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16807
January 18, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 18, 2000

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Tuesday, January 18, 2000 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, Klave, Beyer, Babinchak, Hafner, Martinson - 13; absent: Council Member Lunak - 1.

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

APPROVE MINUTES

Typewritten copies of the minutes of the regular meeting held on September 7, 1999 and of the adjourned meeting held on September 20, 1999, were presented and read. It was moved by Council Member Hafner and seconded by Council Member Bouley that these minutes be approved as read. Carried 13 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3834, TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICTED ON
THE PLAT OF MERRIFIELD INDUSTRIAL PARK 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 Merrifield Industrial Park First Addition to Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 6, 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 reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no 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 Robert Drees on behalf of the Drees Farming Association for final approval of a plat of Merrifield Industrial Park First Addition to Grand Forks, North Dakota, being a part of the West Half of the Southwest Quarter of Section 31, Township 151 North, Range 50 West of the 5th Principal Meridian (located at 7200 South 55th Street), 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 Map. The recommendation had been moved and seconded by Council Members Hafner and Carpenter.

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

ADOPT ORDINANCE NO. 3835, AMENDING ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL DISTRICT
MERRIFIELD INDUSTRIAL PARK 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 include within the I-2 (Heavy Industrial) District, Merrifield Industrial Park First Addition to Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 6, 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 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 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 Robert Drees on behalf of the Drees Farming Association for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) district and to include within the I-2 (Heavy Industrial) District, Merrifield Industrial Park First Addition to Grand Forks, North Dakota (located at 7200 South 55th Street), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation was moved and seconded by Council Members Hafner and Martinson.

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

ADOPT ORDINANCE NO. 3836, AMENDING ZONING
MAP TO INCLUDE WITHIN THE B-4 (CENTRAL BUSINESS)
DISTRICT LOTS 7, 9 AND 11, BLOCK 8, TRAILL’S ADDITION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (High Density Multiple Family Residence) District and include within the B-4 (Central Business) District, Lots 7, 9, and 11, Block 8, Traill’s Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 6, 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 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 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 Herb Helgeson for final approval of an ordinance to amend the Zoning Map to exclude from the R-4 (High Density Multiple Family Residence) District and to include within the B-4 (Central Business) district, Lots 7, 9 and 11, Block 8, Traill’s Addition (located on the 100 block of Belmont Road), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation was moved and seconded by Council Members Hafner and Carpenter.

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

ADOPT ORDINANCE NO. 3837, AMENDING ZONING
MAP TO INCLUDE WITHIN THE B-1 (LIMITED BUSINESS)
DISTRICT LOTS 2, 4, 6 AND 8, BLOCK 10, TOWN OF
GRAND FORKS

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (High Density Multiple Family Residence) district and include within the B-1 (Limited Business) district, Lots 2, 4, 6 and 8, Block 10, Town of Grand forks to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 6, 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 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 public hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department on behalf of the City of Grand Forks for final approval of an ordinance amending the Zoning Map to exclude from the R-4 (High Density Multiple Family Residence) District and to include in the B-1 (Limited Business) District Lots 2, 4, 6 and 8, Block 10, Town of Grand Forks (located at the intersection of 4th Avenue North and North 4th Street), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation was moved and seconded by Council Members Hafner and Babinchak.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3838, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
SHOWN AND DEDICATED ON THE PLAT OF AUDITOR’S
SUBDIVISION NUMBER 30

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 Auditor’s Subdivision Number 30 to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 6, 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 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 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 Advanced Engineering on behalf of Jobs Development Authority for final approval of a plat of Auditor’s Subdivision No. 30 to the city of Grand Forks, North Dakota, including a variance to Grand Forks City Code Section 18-0907 layout of additions and subdivisions; survey and plat required; contents of plat; subsection (2) rights of way; (L) right of way access; 3. Arterials; access to principal arterials shall be permitted provided that the point of access is more than 880 feet from any intersection or other point of access to that arterial, and subsection (4) Blocks; (A) Block Length ---, 1. Blocks fronting on a principal arterial; 880 feet, access spacing being proposed along 32nd Avenue South (future principal arterial) is 406.62 feet, 542.5 feet and +/- 600 feet, (located between 32nd Avenue South and 40th Avenue South and between the Burlington Northern-Santa Fe Railroad right of way and South 52nd Street), 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 Map. The recommendation was moved and seconded by Council Members Hafner and Bakken.

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

ADOPT ORDINANCE NO. 3839, AMENDING ZONING
MAP TO INCLUDE WITHIN THE JDA PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AUDITOR’S SUBDIVISION NO. 30

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 the JDA PUD (Planned Unit Development), Concept Development Plan, Auditor’s Subdivision No. 30 to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on
December 6, 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 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 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 Advanced Engineering on behalf of Jobs Development authority for final approval of an ordinance amending the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the JDA PUD (Planned Unit Development), Concept Development Plan, Auditor’s Subdivision No. 30 (located between 32nd Avenue South and 40th Avenue South and between the Burlington Northern-Santa Fe Railroad right of way and South 52nd Street), 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 was moved and seconded by Council Members Hafner and Carpenter.

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

DENY ADOPTION OF ORDINANCE AMENDING
ZONING MAP TO INCLUDE WITHIN THE SOUTH CON-
GRESSIONAL (PUD) PLANNED UNIT DEVELOPMENT,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1

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

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

The Planning and Zoning Commission reported having considered the matter of the request from Grand Forks Housing on behalf of Grand Forks Homes, Inc. for final approval of an ordinance amending the Zoning Map to exclude from the South Congressional Planned Unit Development (PUD), Concept Development Plan and to include within the South Congressional Planned Unit Development (PUD) Concept Development Plan, Amendment No. 1 (located between North 55th Street and North 53rd Street and between University Avenue and the Burlington Railroad right of way), and recommended denial of the request. Carried 13 votes affirmative.

POSTPONE SECOND READING OF ORDINANCE RE.
TO BIKE LICENSE CHANGES TO ELIMINATE SALE
OF LICENSES AND ENACT REGISTRATION OF BIKES
UNTIL FEBRUARY 7, 2000

An ordinance entitled “An ordinance repealing Article 16 of chapter XXI and adopting a new Article 16 to Chapter XXI of the Grand Forks City Code relating to registration and licensing of bicycles”, which had been introduced and passed on its first reading on January 3, 2000, was presented and read for consideration on second reading.

It was moved by Council Member Bakken and seconded by Council Member Martinson that this matter be returned to the Public Safety Committee and that second reading of the ordinance be postponed until the next meeting, February 7, 2000. Carried 13 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1923 5TH AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (commercial building) at 1923 5th Avenue North, had been served by certified mail to the owner of the property, said property being in substandard condition.

Mayor Owens asked if there was anyone present to submit any pertinent facts concerning the matter to the council.

Bev Collings, Building and Zoning Administrator, reported that this building was damaged in the flood and has not been cleaned up, that the property is valued at $1,000, and recommended that the building be ordered demolished.

Mayor Owens closed the public hearing.

It was moved by Council Member Martinson and seconded by Council Member Beyer that we find the structure to be substandard as defined by Section 10-0401 of the City Code, subsections (2), (4), (5) (6), (7), (8) and (9), that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 13 votes affirmative.

HOLD PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 2303 COTTONWOOD STREET AND HOLD MATTER FOR
90 DAYS

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (house) at 2303 Cottonwood Street, had been served by certified mail to the owner of the property, said property being in substandard condition.

Mayor Owens asked if there was anyone present to submit any pertinent facts concerning the matter to the council.

Bev Collings, Building and Zoning Administrator, recommended to have this matter held for 90 days.

Mayor Owens closed the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Babinchak to continue this matter for 90 days. Carried 13 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUSTANDARD BUILDINGS AT
213 COTTONWOOD STREET (HOUSE AND GARAGE)

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard buildings (house and garage) at 213 Cottonwood Street, had been served by certified mail to the owner of the property, said property being in substandard condition.

Mayor Owens asked if there was anyone present to submit any pertinent facts concerning the matter to the council.

Bev Collings, Building and Zoning Administrator, reported that this building was damaged in the flood and has not been cleaned, and recommended that the buildings be ordered demolished.

Mayor Owens closed the public hearing.

It was moved by Council Member Martinson and seconded by Council Member Beyer that we find the structure to be substandard as defined by Section 10-0401 of the City Code, subsections (1) (2), (3), (4), (5), (7), (8) and (9), that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 13 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUSTANDARD BUILDING AT
317 SOUTH 3RD STREET (COMMERCIAL BUILDING)

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (commercial building) at 317 South 3rd Street, had been served by certified mail to the owner of the property, said property being in substandard condition.

Mayor Owens asked if there was anyone present to submit any pertinent facts concerning the matter to the council.

Bev Collings, Building and Zoning Administrator, reported that this building was damaged in the flood and has not been cleaned up, and recommended that the building be ordered demolished.

Mayor Owens closed the public hearing.

It was moved by Council Member Martinson and seconded by Council Member Beyer that we find the structure to be substandard as defined by Section 10-0401 of the City Code, subsections (1), (2), (3), (4), (5) (6), (7), (8) and (9), that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 13 votes affirmative.


HOLD PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 1324 11TH AVENUE SOUTH (HOUSE)

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) at 1324 11th Avenue South (house), had been served by certified mail to the owner of the property, said property being in substandard condition.

Mayor Owens asked if there was anyone present to submit any pertinent facts concerning the matter to the council.

Bev Collings, Building and Zoning Administrator, reported that there is a buyer for the property (either pave it or develop it) and house will be demolished, and recommended to have this matter held for 90 days. Mayor Owens closed the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Babinchak to continue this matter for 90 days. Carried 13 votes affirmative.

REFER ITEMS BACK TO COMMITTEE

Mayor Owens asked there were any items that they may want referred back to committee for further consideration.

It was moved by Council Member Bakken and seconded by Council Member Klave to refer the matter of
CIP for 2000-2005 back to the Capital Improvements Program Committee for further consideration. Carried 13 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF 1998
TAXES ON PROPRTY AT 213 PARK AVENUE

Committee No. 1, Finance, reported having considered the matter of application for abatement of 1998 taxes by Raymond Arnold, 213 Park Avenue (Lot 12, Block 17, Riverside Park Addition), and recommended to approve an abatement of 1998 taxes on the improvement of 213 Park Avenue.

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

APPROVE APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO COMMERCIAL AND
RESIDENTAL PROPERTIES

Committee No. 1, Finance, reported having considered the application for 3-year exemption of improvements to commercial and residential buildings: Bruce and Berit Henkel, 2015 University Avenue, and recommended approval of an exemption on the existing home and a 50% exemption on the addition, both for three years.

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

Committee No. 1, Finance, reported having considered the application for 3-year exemption of improvements to commercial and residential buildings: Roxanne and Ivan Jensen, Ambassador Motel, 2021 South Washington Street, and recommended approval of a three-year exemption for the Ambassador Motel, 2021 South Washington Street.

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

APPROVE COURT SERVICES CONTRACT WITH
COUNTY OF GRAND FORKS

Committee No. 1, Finance, reported having considered the matter of court appeals with regard to municipal court appeals, and recommended to approve the court services contract between the City of Grand Forks and Grand Forks County.

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

ADOPT RESOLUTION TO TRANSFER TCI CABLE
FRANCHISE CONTINGENT UPON RESERVATION OF
POSITION ON THE USE OF CABLE FACILITIES

Committee No. 1, Finance, reported having considered the matter of request for transfer of TCI cable franchise, and recommended to adopt the resolution to transfer the TCI cable franchise contingent upon reservation of position on the use of cable facilities for internet access and contingent upon the entity being legally created.

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

Council Member Glassheim questioned if there was anything we could do to get better use of the cable system (ie., channel 6 for broadcasting council meetings, or other public events, any use of vacant channels for public access), that it seems as though other cities around the country are making much better use of the public airwaves and their right to approve contracts with cable companies and franchise agreements than we are; and if there were some way to keep that open and request better public use of the cable franchise.

Mr. Swanson stated that all of the items that Mr. Glassheim identified appear to be outside of the present provisions of the franchise agreement which would indicate a need to re-negotiate a franchise agreement, that our present agreement expires in 2004. He stated that the use of an additional channel for governmental or educational purposes was discussed when the franchise was originally approved a few years ago and one channel was retained at that time. He stated we could entertain a request either from TCI or initiate a request to re-negotiate, however, under the province of a request for transfer he didn’t believe that we have any legal authority to either deny or hold on the transfer pending further renegotiations.

Mr. Swanson reported that this request is more than a change of the name; there are three review criteria in evaluating whether or not a transfer or franchise should be approved; and those are 1) whether or not the entity to hold the franchise has the technical abilities; 2) whether or not the proposed franchise holder has the financial wherewithal; and 3) an evaluation as to any present deviations from the existing franchise. He stated he did an initial review, and hired outside counsel to do further review, and that both his recommendation and that of Adrian Herbst is to approve the transfer. He stated there were some contingencies which are in general terms as follows: 1) that upon acceptance of the franchise, the new entity must show a certificate of authority to do business in the State of North Dakota, that entity has not yet been formulated, it will be a partnership or a limited liability partnership; 2) they have to approve or adopt the same terms of the resolution that the council would be acting upon tonight and contained in there is a reservation of rights that in the event federal court having appropriate jurisdiction were to rule that the City has the authority to impose an open access requirement for internet access, the City would then be able to discuss that with them at that time and there is a favored nations clause indicating that if TCI enters into agreements or new entity enters into agreements with other communities providing open access, that also gives the City the opportunity to renegotiate those terms. He stated that based upon his review he finds no factual or legal basis to either withhold the action or deny the request for transfer. He stated that under the existing federal law cable t.v. franchises a notice of renegotiation needs to go out three years prior to the termination of the franchise, and that will be coming much quicker than he would anticipate.

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

APPROVE PAY INCREASE FOR CONTRACTED
DEPARTMENT HEADS

Committee No. 1, Finance, reported having considered the matter of pay increase for contracted department heads, and recommended approval of the 3% increase for the contracted department heads (police, fire, planning).

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

APPROVE JOB DESCRIPTION CHANGE OF FIRE
FIGHTER III

Committee No. 1, Finance, reported having considered the matter of job description changes for fire fighter III, and recommended approval of the change from six years to five years experience including 2 years as a firefighter II and 3 years as a firefighter I.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ESTABLISH POLLING PLACES AND HOURS OF
ELECTION FOR SPECIAL CITY ELECTION

Committee No. 1, Finance, reported having considered the matter of establishing polling places and hours of election, and recommended to approve the polling places as designated and that the hours be set from 7:00 a.m. to 8:00 p.m. for the special election on February 22.

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

APPROVE CONCEPT OF CITY PAYING FOR INFRA-
STRUCTURE TO SERVE POWER MALL ON SITE ON
32ND AVENUE SOUTH

Committee No. 1, Finance, reported having considered the matter of financing infrastructure to serve power mall site on 32nd Avenue South, and recommended that we approve the concept of the City paying for the infrastructure related to this development through the defined sources of city share, Highway Users and infrastructure dollars.

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

Council Member Martinson expressed concern that he had not received any information relative to this matter until reading it in the newspaper, and that he is supposed to make a decision on this matter this evening. The city auditor stated that every effort was made to deliver the information to the council members prior to the meeting.

Council Member Babinchak stated that we are trying to make Grand Forks a destination spot, that we’re trying to expand the tax base for all the citizens in Grand Forks and helping reduce their taxes, that it will be good competition, and will draw more people to Grand Forks and East Grand Forks as a destination spot so they’ll shop in competing stores or other stores.

The city auditor stated that this development is between 32nd Avenue South and 36th Avenue South and between South 34th Street and the Interstate. He stated that the intent of the funding is to pay for projects - paving, lighting, sanitary sewer, storm sewer, water, stop light modifications on South 38th Street and on South 34th Street; that in the initial proposal 36th Avenue South was included for a cost of about $667,500 and as they went through this Engineering and Planning & Zoning determined that in order to save total costs on this project, it might be wiser to have 36th Avenue South become more of a service/driveway and that part of the project has been eliminated from City side but there will be costs picked up by Oppidan as part of the private development for that driveway plus some of the other infrastructure that would have to go in there; and those are the basic uses of the funds. He stated that the funds are coming from City share for paving wider than normal paving, and the water and sewer lines being somewhat larger, in the amount of $790,000; the City would pick up the stop light modifications on 34th and 38th Streets as part of our cost. He stated that the modified costs (with 36th not included) which would be about $1.2 would have been picked up as special assessments to Oppidan and for some properties on the other side of 34th Street; and in looking at this the recommendation is to take $990,000 to $1.2 million because there is still some potential for value engineering out in part of the costs on South 38th Street by changing the widths of the road that go through that development, so the proposal at this point is to pay those costs out of the infrastructure fund and that’s generated by sales tax and set aside for infrastructure and that’s what the recommendation is from the finance committee.

It was also noted that the general taxes of $819,000 are just for the buildings, with the land that would generate approx. $150,000 more in taxes, so the general taxes would be closer to $969,000 when the whole development is complete.

The city auditor reported they had projections from the developer of approx. $70 million in sales, that he can’t tell what that means in new sales tax dollars but there will be some new dollars, and thinks that the $900,000 or $1 million investment, once this is fully developed has the potential of being paid for in a year and thereafter those taxes are a benefit to every taxpayer, every business owner in this community if we can help use those to help keep the taxes down and fund the services of the city.

Paul Tucci, Oppidan Investment Company, Minnitonka, MN, stated that the cost of the project is outside of the parameters for their lead tenant, that they’ve worked very diligently to try to bring those down and have brought that number down to where they are today, and are trying to get into parameters to make deal work to move forward. He also stated that their timeframe for full development would be more in the three or four-year range to get fully up and running.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Hamerlik - 11; voting “nay”: Council Members Polovitz, Lucke - 2. Mayor Owens declared the motion carried.

DENY REQUEST FOR INSTALLATION OF WARNING
SIGNS FOR SNOWMOBILERS ON RED RIVER AT DAM

Committee No. 2, Public Safety, reported having considered the request or installation of warning signs for snowmobilers on Red River at Riverside Dam, and recommended to deny the request.

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

Council Member Brooks stated that if a sign can save one tragedy, and that we would be liable if we don’t do something to prevent this from happening again. Fire Chief O’Neill stated that they’ve begun discussions with the Corps of Engineers, that they will be doing some work and improving the new dam site, and will be working with them to be doing some signage.

Mr. Swanson stated that the decision as to whether they should or should not place warning signs on the river, he doesn’t believe carry liability consequences, and if they decide to place warning signs, the liability that follows is to insure that the signs are accurately placed and adequately maintained, and it is for council to decide whether that is an inordinate amount of liability or not.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Bouley - 7; voting “nay”: Council Members Glassheim, Carpenter, Brooks, Polovitz, Lucke, Hamerlik - 6. Mayor Owens declared the motion carried.

APPROVE TEMPORARY HANDICAPPED PARKING
SIGNS IN FRONT OF NEW COUNTY OFFICE BUILDING
Committee No. 2, Public Safety, reported having considered the matter of temporary handicapped parking in front of new County Office Building, and recommended to approve three handicapped spaces and one 15-minute parking space on the 4th Street side of the new County Office Building on a temporary basis until April or when County parking ramp is finished.

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

APPROVE APPLICATION FOR CLASS 3 ALCOHOLIC
BEVERAGE LICENSE AT 3205 SOUTH WASHINGTON
STREET

Committee No. 2, Public Safety, reported having considered the matter of application by Toppers South, inc., Jon Borman, for Class 3 (Off and/or On Sale Beer and Wine) license at 3205 South Washington Street (transfer of the license from 425 North 42nd Street, Toppers 42nd Street Eatery), and recommended that the application be approved.

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

APPROVE CONCEPT REPORT FOR 17TH AVENUE
SOUTH BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of project concept report for 17th Avenue south bikepath, and recommended to reaffirm the motion of the committee at the last meeting to approve the bikepath on the south side of 17th Avenue South.

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

APPROVE PURCHASE OF PROPERTY FOR CLEARWELL,
PROJECT NO. 4648

Committee No. 3, Public Service, reported having considered the matter of purchase and dedication agreement for clearwell property, Project No. 4648, and recommended to approve the purchase of the parcel described as: The Southeast Quarter of the Northeast Quarter of Section 12, Township 151 North, Range 51 West of the Fifth Principal Meridian, Grand Forks, ND for the clearwell and transmission line, City Project No. 4648.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE EASEMENTS FOR PROJECT NO. 4648.1
WATER DISTRIBUTION SYSTEM TIE-BACK WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of easements for Water Distribution System tie-back watermain, Project No. 4648.1, and recommended to approve permanent and temporary easements with Johnson Farms in the amount of $1,990.50, Minnkota Power in the amount of $3,000, Lois Maier in the amount of $4,875 and with Johnson Farms in the amount of $3,028, for a total of $12,895.50 for Project 4648.1.

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 Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5086,
BALING FACILITY STRUCTURE, SCHEDULE B

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5086, Baling Facility Structure, Schedule B, electrical, and recommended to approve change order No. 1 (mechanical schedule) to Lunseth Plumbing & Heating in the amount of $8,958 for a reduced voltage starter for Project No. 5086.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE RIVER GAGE STATION AGREEMENT WITH
U.S. GEOLOGICAL SURVEY

Committee No. 3, Public Service, reported having considered the matter of river gage station agreement with U.S. Geological Survey, and recommended to approve $11,300 from the COE flood protection project to fund operation of the gauges for FY2000.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT WITH LECLERC REAL
ESTATE AND SURVEYING SERVICES FOR 2000
CONSULTING WORK

Committee No. 3, Public Service, reported having considered the matter of agreement with LeClerc Real Estate and Surveying Services for 2000 consulting work, and recommended to approve an agreement with LeClerc Real Estate and Surveying Services for 2000 with compensation at a rate of $34/hour not to exceed $17,000 for the year.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD BID FOR WATERMAIN PROJECT NO. 5075

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5075, watermain on South 48th street from DeMers to 17th Avenue (CDBG eligible), and recommended to approve and award the low bid of S. J. Louis Construction, Inc. in the amount of $548,345 of CDBG funding for Project No. 5075.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD BID FOR WATERMAIN PROJECT NO. 5080

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5080, watermain on University Avenue, 2nd Avenue North, North 23rd Street and 5th Avenue North (CDBG eligible), and recommended to approve and award the low bid of D & D Torgerson Contracting, Inc. in the amount of $1,003,385 of CDBG funding for Project No. 5080.

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

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Members Klave and Beyer to excuse Council Member Babinchak from voting on this matter. Carried 12 votes affirmative.

Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none; Council Member Babinchak abstaining. Mayor Owens declared the motion carried.

AWARD BID FOR PROJECT NO. 5071, WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5071, Water Tower at the Central Business District (CDBG eligible), and recommended to amend the previous motion to add Alternative 4-1 in the amount of $98,000 to the base bid of CB & I Contractors, Inc. for a total of $896,000 of CDBG funding for Project No. 5071.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD BID FOR PROJECT NO. 5104, 2000 CONCRETE
STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5104, 2000 concrete street repair (CDBG), and recommended to approve and award the low bid of Tony Anderson Construction, Inc. in the amount of $236,077.50 of CDBG funding for Project No. 5104.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5028.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5028.1, Flood Mitigation Phase II, Change Order No. 4 (CDBG), and recommended to approve change order No. 4 to Molstad Excavating, Inc. in the amount of $14,000 of CDBG funding for Project No. 5028.1.

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 Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5015

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5015, Flood Mitigation Phase I, C.O. No. 7 (CDBG), and recommended to approve Change Order No. 7 to Nodak Contracting in the amount of $3,312 of CDBG funding for Project No. 5015.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4923

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4923, watermain on 47th Avenue South from Washington to Chestnut Street, Change Order No. 1, and recommended to approve deductive change order No. 1 to Industrial Contract Services in the amount of $40,146.25 for Project No. 4923.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4804

Committee No. 3, Public Service, reported having considered the change order for Project No. 4804, Downtown Watermain Replacement Project Phase I, Change Order No. 1 (CDBG eligible), and recommended to approve Change Order No. 1 to Robert Gibb & Sons, Inc. in the amount of $27,785.50 of CDBG funding for Project No. 4804.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4927

Committee No. 3, Public Service, reported having considered the change order for Project No. 4927, sanitary sewer and forcemain on 55th Avenue South from Columbia Road to Pump Station No. 40, Change Order No. 4, and recommended to approve zero Change Order No. 4 to Molstad Excavating for Project No. 4927.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4851

Committee No. 3, Public Service, reported having considered the change order for Project No. 4851, sanitary forcemain on Columbia Road and 62nd Avenue South, Change Order No. 4F, and recommended to approve Change Order No. 4F to S.J. Louis Construction, Inc. in the amount of $5,319.07 for Project No. 4851.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4926

Committee No. 3, Public Service, reported having considered the matter of change order for project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station No. 39, Change Order No. 3F, and recommended to approve deductive Change Order No. 3F to Dakota Underground Co., Inc. in the amount of $45,771.20 for Project No. 4926.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4983

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4983, Pump Station No. 27 Replacement, Mechanical Contract, Change Order No. 1 (CDBG eligible), and recommended to approve mechanical contract Change Order No. 1 to McFarlane Sheet Metal in the amount of $96.00 for CDBG funding for Project No. 4983.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4849

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4849, Pump Station No. 40, Mechanical Contract, Change Order No. 1, and recommended to approve mechanical contract Change Order No. 1 to McFarlane Sheet Metal in the amount of $96.00 for project No. 4849.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4684

Committee No. 3, Public Service, reported having considered the matter of change order for project No. 4684, Pump station No. 33, Mechanical Contract, Change Order No. 1, and recommended to approve a change order to McFarlane Sheet Metal in the amount of $493.50 for project No. 4684.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4848

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4848, Pump Station No. 39, Mechanical Contract, Change Order No. 1, and recommended to approve mechanical contract No. 1 Change Order to McFarlane Sheet Metal in the amount of $273.00 for Project No. 4848.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4864

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4864, Storm Sewer Restoration Area 3, Change Order No. 1 (CDBG), and recommended to approve Change Order No. 1 to Molstad Excavating, Inc. in the amount of $8,000 of CDBG funding for Project No. 4864.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4863

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4863, Sanitary Sewer Restoration Area 3, Change Order No. 3 (CDBG), and recommended to approve Change Order No. 3 to Molstad Excavating, Inc. in the amount of $43,144.00 of CDBG funding for Project No. 4863.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4836

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4836, storm sewer on Belmont road from the Southend Drainway to 55th Avenue South, Change Order No. 3, and recommended to approve Change Order No. 3 to Soberaski, Inc. in the amount of $750 (from the Downtown Watermain Replacement Project No. 4804) for Project No. 4836.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4972

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4972, watermain bottleneck replacement on 17th Avenue South from 34th to 35th Streets, Change Order No. 3 (CDBG), and recommended to approve Change Order No. 3 to Soberaski, Inc. in the amount of $2,545.00 of CDBG funding for Project No. 4972.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4878

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4878, watermain on Columbia Road from 36th to 47th Avenues South, Change Order No. 2, and recommended to approve Change Order No. 2 to United Crane and Excavation in the amount of $7,467.44 of CDBG funding for Project No. 4878.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4875

Committee No. 3, Public Service, reported having considered the matter of change order for Project No.
4875, storm sewer on Columbia Road from 40th to 47th Avenues South, Change Order No. 2, and recommended to approve Change Order No. 2 to United Crane and Excavation in the amount of $6,499.80 for project No. 4875.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4554.466

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4554.466, priority Sewer Repairs, Change Order No. 7 (CDBG), and recommended to approve Change Order No. 7 to Robert Gibb & sons in the amount of $163,329.02 of CDBG funding for Project No. 4654.466.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR EQUIPMENT

Committee No. 3, Public Service, reported having considered the bids for equipment for the street department, street sweeper, and recommended to approve and award the bid of Sanitation Products based on meeting specifications in the amount of $91,497.00 for a street sweeper.

Committee No. 3, Public Service, reported having considered the bids for equipment for the street department, snowplow, and recommended to approve and award the bid of Sanitation Products in the amount of $10,510.00 for a multi-section plow.

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 Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.


APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS 4809, 4810 AND 4811

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Greater Forks Engineering Group, for siting of sewage lift stations #1, #4 and #5 (Projects Nos. 4809, 4810 and 4811), and recommended to approve the amendment to the engineering services agreement, Greater Forks Engineering Group, in the amount of $4,830 for a not to exceed total of $9,909 for the siting of sewage lift stations #1, #4 and #5, Projects Nos. 4809, 4810 and 4811.

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 4817, 4818 AND 5116

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Greater Forks Engineering Group, for interior drainage in the English Coulee, English Coulee Diversion and the Red River, Projects Nos. 4817, 4818 and 5116, and recommended to approve Amendment No. 2 to the engineering services agreement with Greater Forks Engineering Group for Projects Nos. 4818, 5116 and 4817 (estimated cost $5,945.10 for each project, total of $17,835.30).

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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders for Corporate Center and parking ramp, and recommended approval of the following change orders: a) deductive change order to McFarlane Sheet Metal in the amount of $5,335; b) Hanson Electric in the amount of $5,668; c) McFarlane Sheet Metal in the amount of $5,8910; d) Construction Engineers in the amount of $627; e) deductive change order to Concrete, Inc. in the amount of $1,358; f) Construction Engineers in the amount of $10,685; and g) reconciliations to Northland Ltd. in the amount of $432 and deductive change order to Lee Davis Electric in the amount of $1,046.

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

APPROVE RESIDENTIAL DEMOLITION CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of residential demolition change orders, and recommended to approve the change order of Residential Demolition Bid Package #13 to Tony Anderson Construction in the amount of $11,600, excluding the garage at 623 4th Avenue South until a city-wide policy has been accepted and approved; motion includes the contract completion date being extended to April 30, 2000.

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

APPROVE SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change order, and recommended approval to Opp Construction, Inc. in the amount of $57,217.80.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval of deductive to Terry T. Rogers Construction in the amount of $5,179.95.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Opp Construction, Inc. in the amount of $73,639.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Cameo Homes, Inc. in the amount of $12,304.56.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Gowan Construction, Inc. in the amount of $26,416.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Gowan Construction, Inc. in the amount of $21,500.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to deductive to Gowan Construction, Inc. in the amount of $1,170.00.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Gowan Construction in the amount of $15,005.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Terry T. Rogers Construction in the amount of $750.75.

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

APPROVE DOWNTOWN STREETSCAPE CHANGE ORDER

Committee No. 4, Urban Development, reported having considered the matter of Downtown Streetscape Change Order No. 1, and recommended approval of Change Order No. 1 to Nodak Contracting in the amount of $46,008.50.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

CONSIDER MATTER OF RENAISSANCE ZONE

Committee No. 4, Urban Development, reported having considered the matter of renaissance zone, and recommended that the City of Grand Forks establish a renaissance zone somewhere in the city and direct the Planning Office to assist with the drawing of 20 contiguous blocks of different zones in town if approached by interested parties.

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

AUTHORIZE ENTERING INTO FINAL WET SIDE
MEMORANDUM OF AGREEMENT

Committee No. 4, Urban Development, reported having considered the matter of final wet side
memorandum of agreement, and recommended to authorize proper City officials to enter into a Memorandum of Agreement for Wet Side Historic Mitigation.

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

GRANT EXTENSION TO CONTRACT OBLIGATION
DATE FOR SOUTH 3RD STREET DEVELOPMENT

Committee No. 4, Urban Development, reported having considered the matter of request for extension to contract obligation date for South 3rd Street, and recommended to grant Schoen and Associates an extension to February 22, 2000.

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

APPROVE FUNDING FOR HISTORIC RELOCATION
CONTRACT

Committee No. 4, Urban Development, reported having considered the matter of historic relocation contract, and recommended to approve $282,059.00 in CDBG funding to Tony Anderson Construction to perform work at 1111 and 1113 Lanark, 811 Almonte and 411 Pakenham.

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

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers relating to DDC projects, and recommended to approve the budget transfers for DDC projects totaling $1,037,504.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS A, B,
AND 10, BLOCK 5, SWANGLELR’S SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Ken Daws and Jerry Dvorak for final approval of a Replat of Lots A, B and 10, Block 5, Swangler’s Subdivision to the city of Grand Forks, North Dakota (located at 2508 and 2516 8th Avenue North), and recommended approval subject to special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF A PORTION
OF UTILITY AND ROADWAY EASEMENT IN LOTS
2 AND 7, BLOCK 1, KANNOWSKI’S FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Red River Foundation and the Grand Forks Park District for approval of a petition to vacate a portion of a utility and roadway easement located on Lots 2 and 7, Block 1, Kannowski’s First Addition, beginning at the northeast corner of said Lot 7, then southeasterly along the easterly line of said Lot 7 having a platted bearing of south 20 degrees 58 minutes 07 seconds east a distance of 53.58 feet to a point being 50.00 feet southerly of and parallel with the north line of said Lot 7, thence north 89 degrees 53 minutes 30 seconds west along said parallel line a distance of 160.75 feet; thence north 20 degrees 58 minutes 07 seconds west parallel with the easterly line of said Lot 7 a distance of 31.67 feet; thence northwesterly a distance of 132.35 feet along a tangential curve concave to a southwest having a radius of 110.00 feet and a central angle 68 degrees 56 minutes 16 seconds and the chord of said curve bears north 55 degrees 26 minutes 10 seconds west to a line being 50.00 feet north of and parallel with the north line of said Lot 7; thence south 89 degrees 53 minutes 30 seconds east along said parallel line a distance of 236.27 feet; thence south 20 degrees 58 minutes 07 seconds east a distance of 53.58 feet to the point of beginning and the southerly 10 feet of a 50-foot wide roadway and utility easement on the northerly 50 feet of said Lot 7; and recommended approval of the vacation request and to set the date of the public hearing for March 7, 2000.

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

ACCEPT PETITION TO VACATE A 10-FOOT WIDE
ELECTRIC AND GAS EASEMENT ON LOT 2, BLOCK 2,
RENEWAL RESUBDIVISION NO. 5

The Planning and Zoning Commission reported having considered the matter of the request from David Graf on behalf of the Grand Forks Lodging Limited Partnership for approval of a petition to vacate a 10-foot wide electric and gas easement (located on Lot 2, Block 2, Renewal Resubdivision No. 5), and recommended approval of the vacation request and to set the date of the public hearing for March 7, 2000.

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

APPROVE AMENDMENT NO. 3 TO THE AGREEMENT
FOR GREENWAY PLANNING SERVICES

The Flood Protection Committee reported having considered the matter of Amendment No. 3 to the agreement for Greenway Planning Services, Project No. 4947, and recommended to approve Amendment No. 3 to the agreement for Greenway Planning Services consisting of Tasks 19 and 20 in the amount of $6,000 plus related reimbursable costs to those two tasks.

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

Council Member Brooks stated that this was something that could be done locally; Council Member Carpenter stated that this was looked at closely by the committee and did adopt continuing only with the guidance thought necessary to finalize some of the things that are in progress right now.

Upon roll call the following voted “aye”: Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: Council Members Brooks, Polovitz - 2. Mayor Owens declared the motion carried.

APPROVE RENEWAL OF THREE CONTRACTS TO
THE END OF THE CDBG PROGRAM, FEBRUARY 25, 2001

The Flood Protection Committee reported having considered the matter of contract renewals for February - June, and recommended to approve renewal of the three contracts to the end of the CDBG program, February 25, 2001 (Miles Clow, GIS/Database Adm., IS Department; Carolyn Kryzsko, Executive Adm.Asst. Finance Department; and Katrina McNamee, Network Adm/Webmst, IS Department).

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

APPROVE EXTENSION OF RFP FOR HOTEL
DEVELOPMENT ON THE AURORA SITE

The Events Center Core Committee reported having considered the matter of extension of RFP for a hotel development on The Aurora site, and recommended that we extend the deadline for proposals until February 14.

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

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Glassheim presented the matter of looking at requests that we might make of TCI re. additional use of public airwaves, which was referred to the Finance Committee for consideration.
2) Council Member Glassheim presented the matter of reviewing items on committee agendas for elimination of items or referral to staff, which was referred to all standing committees.
3) Council Member Hamerlik presented the matter of condition along airport road east of Swangler’s
area, and was referred to Inspections. Council Member Beyer reported that Inspections has sent a letter to that property owner and they are expecting letter back from that developer as to what his plans are for that site.
4) Council Member Hamerlik presented the matter of communication from Mr. Dusterhoft re. enforcement of smoking regulations and penalization, which was referred to the Public Safety Committee for consideration.
5) Council Member Hamerlik presented the matter of communication from Mr. Halverson re. renaissance zone, which was referred to the Urban Development Committee.
6) Council Member Babinchak questioned when the Special Assessment Commission going to be dealing with the dike assessment or what is procedure. The city auditor stated they are trying to finalize some of the numbers for them on various alternatives, and will have for Commission by next week and that by the middle of February they will hold their first public forum. He stated that as they look at it on a sq. footage basis and based on the current project cost, have used an average of a 10,000 sq.ft. lot and cost will be approx. $1,600-1,700 spread over 20 years; that is based on a front footage and will vary and change.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
____________________________________
Patricia A. Owens, Mayor