Council Minutes

PROCEEDINGS OF THE CITY COUNCIL OF THE
CITY OF GRAND FORKS, NORTH DAKOTA
Monday, February 2, 1998

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, February 2, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Sande, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; absent: none.

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

Mayor Owens introduced Lori Nordhaugen, student at Community High School, who was part of the Job Shadowing Program through Youth Commission.

APPROVE MINUTES

Typewritten copies of the minutes of the city council meetings held on September 15 and October 1, 1997 and January 20, 1998, were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Beyer that these minutes be approved as read. Carried 12 votes affirmative.

COUNCIL MEMBER KLAVE REPORTED PRESENT

ADOPT ORDINANCE NO. 3695, AMENDING SECTIONS
OF THE CITY CODE RELATING TO WATER, WASTEWATER,
STORMWATER AND SANITATION USER CHARGES, RATES
AND FEES

An ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to water, wastewater, stormwater and sanitation user charges, rates and fees", which had been introduced and passed on its first reading on January 20, 1998, was presented and read for consideration on second reading and final passage.

Mayor Owens asked if there was anyone present who had comments to make on this matter. There were none.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3696, AMENDING SECTION
6-0524 OF THE CODE RELATING TO EMERGENCY
APPOINTMENTS AND PROMOTIONS

An ordinance entitled "An ordinance amending Section 6-0524 of the Grand Forks City Code relating to emergency appointments and promotions", which had been introduced and passed on first reading on January 20, 1998, was presented and read for consideration on second reading and final passage.
Mayor Owens asked if there was anyone present who had comments to make on this matter. There were none.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3697, AMENDING SECTION
6-0101 OF THE CODE RELATING TO DEFINITION
OF A PROBATIONARY EMPLOYEE

An ordinance entitled "An ordinance amending Section 6-0101 of the Grand Forks City code relating to the definition of a probationary employee", which had been introduced and passed on its first reading on January 20, 1998, was presented and read for consideration on second reading and final passage.

Mayor Owens asked if there was anyone present who had comments to make on this matter. There were none.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

REPORTS OF OFFICERS

The city auditor presented the investment report for the period as of January 31, 1998. It was moved by Council Member Sande and seconded by Council Member Babinchak to receive and file the report. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-01 dated February 2, 1998, and totaling $2,377,504.00, 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 Hagness and seconded by Council Member Babinchak 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, Lucke, Hamerlik, Bouley, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

AUTHORIZE CITY OFFICIALS TO SIGN COMMUNICATION
WITH THE COUNTY ADVISING AIRPORT AUTHORITY OF
ACTION AND REQUEST SEATING OF MEMBERS
Committee No. 1, Finance, reported having considered the matter of airport authority membership, and recommended to authorize City officials to sign the communication with the County advising the Airport Authority of the action taken by both bodies and request the seating of the members.
It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

REJECT BIDS FOR CITY PROPERTY LOCATED OFF
GATEWAY DRIVE ADJACENT TO McDONALD'S

Committee No. 1, Finance, reported having considered the matter of consideration of bids for Lot B, Harty's Second Resubdivision (located on Gateway Drive adja-cent to McDonald's), and recommended to reject the bids.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

ADOPT RESOLUTION CONCERNING INVESTMENT OF
FUNDS TO ESTABLISH AND MAINTAIN ACCOUNT
WITH A.G. EDWARDS

Committee No. 1, Finance, reported having considered the matter of resolution concerning the investment of funds and to establish and maintain account with A.G. Edwards, and recommended to adopt resolution allowing A.G. Edwards to be placed on the bidders list.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7401.1 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION ALLOWING PLAT TO BE RECORDED
EVEN THOUGH TAXES NOT PAID (BIG SIOUX TRAVEL
PLAZA, INC.)

Committee No. 1, Finance, reported having considered the matter of request for a resolution from the council allowing plat to be recorded even though taxes not paid (request from Big Sioux Travel Plaza, Inc. for Lot 1, Block 1, Columbia Park 22nd Addition), and recommended adoption of the resolution.

It was moved by Council Member Bakken and seconded by Council member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7402 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 13 votes affirmative.



ADOPT RESOLUTION CALLING FOR PUBLIC HEARING
RE. ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS FOR CORPORATE CENTER

Committee No. 1, Finance, reported having considered the matter of calling for public hearing regarding issuance of Industrial Development Revenue Bonds for corporate center, and recommended that we adopt the resolution calling a public hearing on the Downtown Corporate Center Project to be considered the city council on Monday, March 2, 1998.

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

Council Member Bakken introduced the following resolution and moved its adoption, which motion was seconded by Council Member Babinchak: Document No. 7403 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Sande, Klave, Beyer Babinchak, Bakken, Hafner, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

APPROVE GRANT FOR HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grant for Health Department for Children's Services Home Safe Home mini-grant, and recommended to approve grant in the amount of $2,000.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment for Communicable Disease in the amount of $2,000 to reflect
funding received from mini-grant. It was moved by Council Member Beyer and seconded by Council Member Sande that this budget amendment be and is hereby approved. Carried 13 votes affirmative.

COUNCIL MEMBER GLASSHEIM REPORTED PRESENT

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of utility easement for sanitary sewer located west of the intersection of South 40th Street and 14th Avenue South, for and in consideration of the sum of $1.00, and other good and valuable considerations, Johnson Farms, grantor, and recommended to approve and to authorize proper City officials to execute the utility easement document.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 3, Public Service, reported having considered the temporary con-struction easement for furnace/boiler room addition and concrete foundation wall footings easement at civic auditorium for flood mitigation project, located between the civic auditorium and the First Bank building (formerly Metropolitan Federal Bank) for and in consideration of the sum of $1.00, and other good and valuable considerations, U.S. Bancorp, grantor, and recommended to approve and to authorize the proper City officials to execute the easement documents.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE PURCHASE OF REPLACEMENT PUMPS

Committee No. 3, Public Service, reported having considered the matter of high service pump repair/replacement (water treatment plant), and recommended to authorize purchase for replacement of the seven pumps in the amount of $20,564.00.

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 Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PROPOSALS TO PROVIDE SOFTWARE
ENGINEERING PROGRAMMING SERVICES FOR COMPLETION
OF SWTR (SAFE WATER TREATMENT) PHASE I PROJECT

Committee No. 3, Public Service, reported having considered the matter of completion of SWTR
(Safe Water Treatment) Phase I project, and recommended to approve proposals for Instrument Control Systems, Inc. to provide software engineering programming services in the amounts of $18,900 and $13,470 with funding to be taken from project contingencies.

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 Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for budget amendment to the wastewater utility budget in the amount of $9,929,928 from Bond Funds to various work in progress projects was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this amendment be approved. Carried 14 votes affirmative.

A request for budget amendment to the wastewater utility budget in the amount of $230,000 from Capital Installed Mech. System for work in progress project for updating of Pump Station 21, was presented and read. It was moved by Council Member Lucke that this amendment be approved. Carried 14 votes affirmative.
AUTHORIZE ADVERTISING FOR PROPOSALS FOR
ENGINEERING SERVICES FOR STUDY AND REPORT ON
WATER SUPPLY AND TREATMENT
Committee No. 3, Public Service, reported having considered the matter of adver-tising RFP for engineering services for study and report on water supply and treatment, and recommended to authorize request for proposals for engineering services.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE CALL FOR BIDS, SIDEWALK PROJECT
NO. 4720

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4720, 1998 Sidewalk Repair, and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4721, CONCRETE STREET
REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4721, 1998 concrete street repair, and recom-mended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4722, ASPHALT STREET
REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4722, 1998 asphalt street repair, and recom-mended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4724 ADA CURB RAMPS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4724, ADA Curb Ramps, and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.
RECONFIRM AUTHORIZATION TO ENTER INTO AGREEMENT
FOR PURCHASE OF LAND AND EASEMENTS FOR PROJECT
NO. 4440, PHASE 1B

Committee No. 3, Public Service, reported having considered the matter of Southend Drainway, Phase 1B, between Chestnut and Washington Streets, Project No. 4440, Phase 1B, and recommended to reconfirm authorization for proper City officials to enter into agreements with Bert and Lyle Johnson and Allen Thompson for the purchase of the necessary land and easements in Phase 1B, for right of way acquisition of property.

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 Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

REFER REQUEST FROM BIBLE BAPTIST CHURCH FOR
ANNEXATION AND CONNECTION TO CITY WATER BACK
TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of peti-tion from Bible Baptist Church for annexation and for connecting to city water, and recommended to proceed to negotiate with Traill Water through the city attorney's office, or with understanding to use outside firm if city attorney's office unable to handle with present work situation; and to authorize entering into agreement with Bible Baptist Church to allow connection to the existing 18-inch watermain and being provided with outside fire protection subject to the consent of future annexation.

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

Council Member Hagness reported that the City was not annexing this property at this time, that the City would work out agreement with Bible Baptist Church and that they would have to bear expenses for water connections and/or outside fire protection, that when properties contiguous and it's beneficial to annex every-body to the east of Bible Baptist Church. He also reported that their is further negotiation that has to be done with Traill Water. Mr. Vein reported that they were in support of full annexation and committee looked at trying to establish an agreement with them but didn't define a timetable, and going to have to develop a policy for how to expand into these areas that are being served by Rural Water. Mr. Vein reported that they have had concerns re. allowing areas not to be annexed to the city because they have found that a number of properties have relied on tapping charges and City's utilities have been forced to pick up those costs and because of depreciated costs in the future have been unable to pick up full cost; that as staff have seen this happen throughout the city, are funding a lot of the infrastructure improvements rather than assessing to the adjacent properties which are benefitting, and as staff think that this isn't spot zoning but would be annexation and contiguous to the strip that goes out to the airport, and could annex this area even though not serving them with utilities at this point they would in the future have the area annexed so that when any type of infrastructure would have area to assess. He also reported that for outside fire protection any additional hydrants, etc. would be included in either their detailed development plan or site plan whichever would be presented and they would be responsible for that cost.

Mr. Swanson reported that the provision of service to an area that is not annexed can be argued both ways, by the applicant that the need for annexation does not exist because services are already available to the property, or by the City that the services are being provided demonstrates the need or community of interest to support the annexation, that as to which argument the Annexation Review Com-mission might accept is going to be dependent upon a number of factors that he couldn't forecast but will enter into any analysis of annexation; that he had questioned whether staff had performed the numerical study on annexation for this property and questions whether annexation of this individual lot would meet minimum threshold for annexation, and doesn't believe it would.

Mr. Vein reported there are five pieces of property, not including New Vision; that Parcel A is Bible Baptist Church requesting annexation, Parcel D is New Vision Fibreglass who is interested in annexation, Parcel E is RDO Equipment, Parcel B which is ABC Seamless, Parcel C not occupied, and that there is 25 ft. strip that runs along the north side of Hwy. 2 which runs to the airport. He reported that the westerly edge of the annexation is around 58th Street, and there will be a gap between the westerly edge of the current city limits and where this piece would pick up, but goal City has is that where this area developing to the south and continuous onto city limits, that this would be an area already annexed to the city so that if 62nd Street, 12th Avenue North or 62nd Street were to be improved, would then be assessed to those adjacent bene-fitting properties. It was noted that Bible Baptist Church requesting connection to city water line because Traill Water does not have volume of water for fire protection.

Mr. Vein reported that the request for annexation was for Bible Baptist Church only, and his recommendation would be to enlarge somewhat to include beyond existing rights of way for assessment purposes. He reported that the policy of the City has been when go through annexation to include right of way immediately adjacent to it. It was noted that gap between current city limits and New Vision would be approx. one-quarter mile, and then incorporate another new area.

The question was asked whether new property would have to include sprinkler systems, and whether they would need paved parking lots, rate of water if out-side. Mr. Swanson reported there is an increased charge for water rates and wastewater service for facilities outside the city limits, for wastewater 50% premium and for water just under 50% surcharge, and also Church would pay no general liability taxes but would pay special assessments.

There was some discussion re. providing fire protection service for the property, and Deputy Chief O'Neill reported that they haven't investigated as to whether they could provide adequate service and if couldn't provide, wouldn't enter into agreement.
After further discussion Mr. Vein reported that they have been seeing lot of areas over past several years coming into the city where City had to install utilities and paving and City pickup those costs and is having significant effect on long term costs, specifically in utility rates, will see larger impacts in the future to those utilities and Hwy. Users as method for paying for paving, want to bring to council's attention and have to look at annexation if delivering them services. Council Member Carpenter stated that this needs to go back to committee until agreements specifically worked out, but if starting providing services should start saving that revenue because as increase demand on western side of the city going to speed up need for fire station on the west side of town and would be extremely expensive proposition to put on-going operating costs of that station on those properties, and setting aside monies gained from this to meet those demands, and secondly with tapping charges and infrastructure installing, may have to be aggressive with annexation when extending infrastruc-ture because need tax dollars to come with it otherwise current taxpayers and residents aren't going to be able to afford it.
Council Members Hagness and Hafner asked that this matter be go back to committee for further consideration.

Council Member Sande asked that the City would also need to provide sanitary and storm sewer when properties annexed and would hope public service committee would take that in consideration.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4654.350/351 REHAB. BRICK SEWERS AND
AUTHORIZE CALL FOR BIDS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4654.350/351, rehab. brick sewers, and recom-mended to approve plans and specifications and authorize call for bids.

The Flood Response Committee reported having considered request for bids to clean sewers, and recommended approval of request to clean approximately 10,000 ft. of two brick sewers at a cost of approximately $100,000.

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

Council Member Beach questioned financing of this project, whether out of utility rates or flood recovery money. Mr. Grasser reported that in cost matrix had several million dollars for work on sanitary and storm sewer rehab for flood damage and would now be specific project working its way through that system, and the funding for this will be CDBG or combination of CDBG and DSR funding, that they are finding that sewers have so much debris that it's generating gases and have to have cleaned with special processes before evaluating repair, but funding set up for CDBG and/or DSR.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4671, REHAB LIFT STATION NO. 21

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4671, Rehab Lift Station #21, and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE SELECTION OF CONSULTANTS FOR
ENGINEERING SERVICES TO OVERLAY DOWNTOWN
STREETS AND REHAB/RECONSTRUCT BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of con-sultant selection for RFP for engineering services to overlay downtown streets and rehab/reconstruct Belmont Road, and recommended to approve selection of KBM, Inc. as consultant for Project No. 4756, Belmont Road rehabilitation, and of Advanced Engineering as consultant for Project No. 4756, mill and overlay downtown streets, and authorize staff to negotiate and bring in engineering agreements.
It was moved by Council Member Klave and seconded by Council Lucke that this recommendation be and is hereby approved.

Council Member Beach questioned process for selection of consultants for engineering services. Mr. Grasser reported four companies responded to RFQ, KBM, Advanced Engineering, CPS and WSN (out of Crookston), and that it becomes dif-ficult to select on which firm most qualified because all qualified to do the work but trying to determine incremental degrees by which one maybe better qualified than others, and by what saying in negative is to portray in positive, that Advanced Engineering was selected for downtown streets because they are currently assigned to do the consultant work to evaluate the condition of the downtown streets and to make recommendations as to timing and what needs to be done, and are working directly with DDC and did some of pavement evaluations that helped to get federal funding and are familiar with the state, federal people involved, with streets and processes up to date. He reported what gave KBM advantage on the Belmont Road area was that it had extensive background in working on county roads re. overlays, rehab type work. He reported that CPS would contract out to sub-consultant, and WSN may not be quite as familiar with people and term, work is going to be bid through the NDDOT so that's why State familiarity with specifications and processes becomes a factor. Council Member Beach suggested that they perhaps have an informal committee within the depart-ment to make these recommendations along with a committee representative on that committee. Mr. Grasser reported that one or two members of the committee be part of that selection process, not only to make selection but become familiar with capabilities of local consulting firms. He reported that they are discussing moving some of their contracts from cost plus fixed fee contract to rate schedule and that provides lowest cost to the City but haven't done because of need to expedite projects.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

AUTHORIZE FUNDING OF 911 AND RADIO INFRASTRUCTURE
WITH SUPPLEMENTAL CDBG FUNDS AND TO NEGOTIATE
WITH FEMA FOR PARTICIPATION

The Flood Response Committee reported having considered the matter of 911 and radio infrastructure, and recommended to approve funding with supplemental CDBG funds and negotiate with FEMA for participation.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

SET POLICY FOR FUNDING OF STREET VS. GARDEN
LEVEL FLOORS FOR DOWNTOWN REHAB GRANT PROGRAM

The Flood Response Committee reported having considered the matter of street vs. garden level for downtown RGP (Rehab Grant Program) funding, and recommended to fund one, and only one, flood-damaged level of the building at a reduced amount of $10.00 per sq. ft.

It was moved by Council Members Carpenter and Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.


AUTHORIZE RECEIVING BIDS FOR MATERIALS ON
COST BASIS AND RETURN TO COMMITTEE WITH
PROPOSALS

The Flood Response Committee reported having considered the matter of bid pro-posal for inventory of goods for the Unmet Needs Housing Rehab Program, and recommended to receive bids on materials on a per unit cost basis and return to committee with proposals.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE SOLICITATION OF BIDS FOR VARIOUS
ASPECTS OF CORPORATE CENTER

The Flood Response Committee reported having considered the matter of corporate center, authorization to solicit bids for abatement, demolition, site preparation, foundation, piles and structural steel, and recommended to approve.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE PROVIDING ASSISTANCE UNDER INTEREST
SUBSIDY PROGRAM RETROACTIVE UNDER BANK OF ND
DISASTER RELIEF LOAN PROGRAM

The Flood Response Committee reported having considered the matter of providing assistance under interest subsidy program retroactive so as to include existing borrowers under the Bank of North Dakota Disaster Loan Program, and recommended approval of program.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE BIDS FOR COMMUNITY-WIDE HOUSING
NEEDS ASSESSMENT

The Flood Response Committee reported having considered the matter of community-wide housing needs, and recommended approval of housing needs assessment at a cost of $7-10,000 with bids brought back before the committee.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE BUYOUT OFFER FOR RED RIVER
COMMUNITY ACTION AGENCY

The Flood Response Committee reported having considered the matter of buyout offer for Red River Community Action Agency, and recommended approval of sending a buyout offer on this property.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.

REFER MATTER OF RECOMMENDATIONS BACK TO
DOWNTOWN DEVELOPMENT COMMITTEE

The Flood Response Committee reported having considered the matter of DDC recommendation and recommended approval of DDC involvement in Rehabilitation Grant Program (RGP) that applications and policy pass through DDC for their review before coming to Flood Response Committee.

The Flood Response Committee reported having considered the matter of grant boundaries recommendation from DDC, and recommended approval of recommended expansion with the understanding that the DDC will come back with a recommendation whether the $50/sq.ft. or percentage amount required from property owner or tenant be charged.

The Flood Response Committee reported having considered the matter of design guidelines and review committee, and recommended approval of design guidelines and proposed committee as requested and that it apply to all internal or external building improvements following council adoption.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that these recommendations be and are hereby approved.

Council Member Glassheim questioned design guidelines portion of this, that there are approx. 20 pages of design guidelines, originally meant to apply to those who received external improvement money would have to comply with the external guide-lines, but in Flood Response Committee were expanded to include if you get internal building improvements that automatically sets the design guidelines to work and controls whatever is done outside even if no funds received for outside of the building. He reported that he talked with some people on North 3rd Street who are contemplating an entertainment block, and guidelines talk about no neon or fluorescent lights, which if have old-fashioned historic district makes sense, however, is everything downtown to be old-fashioned historic district. He stated that he was not sure corporate center would be in compliance with these guide-lines, not sure new ramp would be in compliance with guidelines, not sure that anybody downtown who owns building has been involved in the development of these guidelines and not sure who had input, and would like to see guidelines held and returned to DDC for review; that this gives four-person committee control over every building that receives city or federal money.

Council Member Carpenter stated he disagrees with Council Member Glassheim, that if someone gets internal money downtown, they should follow guidelines for the outside of their building as well, that if want to have design guidelines down-town anybody who gets funding should have to follow guidelines, but each and every property should apply to the guidelines. Council Member Beyer stated they want to make downtown as appealing as possible, but to say neon lights not fair but are if used in proper application but need downtown criteria. She moved to refer the matter back to DDC. Council Member Sande seconded the motion along with the comment that curtain wall glazing systems are specifically disapproved in the guidelines and the latest drawings on the elevation of the corporate center call specifically for an aluminum curtain wall and architect should be notified. She also stated that one of the things stated is that glass doors are not allowed and they have many glass doors, and also revolving doors prior to the flood, and supports a re-look at this with more input from downtown people.

Doug Christensen stated that nobody unless they receive minutes of DDC had any idea of this unless read in Herald and web page, and agrees there should be some designs, have downtown where spending $16 Million to fix corner of DeMers and 4th Street, and $5 Million dedicated for downtown, but design guidelines could make it too expensive for the private sector to go downtown and re-invest, have to be careful not to discourage reinvestment by the private sector because federal funds will run out and be careful of regulations so not too expensive because of guidelines and requirements. He stated they need cost perspective as to guide-lines proposal. Council Member Beach stated they don't mean higher cost but direction in good taste. Gary Christianson reported that whether they have guidelines or not, they will be required to be approved by the State and Federal Historic guidelines, and one of the reasons for guidelines is to protect substantial investments that other private property owners make in their property so adjacent property owners not do something to detract from entire neighborhood.

Upon call for the question and upon voice vote to refer the matter of design guidelines and review committee back to DDC, the motion carried 14 votes affirmative.

It was noted that the other two parts of the recommendation, which is approval of the DDC involvement in the rehabilitation grant program and approval of the recommended expansion with the understanding that the DDC will come back with the recommendation on the expansion of the downtown boundaries were presented for vote. Carried 14 votes affirmative.

APPROVE APPOINTMENT TO BUS COMMITTEE

Mayor Owens announced the appointment of Council Member Lucke to replace former Council Member Hanson as the council representative on the Bus Committee and asked for concurrence in this appointment. It was moved by Council Member Hagness and seconded by Council Member Glassheim that this appointment be and is hereby approved. Carried 14 votes affirmative.

APPROVE APPOINTMENTS TO BIKEWAY COMMITTEE

Mayor Owens announced the appointment of the following individuals to the Bikeway Committee: Jim Bassett and Sheryl Smith for three-year terms; Jim Bollman and Council Member Glassheim for two-year terms; and Ray Engen and Paul Clark for one-year terms, and asked for concurrence in these appointments. It was moved by Council Member Klave and seconded by Council Member Bouley that these appoint-ments be and are hereby approved. Carried 14 votes affirmative.

AUTHORIZE RE-OPENING OF CITY PLANNER POSITION
WITH INCREASE IN SALARY

Mayor Owens reported that they went through process and only four applicants, with only one candidate that would possibly be hired, and recommended they re-open the position and get larger pool of applicants to be sure person hired will be a benefit to the city of Grand Forks. She reported that she asked Dan Gordon, executive director of Human Resources, to check into salaries for city planners. Mr. Gordon reported that a wage range of various cities had been secured and which had been used in the 1997 wage study, that our wage scale doesn't fit even with communities of Fargo and Bismarck. He reported that in discussing with the Mayor they felt that a range of $45,000 to $62,000 would be just compensation and would be advertised amount. He reported they did an investment on candidates brought to Grand Forks and in doing recruitment campaign for reopening this position he wanted to pay lot of attention to the cost and in doing a recruitment campaign wanted to change to personal approach, where they will contact Universities that offer masters and PHD programs in urban planning as well as direct mailings and phone calls to local and regional planning offices; and will use web sites and newspapers. He also reported that the consultant contract has been concluded and they will be handling from his office. Mayor Owens reported that she informed current candidate for the position and he will be leaving his name in for the position. It was also noted that this is a contract position.

There was some discussion re. cost of bringing in five candidates for interviews and bring in less candidates; Mr. Gordon stated that's staff process. Council Member Hamerlik asked if they invite someone in and offer them a job and they don't take it, are they responsible for costs, do away with some of the shoppers. There was some discussion re. removing position from civil service; Mr. Swanson reported that if do return to civil service, no ability to exceed the approved range for salary, only way this body can alter salary range is doing on a contract basis. He also noted that if the position were reclassified either as a range in job description or as a reclassification request, both lie in the hands of the civil service commission. Mr. Gordon reported that main concern of applications was pay range.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer to reopen position of city planner and re-advertise with increase in salary range of $45,000 to $62,000.

It was then moved by Council Member Carpenter and seconded by Council Member Hafner to amend the motion to set salary cap at $60,000. Carried 14 votes affirmative.