Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 7, 1997

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, April 7, 1997 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Beyer, Babinchak, Bakken - 9; absent: Council Members Ellingson, Glassheim, Hafner, Hagness - 4.

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 KLAVE REPORTED PRESENT

PRESENTATION OF PUBLIC HEALTH EXCELLENCE
AWARDS

Mayor Owens made presentation of the public health awards of excellence as follows: Media/Communications Award to Jeff Tiedeman, reporter for the Grand Forks Herald; Education Award to Kathy Dunn, Greater Grand Forks Immunization Coalition; Business Award to Minnesota Dairy, Tom Hagness; Public Official Award to Keith Berger, Grand Forks County Commission Chair; and Public Health Worker to Debbie Hanson-Misialek, public health department.

APPROVE MINUTES MARCH 3, 17. 21 AND 31, 1997

Typewritten copies of the minutes of the regular, adjourned and special meetings of the city council held on Monday, March 3 and March 17, Friday, March 21, and Monday, March 31, 1997, were presented and read. It was moved by Council Member Sande and seconded by Council Member Hanson that these minutes be approved as read. Carried 10 votes affirmative.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3638,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
PRAIRIE VIEW FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Prairie View First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 1997 and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called for the public hearing.

Council Member Sande questioned the naming of a street and avenue with same name: Prairie View Street and Prairie View Avenue. Ray LeClerc, acting city planner, reported that one of the conditions of the plat approval suggests that the one-half block segment of street coming in off Adams Drive named Prairie View Street runs same direction as all streets in the city, that the short one-half block segment coming in off Belmont Road and which runs east and west would be known as Prairie View Avenue, and that no lots will front on that street or avenue.
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There were no additional comments and the hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Tim Crary for final approval of the plat of Prairie View First Addition, including a variance to the subdivision requirements as it relates to right of way widths, lying in the NE Quarter of the SE Quarter of Section 27, T151N, R50W of the 5th Principal Meridian (located south of Adams Drive and along Belmont Road), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan, and approval of a variance to the street right of way widths from 80 feet to 70 feet or a l2.5% reduction. The recommendation had been moved and seconded by Council Members Polovitz and Beyer.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3639, AMENDING ZONING
MAP TO INCLUDE WITHIN PRAIRIE VIEW FIRST PUD
DISTRICT, CONCEPT DEVELOPMENT PLAN, ALL OF
BLOCKS 1-5, PRAIRIE VIEW FIRST ADDITION AND TO
INCLUDE WITHIN R-1 (SINGLE FAMILY RESIDENCE)
DISTRICT ALL OF BLOCK 6, PRAIRIE VIEW FIRST
ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within Prairie View First PUD (Planned Unit Development) District, Concept Development Plan, all of Blocks 1 thru 5, Prairie View First addition, and to include within the R-1 (Single Family Residence) District all of Block 6, Prairie View First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Tim Crary, etal, for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within Prairie View First PUD (Planned Unit Development), Concept Development Plan, all of Blocks 1 thru 5, Prairie View First Addition, Grand Forks, ND and to include within the R-1 (Single Family Residence) District, all of Block 6, Prairie View First Addition, Grand Forks, ND (located south of Adams Drive along Belmont Road), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Polovitz and Beyer.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson,
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Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the ordinance adopted.

TABLE FINAL PLAT, PUBLIC HEARING AND SECOND
READING OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF PERKINS FOURTH ADDITION UNTIL MAY 19, 1997

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Perkins Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering and Surveying on behalf of David Parker for final approval of a plat of Perkins Fourth Addition to the city of Grand Forks, ND, lying within a portion of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of South 34th Street between 36th and 40th Avenues South), and recommended tabling the request until May 19, 1997. The recommendation had been approved by Council Members Polovitz and Babinchak.

ADOPT ORDINANCE NO. 3640, TO AMEND TEXT OF THE
LAND DEVELOPMENT CODE, SECTION 18-0304(5) YARDS

An ordinance entitled "An ordinance amending Section 18-0304 of the Grand Forks City Code relating to yards", which had been introduced and passed on its first reading on March 17, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called for the public hearing.

Council Member Sande spoke in favor of adopting the ordinance because of problem with property owner(s) building abutting fence and obstructing view of adjacent property owner when exiting driveway onto street.

There were no additional comments and the public hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Inspections Department for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0304(5), and recommended defeat of the ordinance amending the text of the Land Development Code. The recommendation was approved by Council Members Polovitz and Hanson.

Council Member Sande stated she feels ordinance not difficult to enforce, and
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urged council to reject the Planning and Zoning recommendation and to pass the ordinance. City Attorney Swanson advised that they amend the recommendation of the Planning and Zoning Commission if that was their intent.

Council Member Sande moved to amend the recommendation of the Planning and Zoning Commission to adopt the ordinance. Council Member Hanson seconded the motion to amend. Carried 10 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3641, RELATING TO
ANNUAL FEE FOR DIRECT OR AUTOMATIC
CONNECTIONS TO PSAP

An ordinance entitled "An ordinance amending Section 12-0602 of the Grand Forks City Code relating to annual fee for direct or automatic connections to PSAP", which had been introduced and passed on its first reading on March 17, 1997, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3642, RELATING TO
TRAFFIC SIGNAL PREEMPTION SYSTEM

An ordinance entitled "An ordinance adopting Article 13, Chapter VIII, of the Grand Forks City Code relating to the traffic signal preemption system", which had been introduced and passed on its first reading on March 17, 1997, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT RESOLUTION RELATING TO TAXABLE WATER
RESERVE REVENUE BONDS, SERIES 1997C, CALLING
FOR THE PUBLIC SALE THEREOF AND SETTING SALE
DATE OF MAY 5, 1997

The city auditor reported that the notice to the public that the City proposes to construct a water system improvement, design and construction of waterline and lift station to serve the Grand Forks Air Force Base, that the estimated cost of the improvement is $2,027,650, and that the City proposes to issue bonds to defray the estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its March 3, 1997 meeting, had been published as required; and further that the city council held the public hearing on March 3, 1997 and moved a declaration of insufficiency of protest as no protests had been filed with the city auditor's office. The city auditor also reported that the city council continued action on the resolution until this evening.

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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 Beyer and seconded by Council Member Babinchak to declare an insufficiency of protest against the issuance of said bonds. Carried 10 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of Water Revenue Bonds, Series 1997C, and recommended that we adopt resolution relating to taxable water reserve revenue bonds, $1,935,000, Series 1997C, calling for the public sale thereof and set the sale date for May 5, 1997.

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

Council Member Babinchak introduced the following resolution and moved its adoption, which motion was seconded by Council Member Hamerlik: Document No. 7276 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Babinchak, Bakken, Beach, Beyer, Carpenter, Hamerlik, Hanson, Klave, Polovitz, Sande - 10; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

HOLD PUBLIC HEARING ON PROPOSED URBAN
RENEWAL PLAN FOR RENOVATION OF FORMER POST
OFFICE BUILDING AT 311 SOUTH 4TH STREET
AND APPROVE TAX EXEMPTION

The city auditor presented the matter of the request by Postal Investors for tax increment financing (tax exemption) for proposed project for renovation of the former post office building property at 311 South 4th Street; and reported that the public hearing on the proposed project had been scheduled for this evening and that the notice of public hearing had been published as required. He reported further that no protests or comments had been filed with his office.

Mayor Owens called for the public hearing. There were no comments and the public hearing was closed.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we declare an insufficiency of protest to the proposed project. Carried 10 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of TIF/tax exemption for the former post office property at 311 South 4th Street, and recommended to grant a tax exemption for a period of eight (8) years.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING PROJECT NO. 4225.3, DISTRICT NO. 544

The city auditor reported that the period for filing protests on the resolu- tion of necessity for the improvements in and for Paving District No. 544, Project No. 4225.3, frontage roads along South Washington Street from
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Hammerling to 26th Avenue South, had expired on March 24, 1997, and that he had received no written protests.

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

Council Member Hanson introduced the following resolution as to protests which was presented and read: Document No. 7277 - Resolution.

It was moved by Council Member Hanson and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Paving District No. 544, Project No. 4225.3, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 10 votes affirmative.

CONTINUE PUBLIC HEARING AND DETERMINATION OF
PROTEST ON PAVING DISTRICT NO. 551, PROJECT
NO. 4557

The city auditor reported that the period for filing protests on the resolu- tion of necessity for the improvements in and for Paving District No. 551, Project No. 4557, paving in Rivers Edge Resubdivision and Anderson's Sub- division had expired on March 24, 1997, and that he had received no written protests. However, it was reported that the bid opening had been extended to May 12, 1997 and in order to give the property owners an opportunity to see the bids and the cost of the project, it was moved by Council Member Klave and seconded by Council Member Sande that the hearing on the determination of protest be and is hereby continued to May 19, 1997. Carried 10 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
IMPROVEMENT DISTRICT NO. 85, PROJECT NO. 4578

The city auditor reported that the period for filing protests on the resolu- tion of necessity for the improvements in and for Street Improvement District No. 85, Project No. 4578, asphalt maintenance overlay of existing asphalt concrete pavement in Medvue 2nd Addition and in Kuster's Addition, had expired on March 24, 1997, and that he had received no written protests.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 7278 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest against Street Improvement District No. 85, Project No. 4578, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 10 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, STREET IMPROVEMENT
PROJECT NO. 4578, DISTRICT NO. 85

The city auditor presented and read tabulation of bids which had been received and opened on March 24, 1997 for Street Improvement Project No. 4578, District No. 85, asphalt maintenance overlay of existing asphalt concrete pavement, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $161,800.00: Document No. 7279 - Bid Tabulation.

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The city engineer's estimate of total cost on Street Improvement Project No. 4578, District No. 85, in the amount of $206,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Street Improvement Project No. 4578, District No. 85, overlay in Medvue, and recommended that we accept the low bid of Nodak Contracting in the amount of $161,800.00.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7280 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that this resolution awarding the contract for Street Improvement Project No. 4578, District No. 85, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 545, PROJECT NO. 4561

The city auditor reported that the period for filing protests on the resolu- tion of necessity for the improvements in and for Paving District No. 545, Project No. 4561, paving in Garden View Estates First Addition, had expired on March 24, 1997, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 7281 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Hanson that we do hereby find and determine an insufficiency of protest against Paving District No. 545, Project No. 4561, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 10 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 4561, DISTRICT NO. 545

The city auditor presented and read tabulation of bids which had been received and opened on March 24, 1997 for Paving Project No. 4561, District No. 545, paving in Garden View Estates First Addition, indicating that Valley Con- tracting Company was the low bidder based upon their bid in the amount of $173,817.31: Document No. 7282 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4561, District No. 545, in the amount of $221,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Paving Project No. 4561, District No. 545, paving in Garden View Estates First Addition, and recommended that we accept the low bid of Valley Contracting Company in the amount of $173.817.31.

It was moved by Council Member Klave and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.
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Council Member Klave introduced the following resolution which was presented and read: Document No. 7283 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4561, District No. 545, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 546, PROJECT NO. 4517

The city auditor reported that the period for filing protests on the resolu- tion of necessity for the improvements in and for Paving District No. 546, Project No. 4517, paving on 24th Avenue South from South 38th Street to South 42nd Street, South 40th Street from 24th Avenue South to 29th Avenue South, and on 29th Avenue South from South 38th Street approx. 1,000 feet west, had expired on April 3, 1997, and that no written protests had been received.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 7284 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 546, Project No. 4517, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 10 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO. 4517,
DISTRICT NO. 546

The city auditor presented and read tabulation of bids which had been received and opened on March 31, 1997, for paving on 24th Avenue South from South 38th Street to South 42nd Street, South 40th Street from 24th Avenue South to 29th Avenue South, and on 29th Avenue South from South 38th Street approx. 1,000 feet west, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $453,924.50: Document No. 7285 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4517, District No. 546, in the amount of $577,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Paving Project No. 4517, District No. 546, paving in Birkholz 5th Addi- tion, and recommended that we accept the low bid of Valley Contracting Company in the amount of $453,924.50.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7286 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4517, District No. 546, to Valley Contracting Company be and is hereby adopted. Upon roll
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call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 547, PROJECT NO. 4526

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 547, Project No. 4526, paving in English Coulee Center Second Addition, had expired on April 3, 1997, and that no written protests had been received.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 7287 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest against Paving District No. 547, Project No. 4526, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 10 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4526, DISTRICT NO. 547

The city auditor presented and read tabulation of bids which had been received and opened on March 31, 1997 for Paving Project No. 4526, District No. 547, paving in English Coulee Center Second Addition, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $90,780.70: Document No. 7288 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4526, District No. 547, in the amount of $115,500.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Paving Project No. 4526, District No. 547, paving in English Coulee Center Second Addition, and recommended that we accept the low bid of Valley Contracting Company in the amount of $90,780.70.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7289 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 4526, District No. 547, to Valley Contracting Company, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

CLOSE PUBLIC COMMENT PERIOD FOR GRANTEE
PERFORMANCE REPORT

The city auditor reported that the 15-day comment period had been opened on March 15, that the Office of Urban Development has to file documentation with the federal government on the grants that they have received, and they are required to have a public comment period. It was noted that no comments had
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been filed.

It was moved by Council Member Beyer and seconded by Council Member Sande to close the 15-day public comment period. Carried 10 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented the investment report for the period as of March 31, 1997. It was moved by Council Member Hanson and seconded by Council Member Carpenter to receive and file the report. Carried 10 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-05, dated April 7, 1997, and totaling $1,810,704.08, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter 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 Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

ADOPT RESOLUTION RELATING TO ISSUANCE OF
UP TO $50 MILLION OF UNITED HOSPITAL BONDS

Committee No. 1, Finance, reported having considered the matter of issuing up to $50 Million of United Hospital bonds (proposed Health Care System Revenue Bonds, Series 1997 [Altru Health System Obligated Group]), and recommended to adopt the resolution relating to the issuance of revenue bonds on behalf of the United Hospital or The United Hospital and one or more of its affiliates, and call for a public hearing on may 5, 1997.

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

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7290 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE EXTENSION OF E-911 SURCHARGE

Committee No. 1, Finance, reported having considered the matter of renewing/ extending 911 service telephone surcharge, and recommended that we confirm the action taken by the (PSAP) Public Safety Answering Point Authority in ex- tending the E-911 surcharge for six years retroactively from July 1, 1995 to July 1, 2001.

Committee No. 2, Public Safety, reported having considered the matter of renewing/extending 911 service telephone surcharge, and recommended to retroactively extend surcharge for 911 from July 1, 1995 to July 1, 2001.

It was moved by Council Member Bakken and seconded by Council Member Babinchak 14870
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that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE INCREASE IN FEES FOR HOUSING
INMATES AT GRAND FORKS COUNTY CORRECTIONAL CENTER

Committee No. 1, Finance, reported having considered the matter of increase in fees for housing inmates at Grand Forks County Correctional Center, and recom- mended to approve increase to $25.00 per day per inmate.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the fol- lowing voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken - 10; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request to amend the City Hall budget in the amount of $3,000.00 for repair/ alteration in finance office to bring into compliance with ADA requirements was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that the budget amendment be approved. Carried 10 votes affirmative.

A request to amend the Emergency Management budget in the amount of $18,000.00 for 1997 flood fight was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that the budget amendment be approved. Carried 10 votes affirmative.

APPROVE AFFORDABLE HOUSING PLAN, AND
INTRODUCE ORDINANCES TO IMPLEMENT

The Planning and Zoning Commission reported having considered the matter of review of the proposed affordable housing plan and submittal of recommenda- tions thereof, and recommended to receive and file.

Committee No. 4, Urban Development, reported having considered the matter of affordable housing recommendations, and recommended to approve as follows: items 1) through 11) and 13) to adopt as presented; 12) to adopt as pre- sented, but only for affordable housing districts; items 14) and 15) no action; and further to explore additional methods to arrest deterioration of existing housing stock.

Committee No. 3, Public Service, reported having considered the matter of affordable housing plan, and recommended to approve with changes as noted: 1) limit the initial number of districts to no more than 3; 2) limit the initial number of lots in each district to no more than 100; 2a) that when the total number of lots available falls below 150, a new district could be established; 3) reduce special assessment mark-up from current 27% down to 15%; 4) elimin- ate the 50% up-front money requirements; 5) lot widths not to exceed 60 ft.; 6) lot depths a minimum of 120 feet; 7) reduce right of way widths to 70 feet; 8) add 5. ft. of easement on each side of right of way; 9) that the Park District consider reducing their park and open space requirements with sug- gestion they reduce it from 8% to 5%, and refer to Planning and Zoning, the Park Dedication Committee and to the Park District; 10) protective covenants would require city council approval; 11) limit any one builder to no more than 50% of the lots in each district; with annual review to re-evaluate the 50% rate at a public hearing; 12) raise the 2-year exemption to $75,000 (finance committee item); 13) financial institutions to establish a special funding
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mechanism to assist construction financing (finance committee item); 14) real estate agencies limit fee to 5% for initial sale (finance committee item).

Committee No. 2, Public Safety, reported having considered the matter of affordable housing plan, and recommended that the public safety committee supports the affordable housing concept but has concerns over safety aspects of the width of streets mentioned in the report.

Committee No. 1, Finance, reported having considered the matter of affordable housing plan (and recommendations from the affordable housing committee), and recommended the following: 1) that we limit the initial number of districts to no more than two; 2) that we limit the initial number of lots in each district to no more than 75: items 3) through 11) and 13) and 14) adopt as presented; 12) that the two year tax exemption be $75,000 for houses up to $100,000 in value, that the exemption be $50,000 on houses valued from $100,001 to $125,000, and anything over $125,000 receive zero tax exemption; and further that for determining an affordable housing district that the max. cost of lot and house be no more than $90,000.

Council Member Carpenter stated that they have conflicting recommendations from committees relating to items 1), 2), 11) and 12), and additional items of defining affordable housing district with a max. cost; and stated that by limiting districts to two and by doing 75 lots per district rather than 100 would reduce the City's exposure for debt by funding 100% upfront vs. the 50%. He stated that item 12) which is the tax exemption is not defined in the affordable housing recommendations as to what the $75,000 should apply to, and Urban Development limited it more by restricting to affordable housing districts, but prefers the step-down as it gives some incentive to others. He stated that the $90,000 limitation to the district allows the median income in Grand Forks and does not include cost of infrastructure.

City Attorney Swanson advised council that they have recommendations from five separate committees, some of which are inconsistent, that they either need to defeat some of the committee recommendations or form a singular committee recommendation, and suggested that there are some things that haven't been discussed and that four different ordinances will need to be amended. He stated he has some concern re. item 10) which deals with council approval of protective covenants. He advised that they could amend all five recommenda- tions into one recommendation containing all of the elements they wish to adopt, but that items re. upfront monies, lot widths and depths, etc. do require ordinance changes that have to go through the planning and zoning commission so wouldn't be able to implement those until May but could implement everything else.

Council Member Hamerlik suggested to refer to special committee of the committee chairs.

Council Member Klave stated that builders don't have problem with the graduated scale but here are dealing with the affordable housing proposal and sees problem with stopping exemption at $125,000. Council Member Carpenter stated that the recommendation from the finance committee on item 12) re. graduated scale for tax exemption was to apply city-wide in addition to the affordable housing districts.

Council Member Beach moved the adoption of the Urban Development Committee's recommendation; seconded by Council Member Beyer.

It was moved by Council Member Beyer to amend item 1) to limit the initial number of districts to no more than two, and that when the total number of lots available falls below 150, a new district could be established. Council Member Sande seconded the motion.