City of Grand Forks, North Dakota

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16895
March 6, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 6, 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 Monday, March 6, 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; 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.

ACCEPT GRANT FROM STATE FARM INSURANCE
COMPANIES FOR INTERSECTION STUDY

Jeff Meert and Donna Remer, representatives of State Farm Insurance Companies, stated they were here as part of State Farm’s long standing commitment to public safety, and presented a grant to Mayor Owens in the amount of $19,980.00 for a professional engineering study of the DeMers Avenue and South Washington Street intersection, stating that this intersection is one intersection with the highest incidence of crashes in North Dakota, and that they are funding the study as part of a national program to focus attention on intersection study, the study will be complete by the end of 2000. Mayor Owens thanked Mr. Meert and Ms. Remer for the grant.

FLOOD REPORT

Charles Grotte, Public Works, reviewed the highlights of the March 6, 2000 flood update; that the Corps of Engineers is continuing to work on their alignment design memorandum and hope to have that done in June of this year; the final alignment recommendations were made at the last Flood Protection Committee meeting and are on the agenda tonight. He stated that the Corps of Engineers will be advertising the Riverside Dam work here on March 8 with a bid opening scheduled for April 10; that the North Dakota State Water Commission is getting ready to sell bonds as agreed by the State during their last legislative session to pay for 45% of our share of the project cost, up to $52 million, and as part of that the State intends to sell about $22 million worth of bonds on March 22; that the City’s Special Assessment Commission has set a public hearing for Tuesday, March 21, at 7:00 p.m. in the civic auditorium to discuss the special assessment process for the dike; that under Acquisitions, Property Disposition Policy Group has started meeting to go over process to start disposing of homes that weren’t needed, etc. and that will be an on-going process; and attached to that there was a Greenway update and the items of interest there are that the Grand Forks Flood Protection subcommittee has been and continues to meet with both the Park District and the City of East Grand Forks on relations within the greenway, the Red River Renaissance and our relationship with the Park District. The question was raised as to where the money would go when houses are repurchased from the City. Mr. Grotte reported that those 9 homes were purchased with CDBG money so it goes back into Program income of the CDBG Program.

APPROVE MINUTES

Typewritten copies of the minutes of the regular meeting held on December 20, 1999, were presented and read. It was moved by Council Member Hafner and seconded by Council Member Lunak that these minutes be approved as read. Carried 14 votes affirmative.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3841, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF USELDINGER’S 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 Useldinger’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on February 7, 2000, 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 none.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Branden Bartholomew on behalf of Guy Useldinger for final approval of a plat of Useldinger’s First Addition to Grand Forks, North Dakota, being part of the Southeast Quarter of the Southeast Quarter of Section 31, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the 4400 block of 76th Avenue South based on city addressing or located in the 12th block or mile of 12th Avenue Northeast (also referred to as Merrifield Road or County Highway 6) based on County or 911 addressing, 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 Member Polovitz and Council Member 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3842, AMENDING THE STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AND DEDICATED ON
THE PLAT OF AUDITOR’S SUBIVISION NO. 31

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 No. 31 to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on February 7, 2000, 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 Johnson Farms for final approval of a plat of Auditor’s Subdivision No. 31 to the city of Grand Forks, North Dakota being a portion of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 12, Township 151 North, Range 51 West of the 5th Principal Meridian (located east of South 58th Street between DeMers Avenue and 11th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending he Street and Highway Map. The recommendation had been moved and seconded by Council Member Polovitz and Council Member 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3843, RELATING TO LAND
DEVELOPMENT CODE, AMENDING ARTICLE II AND
ARTICLE III

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II and Article III”, which had been introduced and passed on its first reading on February 7, 2000, 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 Grand Forks Planning Department for final approval of an ordinance to amend the Land Development Code, Rules and Definitions Section 18-0204(2), Signs, Section 18-0301(9); Appendix F; to permit business landmark signs, and recommended final approval and passage of the ordinance amending the text of the Land Development Code. The recommendation had been moved and seconded by Council Member Polovitz and Council Member Hafner.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3844, RELATING TO BOARD
OF HEALTH COMPOSITON AND POWERS

An ordinance entitled “An ordinance amending Section 13-0106 of the Grand Forks City Code relating to the Board of Health composition and powers”, which had been introduced and passed on its first reading on February 22, 2000, was presented and read for consideration on second reading and final passage.

Mr. Swanson, city attorney, reported there is a draft of the ordinance which has two minor changes, that in the first line the word “aldermen” should be changed to “council members” and in the fourth line the word “citizens” should be changed to “residents of the city”. It was moved by Council Members Hafner and Bakken that the ordinance be amended as noted. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance, as amended, and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

HOLD PUBLIC HEARING ON TRANSPORTATION
IMPROVEMENT PROGRAM FOR TRANSIT OPERATING
AND CAPITAL ASSISTANCE UNDER URBAN MASS
TRANSPORTATION ACT

The city auditor reported that the notice of public hearing on the matter of consideration of the Transit Operating and Capital Assistance under 49 USC 5307 (formerly Section 9 of the Urban Mass Transportation Act (UMTA) of 1964, as amended, and Program of Projects for the period from January 1, 2000 to December 31, 2000, had been published as required, and that no comments had been filed.

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

CONTINUE PUBIC HEARING ON PETITION TO
VACATE A 10-FOOT WIDE ELETRIC AND GAS EASE- MENT ON LOT 2, BLOCK 2, RENEWAL RESUB NO. 5
TO MARCH 20, 2000

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a 10-foot wide electric and gas easement located on Lot 2, Block 2, Renewal Resubdivision No. 5, the required legal notice had been published calling for a public hearing to be held on March 7, and further that 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 from the public

The city auditor reported that the date for the public hearing had been set for the 7th day of March and would need a motion to continue this matter.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik to continue the public hearing on this matter to March 20, 2000. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING ON PETITION TO
VACATE A PORTION OF THE UTILITY AND ROADWAY
EASEMENT IN LOTS 2 AND 7, BLOCK 1, KANNOWSKI’S
FIRST ADDITION TO MARCH 20, 2000

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of the utility and roadway easement located on Lot 2 and Lot 7, Block 2, Kannowski’s First Addition, the required legal notice had been published calling for a public hearing to be held on March 7, and further that 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 from the public
The city auditor reported that the date for the public hearing had been set for the 7th day of March and would need a motion to continue this matter.

It was moved by Council Member Babinchak and seconded by Council Member Martinson to continue the public hearing on this matter to March 20, 2000. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-03, dated March 6, 2000, and totaling $2,198,293.32, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the ills ordered paid.

SUSPEND AGENDA AND CONSIDER MATTER OF
CORPS OF ENGINEERS ALIGNMENT

It was moved by Council Member Hafner and seconded by Council Member Martinson to suspend the council agenda and consider the matter of Corps of Engineers alignment. Carried 14 votes affirmative.

The Flood Protection Committee reported having considered the matter of the Corps of Engineers alignment, and recommended that the city council adopt the modified GRR alignment as presented in the January 26, 2000 Corps of Engineers maps except in the Wintergarden area where we recommend placing a floodwall that is four feet higher than current design, and in the Northridge Hills area and 4722 River Oaks Circle where we recommend placing a stabilized levee behind the homes and that the City give a high priority to relocating homes which cannot be saved to suitable sites nearby.

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

Charles Grotte, Public Works, reported they sent out a package to everyone dated March 3 which included a cost estimate that compares both the floodwall and a stabilized levee at locations which the Corps of Engineers had in their GRR report, the floodwall options shown did not include the cost of raising floodwalls four feet behind the Wintergarden homes.

He also stated that where changes made and that he talked with Lisa Hedin, Corps of Engineers, on how they work with these changes, and it’s not an accumulative savings, can’t take the savings from one spot and transfer it to off-set a cost in another area. He stated that a floodwall 4 ft. higher on the Wintergardens came to $348,000 and with the level of estimating it comes out a wash; however, even there the $348,000 is a betterment because the Corps will only participate in a floodwall to the normal height at that location even though we show a savings. It’s not to say you can’t do that work, the Corps would still be willing to do the work but it would cost the City the full $800,000+. He stated that the State has agreed to pay 45% of our costs on the project as identified earlier. Council Member Brooks stated that if the City wants to do a betterment we have City funds that we could do that with as part of the contingency. Council Member Beyer stated that’s a Corps approved project and we cannot do a betterment out of the contingency on the Corps approved project, it’s a betterment in addition and can’t come out of the contingency. Mr. Grotte stated that the Corps controls what we get credit for (lands, easements, rights of way, relocation, etc.) and if we want to do something that isn’t consistent with standard Corps procedures such as a taller floodwall, etc. and that costs more, the City essentially pays for
that and most likely at 100%. It was noted that a betterment would be a special assessment to the taxpayers of the city because that is our portion of the project.

Council Member Bakken stated that they are supposed to be doing what’s in the best interest of the city long term and shortly after the flood they agreed that the best interests of the city long term were to move as many people as they could as far away from the river and harm’s way as they could, and now we are trying to keep people as close to the river as possible, that in the future we won’t have funds to move people away, and that it seems we’ve moved away from that policy. Council Member Brooks stated he is talking about saving part of the housing stock of the city and trying to maintain one of our neighborhoods that has a real historic value to the city, that we lost two of the other ones.

Council Member Brooks moved an amendment to the GRR alignment to include an exception for the Lewis Boulevard Change #5. Council Member Lunak seconded the motion.

It was moved by Council Member Brooks and seconded by Council Member Babinchak to divide the question, to take Lewis Boulevard amendment out of the original question.

Council Member Babinchak withdrew her second to the motion; and Council Member Lunak seconded the amendment.

Council Member Martinson asked if they could look at Lewis Boulevard as they did in the Northridge area, and a chance of saving some homes there. Mr. Grotte stated they’ve already done that and it’s in the latest package, looking at the floodwall it was $l.5 million to save homes and garages and with the new alignment it’s like $880,000 with the levee.

Council Member Beyer stated that when the City commissioned the Shannon & Wilson report, they were here in July to show us some of the options and changes that they found in the soil stability, and also cautioned the City strongly that the soils in the Lewis Boulevard area were very weak, not comparable to what they found on Northridge Hills, the techniques they are talking about for soil stabilization are deep soil mixing, expensive, when you break it down per home, the additional cost of the assessments across the city and would encourage the council to defeat this amendment.
Council Member Hafner stated that through the latest round of studies and changes they’ve saved 50 homes, and now only looking at 45 more homes that need to go as a result of the dike, some people will have the opportunity to buy their houses back, that we have to think in the best interest for the city as a whole and how much this will cost as well as the safety issues. Council Member Bouley stated that of those homes, some of them want to go, and that by relocating some of these houses they would be helping the neighborhood by moving houses in to fill some of the lots that are empty.

Upon call for the question on the amendment (Lewis Blvd. Change #5 - levee) and upon roll call vote, the following voted “aye”: Council Members Lunak, Martinson, Brooks, Lucke - 4; voting “nay”: Council Members Klave, Beyer, Babinchak, Bakken, Hafner, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter - 10. Mayor Owens declared the amendment defeated.

Upon call for the question on the original motion and upon roll call vote, the following voted “aye”: Council Members Klave, Beyer, Babinchak, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter - 12; voting “nay”: Council Member Bakken, Lunak - 2. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR THREE-YEAR EXEMPTION
ON PROPERTY AT 2303 COTTONWOOD STREET

Committee No. 1, Finance, reported having considered the application for exemption of improvements to commercial/residential buildings at 2303 Cottonwood Street, and recommended approval of a three-year exemption in the amount of $20,000 for 2303 Cottonwood Street.

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

INTRODUCE ORDINANCE RELATING TO SALARY
CHANGES

Committee No. 1, Finance, reported having considered the matter of amendment to Section6-0407(4) Civil Service Code, relating to anniversary dates as result of reclassification, and recommended approval of the amendment to Section 6-0407(4) or 6-0306(4) Civil Service Code re. anniversary dates as result of reclassification as well as introduction for first reading.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 6-0306 of the Grand Forks City Code relating to salary changes”, which was presented, read and passed on its first reading.

APPROVE AMENDMENT TO MARKET ANALYSIS
CONTRACT

Committee No. 1, Finance, reported having considered the matter of amendment to the market analysis contract, and recommended approval of a contract amendment with Fox Lawson in the amount of an additional $2,000.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO BUDGET FOR ADMINISTRATIVE
COORDINATOR RECRUITMENT

Committee No. 1, Finance, reported having considered the matter of budget approval for the administrative coordinator recruitment, and recommended approval of a budget for the administrative coordinator recruitment not to exceed $13,000.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

COUNCIL MEMBER LUNAK EXCUSED

ADOPT RESOLUTION APPROVING SRF LOAN FOR
WATER PROJECTS

Committee No. 1, Finance, reported having considered the matter of the SRF (State Revolving Fund) loan for water projects, and recommended to approve the resolution setting and authorizing the issuance of $13,200,000 Water Utility Revenue Bonds, Series 2000A, to finance the undertaking of an expansion and improvement of the municipal water utility.

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

Council Member Carpenter introduced the following resolution which was presented and read: Document No. 7931 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this resolution be and is hereby adopted. 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 SPECIFICATIONS FOR TOWING VEHICLE
FOR FIRE DEPARTMENT AND BUDGET AMENDMENT

Committee No. 2, Public Safety, reported having considered the matter of specifications for ¾ ton towing vehicle for fire department, and recommended approval of the specifications for a ¾ ton pickup in the amount of $22,569.00 and approval of a budget amendment using cash carryover.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT WITH CSCC REGION IV
ABSTINENCE EDUCTION GRANT

Committee No. 2, Public Safety. reported having considered the matter of Health Department CSCC Region IV Abstinence Education Grant, and recommended to approve the agreement with CSCC for the Region IV Abstinence Education Grant subject to review by the city attorney.

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

APPROVE BUDGET AMENDMENTS

A request from the Community Initiative Program (HL15) for transfer of 1999 carryover monies in the amount of $14,030, was presented and read.

A request from the Police Department for transfer of $4,040.00 to reflect grant funds for confidential
narcotics buys received in 1999 and not expended, donations received from NTF Asset Forfeiture Fund to cover SET vest expenses and additional buy fund money and donations, was presented and read.

It was moved by Council Member Bouley and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 12 votes affirmative; Council Member Brooks voting against the motions.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 5023, 5086, 5136 AND
5145, SOLID WASTE BALING FACILITY

Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendment, Solid Waste Baling Facility Construction Services, Authorization No. 4, Projects nos. 5023, 5086, 5136 and 5145, Burns & McDonnell, and recommended to approve the amendment in an amount not to exceed $222,725.00.

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 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 No. 2, Baling Facility Structure, Schedule B Mechanical, Project No. 5086, Lunseth Plumbing and Heating, and recommended to approve the change order in the amount of $5,927.00.

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 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 HISTORIC HOME
RELOCATION, 1 LINCOLN DRIVE

Committee No. 3, Public Service, reported having considered the matter of change order for Historic Home Relocation, 1 Lincoln Drive, Tony Anderson Construction, and recommended to approve change order in the amount of $5,725.00.

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 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. 4822,
PUBLIC WORKS FACILITY RENOVATION

Committee No. 3, Public Service, reported having considered the matter of change order for Public works Facility Renovation, Project No. 4822, Bergstrom Electric, Inc., and recommended to approve the change order in the amount of $4,710.00.

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

APPROVE BIDS FOR FLEET VEHICLES

Committee No. 3, Public Service, reported having considered the matter of bids for fleet vehicles, and recommended acceptance of the following bids: 1) Sanitation Department - two-wheel drive ½ ton pickup with trade-in for $14,145.00 to Hansen Ford; 2) 2-wheel drive ½ ton pickup without trade-in, Rydell Chevrolet at $15,086.00; 3) 4-wheel drive ¾ ton pickup (with snowplow package) with trade-in for Street Department, Rydell Chevrolet at $20,816.00; 4) 4-wheel drive ¾ ton pickup for Wastewater, excluding snow-plow package, Rydell Chevrolet, $19,499.00; and Fire Department ¾ ton pickup 4-wheel drive with the snowplow package, Rydell Chevrolet at $21,916.00; and 5) 4-wheel drive utility vehicle, Hansen Ford, at $28,832.00.

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

Committee No. 3, Public Service, reported having considered the matter of bids for tractor (with trade-in for Stormwater/Wastewater Departments), and recommended to accept the bid of Reiten & Young International, Inc. in the amount of $31,950.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council 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 BID FOR MOWER

Committee No. 3, Public Service, reported having considered the matter of bids for mower, and recommended to accept the bid for Flail mower to be attached to tractor, RDO Equipment, with trade-in, in the amount of $3,700.00.

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

ACCEPT BID OR OFFICE FURNITURE

Committee No. 3, Public Service, reported having considered the matter of bids for system office furniture (for two conference rooms and 7 offices and office chairs), and recommended to accept the bid of Norby’s Works Perks in the amount of $31,608.00.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 4849, Pump Station No. 40, Project No. 4853, Forcemain to Pump Station No. 40, and project No. 4927, sanitary sewer to Pump Station No. 40 (CDBG), a) Pump Station easement; b) roadway and utility easement along 55th Avenue South; and c) temporary construction easement along 55th Avenue South, and recommended to approve the easements at a cost of $9,900.00 with funding from Contingency Fund for Downtown Watermain Replacement Phase I, 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 EASEMENT FOR PROJECT NO. 5029

Committee No. 3, Public Service, reported having considered the matter of utility easement and 3-way agreement pertaining to sanitary sewer connection fee (collection and dispersal), sanitary sewer, private construction and funding, on Aspen Circle and its northerly extension between 36th and 40th Avenue South, for and in consideration of the sum of $1.00, D.T. Parker Profit Sharing Plan and Trust, Catholic Diocese of Fargo, ND, and recommended to approve contingent upon receipt of any other approvals or easements and that it meets the City of Grand Forks’ requirements for a public sanitary sewer.

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 PROJECT CONCEPT REPORT FOR PROJECT
NO. 5089

Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for Project No. 5089, paving North Washington Street from 8th Avenue to Gateway Drive, and recommended to approve the Project Concept Report.

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 AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 5142, REPAIR LAGOON OUTFALLS

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services, design agreement with Webster, Foster & Weston for Project No. 5142, Repair Lagoon Outfalls, and recommended to approve the agreement through the bidding phase in an amount not to exceed $24,218.00.

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 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 FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 5139, 5140 AND 5141

Committee No. 3, Public Service, reported having considered the matter of design agreement with Webster, Foster & Weston for Project No. 5139, 5140 and 5141, Rehabilitate Pump Station No. 26, No. 24 and No. 12, and recommended to approve the agreement in an amount not to exceed $81,900.00.

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 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 CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5150, DISTRICT NO. 431

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5150, District No. 431, storm sewer on South 38th Street from 36th Avenue South to the Southend Drainway, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7932 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution 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 and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 5150, DISTRICT NO. 431

The city auditor presented and read the engineer’s report on Sewer Project No. 5150, District No. 431: Document No. 7933 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5150, DISTRICT
NO. 431

Council Member Klave introduced the following resolution to prepare plans and specifications, which
was presented and read: Document No. 7934 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5119, DISTRICT NO. 577

The city engineer’s estimate of total cost of the construction of alley paving in 1100 block between Almonte Avenue and Reeves Drive, in the amount of $41,852.47, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5119, District No. 577, alley paving in 1100 block between Almonte and Reeves, and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7935 - Resolution.

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

APPROVE PLANS AND SPECIFICATONS AND AUTHORIZE
CALL FOR BIDS FOR PROJECT NO. 5059, ASPHALT OVERLAY
OF SENIOR CITIZENS PARKING LOT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5059, Overlay Senior Center Parking Lot, and recommended to approve the plans and specifications.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4714,
PAVING DISTRICT NO. 562

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4714, District No. 562, paving North 55th Street from DeMers to Gateway, Change Order #1, Opp Construction, contractor, and recommended to approve the change order in the amount of $3,202.00.

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 SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to transfer $13,600 from Terry T. Rogers Construction to Kim Holmes as a separate grant agreement to install three windows and patio doors at 22 South 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended to approve a change order to Cameo Homes, Bid Package #14, for the Hoffman building storefront, in the amount of $48,079.63.

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

DECLARE CERTAIN PROPERTIES AS SURPLUS

Committee No. 4, Urban Development, reported having considered the matter of surplus property, and recommended to declare the following properties surplus: 1648 Riverside Drive, 1614 Lewis Blvd., 7, 212 and 217 Euclid Avenue, 5 Lincoln Drive, 1816 and 1822 North 4th Street, 57 4th Avenue South, 1432 Belmont Road, 105 and 121 Park Avenue and 617 Plum Avenue.

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

AUTHORIZE CALL FOR BIDS FOR HISTORIC REHAB

Committee No. 4, Urban Development, reported having considered the matter of bids for historic rehab, and recommended to call for bids to rehab 1424 University Avenue, 21 Seward Avenue and 705 Walnut Street.

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

APPROVE TRANSFER OF PROPERTY WITH PARK
DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of property transfer, and recommended to authorize proper City officials to enter into negotiations with the Park District for the exchange of Lots 1 and 2, Block 8, Congressional 2nd Subdivision with other Park District property.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council 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 BID FOR COPIER

Committee No. 4, Urban Development, reported having considered the matter of award of copier bid, and recommended approval to award bid to GR Graphics in the amount o $11,908.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council 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 2000 BEAUTIFICATION PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of 2000 Beautification Program, and recommended approval of the following projects: UND N. 42nd shrub bed planting, 0; UND University Avenue and 52nd Street shrub bed planting, $3,000; UND median bricking, $10,000; GF Historic Preservation Alexander Griggs statue, $34,000; GF Horticulture Society Relocation of Columbia Road Prairie, $5,000; GGF CVB welcome signs, $1,000 for planning; GF Regional Airport Authority entrance enhancement, $1,000 for planning; Greenway Outdoor Aerobic Lifetime Sports Trail development, $4,000; CBD banners, 0; Youth Training Program Disaster Memorial Monument/CDBG Entitlement, Youth Training Program Adopt An Area Program, CBG Entitlement, Youth Training Program Adopt A Street Program, CDBG Entitlement, Youth Training Program Public Works Building, CDBG Entitlement, GF Street Dept. 7th Avenue South tree screen, $5,000; CDBG Entitlement plus $2,000 in beautification funds, Youth Training Program Prairie Rose Games, $5,000; CVB landscape renovation, $3,000; Youth Training Program Plantings at SE corner of Gateway and 42nd Street, $4,000; and Senior citizens Building renovation, CDBG Entitlement for a total of $72,000 in Beautification funding plus $5,000 in contingencies.

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

RECEIVE AND FILE PROPOSAL FROM THE RED
RIVER FOUNDATION FOR FUNDING

Committee No. 4, Urban Development, reported having considered the matter of proposal from The Red River Foundation for funding, and recommended to receive and file.

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

COUNCIL MEMBER LUNAKK REPORTED BACK

REFER MATTER OF DRY SIDE CITY-OWNED HOUSES
BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of dry side City-owned homes, and recommended to instruct the city attorney’s office to send a letter to nine former property owners at 108, 112 and 115 Grassy Hills Lane, 4 Inland Hills Court, 4614 and 4624 Loamy Hills Drive, 76 Sloping Hills Drive, and 105 and 109 Reeves Court, asking them to respond within 30 days if they are interested in purchasing their property back at the acquisition price.

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

It was moved by Council Member Babinchak and seconded by Council Member Glassheim to amend the
motion to change response time from 30 days to 60 days.

It was then moved by Council Member Martinson and seconded by Council Member Hafner to amend the motion to change the response time from 30 days to 90 days.
Council Member Beyer stated that no part of the parcel will be needed for actual construction, that there will be more coming, but might need a portion of the land for dike construction and hold those for now.

Council Member Martinson asked what the time frame was on first right of refusal. Mr. Swanson, city attorney, reported it is not a first right of refusal but is an option to repurchase the property at the original sales price, and it would be up to the council’s discretion as to what time line you want to use, and that he would anticipate it would take his office 10 days or so to get the notices out and to accurately provide those homeowners with information. He stated that if someone couldn’t comply with the time line set by council that they would be able to ask for an extension.

Council Member Beyer stated that the rationale behind the response time is that when the City has to do property acquisitions for the dike line, they need to find those property owners comparables, these homes could be used as comparables and that’s why they would like an answer from these property owners if they are interested and if they need an extension to decision, committee could hear that.

Kevin Lemke, 76 Sloping Hills Cove, stated he sent a letter to the council members and that he is trying to interpret what is going on with the amendment and motion, and asked if the offer will come in at the value that the house was purchased from the owner and if so, and the owner should refuse that, would they still have a right of first refusal when that house went out into any other type of disposition. Mr. Swanson stated that unless the council additionally granted that right of first refusal that was not present in the Phase IV acquisitions, they could; that the property owner would have the ability to participate in any auction or public sale of the property, but he understands that the ones that are identified now are only being offered back to the former owner at the purchase price and if it’s not acceptable by the former owner they will still be retained in the City’s inventory pending further decisions. He stated that there is no opportunity for another person to acquire that property until such time as its declared surplus and put out for some form of public sale. He stated that the Code does provide certain ability to do trades or conveyances to non-profits and others, so there are some exceptions in the Code when they do not have to be declared surplus and they would not have to be put out for public sale; and summarized the exceptions that do exist.

Mr. Lemke stated he would appreciate the extension of an extra period of time to make this decision, that it is his belief that they do have the right of first refusal because they were told that at the time they were bought out and that he was given a document that indicated that there was a right of first refusal, but didn’t know if that document was specific to this plan or not but at the time his property was purchased that was given to him by a city employee. He stated that’s probably not going to need to be taken into consideration if they would look at having appraisals done on these homes and being offered back to the owners at appraised value. He stated the primary reason for that is they were told under the terms of the agreement that if they had the opportunity to repurchase the home, it would be at market value, and he agreed to those terms, and there was a possibility it could be higher or lower. He stated that if the market place changes, as it has since the appraisal is three years old, and would like the City to consider staying with the terms of the original agreement, offering it back to them at the appraised value. He stated that the cost of that appraisal is very small and the market place takes into account the fact that if interest rates are rising as they are now, perhaps the value of that home has changed; that he would need to go back into the market place at a higher interest rate than at the time that he sold the home; and that he would like the council to consider that.

Council Member Beyer stated that if the property is not declared surplus but used as a comparable and somebody chooses his home, Phase IV was voluntary, and this is his chance to purchase it back now, and if it does become surplus property and goes up for bid, he would be able to bid on it as anyone else would.

Council Member Lucke stated that as there is federal money involved in the purchase of these house and under those guidelines there would have to be appraisals to be sure getting that fair price, and asked if we have to get those appraisals. Mr. Swanson reported that the requirements as to the sale of real property would be governed by local law which would not require an appraisal but rather require public sale or public bid, and that also has been the manner in which they’ve disposed of salvaged homes and other property acquired under CDBG. He stated that the request is a reasonable request , and falls within the realms of your discretion; the concern with a public bid is that you never can anticipate or forecast the level of a public bid. He stated it’s within the council’s discretion, and that he would look at Mr. Lemke’s file, but to enter into a private sale would have to be under the terms of whatever program existed when the property was purchased, that you could not create a new program in which you would enter into private sales with other individuals unless it met the confines of your local ordinance. He stated that even though we were using federal money and/or CDBG money we’re not liable for those guidelines for disposition of property, as long as there’s public sale involved, the property is to be disposed of according to state and local law.

Council Member Beyer stated that they wanted to offer these 9 properties back to the original owner as a courtesy at the price that the City purchased them, to cancel the sale, otherwise this process doesn’t need to be done, we can hold them in inventory until we find out if we need them for comparables. She stated that Phase IV was voluntary, that the City purchased those homes at pre-flood value, and in some cases talking about a sizeable sum of money that the City lost on the sale. She stated that she realizes that interest rates have gone up but they’ve also had the use of the money that period of time; and stated that when properties put up for sale that they would have a minimum bid because dealing with established neighborhoods.

After further discussion Council Members Polovitz and Glassheim asked that this matter go back to committee for further consideration.

APPROVE CHANGE ORDER FOR CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the change order for the Corporate Center, and recommended approval of the $15,000 betterment for the Corporate Center project contingent upon the city attorney obtaining signatures on the agreement.

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

After some discussion during which Mr. O’Leary reported that the City is putting $15,000 into this and there are monies in contingencies to do this, and total cost is being split between the supplier of the project and the architectural firm and they will each be putting in $55,000, and will be getting an improvement that’s well over $100,000; and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Luke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE FINAL PLAT OF TOWN OF GRAND FORKS
FIRST RESUBDIVISION ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Oriental Avenue LLP and the Grand Forks County and City of Grand Forks, North Dakota, for final approval (fast track) of the plat of Town of Grand Forks First Resubdivision Addition to the city of Grand Forks, North Dakota (located at the Opera House on South 3rd Street), and recommended final approval subject to the special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX ALL OF COLUMBIA
PARK 27TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Art Greenberg, Jr. for approval of the annexation of Columbia park 27th Addition, and recommended approval of the annexation as shown on the map, to introduce the annexation ordinance and to set the public hearing for April 3, 2000.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, all of Columbia park 27th Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY APPROVAL OF THE REPLAT
OF LOT 2, BLOCK 1, CONGRESSIONAL FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Grand Forks Urban development for preliminary approval of the Replat of Lot 2, Block 1, Congressional First Addition to the city of Grand Forks, North Dakota (located at 5300 block of 6th Avenue North, Grand Forks, North Dakota), and recommended preliminary approval subject to special conditions shown on or attached to the review copy and to set the public hearing for April 17, 2000.

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

Council Member Klave asked to be excused from voting on this matter, and it was so moved by Council Member Babinchak and Council Member Hamerlik. Carried 13 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Klave abstaining.

INTRODUCE ORDINANCE TO AMEND THE ZONING
MAP TO INCLUDE WITHIN JOHNSON’S PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, ALL OF KUSTER’S
2ND AND 3RD ADDITIONS, JOHNSON’S 1ST, 2ND, 3RD AND 4TH
ADDITIONS

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Crary Development, Inc. for preliminary approval of an ordinance to amend the Zoning Map and to exclude from the Johnson’s Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and include within Johnson’s Planned Unit Development (PUD), Concept Development Plan, Amendment No. 3, all of Kuster’s 2nd and 3rd Additions, all of Johnson’s 1st, 2nd, 3rd and 4th Additions; the area of substantial change includes all of Lots 28 through 42, Block 1, Johnson’s 4th Addition to the city of Grand Forks, North Dakota (located north of 17th Avenue South and west of South 38th Street, and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amendment the zoning map and to set the date of the public hearing for April 17, 2000.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Johnson’s Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and to include within Johnson’s PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Kuster’s 2nd and 3rd Additions, all of Johnson’s 1st, 2nd, 3rd and 4th Additions to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

DENY PROPOSAL FOR AURORA HOTEL

The Events Center Core Committee reported having considered the matter of Aurora hotel RFP, and recommended not to accept the proposal from Grand Properties, LLC because it did not meet our RFP criteria.

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

APPROVE SELECTION OF ENGINEERING FIRM TO
DO DESIGN AND CONSTRUCTION PORTIONS OF
GREENWAY CLEANUP PROJECT

The Flood Protection Committee reported having considered the matter of consultant selection: a) Greenway cleanup design and construction phases; b) first Greenway project design phase, and c) Greenway promotional video production; and recommended approval to select an engineering firm to do the design and construction portions of the Greenway cleanup project, the First Greenway Project design phase and the Greenway promotional video production.

It was moved by Council member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE EXTENSION OF AGREEMENT FOR GREENWAY

The Flood Protection Committee reported having considered the matter of Greenways, Inc. agreement and recommended approval to extend the Greenways, Inc. agreement with Charles Flink in the amount of $75,500.00.

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

Council Member Brooks questioned the matter of funding for this project. Council Member Hafner stated that this is funded through part of the dike project, that they reevaluated this matter and came back with a second proposal and asked for support in passage of this item.

Charles Grotte, asst. city engineer, reported that what’s included in the first greenway project is to get something started on the greenway on the Grand Forks side of the river, and what they have envisioned as the first greenway project is something in the downtown area that would blend in with the Town Square that will soon be under construction. He stated that the goal is to get something designed for construction next year, that they don’t have the funding identified for that construction next year but that’s one of the things they’re working on with Charles Flink and creating a little more publicity for the greenway, meeting with the State Legislators to make them aware so that someday the State of North Dakota would support the greenway as the State of Minnesota has been doing. He stated they need to develop some of these promotional tools that will promote our greenway and get some private money flowing in that can pay for these projects.

There were some questions as to maintenance of the greenway, etc. Council Member Hafner stated they’ve had a series of meetings with the Park Board and they may as a result of agreements be doing part of the maintenance and if that is approved they have specifically three areas that will be designated as parks and committee will continue to have meetings with Park Board, but don’t know funding; and trying to get support and bring in those extra dollars. He also stated that the area between the dike and river is our responsibility.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Beyer, Babinchak, Bakken, Hafner, Hamerlik, Bouley, Glassheim, Carpenter, Klave - 9; voting “nay”: Council Members Martinson, Brooks, Polovitz, Lucke, Lunak - 5. Mayor Owens declared the motion carried.

APPROVE APPOINTMENT TO MPO

Mayor Owens announced the appointment of Council Member Polovitz to the MPO to fill the unexpired term of Council Member Hamerlik, which term will expire in August 2000, and asked for concurrence in this appointment. It was moved by Council Member Brooks and seconded by Council Member Klave to approve the appointment. Carried 14 votes affirmative.

APPROVE APPOINTMENT TO BIKEWAY COMMITTEE

Mayor Owens announced the appointment of Jim Bollman, Park District, to the Bikeway Committee for a three-year term which would expire in January, 2003, and asked for concurrence. It was moved by Council Member Bouley and seconded by Council Member Brooks that this appointment be approved. Carried 14 votes affirmative.
APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: Regular Estimate Summary, $4,345,125.66; Flood Estimate Summary, $16,817.33; and CDBG Estimate Summary, $520,356.92; totaling $4,882,299.91.

It was moved by Council Member Lunak and seconded by Council Member Klave that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Sewer Project No. 4844; and Watermain Project No. 4843.

It was moved by Council Member Lunak and seconded by Council Member Klave that these recommendations be and are hereby approved. Carried 14 votes affirmative.

APPROVE REQUEST FROM CIRRUS TO LAND PLANE
ON DEMERS AVENUE WEST OF CITY

Committee No. 2, Public Safety, reported having considered the matter of request from Cirrus to bring plane into city, landing plane on DeMers Avenue west of city, and recommended that based on the city attorney’s approval and completed hold harmless agreement, to permit Cirrus to do this on this coming Friday and Saturday, March 10 and 11, 2000.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Lunak voting against the motion.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Brooks presented the request for status report on all the flood positions, the matter was referred to the finance committee.
2) Council member Brooks asked for a report or update on the recommendations of the Economic Development Task Force.
3) Mr. Swanson presented the matter of consideration of acquisition of property for water plant renovation by eminent domain; the matter was referred to the public service committee.
4) Mr. Swanson presented the matter of consideration of a committee review structure, the matter was referred to the finance committee.
5) Council Member Martinson asked that some questions be answered on the Aurora naming rights; that he received information about a particular lender providing all the services for the City on the three accounts related to The Aurora and to be granted the exclusive right to provide banking services. He stated he has a problem with the legality of this entire document, and would like to move that it be sent back to Events Center Committee to start over. He also commented on the letter from Jeff Kossow stating a breakdown of the proposed naming rights, the dollar value and bullet points identifying the offers on behalf of the City. It was noted that the banking services are exclusively for The Aurora account. Mr. Swanson reported that his office reviewed the enforceability of the contract, the language of the contract and the structure of the contract, but did not review the content of the contract as they were not involved in the substantive negotiation of the provisions of the agreement, and when the negotiations were concluded they were provided a work product for a law firm in Minneapolis which they reviewed and gave advise as to whether or not there were significant changes from their initial draft.
6) Council Member Hafner stated the city voted to reduce the size of the council to 7 members and suggested taking the next step; that they all perhaps have some ideas about what a new council should look like and he has some specific ideas about possibility of having just one committee rather than a number of standing committees. He stated one of the problems we have is that a lot of items go to each committee and when comes to full council, and not sure what’s happening because only have the minutes and maybe if reduce items on the agenda, could have only one committee and also know what’s going on. and it was suggested to study the possibilities of future governing so can become an effective body. It was noted that this could be considered at their planning session, and information will be provided from areas that do this.
7) Council Member Beyer presented the matter of considering the matter of farming parts of the greenway, that there has been some interest from a farmer and would be income to pay for some of the studies, etc.; the matter was referred to the Flood Protection Committee for consideration.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Hafner that we do now adjourn until Monday, March 20, 2000 at the hour of 7:30 o’clock p.m. Carried 14 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
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Patricia A. Owens, Mayor