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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 15, 1999

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 15, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Members Lucke - 1.

Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter .

Mayor Owens introduced two job shadow students, Katie Jacobson, senior at Red River High School, in the Mayor’s Office and Eric Gjildon, senior at Red River High School, in City Attorney’s Office; and also recognized Boy Scout Troop 5 in Grand Forks who were in the audience.

APPROVE MINUTES AUGUST 2 AND 16, 1999

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, August 2 and 16, 1999, were presented and read. It was moved by Council Member Martinson and seconded by Council Member Beyer that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3824, TO PERMIT RECYCLING
FACILITIES IN APPROPRIATE ZONING DISTRICTS

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II”, which had been introduced and passed on its first reading on October 18, 1999, and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

Mayor Owens 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.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code Rules and Definitions Section 18-0204(2); B-3 (General Business) District Section 18-0216(2); I-1 (Light Industrial) District Section 18-0218(2); and I-2 (Heavy Industrial) District Section 18-0219(2) to permit recycling facilities in appropriate zoning districts, and recommended final approval and passage of the ordinance amending the text of the Land Development Code. Council Members Hafner and Polovitz moved the recommendation for approval.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

TABLE SECOND READING OF ORDINANCE TO AMEND
THE ZONING MAP TO INCLUDE WITHIN SOUTH
CONGRESSIONAL PUD, (PLANNED UNT DEVELOPMENT,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1

An ordinance entitled “An ordinance to amend the zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the South Congressional PUD (Planned Unit Development), Concept Development Plan, and to include within the South Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1”, which had been introduced and passed on its first reading on October 18, 1999, and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

Mayor Owens 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.

The Planning and Zoning Commission reported having considered the matter of the request from Grand Forks Housing Authority on behalf of Grand Forks Homes, Inc. for final approval of an ordinance amending the Zoning Map to exclude from the South Congressional Planned Unit Development (PUD), Concept Development Plan and to include within the South Congressional Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1 (located between North 55th Street and North 53rd Street and between University Avenue and the Burlington Railroad right of way, and recommended tabling the request until the December, 1999 or January, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved and that the ordinance be tabled. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3825, RELATING TO LICENSE
FEES

An ordinance entitled “An ordinance amending Section 21-0106 of the Grand Forks City code relating to license fees”, which had been introduced and passed on its first reading on November 1, 1999, was presented and read for consideration on second reading and final passage.

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

Upon call for the question of adoption of this ordinance and upon voice vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBER LUNAK REPORTED PRESENT

POSTPONE SECOND READING OF ORDINANCE RE. ZONING
MAP TO INCLUDE WITHIN B-4 (CENTRAL BUSINESS)
DISTRICT ALL OF LOT 5, BLOCK 7, TRAILLS ADDITION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence - High Density) District and include within the B-4 (Central Business) District all of Lot 5, Block 7, Traills Addition to the city of Grand Forks, North Dakota, which had been introduced and passed on its first reading on October 6, 1997, and which had been tabled indefinitely, was presented and read for consideration on second reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from the Valdak Corporation dba Valley Dairy No. 6 for final approval of an ordinance to amend the zoning map to exclude from the R-4 (Multiple Family Residence-High Density) District and to include within the B-4 (Central Business) District al of Lot 5, Block 7, Traills Addition to the city of Grand Forks, North Dakota (located at 110 Belmont Road), and recommended final approval and passage of the ordinance amending the zoning map.

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

Dennis Potter, city planner, stated that this item had been back before the Planning Commission for final approximately two years ago and was tabled at that time, that they brought it off the table and took final action on it and then comes to council in a final action mode.

It was moved by Council Member Glassheim to table this matter to the next council meeting, December 6, 1999, so that people can be aware of this. Council Member Beyer seconded the motion. Carried 13 votes affirmative.

HOLD PUBLIC HEARING ON SALE OF $2,100,000 SEWER
RESERVE REVENUE BONDS, SERIES 1999D

The city auditor reported that notice to the public that the City proposes to construct a sewer system
improvement described as construction of Pump Station #38 and renovation of Pump Station #33 from
temporary to permanent, that the estimated cost of the improvement is $2,100,000, and that the City
council proposes to issue bonds to defray the 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 15, 1999 meeting, had been published as required and reported an insufficiency of protest
as no protests had been filed with the city auditor’s office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on
this matter. There were none.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik to declare an insufficiency of protest against the issuance of said bonds. Carried 13 votes affirmative.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING THE SALE OF SEWER RESERVE REVENUE BONDS,
SERIES 1999D TO FINANCE THE UNDERTAKING OF AN
EXPANSION AND IMPROVEMENT OF THE MUNICIPAL SEWER
UTILITY

Committee No. 1, Finance, reported having considered the matter of consideration of award of bids for the following bond issue: $2,100,000 Sewer Reserve Revenue Bonds, Series 1999D, and recommended that we award the bid to Isaak Bond Investments, Inc. at 5.6172% and adopt the resolution.

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

Brenda Krueger, Springsted, Inc., financial advisory firm, reported that that they took bids on Series 1999D and 1999E and received three bids on each of the two series of bonds that sold today, and the winning bidder on each series of bonds is Isaak Bond Investments, Inc., investment underwriting firm out of Denver and this is the first time this particular underwriter has ever purchased the City’s bonds. She stated that the interest rates received were very close to the estimates they did in September. She noted that when Mr. Erickson was here in October he was able to provide good news about the bond rating and both series of bonds were confirmed as an A-1 rating, and read several quotes out of Moodys report: “..That Moodys believes that Grand Forks’ strong financial position which has been thoroughly tested by challenges associated with flood recovery will be maintained due to ample reserve levels, demonstrated prudent financial policies and increased revenues resulting from post-flood economic resurgence. The general fund balance has remained stable for the last three years and flood recovery efforts continue to produce greater than budgeted permits, license fees and sales tax collections. The maintenance of ample balances attest to management controls and are key to the high quality of rating.”

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $2,100,000 Sewer Reserve Revenue Bonds, Series 1999D (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 20, 1999, The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 3 sealed 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 ere 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. 7904 - Bid Tabulation.

Council Member Brooks introduced the following resolution and moved its adoption, which motion was seconded by Council Member Hamerlik: Document No. 7905 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Carpenter, Babinchak, Bakken, Beyer, Bouley, Brooks, Glassheim, Hafner, Hamerlik, Lunak, Klave, Martinson, and Polovitz - 13; and the following voted against the same: None, whereupon the resolution was declared duly passed and adopted.

HOLD PUBLIC HEARING ON SALE OF $1,850,000 WATER
RESERVE REVENUE BONDS, SERIES 1999E

The city auditor reported that notice to the public that the City proposes to construct a water system improvement described as construction of Downtown Watermain Replacement, Phase l, and engineering fees on Phase 2, that the estimated cost of the improvement is $1,850,000, and that the City Council proposes to issue bonds to defray the 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 gainst the isuance 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 15, 1999 meeting, had been published as required and reported an insufficiency of protest as no protests had been filed with the city auditor’s office.

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

It was moved by Council Member Brooks and seconded by Council Member Hamerlik to declare an insufficiency of protest against the issuance of said bonds. Carried 13 votes affirmative.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING THE SALE OF WATER RESERVE REVENUE BONDS,
SERIES 1999E TO FINANCE THE UNDERTAKING OF AN
EXPANSION AND IMPROVEMENT OF THE MUNICIPAL
WATER UTILITY

Committee No. 1, Finance, reported having considered the matter of consideration of award of bids for the following bond issue: $1,850,000 Water Reserve Revenue Bonds, Series 1999E, and recommended that we award the bid to Isaak Bond Investments, Inc. at 5.6172% and adopt the resolution.

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

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $1,850,,100,000 Sewer Reserve Revenue Bonds, Series 1999D (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 20, 1999, The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 3 sealed 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 here 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. 7906 - Bid Tabulation.

Council Member Brooks introduced the following resolution and moved its adoption, which motion was seconded by Council Member Hamerlik: Document No. 7907 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Carpenter, Babinchak, Bakken, Beyer, Bouley, Brooks, Glassheim, Hafner, Hamerlik, Lunak, Klave, Martinson, and Polovitz - 13; and the following voted against the same: None, whereupon the resolution was declared duly passed and adopted.

REPORTS OF OFFICERS

The city auditor presented and read the investment report for the period ending October 31, 1999. It was moved by Council Member Bouley and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-20, dated November 15, 1999, and totaling $2,098,695.98, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

ACCEPT BIDS FOR Y2K DIESEL FUEL

Committee No. 1, Finance, reported having considered the matter of Y2K diesel fuel bids, and recommended acceptance of the bid from Cenex for 30,000 gallons of Artic brand diesel fuel at a unit price of $1.169 for a total price of $35,070.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE RELATING TO CIVIL
SERVICE SYSTEM

Committee No. 1, reported having considered the matter of consideration of Sections 6-0604, 6-0606s and 6-0607 relating to proceedings for discipline because of earlier changes re. disciplinary action, and recommended approval of the changes and introduce for the first reading (motion to reflect correction in Subsection 2, Notification, to at least five days).

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

Council Member Bakken introduced an ordinance entitled “An ordinance amending Sections 6-0604, 6-0606 and 6-0607 and adopting and enacting 6-0606.1 of the Grand Forks City code relating to the Civil Service System”, which was presented, read and passed on its first reading.

REJECT ALL PROPOSALS AND ALLOW DEPARTMENTS
TO CONTINUE TO SELECT TRAVEL AGENCY

Committee No. 1, Finance, reported having considered the matter of travel agency services, and recommended to reject all proposals and allow departments to continue to select the travel agency they are most comfortable with.

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

AUTHORIZE PAYMENT OF FEES TO DATE TO POLSON
ARCHITECTS FOR PUBLIC SAFETY FACILITY

Committee No. 1, Finance, reported having considered the matter of payment for Polson Architects, and recommended to authorize payment of fees to date to Polson Architects with a final amount to be determined by Monday with this being the final payment until the contract is finalized.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION REGARDING DIKE BONDS

Committee No. 1, Finance, reported that we adopt the Supplemental Resolution relating to the $10,730,000 General Obligation Dike Bonds, Series 1999A, term bonds.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved and the resolution be adopted.

Council Member Babinchak reported that this is an administrative item, that in the original resolution the term bonds were not addressed and this is supplemental resolution and it defines term bonds to the winning bidder and it’s a tool for the City to enhance the marketability of the bonds.

Upon call for the question and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

TABLE MATTER OF ELECTION REGARDING USE
TAX TO DECEMBER 6, 1999

Committee No. 1, Finance, reported having considered the matter of election regarding use tax, and recommended to adopt the resolution calling for a special election on the consideration of a use tax.

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

Council Member Babinchak moved to table this matter to December 6, 1999, the motion was seconded by Council Member Carpenter.

Mr. Swanson reported that he had previously forwarded to the council members drafts of the resolution and notice of an amendment to the Home Rule Charter with regard to a use tax, and this evening for your consideration he has handed out a resolution and notice of proposal to amend the Home Rule Charter with respect to the authority for selection of forms of government. The tabling of this matter would not have any impact as far as the timing of an ultimate special election.

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

APPROVE AGREEMENT WITH UTAH STATE UNIVERSITY
DIETETIC INTERNSHIP PROGRAM WITH HEALTH
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of agreement with Utah State University Dietetic Internship Program Agreement for period October 4, 1999 to April 21, 2000, and recommended approval.

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

APPROVE BUDGET AMENDMENTS

A request by the Police Department to transfer $3,183.71 within their budget to reflect restitution and Ins for damages to vehicles, donations to GREAT and Child ID, and billable overtime for UND and Red River events to cover expenses incurred, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 13 votes affirmative.

A request by the Health Department to transfer $1,500.00 within their budget to reflect October Food Manager certification class, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 13 votes affirmative.

APPROVE SNOWMOBILE ROUTE

Committee No. 2, Public Safety, reported having considered the matter of snowmobile route, and recommended to move the snowmobile route at the point of Mill Road to head to Red Dot and Alpha to the River.

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

APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR
ON SALE BEER & WINE) LICENSE AT 1149 36TH AVENUE
SOUTH

Committee No. 2, Public Safety, reported having considered the application by Parrot’s Cay, LLP, for
Class 3 (Off and/or On Sale Beer &Wine) license at 1149 36th Avenue South, and recommended approval contingent upon city attorney approval.

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

ADOPT COLUMBIA ROAD AND 32ND AVENUE SOUTH
CORRIDOR STUDY, PROJECT 5114, WITH MODIFICATION
AT COLUMBIA ROAD AND DEMERS INTERCHANGE AND
NOT DELETE STREET LIGHT ON 31ST

Committee No. 3, Public Service, reported having considered the matter of Columbia Road and 32nd Avenue South corridor study, and recommended that we adopt the plan with modification at Columbia Road and DeMers interchange and not to delete street light on 31st.

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

ACCEPT BIDS FOR CLAY AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for clay at landfill, and recommended to accept the low bid of Torgerson Trucking at $4.18 c.y. for 15,000 c.y. of clay for a total of $62,700.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried

ACCEPT BID FOR OIL STORAGE TANK

Committee No. 3, Public Service, reported having considered the bids for oil storage tank, and recommended to accept the low bid of Hobbs, Inc. for $7,860.00, including finish coat and below liquid manhole.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried

ACCEPT BID FOR REMOVAL OF OIL STORAGE TANKS

Committee No. 3, Public Service, reported having considered the bids for removal of oil storage tanks, and recommended to accept the low bid of Hobbs, Inc. in the amount of $600.00 to clean and dispose of 3 storage tanks and $500.00 for analytical testing.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried

APPROVE AMENDMENT NO. 1 FOR ENGINEERING
SERVICES FOR PROJECT NO. 5042

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1, construction administration, Advanced Engineering, project No. 5042, 7 million gallon reservoir modifications, and recommended to approve Amendment No. 1 in the amount of $10,000 for a not to exceed max. of $25,000.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried

APPROVE PLANS AND SPECIFICATIONS FOR
WATERMAIN REPLACEMENT LOT, PROJECT NO.4973

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4973, watermain replacement loop on North 15th Street and 8th Avenue North (CDBG), and recommended to approve plans and specifications and authorization to advertise for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5071, WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5071, water tower at the Central Business District (CDBG eligible), and recommended to approve plans and specifications for the project.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5072, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5072, watermain on Gateway Drive from 42nd to 47th Streets and from 53rd to 55th Streets (CDBG eligible), and recommended to approve plans and specifications for this project.

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

APPROVE PLANS AND SPECIFICTIONS FOR PROJECT
NO. 5073, WATERMAIN
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5073, watermain on north Columbia Road from University Avenue to Gateway Drive (CDBG eligible), and recommended to approve plans and specifications for this project.

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

APPROVE PLANS AND SPECIFICTIONS FOR PROJECTS
NOS. 4981 AND 4982, REHABILITATE SANITARY PUMP
STATIONS #14 AND #15

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4981 and 4982, Rehabilitate Sanitary Pump Station #14 and #15 (CDBG eligible), and recommended to approve plans and specifications, and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4824.2, MILL AND OVERLAY STREETS CITY WIDE,
PHASE II

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4824.2, Mill and Overlay Streets City-wide Phase II (CDBG), and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5104, 2000 CONCRETE STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5104, 2000 concrete street repair (CDBG), and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5105, 2000 ASPHALT STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5105, 2000 asphalt street repair (CDBG), and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BID FOR PROJECT NO. 4971, WATER TOWER
LEVEL CONTROLS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4971, Water Tower Level Controls (CDBG eligible), and recommended to allow Sun Electric to withdraw their bid, and to accept the bids as follows: Mechanical contract, Moorhead Construction, $50,945.00; and Electrical contract, Samson Electric, $146,968.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4970, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4970, watermain on Columbia Road from DeMers to University Avenue and connection to UND water tower (CDBG), and recommended to accept the low bid of ICS in the amount of $476,404.00, contingent upon approval of Change Order No. 1.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 1, WATERMAIN
PROJECT NO. 4970

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4970 watermain on Columbia Road (DeMers to University) and connection to UND water tower, Change Order #1 (CDBG), and recommended to approve Change Order #1 in the amount of $109,814.20 to Industrial Contract Services, contingent upon engineering department’s approval.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4806

Committee No. 3, Public Service, reported having considered the matter of change order for Project no. 4806, paving Mill Road from Gateway Drive to Highway 81, Change Order No. 1 (CDBG), Strata corporation, contractor, $759.46, and recommended to approve the change order.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 5028.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project no. 5028.1, Flood Mitigation Phase II, Change Order No. 3 (CDBG), Molstad Excavating, Inc., $33,500.00, and recommended to approve the change order.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHAGE ORDER FOR PROJECT NO. 5028.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5028.2, Flood Mitigation Phase III, C.O. No. 1 (CDBG), Wagner Construction, Inc., contractor, $39,300.00, and recommended to approve the change order in the amount of $39,300.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

COUNCIL MEMBER LUNAK EXCUSED

ACCEPT BID FOR RENOVATION OF OIL RETRIEVAL
TRUCK

Committee No. 3, Public Service, reported having considered the matter of bids for renovation of oil retrieval truck, and recommended to accept bid of Hobbs, Inc. to renovate for $7,792.00 conditioned upon approval by the State DOT, and that if the State does not approve, to accept the approved design in the amount of$16,656.00.

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

Todd Feland, Public Works, reported that the DOT did not accept the design for the lower bid, and asked
that they approve the DOT accepted design in the amount of $16,656.00 to Hobbs, Inc.

It was moved by Council Member Hafner and seconded by Council Member Klave to amend the motion to accept the approved design by the Department of Transportation in the amount of $16,656.00 to Hobbs, Inc. Carried 12 votes affirmative.

Upon call for the question on the motion, as amended and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

COUNCIL MEMBER LUNAK REPORTED BACK

APPROVE MORTENSON CHAGE ORDERS TO CORPORATE
CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval to Corporate Center change orders to: Construction Engineers in the amount of $1,153; Construction Engineers in the amount of $1,668; McFarlane Sheet Metal in the amount of $136; and Hanson Electric in the amount of $7,829.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Cameo Homes in the amount of $46,306.36.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Opp Construction in the amount o $20,300.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motions carried.

APPROVE SOUTH 3RD STREET PURCHASE AND
REDEVELOPMENT AGREEMENTS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street purchase and redevelopment agreements, and recommended approval.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

CONSIDER MITIGATION AGREEMENT FOR
HISTORIC PROPERTIES ACQUIRED FOR PHOENIX
SCHOOL GREENSPACE

Committee No. 4, Urban Development, reported having considered the matter of mitigation agreement for historic properties acquired for Phoenix School greenspace, and recommended approval of the mitigation agreement.

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

Gerry Alberts, 113 Walnut Street, stated that according to the paper the City will be moving 402 onto 102 Chestnut which is a 50 x 90’ lot, that there are 3 lots on the corner and they would like a house there but would like the house put on a full size lot.

Council Member Glassheim stated that was part of the motion as it came out of Urban Development, that the back portion would be platted into the long portion and restored to a 50’x140’ lot.

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

APPROVE GOVERNMENT STRUCTURE RE. JOB
DESCRIPTION FOR ADMINISTRATIEVE COORDINATOR

The following motion had been presented to the city council at its special meeting held on November 11, Committee No. 4, Urban Development, reported having considered the matter of government structure - administrative coordinator, and recommended that we adopt the recommendations of the Government Structure Review Committee concerning the administrative officer position; which had been seconded by Council Member Beyer and Glassheim. Council Member Glassheim then moved the following amended motion that the bullet points on sheet entitled “Proposed Substitute Motion Eliot Glassheim November 11, 1999” except the one by contract which has already been passed, be substituted for this item.”, which was tabled to tonight’s meeting:

1) that the administrator coordinator be responsible for seeing that a complaints system be set up and faithfully kept; and that the AC see that the process for handling and responding to complaints assures that these complaints be refereed to departments and sub departments which are responsible for the service; and that the departments report to the administrative coordinator on the disposition of the complaint;
2) that the administrative coordinator give a monthly status report to the council on the major items the office has dealt with, and hear council concerns which should be reported on in the next month’s status report;
3) that the administrative coordinator be hired by the mayor with the concurrence of council; the position reports to the mayor; all department heads report to the administrative coordinator; the mayor is the final authority in regard to department heads;
4) that the position have department head rank;
5) that the purpose of the position is coordinator of administration; protection of departments from political pressures; resolution of conflicting goals or means between departments; and timely professional response to policy concerns of the council;
6) that portions of the assistant to the mayor job description be deleted from administrative coordinator, especially clerical and office manager functions, which should be part of a separate job description for mayor’s assistant, and ombudsman functions, which should be distributed out to the departments responsible;
7) that the Grand Forks Government Structure Review Committee will meet with the mayor, council and department heads after six months to evaluate the change and make additional recommendations if necessary; and
8) that this statement of intention be referred to a task force whose purpose is to make recommendations to the Human Resource Director for the job descriptions for administrative coordinator and mayor’s assistant and to establish a process for hiring the administrative coordinator; and that these be returned by the Human Resource Director to the finance committee for review. The task force is to consist of the mayor, the president of the council, the chair of the Government Structure Review committee, and a representative of the department head association.

The amended motion, which was seconded by Council Member Beyer was on the floor.

Council Member Bakken stated that this was being done partially because of the restructuring of council size and that as yet we don’t know what size council we are going to have, and this may not be a necessary position at all depending on what happens after the election, and not for creating another position if the council stays the same size.

It was moved by Council Member Martinson that this matter be tabled until the next council meeting on December 6; there was no second to the motion.

After further discussion and upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner - 8; voting “nay”: Council Members Brooks, Polovitz, Hamerlik, Bakken, Martinson - 5. Mayor Owens declared the motion carried.

Upon call for the original motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner - 9; voting “nay”: Council Member Brooks, Polovitz, Bakken, Martinson - 4. Mayor Owens declared the motion carried.

APPROVE ADDITIONAL MONIES FROM PROGRAM INCOME

Committee No. 4, Urban Development, reported having considered the matter of request for additional LMI down payment assistance for Congressional housing, and recommended approval of an additional $100,000 from program income for five $20,000 LMI assistance vouchers and authorize publication of a 30-day notice for the public hearing.

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

Mr. O’Leary reported that funding is from program income from the CDBG program which doesn’t apply to the cost matrix (money being generated from activities) and LMI requirements apply for the program income and that’s why these vouchers are being dedicated for LMI households. He also pointed out that they are down to 27 houses and out of the additional vouchers for LMI, 3 have been approved.

After further discussion and upon call for the question and upon roll call vote, the following voted “aye”: Council Members Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: Council Member Brooks - 1. Mayor Owens declared the motion carried.

APPROVE PLAT OF AUDITOR’S RESUBDIVISION NO. 29

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the city of Grand Forks, North Dakota, for final approval of a plat of Auditor’s Resubdivision No. 29 to the city of Grand Forks, North Dakota (located between DeMers Avenue and the Burlington Northern Railroad right of way and between South3 rd Street and the Red River), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE REPLAT OF LOTS 12 AND 13, BLOCK 2,
BURDICK’S RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Grand forks Homes on behalf of Greg and Candy Aamold and Jeff and Gwen Chappell for final approval (fast track) of a Replat of Lots 12 and 13, Block 2, Burdick’s Resubdivision, Grand Forks, North Dakota (located at 440 and 442 Burdick Court), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF UTILITY EASEMENT
IN LOT 1 AND LOT A, BLOCK 2, INDUSTRIAL RESUB-
DIVISION NO. 3 AND IN LOTS 1 AND 2, BLOCK 2, INDUSTRIAL
RESUBDIVISION NO. 4

The Planning and Zoning Commission reported having considered the matter of the request from Henningsen Cold Storage company for approval to vacate a 20-foot wide east-west utility easement lying in Lot 1 and Lot A (formerly a part of Lot 2), Block 2, Industrial Resubdivision No. 3, and laying in Lots 1 and 2, Block 2, Industrial Resubdivision Number 4, Grand Forks, North Dakota, more specifically described as lying in the southerly 10 feet of said Lots 1 and A, Industrial Resubdivision No. 3 and lying in the northerly 10 feet of said Lots 1 and 2, Industrial Resubdivision Number 4 excepting the easterly 10 feet thereof which is a part of a 10-foot wide north-south utility easement, and recommended approval of the vacation request and to set the date of the public hearing for January 3, 2000.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO REZONE AND INCLUDE WITHIN THE B-3 (GENERAL
BUSINESS) DISTRICT, LOT 4, BLOCK 4, SUNNY NODAK
FARMS ADDITION

The City Planning and Zoning Commission reported having considered the matter of request from Ed Nelson on behalf of Nelson Masonry, Inc. for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include in the B-3 (General Business) District, Lot 4, Block 4, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (located on North 62nd Street near 12th Avenue North), 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 6, 1999.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) district and include within the B-3 (General Business) District, Lot 4, Block 4, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE GREENBERG PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of an ordinance amending the zoning map to exclude from the Columbia Park PUD (Planned Unit Development), Amendment No. 10, Concept Development Plan and the A-1 (Limited Development) District and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan (located between 32nd Avenue South and 40th Avenue South extended and between South 34th Street and the Interstate 29 right of way), and recommended preliminary approval subject to the special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for December 6, 1999.

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

Council Member Babinchak 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 Columbia Park PUD (Planned Unit Development), Amendment No. 10, Concept Development Plan, and the A-1 (Limited Development) District and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS F WAY
SHOWN AS DEDICATED ON THE PLAT OF COLUMBIA
PARK 27TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of a plat of Columbia Park 27th Addition to the city of Grand Forks, North Dakota (located between 32nd Avenue South and 36th Avenue South and between South 34th Street and Interstate 29 right of way), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amendment the Street and Highway Map and to set the date of the public hearing for December 6, 1999.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Babinchak introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 27th Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE PLAT OF
KANNOWSKI’S FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Red River Foundation for preliminary approval of a Replat of Lot 7, Block 1, Kannowski’s First Addition to the city of Grand Forks, North Dakota (located east of South Columbia road and between 55th Avenue South extended and 58th Avenue South extended), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for December 6, 1999.

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

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

AUTHORIZE ISSUING RFP FOR HOTEL NEAR THE
AURORA

The Events Center Core Committee reported having considered the matter of issuing an RFP for a hotel near The Aurora, and recommended approval of the RFP with the document to be mailed out November 10.

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

CONSIDER MATTER OF SOUTHEND ALIGNMENT

The Flood Protection Committee reported having considered he matter of southend alignment, and recommended to reject the yellow line alignment as proposed by the County.

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

APPROVE SECOND AMENDMENT TO DEFINED BENEFIT
PLAN

The Pension and Insurance Committee, reported having considered the matter of approval of Defined Benefit Plan second amendment, and recommended to approve the second amendment to the Defined Benefit Plan with an effective date of February 1, 2000.

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

APPROVE CHANGES IN AELTUS DISCRETIONARY
ASSET MANAGEMENT PROGRAM

The Pension and Insurance Committee reported having considered the matter of Aeltus discretionary asset management program changes, and recommended that the council approve changes as requested by
Aeltus and authorize signing of documents by proper officials.

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

APPROVE ACCEPTANCE OF LIFE INSURANCE PROPOSAL
BY NATIONAL INSURANCE SERVICES

The Pension and Insurance Committee reported having considered the matter of review of life and disability proposals, and recommended that council approve the acceptance of the life insurance proposal by National Insurance Services Madison National Life w/Madison National Ltd. and the disability insurance proposal by Nation Insurance Services Madison National Life w/Madison National Ltd. at a cost saving of $80,000.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

The Pension and Insurance Committee reported having considered the matter of review of life and disability proposals, and recommended an effective date for new contracts of December 1, 1999.

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

CONSIDER MATTER OF EXECUTIVE SESSION HELD
ON NOVEMBER 12, 1999

Council Member Lunak asked if he would be able to get a copy of the tape recording of the executive session of the meeting last week. Mr. Swanson stated he would not be able to receive a copy of the tape recording, and stated that the legal issue is whether or not a member of the body can listen to the executive session when they were not present, and he doesn’t know the answer to that issue and he will review that and give him an opinion.

David Thompson asked if there was an opportunity for members of the public to ask questions about the procedure that took place last Friday because he has some specific questions about the procedure which was undertaken and he would address those questions to council and they can defer them or refer them to council if they wish. He stated he has some serious questions about the legality of what took place and some questions about the substance of what went on.

Mayor Owens stated this is a controversial topic and not on the agenda so possibly not addressed tonight.
Mr. Thompson stated he was trying to make it so that they don’t get to the point of following the statutory procedure of filing a complaint with the Attorney General as an interested party and then commencing a law suit on a taxpayer class action basis or pursuant to the statutes specifically 4404 21.1 and 21.2, and thinks this was disaster and will follow up; and that he thinks Council Member Lunak has a legal opportunity to listen to that tape and has a right to access to that meeting.

Council Member Beyer moved that we declare this matter as controversial since it’s not printed on the agenda; the motion was seconded by Council Member Babinchak.

Mr. Thompson stated that he would hope there would be a time allocated in the near future for public comment on this and that’s his question to the council and mayor and would like some kind of specificity.

The motion carried 12 votes affirmative, Council Member Lunak voted against the motion.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to the council and referred to committee for consideration.

1) Council Member Klave stated he was in North Carolina last week and initial on-set of the trip was to meet with builders associations to discuss flood recovery, and did lead over into city government, city management, department heads, county departments in the two cities and counties he was in, some of the questions he had deferred to department heads and some he will defer to others, and that he wanted to commend our council, department heads, staff - that what he saw what went on there and some of the problems they have, we have done an excellent job and we are moving forward at a very good pace in comparison to what they have there, and their biggest question is how we move as fast as we did, and many compliments were given to Grand Forks government and department people for the good job they’ve done on the research, and they’ve done mass amounts of research on our community after their flooding.
2) Council Member Beyer presented the matter of the South Washington project, no dedicated left hand turn signals at 32nd Avenue South, and matter referred to public works director.
3) Council Member Beyer presented the matter of pedestrians crossing street in front of Norman’s Funeral Home rather than using the safety crosswalk that was installed - referred to traffic engineer.
4) Council Member Brooks presented the matter of RFP for bank services which was presented to the finance committee.
5) Council Member Brooks asked for report on the Corporate Center to the city council relative to costs, time frames, etc.
6) Council Member Carpenter moved the adoption of a resolution of appreciation of the many years of effort that Joel Manske put forth on behalf of the best interests of the citizens of Grand Forks. Council Member Hafner seconded the motion. Carried 13 votes affirmative.
7) Council Member Hafner asked the press to take note of the information the City received from Springsted in regards to the bonding, that it’s very important what the financial part of this city has done to preserve the financial integrity of this community; and thinks the people of Grand Forks deserve to know that this city is in good financial state.
ADJOURN

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

Respectfully submitted,


Candi Stjern, Acting City Auditor

Approved:
________________________________________
Patricia A. Owens, Mayor