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November 20, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 20, 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 20, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 11; absent: Council Members Lunak, Martinson - 2.

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

APPROVE MINUTES NOVEMBER 6, 2000

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, November 6, 2000, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Christensen that the minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3868, AMENDING SECTIONS
RELATING TO CITY COUNCIL MEETINGS, STANDING
COMMITTEES AND RULES OF PROCEDURE

An ordinance entitled “An ordinance amending Sections 2-0101, 2-0301, and 2-0302 and repealing Section 2-0201 of the Grand Forks City Code heretofore effective relating to city council meetings, standing committees, and rules of procedures”, which had been introduced and passed on its first reading on November 13, 2000 was presented and read for consideration on second reading and final passage.

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

ADOPT ORDINANCE NO. 3869, PROVIDING FOR THE
PARTICIPATION OF HE MAYOR OR CITY COUNCIL
MEMBERS BY TELEPHONE, VIDEO OR OTHER ELECTRONIC
MEANS IN CITY COUNCIL MEETINGS

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 had been introduced and passed on its first reading on November 6, 2000 was presented and read for consideration on second reading and final passage.

Mayor Brown asked if there were any comments relative to the proposed ordinance.

Mike Brue, News Director for WDAZ, expressed concerns about ordinance to participate in city council meetings by telephone, video or other electronic means and asked that they postpone enacting this ordinance until it receives more careful analysis, that State Law already allows this option of attending open meetings by telephone or video as long as the speaker phone or monitor is provided at the meeting location. Because technological possibilities exist it doesn’t always necessarily make it a good idea and certainly a preferable one in this system of government.

COUNCIL MEMBER BURKE REPORTED PRESENT.

That some of the reasons against this is that it could become a convenient tool to not be present under certain circumstances, potential for abuse in worst case scenarios that might otherwise be difficult by sitting in your seats before the public, that it involves adding cost to city taxpayers. He stated that the council hasn’t come up with a means that insures equal participation from an absent mayor or council member with the remaining council members present in this chambers. He stated it’s not the same back and forth discussion and debate of issues that may otherwise occur when you are present, and suggested that the proposed change does not under its current language insure accountability; that your physical presence makes it more difficult to ignore what you are doing and more difficult for council members to provide less than your full attention to the issues coming before you; that you have the right under state law to provide access to your members through phone lines and through video screens and urged them to refrain from a decision tonight and give other members of the public, including the news media, more of a chance to discuss this matter, perhaps to even help draft guidelines to allow it to happen in a more reasonable and more effective process for your constituents. He stated that another supporter for his being here tonight is a predecessor, Chuck Bundlie, who was the news director of WDAZ for many years.

Council Member Hamerlik moved that we postpone vote on this ordinance until February 5 when have a full change of our procedures. Council Member Brooks seconded the motion.

There was some discussion as to the cost of installation of the system that would accommodate participation over telephones, phone system that collected the audio from the council chambers and piped the audio from the phone system into the council chambers so that everyone might participate. Roxanne Fiala, IS, stated they have a phone in place already that they are using for a conference phone, looking at being able to take that, mike it if necessary, turtle phone and is specially designed for conferencing and looking to hook that up to our main system within City Hall so that more than one person could communicate at one time. Ms. Fiala stated they were going to test this when they are able to conference into our system here at City Hall, $500.00 for the phone that they have to use for other conferencing when they do telephone conferences and that would be the cost.

Council Member Gershman stated that Council Member Glassheim is a state legislator and will be in Bismarck for approx. three months and this will give him an opportunity to participate in meetings, thinks that this is a service to citizens and members of the council and to the staff; and if there’s a reason why somebody cannot be here to participate in a meeting and feels the need to, that’s their call.

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

Mr. Swanson stated that under present Code votes must be cast in person so without adoption of an ordinance, that you can participate by listening, and discussing, you have no authority to vote; and that other electronic means anticipates significant changes in satellite communication, internet communication and rather than attempting to specifically identify those forms as was intended by the phrase other electronic means.

Council Member Burke moved an amendment to Section 3 of the ordinance and that Section 3 read that the ordinance shall be in full force and effect at the first meeting of the city council in July 2002, when council is a 7 member council and absences more critical. Council Member Brooks seconded the motion.

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

Council Members Gershman and Bjerke moved the question. 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 Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 11; voting “nay”: Council Member Brooks - 1. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3870, INCREASING UTILITY
RATES FOR 2001

An ordinance entitled “An ordinance amending sections of the Grand Forks City Code relating to water, wastewater, stormwater, and sanitation user charges, rates and fees”, which had been introduced and passed on its first reading on November 6, 2000, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3871, RELATING TO CHARGES,
WHEN PAYABLE; SHUTTING OFF WATER

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 had been introduced and passed on its first reading on November 6, 2000, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Christensen, Klave, Babinchak, Bakken, Kreun - 10; voting “nay”: Council Members Glassheim, Gershman - 2. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3872, REPEALING ARTICLES
AND SECTIONS RELATING TO THE GRAND FORKS
CENTRAL BUSINESS DISTRICT AUTHORITY, THE RIVER
FORKS COMMISSION, AND THE DOWNTOWN DEVELOPMENT
COMMISSION

An ordinance entitled “An ordinance repealing Articles 1 and 3 of Chapter XIV and Section 24-0108.1 of the Grand Forks City Code relating to the Grand Forks Central Business District Authority, the River Forks Commission, and the Downtown Development Commission”, which had been introduced and passed on its first reading on November 6, 2000, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the ordinance adopted.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT AND SALE OF LOT AT 1527
CHESTNUT PLACE

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 (residence and garage) had been continued from the city council meeting on November 6, 2000, and that he had received no written protests. He reported for clarification that the matter of the moving permit is being considered, and when the public hearing has been closed and if not enough objection or insufficiency of protest, there is a recommendation from the public service committee to reaffirm their previous motion to approve the application for moving permit contingent upon final approval from Urban Development of sale of the property at 1527 Chestnut Place, and if that is approved, their motion will stand. He stated that under the matter of the sale of the Chestnut Place property, there is a recommendation from urban development to approve that sale contingent upon receiving a moving permit from the council.

Mayor Brown opened the public hearing on this matter.

Council Member Gershman reported that he had received several calls from neighbors who do not feel that the home is compatible to the architecture in their neighborhood. Several council members stated they had received calls relative to this matter.

Council Member Burke reported that the Urban Development Committee voted to approve the sale of the lot as a separate matter from the moving permit, the Committee was inclined to not recommend the sale but at the recommendation of staff so as not to confuse the issues of selling a lot and the moving permit, they decided to approve the sale of the lot conditioned on the approval of the moving permit being granted, and the proposed buyer is not interested in the lot if the moving permit is not granted. He stated that the Urban Development Commission limited their action to the sale of the lot, however, Council Member Lunak spoke strongly against allowing this house to be moved to this location because of the concerns that Council Member Gershman just voiced; and had they considered it their place their committee would have voted against the moving permit or allowing the sale of the lot and expected that there would be discussion of the merits of the moving permit and that neighbors are concerned about the compatibility of the proposed house to be moved to this location.

Bev Collings, Inspections Department, reviewed the process for moving permits, that upon completion of the application for moving permit, the Inspections Department inspects the structure for Code compliance and request site plan for the lot and take pictures of the structure, that the lot is staked and posted with a sign giving date of the public hearing, and notices are sent to the property owners within 200 ft. and bring to the public service committee prior to the public hearing and presents evidence relative to the site location, situated on the lot, and legal notice in the newspaper, etc. She stated they did receive several calls but no one left their names, no one left any numbers, and that there was one individual at the Urban Development Committee meeting, Art Grabowski.
Ms. Sherven stated that the house will not look the way it looks now, it will be resided, new roof (white siding and shakes) and there are other two-story homes in that neighborhood; will do landscaping, etc.

Council Member Christensen suggested that in the future they have a policy that a picture of the structure that’s going to be moved to the lot be included in the letter notifying the adjacent property owners and that affected individual would know what’s about to be moved on to an adjacent lot so they would have an opportunity to protest the aesthetics; and that’s an observation of what appears to be a flaw in the procedure but doesn’t belie the fact that we have to make a decision as to whether or not this structure should be moved on that lot.

There was some discussion as to postponing this matter for residents to see the house as proposed. Ms. Sherven stated this has been postponed for two weeks, and that if it can’t be approved this evening she would not do it.

Mayor Brown closed the public hearing.

Committee No. 3, Public Service, reported having considered the application for moving permit: Peggy Sherven to move building from 101 Euclid Avenue to 1527 Chestnut Place (residence and garage), and recommended to reaffirm their previous motion to approve the application for moving permit contingent upon final approval from Urban Development of sale of the property at 1527 Chestnut Place, and if that is approved, their motion will stand.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that Ms. Sherven be and is hereby authorized to move the building subject to meeting conditions established. Carried 11 votes affirmative; Council Member Gershman voted against the motion.

Committee No. 4, Urban Development, reported having considered the matter of property at 1527 Chestnut Place - sale of lot, and recommended to approve the sale of the lot at 1527 Chestnut Place to Ms. Sherven contingent upon receiving a moving permit from the council.

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

REPORTS OF OFFICERS

The city auditor’s cash balance report for the period ending October 31, 2000 was presented and read. It was moved by Council Member Bakken and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 12 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, October 26, 2000, that notice had been published as required and that the following appeals were heard: 1) Doug and Maxine Boushee, 111 Seward Avenue, request for variance to the accessory building requirements in order to build a new detached garage, variance to allow one foot of setback in front of the overhead door in order to construct a new detached garage; 2) Brian Saltman on behalf of Pi Kappa Alpha, 2622 University Avenue, request for a variance to the sideyard setback, rear landscaping and buffer yard A requirements in order to build a fraternity house, request was held until additional information could be gathered.

It was moved by Council Member Babinchak and seconded by Council Member Kreun that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-20, dated November 20, 2000, and totaling $677,233.62, 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 Gershman that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

AUTHORIZE ADVERTISING FOR WASTEWATER
TREATMENT PLANT SUPERINTENDENT AND URBAN
DEVELOPMENT DIRECTOR POSITIONS ON CONTRACT
BASIS

Committee No. 1, Finance, reported having considered the matter of wastewater treatment plant superintendent contract, and recommended that we advertise the wastewater treatment plant superintendent and urban development director positions and make them contracted.

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

APPROVE RENTAL AGREEMENT WITH MPO

Committee No. 1, Finance, reported having considered the matter of rental agreement - MPO and City of Grand Forks, and recommended to approve the agreement and authorize proper City officials to sign (total rental expense item per year of $9,779.09, with payment on a quarterly basis, with agreement to be in effect for three years beginning on January 1, 2001 and running through December 31, 2004, with an additional two-year option at the current rate plus an escalator based on the Consumer Price Index, not to exceed 5% per year for the three years.)

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

APPROVE EMPLOYMENT AGREEMENT WITH
CHIEF OF POLICE

Committee No. 1, Finance, reported having considered the matter of John Packett employment agreement (chief of police), and recommended to approve the contract as written.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.

Council Member Babinchak stated that any comments that are made are not of any personal nature directed at any one person or persons that have a contract; these are general statements, and are here to approve a contract and its contents. She stated that when the process started about three years ago on going to contracts for department heads, one of the reasons behind it was that the term of the contract would have a starting and an ending date, were trying to get away from buying people out, that the City fulfilled its obligations, the employee fulfilled his obligations and if did not wish to renew the contract we didn’t have to and this is a shift from that direction and that was one of the fundamental reasons in the beginning to going to a contract for all parties benefit and to avoid any future problems. She stated that when they sent a standard contract to Finance that it was her hope that there would be more specific items - more specific items in a standard contract and salary range would be negotiated.

Council Member Hamerlik stated that the areas of concern that were discussed were severance pay, salary range, pension of 10%, full medical benefits rather than the 75% the rest of the staff has.

Mr. Warne, administrative coordinator, stated he had discussed the contract with Chief Packett and Mayor Brown and that he would support the provisions in the contract for all department heads and is consistent with the contract that you see across the country and no unreasonable provisions in it and suggested that they approve the contract.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Bjerke, Stevens, Hamerlik, Burke, Gershman, Christensen, Klave, Bakken, Kreun - 9; voting “nay”: Council Members Babinchak, Brooks, Glassheim - 3. Mayor Brown declared the motion carried.

APPROVE RESOLUTION AUTHORIZING FINANCIAL
PROPOSAL FOR ALERUS SIGNAGE

Committee No. 1, Finance, reported having considered the matter of financing proposals for Alerus signage, and recommended to approve a resolution authorizing acquisition of electronic scoreboards, video replay screens and signage for the Alerus Center; approving a lease-purchase agreement and related documents in connection therewith and accept the all-inclusive rate of 8.29% of Wells Fargo Bank with a yearly payment of $296,500.

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

Council Member Gershman introduced the following resolution which was presented and read: Document No. 8059 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Bakken, Kreun - 11; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried and the resolution adopted.

APPROVE AMENDMENT TO GRANT AGREEMENT
Committee No. 2, Public Safety, reported having considered the amendment to grant agreement with ND Department of Health, Immunization/Epidemiologist Support Services for period July 1, 2000 to June 30, 2001, $13,970.00, and recommended approval of the amendment to the grant agreement.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment by the Police Department in the amount of $4,682.15 reflecting unanticipated income, grant for juvenile officer, was presented and read.

A request for budget amendment by the Police Department in the amount of $13,906.19 to reflect grant reimbursement for Domestic Violence Investigator salary for period January through May, 2000, was presented and read.

A request for budget amendment by the Police Department in the amount of $13,757.01 to reflect grant reimbursement for narcotics investigator for period January through June 2000, was presented and read.

A request for budget amendment by the Police Department in the amount of $100.00 to reflect donation for GREAT Program, was presented and read.

A request for budget amendment by the Police Department in the amount of $637.83 to reflect reimbursement from NSP for safeguarding evidentiary tape concerning NSP trail while it was being reviewed by personnel from law firm, was presented and read.

A request for budget amendment by Community Initiative Program (Health Department) in the amount of $150.00 to reflect unanticipated income for Head Start donation, was presented and read.

A request for budget amendment by Health Department in the amount of $1,300.00 to reflect income for October Food Manager Certification Class, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and is hereby approved. Carried 12 votes affirmative.

APPROVE LOADING/UNLOADING ZONE ON 1ST AVENUE
NORTH FOR RYAN HOUSE, AND REFER REQUEST FOR
TEMPORARY PARKING ZONE AT WIDMAN’S BACK
TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of parking request from the Ryan House, and recommended to deny the 15-minute request at Widman’s and put in a loading/unloading on 1st Avenue North by the Ryan House at a place to be designated by Mr. Lund and Mr. Jonasson.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Council Member Gershman moved to allow Widman’s Candy Shop to have the 15-minute parking during the construction of the dike as a temporary measure. Council Member Kreun seconded by the motion.

Council Member Bakken stated that staff is looking at this matter on a temporary basis and will bring this back to the Public Safety Committee at their next meeting.

Council Members Gershman and Kreun withdrew their motion.

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

RECEIVE AND FILE MATTER OF UPDATE ON PET STORE
ISSUE

Committee No. 2, Public Safety, reported having considered the update on pet store issue, and recommended to receive and file.

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

Bonita Quamme, 516 2nd Avenue South, stated that an inspection was conducted in the pet stores and about 3 weeks ago she made her own rounds of the pet stores and issues she had brought up at earlier meetings regarding filthy cages, ill animals, etc. and found that those conditions were much improved, but only one reason for an improvement, and that’s because the pet stores were inspected and here to ask the city council to work out some type of city ordinance that would allow for an inspection of pet stores but many private businesses are inspected concerning animals and consumers (from restaurants and dairy farms) and feels that pet store inspection would make sense, and would help insure quality standards for the consumers who are buying those animals from the pet stores and for the animals to insure that they do have adequate care.

Don Shields, director Health Department, reported that they have been in contact with the State Veterinarian, Dr. Schuller, on numerous occasions and he has not brought to their attention any complaints and felt that at this time because of the lack of complaints in the pet stores will continue to monitor that and if found need to propose regulations would bring that back to the committee, and that their recommendation would be additional monitoring, take complaints and work with Humane Society and Animal Warden and bring back when they had the data. Mr. Shields stated that every complaint that comes into their department, enter into a log and either do an investigation or refer to the appropriate department. Mr. Shields stated that if the council wanted a policy in place, would do that.; and would have to work out what the fees would be because would want to be reimbursed for the labor associated with making those inspections and would work that in with the things that they are doing.

After further discussion Council Members Brooks and Bjerke called for the question. Carried 12 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Glassheim voted against the motion.

APPROVE JOINT POWERS AGREEMENT WITH UNIVERSITY
OF NORTH DAKOTA
Committee No. 3, Public Service, reported having considered the matter of Joint Powers Agreement with University of North Dakota, and recommended to approve the joint powers agreement with the University of North Dakota, with deletion of the last sentence of item 2 on page 1, contingent upon final review by the city attorney (relative to the installation and maintenance of infrastructure for project known as the University Village).

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

APPROVE ENGINEERING AGREEMENT, AMENDMENT
NO. 1, PROJECT NO. 4371.1

Committee No. 3, Public Service, reported having considered the matter of engineering agreement, Consultant Service Amendment No. 1, KBM, Inc., Wastewater Treatment Plant, City Project No. 4371.1, and recommended to approve Amendment No. 1 to the engineering services agreement in an amount not to exceed $30,000.

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

APPROVE PLANS AND SPECIFICATIONS FOR SEWER
AND WATER MODIFICATIONS, PROJECTS NOS. 4815.1 AND
4816.1

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Sanitary Sewer and Water System Modifications, City Projects Nos. 4815.1 and 4816.1, and recommended to approve plans and specifications and authorize call for bids, contingent upon engineering department’s final review.

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

ACCEPT BID FOR UNDERGROUND PIPING, WASTEWATER
TREATMENT PLANT, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of bids for Underground Piping, Wastewater Treatment Plant, City Project No. 4371, and recommended acceptance of the low bid and award contract to Molstad Excavating, inc. in the amount of $919,070.00, contingent upon approval by the North Dakota State Health Department.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDERS NOS. 1 AND 2, PROJECT NOS. 4814
AND 4816, FORCEMAIN AND WATERMAIN RELOCATIONS

Committee No. 3, Public Service, reported having considered the matter of change orders, Change Order No. 1, ICS, Forcemain and Watermain Relocations, Projects Nos. 4814 and 4816, ICS, Inc. contractor, zero cost, and recommended to approve the change order at zero cost.

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

Committee No. 3, Public Service, reported having considered the matter of change orders, Change Order No. 2, ICS, Forcemain and Watermain Relocations, Projects Nos. 4814 and 4816, ICS, Inc., contractor, $27,600.00, and recommended to approve the change order in the amount of $27,600.00.

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

APPROVE AGREEMENT WITH LeCLERC REAL ESTATE/
SURVEYING SERVICE

Committee No. 3, Public Service, reported having considered the matter of agreement with LeClerc Real
Estate and Surveying Service, and recommended to authorize entering into the agreement with LeClerc Real Estate and Surveying Service for the year 2001 on an hourly rate not to exceed $17,000.

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

CONCUR WITH RECOMMENDATION OF NORTH
DAKOTA DEPARTMENT OF TRANSPORTATION AND
AWARD BID FOR PROJECT NO. 5044, LANDSCAPING
PORTION OF SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5044, Landscaping South Washington Street from Hammerling to 32nd Avenue South, and recommended to concur with the recommendation of the North Dakota Department of Transportation and accept he low bid of All Seasons Garden Center of Grand Forks for landscape enhancement in the amount of $78,731.90, City’s share is estimated at $16,515.59.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 5048,
PHASE I, DISTRICT NO. 563, PAVING PORTION OF 42ND
STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5048, Phase I, District No. 563, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue South from 35th to 42nd Street, and 11th Avenue South from 40th to 42nd Streets, Change Order No. 4, Nodak Contracting, Inc., contractor, $4,213.39, and recommended to approve the change order in the amount of $4,213.39.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5048,
PHASE II, DISTRICT NO. 563, PAVING PORTION OF
SOUTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5048, Phase II, District No. 563, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue South from 35th to 42nd Street, and 11th Avenue South from 40th to 42nd Street, Change Order No. 1, Nodak Contracting, Inc., contractor, $2,910.09, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4865,
SANITARY SEWER RESTORATION AREA 4

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4865, Sanitary Sewer Restoration Area 4, Change Order No. 8F, Molstad Excavating, inc., contractor, deduct of $15,220.00; and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJET NO. 5149,
SIDEWALKS IN CONGRESSIONAL SUBDIVISION

Committee No. 3, Public Service, reported having considered the change order for Project No. 5149, sidewalks in Congressional Subdivision, Change Order No. 4, Opp Construction, contractor, $1,260.00, and recommended to approve the change order in the amount of $1,260.00.

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

APPROVE AMENDMENT TO CONSTRUCTION SERVICES
AGREEMENT FOR PROJECTS NOS. 4814 AND 4816

Committee No. 3, Public Service, reported having considered the engineering agreement for Construction Services Amendment, GFEG, Forcemain and Watermain Relocations, City Projects Nos. 4814 and 4816, and recommended to approve the amendment to the engineering services agreement in the amount of $47,093.40.

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

Al Grasser, acting city engineer, stated that the process they use when hiring consultants is to do the general scope of a project (general budgetary purposes) and is first contract they will enter into an agreement on, once council approves project, then hire the consultant to do the actual plans and specifications which will be an amendment to the first contract, then once project is bid and if they determine that they need the consultant to do inspection services, will again amend the contract to add inspection services into their scope of work. He stated that the first one establishes the rates of pay and general conditions and general conditions.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO CONSTRUCTION SERVICES
AGREEMENT FOR PROJECTS NOS. 4809 AND 4811

Committee No. 3, Public Service, reported having considered the matter of Construction Services Amendment, GFEG, Relocate Sanitary Lift Stations Nos. 1 and 5, City Projects Nos. 4809 and 4811, and recommended to approve the amendment to the agreement in the amount of $134,920.50.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 5139 AND 5141

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 (Construction Administration), WFW, Project No. 5139 and 5141, Rehabilitate Pump Station No. 26 and No. 12, and recommended to approve Amendment No. 1 in an amount of $58,325.00.

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

INTRODUCE ORDINANCE RELATING TO CENTRAL
BUSINESS DISTRICT PARKING

Committee No. 4, Urban Development, reported having considered the matter of ordinance transferring duties and responsibilities of the Parking Authority to the city council, and recommended to move the ordinance transferring duties and responsibilities of the Parking Authority to the city council for first reading.

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

Mr. Swanson, city attorney, stated he wanted to make them aware of two primary effects of this proposed ordinance: 1) it transfers the duties and responsibilities with regard to the downtown parking charges from the Parking Authority and Downtown Business District Authority to the city council; the second major change is that previously under the existing ordinance those fees and charges are assessable to the businesses operating within the district of the downtown, and under this ordinance those fees and charges now are assessable to the property owner.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative, Council Member Bjerke voted against the motion.

Council Member Bakken introduced an ordinance entitled “An ordinance amending Article 2 of Chapter XIV of the Grand Forks City Code relating to Central Business District parking”, which was presented, read and passed on its first reading.

APPROVE RESIDENTIAL ENVIRONMENTAL ABATEMENT

Committee No. 4, Urban Development, reported having considered the matter of residential environment abatement, and recommended to approve the bid submitted from KMB Services in the amount of $7,800 and to enter into a contract for Residential Environment Abatement.

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

Keith Lund, Urban Development, reported that their office opened bids for residential environmental abatement and recommended to approve a bid for KMB, Inc. in the amount of $7,800 for the abatement of five residential structures. He reported they did receive one lower bid for these services, $130 less, that they asked in addition to a lump sum bid, but line item bids to govern if further abatement activities; that they will be recommending change orders to that contract which would be higher than the low bid.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.
RECONSIDER ACTION TAKEN AT NOVEMBER 6, 2000
COUNCIL MEETING RELATIVE TO CONDITIONAL USE
PERMIT FOR PROPOSED CONSTRUCTION OF A GUYED
WIRELESS COMMUNICATIONS TOWER; AND APPROVE THE
CONDITIONAL USE PERMIT

The city auditor presented the matter of the conditional use permit for proposed construction of a guyed wireless communications tower (located in NW Quarter of SE Quarter, Section 5, Walle Twp) which had been considered at the November 6, 2000 council meeting where it was recommended and approved that the city council set a public hearing for December 18, 2000.

Mr. Swanson reported that at the last city council meeting he advised the council that there had not been a public hearing held on the application for the conditional use permit and later learned that the Planning and Zoning Commission had held a public hearing, and that public hearing is not required to be held in front of the city council, and consequently all of the procedural requirements have been met and the matter is properly in front of you. He recommended that they first pass a motion to reconsider your previous action.

It was moved by Council Member Gershman and seconded by Council Member Kreun to reconsider the action of the city council on November 6, 2000. Carried 12 votes affirmative.

Mr. Swanson reported that the matter is now before the council.

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 NW 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 Babinchak and seconded by Council Member Kreun to approve the recommendation. Carried 12 votes affirmative.

APPROVE FY2001 DISADVANTAGED BUSINESS
ENTERPRISE GOALS AT 4%

The Bus Committee reported having considered the matter of approval of the FY2001 Disadvantaged Business Enterprise Goals at 4%, and recommended approval.

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

APPROVE BIDS AND AWARD CONTRACT FOR
ALERUS CENTER EQUIPMENT

The Events Center Core Committee reported having considered the matter of approval of bids and award of contracts for Alerus Center equipment, and recommended that we accept the bids for the following equipment: bike barricades and award the contract to Tamis for $4,200; folding tables and award the contract to K.I. for their bid of $106,119.71; folding chairs and award the contract to Clarin for $207,570; banquet chairs and award the contract to Virco for $102,588; spotlights and award the contract to Team Electronics for $113,350; stage materials and award the contract to Stageright for $253,714; forklifts and award the contract to the lowest qualified bidder, Clarklifts for $79,351; and for riding scrubber/sweeper and award the contract to the lowest qualified bidder, Tennent for $95,476.89.

It was moved by Council Member Babinchak 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, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Babinchak, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

DENY RESIGNATION OF COUNCIL MEMBER LUNAK

Mayor Brown reported that they had received a letter from Council Member Lunak resigning his position on the city council effective as of November 17, 2000 because of numerous health problems; that he has done an incredible job as a city councilman and has done an excellent job in representing the people of his ward. He stated that the city attorney had advised him that a resignation is not effective until it has been accepted by the City, that Mr. Lunak’s resignation has not been accepted. He stated that many people have contacted him, including members of the city council, and have asked that Mr. Lunak continue to serve and that he would like to have him continue to serve.

COMMUNICATION RE. BUS TRANSPORTATION SYSTEM

Mayor Brown reported he had received a letter from Gladys and Jack Friesch to the city council and to the finance and bus committees, that as senior citizens they wish to thank all who gave final approval for the senior bus transportation, all senior citizens in the city are very appreciative of your final vote to take this system over; and think that the council members have shown that they care about the senior population of the city and hope that the council’s action on the bus system will attract more seniors to Grand Forks, and thanked the council.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Gershman presented the matter of the River Forks Commission money, to take the balance of $138,000 and refer to Urban Development for reconsideration - $100,000 for special events with the balance of $38,500 going to the North Valley Arts Council for regranting to the arts community; that this money is unencumbered at this time.
2) Council Member Burke presented the matter to the first meeting of the committee of the whole or working sessions after the reorganization to have a report from Mr. Shields on pet store inspections to that date.
3) Council Member Hamerlik reported that currently our employees are under Medical Insurance of PERS, and upon retirement they are ineligible other than through COBRA for 18 months to participate in medical insurance, and makes a hardship for many people as some cannot get insurance and very costly. He stated that State law prevents our employees to participate (teachers, UND people under KREF and legislators are eligible) and should be looking into that for the benefit our employees and that the Pension and Insurance Committee will be looking at the possibility of looking at that - legislative action would be necessary to participate.
4) Council Member Hamerlik presented the matter of plowing of driveways, which was referred to the public service committee.
5) Council Member Hamerlik presented the matter of discrepancies regarding leaves of absences for employees, referred to mayor’s office, and then to the finance committee.
6) Council Member Hamerlik presented the matter of status of applications for public works director and city engineer with report to the finance committee.
7) Council Member Hamerlik requested that any future appointments by the mayor and to be approved by the council, be announced to the council several weeks ahead of time so that he can receive recommendations from the council members.
8) Council Member Bjerke asked if the public service committee looks at plowing of driveways, to come back with estimated cost.
9) Council Member Bjerke stated they received the monthly budget report from the finance department and would like to have the city auditor meet and review the budget report.
10) Council Brooks requested that council members be informed of openings on committees, and would like announcement at council meetings so public is also aware and can indicate interest to the mayor’s office.
11) Council Member Christensen stated they should look at process re. appointments and if have positions open and if people interested that they apply and submit a resume or reason for consideration.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Gershman that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor