PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA October 18, 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, October 18, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken - 11; absent: Council Members Hafner, Martinson - 2
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.
COUNCIL MEMBER BEYER REPORTED PRESENT
Mayor Owens called on Kevin Dean, Information Office, and stated that we h ave put together through the Information office a video of our flood control project, both temporary and permanent, that we have in place so that the citizens of Grand Forks will know that they are well protected.
Kevin Dean, Information Office, stated th at approx. a month ago the council did approve the funds to put together this video tape and have been working on it since that time and have just completed it and wanted to show it to council tonight and what they will be showing to other people throughou t the community. Mr. Dean ran the video which runs a little over 10 minutes long, and they have been in contact with a number of service organizations, the Grand Forks Chamber of Commerce, the Forx Builders Association, Board of Realtors to get this tape out to them. He stated they would put it on Public Access Channel 3 and will contact WDAZ-TV and are also planning to take this to Columbia Mall and putting it on a loop tape that runs over and over allowing people to see that as well, and with this information will help educate the public so they are aware of what’s going on in Grand Forks.
APPROVE MINUTES
Typewritten copies of the minutes of the regular meetings of the city council held on Monday, June 7 and June 21, 1999, were presented and read. It was moved by Council Member Bakken and seconded by Council Member Bouley that these minutes be approved as read. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3821, AMENDING ZONING MAP TO INCLUDE WITHIN THE B-4 (CENTRAL BUSINESS) DISTRICT THE REAR 50 FEET OF LOTS 9 AND 11, BLOCK 11, AND LOTS 10 AND 12, BLOCK 11, ORIGINAL TOWNSITE
An ordinance entitled “An ordinance to amend the Zoning Map of the City of Grand Forks, North Dakota, to rezone and exclude from the B-1 (Limited Business) District and include within the B-4 (Central Business) District, the rear 50 feet of Lots 9 and 11, Block 11, Original Townsite, and Lots 10 and 12, Block 11, of the Original Townsite, Town of Grand Forks, Grand Forks, North Dakota”, which had been intro duced and passed on its first reading on September 7, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor presented and read the report fro m the Planning and Zoning Commission that they had considered the matter of the request from Planning Department on behalf of the Salvation Army building and Executive Corner building for final approval of an ordinance to amend the Zoning Map to exclude from the B-1 (limited Business) District and to include in the B-4 (Central Business) District, the rear 50 feet of Lots 9 and 11, Block 11, Original Townsite, and Lots 10 and 12, Block 11 of the Original Townsite, Town of Grand Forks, Grand Forks, North Dak ota (located at 300 North 5th Street and 414 University Avenue), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Brooks and Bakken.
Upon call for the q uestion of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3822, RELATING TO APPEALS FROM DISCIPLINARY ACTION
An ordinance entitled “An ordinance amending Section 6-0605 of the Grand Forks City Code relating to appeals from disciplinary action”, which had been introduced and passed on its first reading on September 20, 1999, was presented and read for consideration on second reading.
Committee No. 1, Finance, reported having considered the matter of ordinance relating to appeals from disciplina ry action, and recommended to reaffirm the previous decision but amend for clarification purposes as follows: under Section I of Section 6-0605, Subsection 1 “From disciplinary action by department head”, insert “by a department head”, under Subsection 2 “From disciplinary action by the mayor”, delete the word “the” and add “any” and insert the three words “by the mayor”.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved and th at the ordinance be amended. Carried 12 votes affirmative.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF PROTEST AND DIRECT THAT RESOLUTION OF ANNEXATION OF AUDITOR’S SUBDIVISION NUMBER 28 AND STRIP OF PROPERTY BE FILED AND ANNEXATION ACCOMPLISHED
The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed September 7, 1999, annexing all of Auditor’s Subdivisi on Number 28 and a strip of property 180 feet north of the quarter line to the City of Grand Forks, North Dakota, being a part of the East Half of Section 32, Township 152 North of Range 50 West of the 5th Principal Meridian (located north of Valley Contra cting containing approximately 73.5 acres more or less), and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.
The city audit or exhibited the affidavit of publication indicating publication on September 14 and 21, 1999; and further reported that no written protests had been filed with the 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 Lunak that a finding of insufficiency of protest to the annexation be entered. Carried 12 votes affirmative.
It was moved by Council member Brooks and seconded by Council Member Babinchak that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 12 votes affirmative.
HOLD PUBLIC HEARING ON SALE OF $1,255,000 STORM SEWER RESERVE REVENUE BONDS, SERIES 1999C
The city auditor reported that notice to the public that the City proposes to construct a storm sewer system improvement described as Southend Drainway Phase III, Golf Course portion, that the estimated cost of the improvement is $1,255,000, 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 wo uld be made at its October 18, 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 wh o had comments to make on this matter. There were none.
It was moved by Council Member Carpenter and seconded by Council Member Brooks to declare an insufficiency of protest against the issuance of said bonds. Carried 12 votes affirmative.
ADOPT RESOLUTION RELATING TO $10,730,000 GENERAL OBLIGATION DIKE BONDS, SERIES 1999A; AUTHORIZING ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR
Committee No. 1, Fina nce, reported having considered the award of bids for the following bond issue: $10,730,000 G.O. Dike Bonds, Series 1999A, and recommended that we award bid to Dain Rauscher, Incorporated at 5.6323% and approve the resolution.
It was moved by Council Memb er Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Alan Erickson, Springsted, Inc., reported that bids came in very well despite strangeness in market last Friday; that the City retained its AA3 rating in its general obligation debt, that representatives of Moody’s were here this summer, and read the written report that was issued out of New York City on October 14: “Moody’s has assigned a double A3 rating and a stable elem ent to the City of Grand Forks, $10,730,000 G.O. Dike Bonds, Series 1999A, and $6,825,000 Refunding Improvement Bonds, Series 1999B, the high quality rating and stable outlook are based on the City’s strong regional economy, committed leadership and sound management strategies that continue to successfully guide the city through the extensive development and redevelopment needed as a result of the spring 1997 Red River flood and catastrophic downtown fire, well managed finances that continue to provide ampl e equity to absorb the extreme flood related cash flow pressures and the debt position which is now high and may continue to increase further in the short term but is expected to moderate as the tax base grows with new construction.” He stated that one of the concerns they did have was the amount of debt coming on because of the dike but they feel that because of the past performance of the City and the current performance of the City Council and staff that they’re very happy with what’s going on.
The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $10,730,000 General Obligation Dike Bonds, Series 1999A (the Bonds) of the City, Bids for which were to be considered at this meeti ng 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 (Dai n Rauscher Incorporated, U.S. Bancorp Piper Jaffray Inc. and Morgan Stanley Dean Witter) at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 7887 - Bid Tabulation.
Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council Member Brooks: Document No. 7888 - Resolution.
Upon vote being taken thereon, the following voted in favor thereof: Council Member s Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted
ADOPT RESOLUTION ESTABLISHING TERMS AND DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT WARRANTS ON FUNDS OF VARIOUS SANITARY SEWER DISTRICTS, STORM SEWER DISTRICTS, ALLEY PAVING DISTRICTS AND STREET LIGHTING DISTRICTS, WATER- MAIN DISTRICTS, PARKING RAMP DISTRICT AND SIDEWALK EASEMENT DISTRICT AND PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE SUPPORT AND MAINTENANCE OF THE FUNDS; AND ADOPT RESOLUTION DIRECTING ISSUANCE OF $6,825,000 REFUNDING IMPROVEMENT BONDS, SERIES 1999B AND PRESCRIBING THE TERMS AND COVENANTS THEREOF
Committee No. 1, Finance, reported having considered the award of bids for the following bond issue: $6,825,000 Refunding Improvement Bonds, Series 1999B, and recommended that we award bid to Dain Rauscher incorporated at 5.4731% and approve resolutions.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Carpenter introduced the following resolution and moved its adoption: Document No. 7889 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.
Council Member Carpenter then introduced the following resolution and moved its adoption: Document No. 7890 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Alderman Brooks and upon vote being taken thereon the following voted in favor: Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.
ADOPT RESOLUTION AUTHORIZE ISSUANCE AND AWARDING THE SALE OF STORM SEWER RESERVE REVENUE BONDS, SERIES 1999C TO FINANCE THE UNDERTAKING OF AN EXPANSION AND IMPROVEMENT OF THE MUNICIPAL STORM SEWER UTLITY
Committee No. 1, Finance, reported having considered the award of bids for the following bond issue: $1,255,000 Storm Sewer Reserve Revenue bonds, Series 1999C, and recommended that we award bid to Norwest Investment Services, inc. at 4.6381% and adopt resolution.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
The city auditor presented and read an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $1,255,000 Storm Sewer Reserve Revenue Bonds, Series 1999C (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 20, 199 9. The affidavit was examined and approved and ordered placed on file.
The city auditor reported that 2 sealed bids for the purchase of the Bonds had been received from the following institutions (Norwest Investment Services, Inc., Morgan Stanley Dean Wi tter) at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 7891 - Bid Tabulation.
Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council Member Brooks: Document No. 7892 - Resolution. Upon vote being taken thereon, the following voted in favor thereof: Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer Babinchak, Bakken - 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4236.1, DISTRICT NO. 353.1
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4246.1, Sewer District No. 353.1, in the amount of $15,032.00 , an d reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 11 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4519, DISTRICT NO. 381
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4519, Sewer District No. 381, in the amount of $44,962.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It w as moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4519.1, DISTRICT NO. 381.1
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4519.1, Sewer District No. 381.1, in the amount of $41,838.00, and reported that the legal notice to the public that these as sessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4661, DISTRICT NO. 391
The city auditor presented and read the assessments as mad e by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4661, Sewer District No. 391, in the amount of $842,800.00, and reported that the legal notice to the public that these assessm ents would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Be yer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly , to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4838, DISTRICT NO. 399
The city auditor presented and read the assessments as made by the Special Assessment Commi ssion and the approval and confirmation of these assessments by the Commission on Project No. 4838 , Sewer District No. 399, in the amount of $415,700.00, and reported that the legal notice to the public that these assessments would be presented to the cit y council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4463, DISTRICT NO. 387
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirm ation of these assessments by the Commission on Project No. 4463, Sewer District No. 387, in the amount of $880,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4521, DISTRICT NO. 382
The city auditor presented and read the assessments as mad e by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4521, Sewer District No. 382, in the amount of $31,860.00, and reported that the legal notice to the public that these assessment s would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4521.1, DISTRICT NO. 382.1
The city auditor presented and read the assessments as made by the Special Assessment Co mmission and the approval and confirmation of these assessments by the Commission on Project No. 4521.1, District No. 382.1, in the amount of $74,340.00, and reported that the legal notice to the public that these assessments would be presented to the cit y council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4707, DISTRICT NO. 393
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4707, Sewer District No. 393, in the amount of $364,700.00, and re ported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of p rincipal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4713, DISTRICT NO. 392
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4713, Sewer District No. 392, in the amount of $583,500.00, and reported that the legal notice t o the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with intere st on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4768, DISTRICT NO. 398
The city auditor presented and read the assessments as made b y the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4768 , Sewer District No. 398, in the amount of $678,600.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4792, DISTRICT NO. 395
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4792, Sewer District No. 395, in the amount of $31,900.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER PROJECT NO. 4802, DISTRICT NO. 396
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4802, Sewer District No. 396, in the amount of $45,400.00, and reported that the legal notice to the public that these assessments would be presented to the city counc il at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinc hak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, ALLEY PAVING PROJECT NO. 5022, DISTRICT NO. 569
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirma tion of these assessments by the Commission on Project No. 5022, Alley Paving District No. 569, in the amount of $22,400.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 20 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 4498, DISTRICT NO. 555
The city auditor presented and read the assessments as m ade by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4498, Paving District No. 555, in the amount of $82,600.00, and reported that the legal notice to the public that these as sessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none. It was moved by Council Membe r Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance ye arly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 4522, DISTRICT NO. 554
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4522, Paving District No. 554, in the amount of $250,580.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 4795, DISTRICT NO. 556
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4795, Paving District No. 556, in the amount of $196,500.00, and r eported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 4801, DISTRICT NO. 557
The city auditor presented an d read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4801, Paving District No. 557, in the amount of $196,700.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, PAVING PROJECT NO. 4825, DISTRICT NO. 559
The city auditor presented and read the assessments as mad e by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4825, Paving District No. 559, in the amount of $45,630.00, and reported that the legal notice to the public that these asses sments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 7 annual installments of principal, together with interest on the unpaid balance yearl y, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4506, DISTRICT NO. 115
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4506, Street Lighting District No. 115, in the amount of $54,400.00, an d reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4509, DISTRICT NO. 118
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4509, Street Lighting District No. 118, in the amount of $22,400.00, and reported that t he legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, tog ether with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4597, DISTRICT NO. 119
The city auditor presented and re ad the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4597, Street Lighting District No. 119, in the amount of $43,700.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4635, DISTRICT NO. 120
The city auditor presented and read the assessme nts as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4635, Street Lighting District No. 120, in the amount of $19,000.00, and reported that the legal notice to the public t hat these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with interest on the unpa id balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4636, DISTRICT NO. 121
The city auditor presented and read the assessments as made by t he Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4636, Street Lighting District No. 121, in the amount of $24,700.00, and reported that the legal notice to the public that these assess ments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member B eyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with interest on the unpaid balance yearl y, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4637, DISTRICT NO. 122
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4637, Street Lighting District No. 122, in the amount of $25,500.00, an d reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4639, DISTRICT NO. 124
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4639, Street Lighting District No. 124, in the amount of $18,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, to gether with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4641, DISTRICT NO. 125
The city auditor presented and r ead the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4641, Street Lighting District No. 125, in the amount of $12,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, STREET LIGHTING PROJECT NO. 4642, DISTRICT NO. 126
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4642, Street Lighting District No. 126, in the amount of $31,300.00, an d reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WATERMAIN PROJECT NO. 4520, DISTRICT NO. 252
The city auditor pres ented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4520, Watermain District No. 252, in the amount of $40,466.00, and reported that the leg al notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WATERMAIN PROJECT NO. 4520.1, DISTRICT NO. 252.1
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4520.1, Watermain District No. 252.1, in the amount of $42,084.00, and reported that the legal notice to the pu blic that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with inte rest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WATERMAIN PROJECT NO. 4706, DISTRICT NO. 260
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4706, Watermain District No. 260, in the amount of $318,700.00, and reported that the legal notice to the public that th ese assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Counci l Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid bal ance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WATERMAIN PROJECT NO. 4794, DISTRICT NO. 262
The city auditor presented and read the assessments as made by the Special A ssessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4794, Watermain District No. 262, in the amount of $50,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and secon ded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative. APPROVE ASSESSMENTS, WATERMAIN PROJECT NO. 4839, DISTRICT NO. 264
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4839, Watermain District No. 264, in the amount of $104,400.00, an d reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WATERMAIN PROJECT 4919, DISTRICT NO. 265
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4919, Watermain District No. 265, in the amount of $92,100.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WATERMAIN PROJECT NO. 4979, DISTRICT NO. 266
The city auditor presented and read the assessmen ts as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4979, Watermain District No. 266, in the amount of $264,755.00, and reported that the legal notice to the public th at these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by C ouncil Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpai d balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, BUILDING NUISANCE ABATEMENT PROJECT NO. 5068
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 5068, Building Nuisance Abatement, in the amount of $210.00, and report ed that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessment be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installments of princip al, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, SEWER CONNECTION FEE PROJECT NO. 1099
The city auditor presented and read the a ssessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 1099, Sewer Connection Fee, in the amount of $16,504.96, and reported that the legal notice to the public that t hese assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Counc il Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 13 annual installments of principal, together with interest on the unpaid ba lance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, 1998 SIDEWALK PROJECT NO. 4720.1
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on 1998 Sidewalk Project No. 4720.1, in the amount of $7,967.94, and reported that the legal notice to the public that these assessments would be presented to the city counc il at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 4 annual installments of principal, together with inter est on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, 1999 SIDEWALK PROJECT NO. 4907
The city auditor presented and read the assessments as made by the Sp ecial Assessment Commission and the approval and confirmation of these assessments by the Commission on 1999 Sidewalk Project No. 4907, in the amount of $163,458.86, and reported that the legal notice to the public that these assessments would be presente d to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Co uncil Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, WEED CONTROL PROJECT NO. 4977
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirm ation of these assessments by the Commission on Project No. 4977, Weed Control, in the amount of $7,341.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are he reby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.
APPROVE ASSESSMENTS, DELINQUENT WATER BILLING PROJECT NO. 9001.6
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 9001.6, Delinquent Water Billing, in the amount of $16,451.69, and repo rted that the legal notice to the public that these assessments would be presented to the city council at this meeting had been filed with the auditor’s office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of princ ipal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative. REPORTS OF OFFICERS
The city auditor’s cash report as of September 30, 1999, was presented and read. it was moved by Council Member Bakken and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 12 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENT
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City hall on Thursday, September 16, 1999, that notice had been published as required and that the following appeals were heard: 10) Cliff Coss on behalf of Tw in City Motors,1217 1st Avenue North, request for variance to the paving and landscaping requirements to construct an auto sales lot, variance was submitted with the following stipulations: curbing be provided for the 5 foot landscaping area to the east, the landscaping to be only grass and shrubs as required for a Type E buffer yard, a curbed Type S landscaping area and buffer yard 10 feet wide shall be provided on the north, the west buffer yard shall be a Type S landscaping area with no curb., the south buffer yard and curbing shall be eliminated; 2) Brent Wilson, 2503 Clover Drive, request for variance to the side yard setback requirement to construct an addition to the attached garage, variance approved allowing a 3 ft. of setback from the property li ne to construct an addition to the attached garage; 3) Michael and Linda Hergert, 1110 Chestnut Street, request for variance to the accessory building requirements to construct a detached garage, variance approved to construct a detached garage with a side yard setback of one foot from the property line, with the following stipulations: fire code 5/8ths inch sheetrock be installed on the inside of the north wall and the overhang on be kept to a minimum on the north wall; 4) Eric Magnuson and Marilyn Leshuk , 5274 9th Avenue North, request for variance to the side yard setback requirements in order to construct a deck, variance approved to allow the proposed deck to be one foot from the property line; 5) Meridith Richards on behalf of the Urban Development Of fice of the City of Grand Forks, 609 and 615 South 5th street, request for variance to the rear yard setback requirements in order to move a home to the site, variance approved to allow a reduction in the rear yard setback from forty (40) feet to thirty (3 0) feet to move the home to the site.
It was moved by Council Member Beyer and seconded by Council Member Brooks that this report be and is hereby received and filed. Carried 12 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 99-18, date d October 18, 1999, and totaling $1,913,257.04, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Beyer and seconded by Council Member Bouley 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
REFER ITEMS BACK TO COMMITTEE
Mayor Owens asked if there were any items to be sent back to committee for further consideration.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that the request from Valdak Corporation dba Valley Dairy No. 6 for ordinance to include within B-4 (Central Business) District all of Lot 5, Block 7, Traills Addition (located at 110 Belmont Road) be referred back to committee. Carried 12 votes affirmative.
INTRODUCE ORDINANCE RELATING TO RECLASSIFICATION/ ANNIVERSARY DATE INCREASES
Committee No. 1, Finance, reported having considered the matter of ordinance for reclassif ication/anniversary date increases, and recommended to change the ordinance to remove paragraph 4 of Section 6-0603 of the Civil Service Code.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 6- 0306 of the Grand Forks City Code relating to salary changes”, which was presented, read and passed on its first reading.
APPROVE PSAP RESTRUCTURING AND CHANGES IN JOB DESCRIPTIONS
Committee No. 1, Finance, reported having considered the matter of PSAP structure and job description, and recommended approval of the PSAP restructuring and changes in job descriptions.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE AMENDMENT TO CONTRACT FOR SERVICES RELATING TO CONTINUING DISCLOSURE AND/OR ARBITRAGE REBATE REQUIREMENTS RE. BOND ISSUES
Committee No. 1, Finance, reported having considered the matter of amendment to the contract for services relating to continuing disclosure and/or arbitrage rebate requirements relating to: $10,730,0 00 G.O. Dike bonds, Series 1999A, $6,825,000 Refunding Improvement Bonds, Series 1999B, $1,255,000 Storm sewer Reserve Revenue Bonds, Series 1999C, $2,100,000 Sewer Reserve Revenue Bonds, Series 1999D, and $1,850,000 Water Reserve Revenue Bonds, Series 199 9E, and recommended to approve amendment to the contract.
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 Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS A request by the Health Department to transfer $3,000 within their budget to cover move-related expenses, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 12 votes affirmative.
A request by the Polic e Department to transfer $293.17 within their budget to reflect insurance payment for damages to city patrol vehicle #48, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 12 votes affirmative.
A request by the Police Department to transfer $1,655.00 within their budget to reflect grant for juvenile officer, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 12 votes affirmative.
APPROVE CHANGE IN SPEED LIMITS ON CERTAIN STREETS
Committee No. 2, Public Safety, reported having considered the request to change speed limits on certain streets: South Columbia road from 36t h Avenue South to 62nd Avenue South from 35 mph to 45 mph, and recommended to increase the speed limit to 45 at a point south of the fire station, reduced to 35 before getting to the fire station heading north.
Committee No. 2, Public Safety, reported hav ing considered the request to change speed limit on certain streets: 47th Avenue South from Washington Street to Columbia Road from 40 to 45 mph, and recommended to leave at 40 mph and place the proper signage of 20 mph for the school zone.
It was moved by Council Member Bouley and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 12 votes affirmative.
APPROVE CHANGE ORDERS FOR PROJECT NO. 4371, WASTEWATER TREATMENT PLANT
Committee No. 3, Public Serv ice, reported having considered the matter of change order for wastewater treatment plant, Project No. 4371, Change Order No. 4, $4,264.00, John T. Jones Construction Company, contractor, and recommended to approve the change order.
Committee No. 3, Publi c Service, reported having considered the matter of change order for wastewater treatment plant, Project No. 4371, Change Order No. 5, $16,010.00, John T. Jones Construction Company, contractor, and recommended to approve the change order.
It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer , Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE ADDITIONAL SOIL BORINGS FOR PROJECT NO. 4769, RAW WATER INTAKES
Committee No. 3, Public Service, reported having considered the matter of additional soil borings for Project No. 4769, related to raw water intakes, total cost $18,000.00, and recommended to approve request.
It was moved by Council Member Klave and secon ded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE REQUESTING PROPOSALS FOR ENGINEERING SERVICES, PROJECT NO. 5111
Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for enginee ring services for Project No. 5111, Traffic Signals at South 34th Street and 17th Avenue South and at South 20th Street and 24th Avenue South, and recommended to approve request to call for proposals for engineering services.
It was moved by Council Membe r Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES FOR PROJECT NO. 5112
Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for project No. 5112, Traffic Safety Study on DeMers and Washington intersection, and recommended to authorize application for grant.
It was moved by Council Memb er Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES FOR PROJECT NO. 5113
Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 5113, City radio/communications system upgrade/replacement and recommended to authorize RFP’s for a study of the City’s communications system.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PERMANENT BIKEPATH AND WALKWAY EASEMENTS ALONG ENGLISH COULEE SOUTH OF PRIMROSE COURT FOR PROJECT NO. 5050
Committee No. 3, Public Service, reported having considered the matter of bikepath and walkway easement to reconstruct paved bikepath on rear of Lot 21, Block 1, Columbia park 20th Addition, south of Primrose Court, along English Coulee, south branch, for and in consideration of the sum of $1.00, Carrington Townhomes, Inc., lessor, and recommended to allow appropriate City officials to sign the easement agreement.
It was moved by Council Mem ber Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE AMENDMENT TO ENGINEERING SERVICES AGREEMENT FOR PROJECTS NOS. 5015 AND 5028
Committee No. 3, Public Service, r eported having considered the matter of agreement for engineering services, Amendment No. 3, Greater Forks Engineering Group, Project Nos. 5015 and 5028, Flood Mitigation Projects (CDBG), 5015, $120,000 and 5028, $20,000, and recommended approval of Amendment No. 3.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpen ter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT FOR PROJECTS, 5071-5084, 5090, 5091 AND 5110, WATER DISTRIBUTION SYSTEM IMPROVEMENTS
Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services, Amendment No. 1, Advanced Engineering, Projects Nos. 5071-5084, 5090, 5091 and 5110, various water distribution system improvement proj ects in the amounts of $33,800, $51,300 and $35,800, along with software issues, and recommended to approve Amendment No. 1.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT, PAVING PROJECT NO. 4998, DISTRICT NO. 576
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4998, District 576, paving in University Village Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and to approve assessment district with the City property excluded from the district, and further that th e University provide letter requesting the assessment district and request that their property solely comprises the district.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7893 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Luck e that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declar ed the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, PAVING PROJECT NO. 4998, DISTRICT NO. 576
The city auditor presented and read the engineer’s report on Paving Project No. 4998, District No. 576: Document No. 7894 - Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT NO. 4998, DISTRICT NO. 576
Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7895 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT, SEWER PROJECT NO. 4242, DISTRICT NO. 355.2
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No.4242, District No. 355.2, sanit ary sewer on North 51st Street from 6th to 7th Avenues North, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a r esolution instructing the city engineer to prepare detailed plans and specifications.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Mem ber Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7896 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
Council Member Hamerlik questioned matter of change orders under public service, and asked at what point is there a rebidding or bidding process rather than a change order on projects where projects do not seem to be tied to the original project . Mr. Swanson stated there is no mathematical formula nor is there an answer on a chart or a black and white description, it is a judgment call, typically there should be some relationship between the original scope of the project and the proposed change in the scope of the project or contract; that it may or may not be monetary in nature, or maybe change in location or change in procedure, but it is up to the discretion of the council, that obviously the farther away you get from the original contract the more tenuous that becomes.
ACCEPT ENGINEER’S REPORT, SEWER PROJECT NO. 4242, DISTRICT NO. 355.2
The city auditor presented and read the engineer’s report on Sewer Project No. 4242, District No. 355.2: Document No. 7897 - Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICIATIONS, SEWER PROJECT NO. 4242, DISTRICT
NO. 355.2
Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7898 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE ENGINEER’S REPORT, PROJECT NO. 5104
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5104, 2000 Concrete Street Repair, and recommended to approve Engineer’s Report.
It was mov ed by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE ENGINEER’S REPORT, PROJECT NO. 5105
Committee No. 3, Public Service, reported having considered the matter of Engineer’s Report for Project No. 5105, 2000 Asphalt Street Repairs, and recommended to approve the Engineer’s Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE ENGINEER’S REPORT, PROJECT NO. 5110
Committee No. 3, Public Service, reported having considered the matter of Engineer’s Report for Project No. 5110, watermain on 55th Avenue South from Washington Street to Belmont Road, and recommended to approve the Engineer’s Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT NO. 5109, ALLEY PAVING
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5109, alley paving between 4th and 5th Streets and between DeMers and Kittson Avenues, and recommended to approve the plans as demonstration project.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL COST AND AWARD CONTRACT, SEWER PROJECT NO. 4959, DISTRICT N0. 400
The city auditor presented and read tabulation of bids which had been received and opened on October 11, 1999 for Sewer Project No. 4959, District No. 400, storm sewer on South 42n d Street from 17th Avenue South to 29th Avenue South, indicating that Molstad Excavating was the low bidder based upon their low bid in the amount of $394,241.00: Document No. 7899 - Bid Tabulation.
The engineer’s estimate of total cost on Sewer Project No. 4959, District No. 400, in the amount of $500,700.00 was presented and read.
Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4959, District No. 400, Storm Sewer on S outh 42nd Street from 17th to 29th Avenues South, and recommended to accept the low bid of Molstad Excavating in the amount of $394,241.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7900 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resoluti on awarding the contract for Sewer Project No. 4959, District No. 400, to Molstad Excavating be and is hereby adopted. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
ACCEPT BID FOR PROJECT NO. 5028.2, FLOOD MITIGATION PHASE III
Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5028.2, Flood Mitigation Phase III (CDBG), and recommended to accept the low bid of Wagner Construction, Inc. in the amount of $253,000.
It was moved by Council Member Klave and seconded by Cou ncil Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none . Mayor Owens declared the motion carried. and the contract awarded.
APPROVE CHANGE ORDER, PROJECT NO. 4997
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4997, storm sewer to serve University Village Subdivision, Change Order No. 1 (CDBG), Molstad Excavating, Inc., contractor, $4,060.00; and recommended to approve the change order in the amount of $4,060.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 5028.1
Committee No. 3, Public Service, reported having consid ered the matter of change order for Project No. 5028.1, Flood Mitigation Phase II, Change Order No. 2 (CDBG), Molstad Excavating, Inc., contractor, $13,300.00, and recommended to approve the change order in the amount of $13,300.00.
It was moved by Counci l Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 4863
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4863, Sanitary Sewer Restoratio n Area 3, Change Order No. 1 (CDBG), Molstad Excavating, Inc., contractor, $1,470.00 deduct, and recommended to approve the change order in the amount of $1,470.00 deduct.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 4892
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4892, 1999 Traffic Loop Detector Replacement Project, Change Order No. 2 (CDBG), Fargo Electric, contractor, $1,820.00, and recommended to approve the change order.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Membe r Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 4654.466
Committee No. 3, Public Service, r eported having considered the matter of change order for Project No. 4654.466, Priority Sewer Repairs, Change Order No. 6 (CDBG), Robert Gibb & Sons, contractor, $103,200.00, and recommended to approve the change order.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 4894
Committee No. 3, Public Service, reported having considered the change order for Project No. 4894, sanitary sewe r on South 20th Street from 36th to 40th Avenue South, Change Order No. 4, S.J. Louis Construction, contractor, $4,950.00, and recommended to approve the change order in the amount of $4,950.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE PURCHASE OF HOUSE AT 522 SOUTH 4TH STREET FOR RAW WATER INTAKE PROJECT
Committee No. 3, Public Service, reported having considered the matter of 522 South 4th Street (raw water intake), and recommended to purchase the house at 522 South 4th Street.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
DENY REQUEST FOR REACTIVATION OF EXPIRED RELOCATION VOUCHER
Committee No. 4, Urban Development , reported having considered the matter of request for reactivation of expired relocation voucher (502 Lincoln Court), and recommended to deny. It was moved by Council Member Beyer and seconded by Council Member Polovitz that that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PURCHASE OF PROPERTY IN BLOCK ADJ. TO PHOENIX SCHOOL AND TRANSFER TO SCHOOL DISTRICT
Committee No. 4, Urban Development, reported having considered the matter of purchase of property i n the block adjacent to Phoenix (Belmont) School and transfer to Grand Forks School District, and recommended to amend previous motion of city council to include the acquisition of 411 4th Avenue South and 402, 406 and 408 Chestnut Street.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Luna k, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
GRANT EXTENSION ON GARAGE AT 610 LINCOLN DRIVE
Committee No. 4, Urban Development, reported having considered the matter of garage at 610 Lincoln Drive, and recommended to give an extension to November 1 and after that date we will demolish.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.
GRANT EXTENSION OF MOVING OF HOUSES
Committee No. 4, Urban Development, reported having considered the matter of houses to be moved, and recommended to move to a 15-day extension to October 28.
It was moved by Council Member Beyer and seconded by C ouncil Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE CHANGE ORDERS FOR CORPORATE CENTER AND PARKING RAMP
Committee No. 4, Urban Development, reported having considered the matter of Morte nson change orders to the Corporate Center, and recommended approval contingent upon assignment of responsibility. Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders for Corporate Center and parking ramp, a nd recommended approval to the Corporate Center: Northland Ltd in the amount of $275.00; deductive change order to Meade & Son in the amount of $14,329; deductive change order to Construction Engineers in the amount of $13,907; Construction Engineers in t he amount of $1,676 (clarification); Construction Engineers in the amount of no cost (not accepted by Camrud); McFarlane sheet Metal in the amount of $4,190; deductive change order to MC Roofing in the amount of $10,000; Lunseth Plumbing & Heating in the a mount of $1,029; and change orders for the Corporate Center Ramp: Construction Engineers in the amount of $5,094; and deductive change order to Moorhead Electric in the amount of $2,023. It was moved by Council Member Beyer and seconded by Council Member P olovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
CONSIDER MATTER OF COMMERCIAL REHAB GRANTS EXTENSIONS
Committee No. 4, Urban Development, reported having considered the matter of Commercial Rehab Grant extensions, and recommended to authorize Phoenix Properties to use their rehab grant money to purchase new windows to accomplish the December 31, 1999 deadline.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE CHANGE ORDER FOR DEMOLITION OF 630 NORTH 3RD STREET
Committee No. 4, Urban Devel opment, reported having considered the matter of 630 North 3rd Street, and recommended to approve a change order to Gowan Construction in the amount of $46,780.00 for the demolition of 630 North 3rd Street.
It was moved by Council Member Beyer and seconde d by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; 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 Opp Construction in the amount of $57,500 for storm sewer and concrete pavement in the alley on DeMers between 4th and 5th Streets.
Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Opp Co nstruction in the amount of $11,070 for work on parking lot at North 3rd and 1st Avenue and installation of lighting in alley by Empire.
Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recom mended approval to Terry T. Rogers Construction in the amount of $59,764.07 for brick veneer and insulation on the north side of the Norby’s building.
Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change ord ers, and recommended approval to Terry T. Rogers Construction in the amount of $54,030.60 for various projects at 16 and 22 South 3rd Streets, $4,860.57 of the total will be paid by FEMA.
Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to EAS in the amount of $16,448.00 for the removal of asbestos at 28 South 3rd Street and 323 DeMers. Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to MAAC Metro in the amount of $57,100 for additional abatement on the east side of South 3rd Street.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
AWARD CONTRACT FOR DEMOLITION OF WINTERGRARDEN CONDOS (ELKS)
Committee No. 4, Urban Development, reported having considered the matter of award of contract for demolition of Wintergarden Condos (Elks), and recommended to return the Nodak Contractor’s bid unopened since Addendum was not acknowledged on the outside of their sealed bid envelope, and that the contract be awarded to Landwehr Construction for $62,199.00.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE SNOW REMOVAL CONTRACTS
Committee No. 4, Urban Development, reported having considered the matter of snow removal contracts, and recommended approval of low bids on a per occurrence basis as follows: 1) Res. Region #1 to Dakota Maintenance in the amount of $194.00; 2) Res. Region #2 to Qualit y Lawn Care in the amount of $219.00; 3) Res. Region #3 to Al Shane in the amount of $99.00; 4) Res. Region #4 to Al Shane in the amount of $231.00; 5) Res. Region #5 to Al Shane in the amount of $165.00; 6) Res. Region #6 to al Shane in the amount of $286 .00; 7) Res. Region #7 to Quality Lawn Care in the amount of $248.00; 8) Industrial park to T & S Snow Removal in the amount of $775.00, with spending authorization in the event of snowfall prior to council action.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
MATTER OF DOWNTOWN ENTITY (DDA) AND EXTEND DDC TO APRIL 30, 2000
Committee No. 4, Urban Development, reported having considered the matter of downtown entity, and recommended to request that the city attorney start drafting the appropriate language to develop the ordinance to make the DDA (Downtown Development Authority) a reality.
Committee No. 4, Urban Development, reported having considered the matter of downtown entity, and recommended to extend the DDC (Downtown Development Commission) until April 30, 2000.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that these recommendations be and are hereby approved.
Mike Maidenberg, chair of DDC, stated tha t the Downtown Development Commission sunsets as of December of 1999 and that there is a considerable amount of work left to be done by the DDC, and to maintain the progress that has taken place downtown; that their proposal for the continuation of this e ntity is to be an umbrella authority that takes into account under it, the Parking Authority and the Central Business District Association and some of the work that they’ve been doing and the general development and continuation of the strategy of improvi ng the downtown and making sure that as more progress takes place that it can be done in a logical and planned way, so it would be continuing the work of the DDC into the future.
Mr. Maidenberg also stated the renaissance group is still a study phase rig ht now and the renaissance legislation came out of the last session of the Legislature and many cities in North Dakota are beginning to organize. He stated that there is still general discussion at a subcommittee level trying to figure out what are the rules and how it should be implemented, that it hasn’t come to the DDC for further discussion. He stated that the funding for the DDA they have identified could be accomplished with reallocation of some of the monies that have been set aside for the Riverfo rks Authority and out of the Parking Authority which has some operating dollars, basically within the scope of the existing budget.
Council Member Glassheim stated that no renaissance zone can be established except by city council approval and State appro val, and that the renaissance zone was originally set up primarily for downtowns, although by law it need not be, so if some other group wanted to do something like that with 20 contiguous blocks they would look at it as well, and that he has argued in DDC that anybody who has received benefits through the CDBG program would not be included in the renaissance zone.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
APPROVE CHANGE ORDER FOR RELOCATION OF 10 FENTON AND 1518 RIVERSIDE DRIVE
Committee No. 4, Urban Development, reported having considered the matter of Gowan change order for relocation of 10 Fenton and 1518 Riverside Drive, and recommended to approve a change order to Gowan Construction in the amount of $154,000 for relocation of 10 Fenton and 1518 Riverside Drive.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved.
It was noted that the detailed spread sheet on these included some items - covers all the moving, water and sewer connections, removal of the old foundation, full foundation and basement at the new sites, and seeding and top soil on the sites, patching on driveway and sidewalk work.
Upon call for the question and upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
MATTER OF REIMBURSEMENT ON INSURANCE POLICIES
Committee No. 4, Urban Development, reported having considered the matter of reimbursement on insurance policies, and recommended that the City amend its self-help cleanup reimbursement policy to allow for all policies o f insurance for which a duplication of benefits deduction was taken at the time of acquisition and that a deadline of December 31, 1999 be established for application.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved.
Howard Swanson, city attorney, stated that there has been a great deal of misunderstanding and confusion on this item, and explained the request and impact of the change. He stated that when the City initiated i ts voluntary acquisition program we were operating under certain FEMA and HUD requirements regarding duplication of benefits, that if a property owner had received flood insurance or private insurance that was specified for structural damage, those paymen ts were reduced from the gross purchase price of the structure only; FEMA subsequently changed their policies for all future disaster areas in that they would allow in addition to a credit for amounts paid to contractors for cleanup, sanitizing, etc. and would allow a credit for self-help cleanup. He stated that if a property owner sold their property to the City the price was reduced by an amount for flood insurance or private insurance and a portion of the amounts were allocated for self-help cleanup, th at home owner could get a refund; FEMA estimated those to be in the neighborhood of $300 to $400. He stated that the city council last spring or summer changed our policy to allow for reimbursements and we allowed for reimbursements on a primary insurance coverage, and what we did was take the flood insurance unless there was no flood insurance and substitute in the private insurance, and refunds were based upon the primary insurance amounts for self-help cleanup. He stated that the request by the propert y owners is that in addition to our present policy that we amend the policy to reimburse not only for the self-help cleanup under the primary policy but also in those situations where they would have duplicate coverage (flood and private insurance). He st ated if they were to change this policy those people who participated in the voluntary acquisition program and had duplication of benefit deductions taken for flood and private insurance would get reimbursed for both of those coverages; there was a maximum of 338 properties that would fit in that category and receive cleanup reimbursements for either the flood or private insurance. He stated that as of last week their office had processed 138 applications for funds for reimbursement out of a total of 338, and of those 116 checks issued, additional files waiting for additional information and 18 files found not to be eligible; and have distributed approximately $368,000, that they do not have a data base to identify how many of those 338 potential home owner s would have both private and flood insurance, that the range has been a low of $232 to an excess of nearly $12,000, average refund is approximately $2,800.
Mr. Swanson stated that FEMA has said for future disasters they will not include that, but for p ast disasters they are leaving it to the local community, and that this is purely a policy decision for this council, not a question that the change is retroactive, and the other component of the motion is that he wants to make sure the council is aware of is that it establishes a deadline of December 31, 1999 to respond. He stated that their office makes no recommendation with the policy and believes they have allocated from the matrix $550,000 for the entire reimbursement program.
Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Brooks, Polovitz, Lucke, Hamerlik, Bouley - 11; voting “nay”: Council Member Glassheim - 1. Mayor Owens declared the motion carried.
MATTER OF CHANGE ORDER FOR ENVIRONMENTAL ABATEMENT FOR SOUTH 3RD STREET REDEVELOPMENT PROJECT
Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street redevelopment project change order for environmental abatement, and recommended to amend the contract with MAAC Metro to $56,415.00 for the final abatement of 15, 25 and 31 South 3rd Street.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Member Brooks, Polovitz, Lucke, Hamerlik, Boul ey, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT PETITION FOR VACATION OF ALL OF LEVEE STREET FROM DIVISION TO 1ST AVENUE NORTH
The Planning and Zoning Comm ission reported having considered the matter of the petition from the Planning Department to vacate all of Levee Street from Division Avenue to 1st Avenue North, and recommended approval subject to the petition being signed by all abutting property owners and an easement for existing utility facilities 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 Klave that this recommendation be and is hereby approved, that the petitio n 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 12 votes affirmative.
INTRODUCE ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE TO PERMIT RECYCLING FACILITIES IN APPROPRIATE ZONING DISTRICTS
The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the Land Develo pment 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 appropriat e zoning districts, and recommended preliminary approval of the ordinance amending the text of the Land Development code, to introduce the ordinance and to set the date of the public hearing for November 15, 1999.
It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved.
Council Member Lunak asked to be excused from voting on this matter, and it was so moved by Council Member Babinchak and seconded by Council Member Klave. Carried 11 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Lunak abstaining.
Council Member Klave introduced 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 was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN THE SOUTH CONGRESSIONAL PUD (PLANNED UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1
The Planning and Zoning Commission reported having considered the matter of the request from Grand Forks Housing Authority on behalf of Grand Fork s Homes, Inc. for preliminary 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), Co ncept 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 preliminary approval subject to special conditions shown on or attache d to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for November 15, 1999.
It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved.
Council Member Lunak asked to be excused from voting on this matter, and it was so moved by Council Member Babinchak and seconded by Council Member Klave. Carried 11 votes affirmative.
Upon call for the question and upon voice vote, the moti on carried 11 votes affirmative; Council Member Lunak abstaining.
Council Member Klave 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 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 was presented, read and passed on its first reading.
APPROVE PRELIMINARY PLAT OF AUDITOR’S RESUB- DIVISION 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 preliminary approval of a plat of Auditor’s Resubd ivision No. 29 to the city of Grand Forks, North Dakota (located between DeMers Avenue and the Burlington Northern Railroad right of way and between South 3rd Street and the Red River), and recommended preliminary approval subject to special conditions sho wn on or attached to the review copy.
It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE STAFFING REQUESTS FOR NOVEMBER, DECEMBER AND JANUARY The Flood Protection Committee reported having considered the matter of staffing requests for November, December and January, and recommended approval of all positions for one year with the exception of the two City Hall attendants, whose contracts will be extended for six months.
It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE CONTRACT WITH HIGH PLAINS CONSORTIUM FOR HAZARDOUS WASTE INVESTIGATION
The Flood Protection Committee reported having considered the matter of contract for hazardous waste investigation, and recommended to approve the contract with High Plains Consortium in the amount of $29,960.00.
It wa s moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE ENGINEERING TO CONTINUE WORK ON INTERIM FLOOD PROTECTION PROJECT
The Flood Protection Committee reported having considered the matter of interim flood protection alignments and recommended to authorize engineering to continue their work on the interim flood protection project.
It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE PAYMENT OF ADDITIONAL COST OF SOUTHEAST ALIGNMENT STUDY
The Flood Protection Committee reported having considered the matter of update on the Barr Engineering on the southeast alignment stud y, and recommended to authorize the City to cover two-thirds of the additional cost or $3,333.50 and the County is to cover the rest.
It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE APPOINTMENTS TO VARIOUS COMMITTEES
Mayor Owens announced the appointments to the following committee/commissions and asked for concurrence from the city council:
Housing Authority: Judd Graham for five year term expiring October 18, 2004. It was moved by Council Member Glassheim and seconded by Council Member Bakken that this appointment be approved. Carried 12 votes affirmative.
Historic Commission: Madelyn Ca mrud, Rolfe Ottum, Adele Kupchella, Randy Lee, Marsha Gunderson, Dave Beach, Ted Jellif and Dale Sickels each to two-year term expiring October 18, 2001. It was moved by Council Member Lunak and seconded by Council Member Klave that these appointments be approved. Carried 12 votes affirmative.
Downtown Design Review Board: Sandy Norby and Al Berger to two-year terms expiring October 18, 2001 and Jim Galloway and Jon Bonzer to one-year terms expiring October 18, 2000. It was moved by Council Member Lunak and seconded by Council Member Beyer that these appointments be and are hereby approved. Carried 12 votes affirmative.
APPROVE 2001 TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION FOR GREENWAY PROJECT
The City Bikeway Committee reported having co nsidered the matter of approval of 2001 Transportation Enhancement Program application for the Greater Grand Forks Greenway project, and recommended that the city council submit the 2001 Transportation Enhancement Program application to the North Dakota D epartment of Transportation for the Greater Grand Forks Greenway project.
It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.
REFER VARIOUS ITEMS TO COMMITTEE
Various items were presented to the council and referred to committee for consideration.
1) Council Member Beyer presented the matter of the storage building adjacent to City Hall and asked that this matter be referred to the Urban Development Committee. Mayor Owens stated that a permit was issued for this building and the intent is to move that building next spring and are trying to find storage space, that they need 6,000 sq.ft. for grounds crew equipment. The matter was referred to the Urban Development Committee. 2) Mr. Swanson, city attorney, asked that consideration of Sections 6-0604, 6-0606 and 6-0607 of the City Code relating to proceedings for discipline, and in light of an earlier change to the ordinance should make some a dditional changes to the notice requirement, the hearing procedure and decision as it relates to the mayor’s role. The matter was referred to the Finance Committee for consideration. 3) Council Member Glassheim stated that the meeting on government struc ture has been scheduled for October 27 and will be an informational meeting at that time and that still gives time if the council chooses to have a special election. Mr. Swanson stated that an amendment to the Home Rule Charter has a minimum of 60 days. There was some discussion as to whether or not to have this matter at an Urban Development Committee meeting or at a committee of the whole meeting; Council Member Glassheim stated that Urban Development Committee would package this and bringing back to council for vote and conclusion.
ADJOURN
It was moved by Council Member Lunak and seconded by Council Member Bakken that we do now adjourn. Carried 12 votes affirmative.
Respectfully submitted,
John M. Schmisek City Auditor
Approved: ______Patricia A. Owens, Mayor