion.

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

Council Member Gershman stated that there was $158,000 in the River Forks budget, money that was returned to the City and with this action there is $138,000 and asked to refer that matter back to the Urban Development Committee for consideration of doing the following: that $100,000 of the River Forks money be set aside for 2001 for special events in Grand Forks, and that a procedure be set to decide what those are, and be able to reciprocate to East Grand Forks (ie., Catfish Days, etc.); and requested consideration that the remainder of the money, $38,000, be given to the North Valley Arts Council to regrant to the arts community in Grand Forks that was devastated after the flood, that they have not received any money from the City for almost four years, that other cities in North Dakota and Minnesota have granted money for their arts community. It was noted that this is an item to be referred under New Business.

COUNCIL MEMBER GERSHMAN EXCUSED

APPROVE GRANT AGREEMENT WITH ND DEPARTMENT
OF HEALTH FOR TOBACCO PREVENTION AND CONTROL

Committee No. 2, Public Safety, reported having considered the matter of the North Dakota Department of Health Tobacco Prevention and Control Grant Amendment with the Health Department, $50,000 for period August 31, 2000 to June 30, 2001, and recommended approval of the grant amendment.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment by the Police Department in the amount of $1,586.00 to reflect grant for Juvenile Officer (employee employed by the County) for September, 2000, was presented and read.

A request for budget amendment by the Police Department in the amount of $2,940.75 to reflect grant reimbursement from Bureau of Alcohol, Tobacco & Firearms for GREAT training, was presented and read.

A request for budget amendment by the Police Department in the amount of $10,000.00 to reflect reimbursement of grant funds for overtime expenses incurred for Cops in Shops, was presented and read.

A request for budget amendment by the Police Department in the amount of $3,900.46 to reflect reimbursement of grant funds for overtime expenses incurred for saturation patrol, was presented and read.

A request for budget amendment by the Police Department in the amount of $1,893.36 to reflect reimbursement of grant funds for overtime expenses incurred for seatbelt enforcement, was presented and read.

A request for budget amendment by the Health Department - Care Coordination Grant in the amount of $10,000 to reflect unanticipated income, was presented and read.

A request for budget amendment by the Health Department in the amount of $1,455.00, to reflect new CSCC revenue, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Kreun that these budget amendments be and are hereby approved. Carried 10 votes affirmative.

APPROVE REQUEST FROM NORTH VALLEY ARTS
COUNCIL TO HOLD LIGHT PARADE ON DECEMBER 2, 2000

Committee No. 2, Public Safety, reported having considered a request from North Valley Arts Council to hold a light parade on Saturday, December 2, 2000 in downtown area, and recommended approval of the request.

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

ADOPT RESOLUTION REQUESTING THE ARMY CORPS
OF ENGINEERS COMPLETE THE FLOOD PROTECTION
SYSTEM BY 2004 AND THAT FEDERAL EMERGENCY
MANAGEMENT AGENCY DEVELOP ACCURATE FLOOD
RATE INSURANCE MAPS THROUGH LAND SURVEYS ON
INDIVIDUAL PROPERTIES

Committee No. 3, Public Service, reported having considered a resolution requesting that the Army Corps of Engineers complete the flood protection system by 2004 and that the Federal Emergency Management Agency develop accurate flood rate insurance maps (firm) through land surveys on individual properties, and recommended to adopt the resolution.

Committee No. 1, Finance, reported having considered the resolution requesting USACE completion of flood protection by 2004, and develop an accurate flood rate insurance map, and recommended approval of the resolution requesting USACE completion of flood protection by 2004, and develop an accurate flood rate insurance map.

Committee No. 4, Urban Development, reported having considered the matter of resolution requesting USACE completion of flood protection by 2004, and develop an accurate flood rate insurance map, and recommended approval of a resolution requesting USACE completion of flood protection by 2004, and to develop an accurate flood rate insurance map.

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

Council Member Hoff introduced the following resolution which was presented and read: Document No. 8053 - Resolution.

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

ACCEPT BID FOR GREENWAY CLEAN-UP PHASE I,
PROJECT NO. 5172

Committee No. 3, Public Service, reported having considered the matter of bid for Greenway Clean-up Phase I, Project No. 5172, and recommended to accept the low bid of Gowan Construction, Inc. in the amount of $98,505.00, including alternates 1 and 2.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried and the contract awarded.

MATTER OF SURPLUS PROPERTY AT 1102 LANARK
AVENUE

Committee No. 3, Public Service, reported having considered the matter of surplus property, garage at 1102 Lanark Avenue, and recommended to declare the garage at 1102 Lanark as surplus property and that the property be donated to Easter Seals.

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

APPROVE ENGINEERING GREEMENT FOR PROJECT
NO. 4769, RAW WATER INTAKE AND TRANSMISSION
LINES

Committee No. 3, Public Service, reported having considered the matter of engineering agreements: geotechnical services during final design, Shannon & Wilson, Inc., Raw Water Intake and Transmission Lines, Project No. 4769, and recommended to approve the engineering agreement with Shannon & Wilson, inc. for geotechnical Services during final design, raw water intake and transmission lines in an amount not to exceed $41,964.00.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4757.2
MILL AND OVERLAY DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4757.2, Mill and Overlay Downtown Streets, C.O. No. 2, Strata Corporation, contractor, $19,454.76, and recommended to approve the change order.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4854,
FORCEMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4854, Forcemain Replacement on Columbia road from 17th to 24th Avenue south, C.O. No. 5, Molstad Excavating, Inc., contractor, $3,500.00, and recommended to approve the change order in the amount of $3,500.00.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4862,
STORM SEWER RESTORATION AREA 1

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4862, Storm Sewer Restoration Area 1, C.O. No. 4, Robert Gibb & Sons, Inc., contractor, $1,700.00, and recommended to approve the change order.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4864,
STORM SEWER RESTORATION AREA 3

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4864, Storm Sewer Restoration Area 3, C.O. No. 3, Molstad Excavating, Inc., contractor, $16,313.07, and recommended to approve the change order in the amount of $16,313.07.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4973,
WATERMAIN REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4973, Watermain Replacement, C.O. No. 1, Wagner Construction, Inc., contractor, zero cost, and recommended to approve the zero cost change order.

It was moved by Council Member Hoff and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Christensen, Klave, Bakken, Kreun - 10; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE TAPPING FEES FOR PROJECT NO. 4461,
SANITARY SEWER DISTRICT NO. 370

Committee No. 3, Public Service, reported having considered the matter of tapping fees for various projects: Project No. 4461, Sewer District No. 370, sanitary sewer along South 42nd Street from 8th to 14th Avenues South, and recommended to approve the tapping fees on Project No. 4461.

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

APPROVE TAPPING FEES FOR PROJECT NO. 4626,
WATERMAIN DISTRICT NO. 254

Committee No. 3, Public Service, reported having considered the matter of tapping fees for Project No. 4626, District no. 254, watermain along 32nd Avenue South from 48th to 55th Streets, and recommended to approve the tapping fees for Project No. 4626.

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

APPROVE TAPPING FEES FOR PROJECT NO. 4625,
SEWER DISTRICT NO. 385

Committee No. 3, Public Service, reported having considered the matter of tapping fees for Project No. 4625, District No. 385, sanitary sewer along 32nd Avenue South from 48th to 55th Streets, and recommended to approve the tapping fees for Sewer Project No. 4625.

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

COUNCIL MEMBER GERSHMAN REPORTED BACK

ADOPT RESOLUTION ELIMINATING MOSQUITO
CONTROL STUDY COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of the city council eliminating the mosquito control study committee, and recommended to adopt the resolution.

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

Richard Warne, administrative coordinator, stated that this was part of the effort to reduce number of committees and to streamline our process, and it was the recommendation of the department head that could perhaps be a committee that could be eliminated and the functions assumed by staff or on an ad hoc basis.

Don Shields, Health Department, stated the committee was established in the fall of 1994 to address an issue that was a tremendous problem with mosquitoes in the city and an on-going problem to take care of those, that the recommendation was to do away with that but also still have a citizens advocacy group that would meet on need basis and input would be brought to the committee of the whole or working session.

Upon voice vote, the motion carried 11 votes affirmative.

Council Member Hoff introduced the following resolution: Document No. 8054 - Resolution.

It was moved by Council Member Hoff and seconded by Council Member Klave that this resolution be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.

COUNCIL MEMBER HOFF AND KLAVE EXCUSED

APPROVE CHANGE ORDER FOR PROJECT NO. 4654.466,
PRIORITY SEWER REPAIRS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4654.466, Priority Sewer Repairs, C.O. No. 8, Robert Gibb & Sons, Inc., deduct of $146,586.31, and recommended to approve the change order.

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

Al Grasser, acting city engineer, reported that the original contract occurred immediately after the flood in 1997 and was a unit-price contract to do emergency sewer repairs, and when felt we had good unit prices and found there were a lot more emergency repairs than what originally estimated and a large change order went through to reach the new contract amount, and changed very substantially, and this is a finaling out change order on the project.

Upon roll call the following voted “aye”: Council Members Bjerke, Hamerlik, Burke, Glassheim, Gershman, Christensen, Bakken, Kreun - 8; voting “nay”: Council Member Brooks - 1. Mayor Brown declared the motion carried.

RECESS

Mayor Brown called for a 5-minute recess at 9:55 p.m.

The city council reconvened at 10:00 p.m.. with all members present except Council Members Hamerlik, Hoff, and Glassheim.

APPROVE CHANGE ORDER FOR RESIDENTIAL
HOUSING DEMOLITION

Committee No. 4, Urban Development, reported having considered the matter of residential housing demolition, Bid Package 15, Change Order No. 1, and recommended approval of change order No. 1 in the amount of $11,400 to Bid Package 15 with Gowan Construction to demolish 1605 Riverside Drive and 1406 Lewis Blvd. with the cost to be paid by FEMA.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Burke, Gershman, Christensen, Klave, Bakken, Kreun - 8, voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE HISTORICAL PRESERVATION COMMISSION
COVENANTS

Committee No. 4, Urban Development, reported having considered the matter of Grand Forks Historic Preservation Commission historic covenants, and recommended approval of the Historical Preservation Commission historical covenants as presented.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 8 votes affirmative.

REAFFIRM LEASING OF PROPERTY TO PRAIRIE
HARVEST FOR FOSTER HOME FACILITY

Committee No. 4, Urban Development, reported having considered the matter of request from Prairie Harvest for foster home facility location, and recommended to reaffirm the previous motion to lease 701 South 5th Street to Prairie Harvest for $1/year and that three months prior to the end of the lease the item be brought back to city council.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Burke, Gershman, Christensen, Klave, Bakken, Kreun - 8, voting “nay”: none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE REPEALING TO VARIOUS
COMMISSIONS

Committee No. 4, Urban Development, reported having considered the matter of ordinances relating to Downtown Development Commission, River Forks Commission, Grand Forks Central Business District Authority and Parking Authority duties, and recommended approval of the ordinances relating to Downtown Development Commission, River Forks Commission, Grand Forks Central Business District Authority, and Parking Authority duties.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Burke introduced an ordinance entitled “An ordinance repealing Article 3 of Chapter XIV relating to the River Forks Commission; repealing Section 24-0108.1 relating to the Downtown Development Commission; and repealing Article 1 of Chapter XIV relating to the Grand Forks Central Business District”, which was presented, read and passed on its first reading.

APPROVE AUTHORIZATION TO REQUEST PROPOSALS
FOR REDEVELOPMENT OF 307 KITTSON AVENUE

Committee No. 4, Urban Development, reported having considered the matter of authorization to request proposals for redevelopment of 307 Kittson (Hoffman Building), and recommended approval of authorization to bid 307 Kittson Avenue.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 8 votes affirmative.

AUTHORIZE REQUESTING PROPOSALS FOR SALE AND
REHAB OF HOUSES AT 21 SEWARD AVENUE AND
1601 LEWIS BLVD.

Committee No. 4, Urban Development, reported having considered the matter of authorization to request proposals for sale and rehab of historic homes (21 Seward and 1601 Lewis Blvd.), and recommended approval to request proposals for sale and rehab of historic homes (21 Seward and 1601 Lewis Blvd.).

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE REQUESTS FROM HABITAT FOR HUMANITY
FOR PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of request from Habitat for Humanity, and recommended approval to deed 1315 7th Avenue North to Habitat for Humanity contingent upon a survey of the surrounding neighbors within 200 feet, showing them the proposed plan; and approval of donating 505 Pakenham, 506 Plum and 1110 Lanark contingent upon Habitat for Humanity’s completion of projects already underway.

It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Burke, Gershman, Christensen, Klave, Bakken, Kreun - 8, voting “nay”: none. Mayor Brown declared the motion carried.

COUNCIL MEMBERS HOFF, HAMERLIK AND
GLASSHEIM REPORTED BACK

DEFEAT MOTION TO AMEND ORDINANCE RELATING
TO MEMBERSHIP OF AIRPORT AUTHORITY BOARD OF
COMMISSIONERS

Committee No. 4, Urban Development, reported having considered the matter of an ordinance amending Section 20-0206(1) of the Grand Forks City Code relating to members of the Airport Authority Board of Commissioners, and recommended approval of an ordinance amending Section 20-0206(1) of the Grand Forks City Code relating to members of the Airport Authority Board of Commissioners reducing membership from seven to five.

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

Mr. Swanson advised that the Airport Authority was established by joint action of the City of Grand Forks and County of Grand Forks, that any modification to the membership requires both bodies to approve it, a former city council did adopt this ordinance providing for a seven member body, with one of the members to be from the city council and one member from the county board of commissioners; despite the fact that the city council passed the ordinance, the county commission did not pass a concurring ordinance; therefore, the City does not have the ability or the authority to unilaterally change the membership. Although it has been on the books as being adopted by the City, it is not effective because it did not have concurring action by Grand Forks County. He suggested that it would be appropriate given the fact that the County had not acted concurrently that to remove it from the books an ordinance amending that section would be appropriate.

Council Member Burke stated his interest was in having the Code the current reality of the situation, that if there are members of the council that still feel strongly that we should have a council member and a commission member on that board, his suggestion would be to defeat this motion and pass a resolution urging the county commission to reconsider the original ordinance that the council passed back in November of 1997.

Mr. Swanson stated that the statutory basis for the Airport Authority gives them actual mill levy authority, there is a pass-through mill levy to the city, that it is a mill levy that the city council has no jurisdiction to alter once the Airport Authority establishes it. He stated it is reflected in the City’s budget only insofar as the City is levying the mills, but is dedicated for the Airport Authority, and is outside of any mill cap that the City would have to be concerned about. Council Member Gershman stated that the State Legislature sets the mill levy for airport authorities in North Dakota and there is a cap; that the council could not change the money aspect but might have an influence on the public relations.

Council Member Klave stated that the City wanted representation on that Board so that we would have an understanding of how their money was being spent, so that we could make a knowledgeable and reasonable explanation to the citizens when requested of us, and recommended that we defeat the motion and strongly encourage the county commissioners to concur in adoption of the ordinance and look at putting somebody on that Board.

Upon call for the question and upon roll call the following voted “aye”: Council Members Hoff, Burke, Gershman, Bakken, Kreun - 5; voting “nay”: Council Members Hamerlik, Glassheim, Christensen, Klave, Brooks, Bjerke - 6. Mayor Brown declared the motion defeated.

APPROVE FINAL PLAT OF REPLAT OF SOUTHERLY
HALF OF LOT 3 AND ALL OF LOTS 5, 7, 9 AND 11, BLOCK
16, McKELVEY AND HOLCOMBE’S ADDIION

The Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Mark Skvold etal for final approval (fast track) of a Replat of the southerly half of Lot 3, and all of Lots 5, 7, 9 and 11, Block 16, McKelvey and Holcomb’s Addition to the city of Grand Forks, North Dakota (located at 315, 317 and 319 North 6th Street), 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 11 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 2 AND LOT
5, BLOCK 1 AND A REPLAT OF LOT 2, BLOCK D OF THE
REPLAT OF LOT 7, BLOCK 1, KANNOWSKI’S FIRST
ADDITION, INCLUDING A VARIANCE

The Planning and Zoning Commission reported having considered the matter of the request from the park District of the city of Grand Forks, etal., for final approval (fast track) of a Replat of Lot 2 and Lot 5, Block 1 and a Replat of Lot 2, Block D of the Replat of Lot 7, Block 1, Kannowski’s First Addition to the city of Grand Forks, North Dakota, including a variance to Grand Forks City Code Section 18-0204 (Rules and Definitions), subsection (2)(Definitions), (B) Subdivisions (Minor) which in part, defines a minor subdivision as not involving the dedication of any public utility easements. The subject replat dedicates a 20-foot wide utility easement to accommodate storm water drainage. (Said replat is located between South Washington Street and South Columbia Road and between Ulland Park First Addition and 62nd Avenue South (County Highway No. 17), 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 11 votes affirmative.

INTRODUCE RESOLUTION TO ANNEX PORTIONS OF
PERKINS FIFTH ADDITION, PERKINS SIXTH RESUBDIVISON,
SOUTHERN ESTATES 2ND ADDITION AND UNPLATTED
PROPERTY

The Planning and Zoning Commission reported having considered the matter of the approval of a resolution or ordinance to annex to the city of Grand Forks, North Dakota, portions of Perkins Fifth Addition. Perkins Sixth Resubdivision, Southern Estates 2nd Additions to the city of Grand forks, North Dakota and unplatted property in the East Half Southeast Quarter of Section 20-151-50 (located between 36th Avenue South and a line lying 140 feet south of and parallel with the south right of way line of 40th Avenue South and between South Columbia Road and a line lying midway between Aspen Circle and Pine Circle), and recommended approval of the annexation resolution for the areas as shown on the map and to set the date of the public hearing for December 18, 2000.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Kreun introduced the following resolution of annexation which was presented and read: Document No. 8055 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik Burke, Glassheim, Gershman, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the resolution adopted.

INTRODUCE ORDINANCE AMENDING THE COMPRE-
HENSIVE PLAN, ELEMENTS OF THE GRAND FORKS
CITY CODE OF 1987, AS AMENDED, PERTAINING TO THE
GRAND FORKS-EAST GRAND FORKS TRANSPORTATION
PLAN UPDATE, YEAR 2022 STREET AND HIGHWAY ELEMENT,
1999 TRANSIT BIKEWAY AND PEDESTRIAN ELEMENTS
AND SET PUBLIC HEARING FOR DECEMBER 18, 2000

The Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks Planning Department for preliminary approval of an ordinance to amend the Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan; Section 18-0802, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update Year 2022, Street and Highway Element, and 1999 Transit, Bikeway and Pedestrian Elements, together with all maps, information and data contained therein, and recommended approval of the ordinance to amend The Comprehensive Plan, Transit Element, introduce the ordinance and to set the date of the public hearing for December 18, 2000.

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

Council Member Bakken introduced an ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update, Year 2022 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements)”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOTS 18 AND 20, BLOCK 16, VILLARD’S
ADDITION

The Planning and Zoning Commission reported having considered the matter of request from David Ramage for preliminary approval of an ordinance to amend the zoning ordinance map and to exclude from the R-4 (Multiple Family Residence High Density) District and include within the B-3 (General Business) District Lots 18 and 20, Block 16, Villard’s Addition (located at 1316 11th Avenue South), 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 December 18, 2000.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Bakken introduced an ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence High Density) district and include within the B-3 (General Business) District, Lots 18 and 20, Block 16, Villard’s Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed in its first reading.

CONSIDER MATTER OF CONDITIONAL USE PERMIT
FOR PROPOSED CONSTRUCTION OF A GUYED WIRELESS
COMMUNICATIONS TOWER, AND SET PUBLIC HEARING

The Planning and Zoning Commission reported having considered the matter of the request from Ron Gunderson-Comtrac, Inc. on behalf of Potato Growers Research Farm for approval of a conditional use permit for the proposed construction of a guyed wireless communications tower (located in the Northwest Quarter of the SE Quarter, Section 5 of Walle Township), and recommended approval of the conditional use permit for the construction of a guyed wireless communications tower.

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

It was moved by Council Member Brooks and seconded by Council Member Glassheim that the motion be amended to call for a public hearing on December 18, 2000. Carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative.

ACCEPT PETITION FOR VACATION OF SIDEWALK
EASEMENT BETWEEN LOTS 13 AND 14, BLOCK 3,
MIGHTY ACRES 2ND ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Tim Crary on behalf of the Crary Development, Inc. for approval to vacate a sidewalk easement between Lots 13 and 14, Block 3, Mighty Acres 2nd Addition to the city of Grand forks, North Dakota (located between 561 and 573 Evergreen Drive), and recommended approval to vacate the sidewalk easement between Lots 13 and 14 Block 3, Mighty Acres 2nd Addition.

It was moved by Council Member Kreun and seconded by Council Member Klave that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor.

It was moved by Council Member Brooks and seconded by Council Member Glassheim that the motion be amended to call for a public hearing to be held on December 18, 2000. Carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative.

APPROVE SALE OF SURPLUS LOT AT 624 NORTH
25TH STREET

Committee No. 4, Urban Development, reported having considered the matter of sale of surplus lot at 624 North 25th Street, and recommended approval of staff recommendation to accept the offer of $14,000 from Frank Hu5tton for 624 North 25th Street, that Mr. Hutton enter into a purchase agreement with the City of Grand Forks within 15 days of council approval and that the earnest money check in the amount of $500.00 be accepted. In addition, that Mr. Hutton’s offer is contingent upon City approval of his house design and that Mr. Hutton secures required financing with a closing to occur no later than 60 days after execution of the purchase agreement.

It was moved by Council Member Christensen and seconded by Council Member Burke 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, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

ADOPT RESOLUTION COMBINING BUS COMMITTEE
AND THE DIAL-A-RIDE COMMITTEE

The Bus Committee reported having considered the matter to change the name of the Bus Committee to the Public Transportation Committee, combine it with the Dial-A-Ride Committee and invite other groups to be a formal part of the group.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8056 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this resolution be and is hereby adopted. Carried 11 votes affirmative.

CONTINUE NIGHT BUS SERVICE FOR NEXT CALENDAR
YEAR

The Bus Committee reported having considered the matter of continuing night bus service for the next calendar year, continue to apply for grants, receive no funds from the General Fund bid out the dial-a-ride service and report back to the city council by the second meeting of September.

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

Roger Foster, Transportation Superintendent, reported that Grand Forks did not get the grant for Access to Jobs and that they are asking that they be able to continue the night bus service and have budgeted for that on the expense line item for that and will be able to cover that on the revenue side as well to provide that service for the next calendar year (2001). He stated that they budgeted for 2001 to replace two vehicles and for a 5307 grant (operating and capital grant) to provide public transportation service, and do have some additional monies (discretionary fund called 5309) and will take those funds from the grant and free up some additional funds to be able to run the night bus service.

Council Member Gershman asked if there had been any consideration given by the bus committee to the matter of weekend service to and from the University of North Dakota (Thursday, Friday and Saturday nights) with this bus service, and asked if discussion could take place, with a charge to the students to take them downtown to the activities.

Council Members Hamerlik and Bakken called for the question. Carried 11 votes affirmative.

Upon voice vote, the motion carried 10 votes affirmative; Council Member Bjerke voted against the motion.

AUTHORIZE PURCHASE OF CATERING EQUIPMENT
AT ALERUS CENTER

The Events Center Core Committee reported having considered the matter of catering at the Alerus Center and recommended that we revise the existing budget for concession equipment to allow for purchase of catering equipment and postpone the video production package to allow the use of that $250,000 for small wares.

It was moved by Council Member Klave and seconded by Council Member Christensen 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, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

AWARD CONTRACT FOR INFRASTRUCTURE CABLING
AT ALERUS CENTER

The Events Center Core Committee reported having considered the matter of award of cabling contract for the Alerus Center, and recommended that we award the contract for the infrastructure cabling at the Alerus Center to Dell Com Communications for their bid price plus a 10% contingency, for a total amount of $178,199.98.

It was moved by Council Member Klave and seconded by Council Member Christensen 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, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE ADDITIONAL NON-VOTING COMMITTEE
MEMBER

The Events Center Core Committee reported having considered the matter of additional non-voting committee member, and recommended that the position of administrative coordinator be added as a non-voting member on the Events Center Core Committee.

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

AUTHORIZE CHARGE FOR PARKING

The Events Center Core Committee reported having considered the matter of paid parking for the Alerus Center, and recommended that we allow compass to charge a dollar for parking on tickets and they can change it next year, if necessary.

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

Council Member Hamerlik stated that the question came up through the traffic study, how do they get people into the parking lots in a reasonable manner, and whether or not they should be charged; and that the proposal is that they include $1.00 on the ticket for the events so no delay in parking, and makes some difference when there is a UND event as students have already paid for parking so not included on the ticket for a University event. He noted that the charge would be included with the sale of the ticket.

Jeff Kossow, Alerus Center, stated that the parking charge was either on a ticket or collect it at the gate, and it was decided to put it on the ticket for the traffic management plan as well as an administrative function so not have conflicts with non-ticketed events or non-paid events; the intent would be to include on all ticketed events but if a situation where a low priced ticket were to come forward the Commission could decide.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

APPROVE APPOINTMENT TO AIRPORT AUTHORITY
BOARD

Mayor Brown announced the appointment of Richard Becker to the Airport Authority Board for a five-year term and asked for concurrence in this appointment. It was moved by Council Member Hamerlik and seconded by Council Member Kreun to approve the appointment.

Council Members Burke asked to be excused from voting on this appointment. It was moved by Council Member Gershman and seconded by Council Member Glassheim that Council Member Burke be excused from voting on this matter. Carried 10 votes affirmative.

Upon call for the question and upon voice vote the motion carried 10 votes affirmative; Council Member Burke excused from voting.

APPROVE APPOINTMENTS TO GRAND FORKS EVENTS
CENTER COMMISSION (ALERUS)

Mayor Brown announced the appointment of members to the Grand Forks Events Center Commission (Alerus): David Evenson for a three-year term; Darrell E. Larson for a three-year term; Brian Conneran for a three-year term; Phil Harmeson for a two-year term; Sandy Glas for a two-year term; Randy Newman for a one-year term and Council Member Hamerlik for a one-year term; and asked for concurrence in the appointments. It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the appointments.

After some discussion relative to the appointment of members and upon voice vote, the motion carried 9 votes affirmative; Council Members Bakken and Hoff voted against the motion.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: Regular Estimate Summary, $5,464,571.15; Food Estimate Summary, $520,376.47; and CDBG Estimate Summary, $1,154,913.74; totaling $7,139,861.36.

It was moved by Council Member Bjerke and seconded by Council Member Klave 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, Christensen, Klave, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project No. 4654.466, Priority Sewer Repairs; Project No. 4983, Lift Station #27 Replacement; Project No. 5073, Upgrade Lift Station #13, general construction; Project No. 5070, Upgrade Lift Station #13, electrical; Project No. 5003, Paving District No. 566; Project No. 5073, Watermain Improvements, Gateway Drive; Project No. 5073, Watermain Improvements, North Columbia Road; Project No. 5074, Watermain Improvements, North 42nd Street; Project No. 5119, Paving District No. 577; Project No. 5136, Watermain North 69th Street; Project No. 5138.3, Watermain Replacement on 17th Avenue South; Project No. 5150, Sewer District No. 409; and Project No. 5158, Watermain District No. 272.

It was moved by Council Member Kreun and seconded by Council Member Bjerke that these recommendations be and are hereby approved. Carried 11 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 Gershman presented the matter of River Forks Commission money - that $100,000 be set aside for special events in the city, and consider giving remaining $38,000 to North Valley Arts Council; the matter was referred to the Urban Development Committee.

RECONSIDER MOTION RELATIVE TO MEETING
SCHEDULED FOR NOVEMBER 14, 2000

Council Member Hamerlik moved to reconsider the motion relative to meeting for next week (Tuesday evening at 7:00 p.m. - November 14) to consider proposed revised city council meeting procedures and approval process, ordinance and proposed delegation to staff. Council Member Glassheim seconded the motion. Upon voice vote the motion carried.

Council Member Klave moved scheduling the meeting for Monday, November 13, at 6:00 p.m.; Council Member Gershman seconded the motion. Carried 11 votes affirmative.

CONTINUE VARIOUS ITEMS TO COMMITTEE

2) Council Member Glassheim asked that staff look at leaf collection process for next year. Council Member Kreun noted that they have 3 trucks and are running constantly.
3) Council Member Hoff presented the matter of Springfest at University Park (to coordinate with Park Board, assure toilets are placed in park, shuttle buses) - referred to committee of the whole.
4) Council Member Hoff presented the matter of policy re. issuance of parking tickets on residential streets around University area during first week of school - referred to committee of the whole.
5) Council Member Hoff presented the matter of providing safety bus or sobriety bus to operate during school year with University (take students from campus to eateries and bars downtown) - referred to committee of the whole. Council Member Bakken stated that shuttling students back and forth to bars, not the City’s job to enable young students to drink, that UND has bus system and would be their prerogative to operate busing students to those businesses.
6) Council Member Hoff presented the matter of how meetings should be conducted after restructuring and adopt as policy incorporated into ordinance that any person may speak to the council during new business about any matter; referred to committee of the whole.
7) Council Member Hoff presented the matter of policy re settlement of monetary settlements; referred to committee of the whole.
8) Council Member Hoff presented the matter of notification to property owners in areas that could be special assessed; referred to committee of the whole.
9) Council Member Bjerke presented the matter of funding new and additional services to be provided by the City; referred to Budget Framework Committee.
10) Council Member Bjerke presented the matter of plan for dissolving the Events Center Core Committee; referred to the Events Center Core Committee.
11) Council Member Brooks presented the matter re. Airport Authority and asked that the staff in the Mayor’s Office set up a meeting with appropriate people at the County and discuss the issue.
12) Council Member Brooks presented the matter of appointment to various committees, that the council members have input on who might be appointed to those committees, what they are looking for on the committees, develop criteria; referred to the mayor’s office. Council Member Klave stated information should be provided to them some time in advance.

ADJOURN

It was moved by Council Member Christensen and seconded by Council Member Hamerlik that we do now adjourn until Monday, November 20, 2000, at 7:30 o’clock p.m.. Carried 11 vote affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
___________________________________
Michael R. Brown, Mayor