City of Grand Forks, North Dakota

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16961
April 17, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 17, 2000

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, April 17, 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, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; absent: Council Members Babinchak - 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 adjourned meeting held on Monday, March 20, 2000 were presented and read. It was moved by Council Member Martinson and seconded by Council Member Bakken that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3847 TO AMEND ZONING
MAP 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

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 had been introduced and passed on its first reading on March 6, 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 Tim Crary on behalf of Crary Development, inc. 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 final approval of the request subject to the special conditions shown on or attached to the review copy and final approval of the ordinance amending the zoning map. The recommendation was moved and seconded by Council Members Beyer and Lunak.

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, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3848, RELATING TO SALES
AND USE TAXES

An ordinance entitled “An ordinance amending Article 1 of Chapter XXII of the Grand Forks city Code relating to sales and use taxes”, which had been introduced and passed on its first reading on April 3, 2000, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD PULIC HEARING ON FUNDING OF 2000 CDBG
PROGRAM AND TO OPEN A 30-DAY COMMENT PERIOD
FOR PROPOSED AMENDMENTS TO THE 2000 CDBG PROGRAM

The city auditor presented the matter of the public hearing on the 2000 Community Development Block Grant non-profit applications and proposed allocation of funding, and opening of a 30-day comment period for proposed amendments to the CDBG Program. .

John O’Leary, Urban Development, advised that the actions tonight could be done in one of two ways, could make it a final action or make it contingent upon the outcome of the 30-day review process to collect public comments; that it’s the recommendation of staff that you do the latter and approve it 30 days from now. Mr. O’Leary stated that the motion tonight would be preliminary approval of the committee’s recommendation subject to the outcome of the 30-day comment period with final approval a month from tonight.

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

Committee No. 4, Urban Development, reported having considered the matter of FY 2000 CDBG Bricks and Mortar Program: 1) to approve the following funding recommendations: Regina Fortin House Rehab, $0; Janie Phelps House Rehab, $0; Carol Rygg House Rehab, $0; Patti Burke House Rehab, $0; Jeremy Anderson House Rehab, $0; YMCA Accessibility, $0; LISTEN Remodel, $25,000; Public Transp. Transfer Station, $0; Prairie Harvest Lodge, $0, RRV Community Action Rehab, $150,000; Park District 1st Seasons, $10,000; Dakota Science, $0; Humane Society, $0; NVAC 224 Walnut Rehab, $25,000; Park District Building remodel, $14,000; St. Vincent de Paul, $0; Café Kosmos, $14,000; Mission Window Replacement, $25,000; Habitat, $50,000; Easter Seals Rehab, $30,000; Alternative Sports Skateboard Park, $50,000; Continental Homes, withdrawn; Housing Authority, 201 South 4th Rehab, $500,000; Affordable Housing, $75,000; Boom Town Historical Mitigation, $82,000; for a total of $1,050.000.

2) to allocate $85,000 to Prairie Harvest and $25,000 to Red River Valley Community Action Agency out of HOME funds.

3) to deobligate the $25,000 out of the City’s HOME allocation and return it to the State to be granted directly to Red River Valley Community Action Agency.

4) to open a 30-day public comment period for the 2000 annual action plan which includes the above recommendations and the approval of those funding recommendations contingent upon HUD approval of the annual action plan and consolidated plan.

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

It was moved by Council Member Beyer and seconded by Council Member Polovitz to amend the motion that the first five items are to be funded by the Red River Valley Community Action Agency out of their CDBG funds and to be placed on first priority list. Carried 12 votes affirmative.

Al Franks, Red River Valley Community Action, stated concerns about the five (5) individual home owners on the grant that are to be incorporated into their program, and questioned the funds that they’ve applied for, that they have come up with their own dollar figure estimate which is really quite low compared to the figure they have here. Council Member Beyer stated that at the committee level their understanding was that the monies that were requested by these 5 property owners were to come out of your CDBG allocation for that amount and were to be moved to the front of the list, and that these are the amounts that they requested.

Mayor Owens closed the public hearing.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that their motion include making it subject to the 30-day comment period. Carried 12 votes affirmative.

Upon call for the question on the motion as amended and upon voice vote, the motion carried 12 votes affirmative.

It was moved by Council Member Beyer and seconded by Council Member Hafner to open the 30-day public comment period for the 2000 annual action plan. Carried 12 votes affirmative. The item will be included on the June 5, 2000 council agenda.

CONTINUE PUBLIC HEARING ON SUBSTANDARD BUILDING
AT 1324 11TH AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (house) located at 1324 11th Avenue North, had been continued from the January 18, 2000 city council meeting until this evening.

Mayor Owens called for the public hearing on the matter of the substandard building at 1324 11th Avenue North.

Tim Manz, Inspections Department, reported this item was on the agenda in January and we started the condemnation procedure but the owner wanted the City to hold this matter. He stated that the house was heavily damaged by fire before the 1997 flood and was also damaged by the flood; that property is adjacent to a commercial area and the nearby commercial property owners had expressed interest in purchasing the house and demolishing it. He stated that was the reason for holding on the condemnation so that the property owner could work out a purchase agreement with the adjacent property owners, and was given a 90-day period to come forward with that documentation, but have not seen that as yet; and would recommend going forward with the condemnation procedure unless council granted additional delay.

Mr. Swanson stated that Inspections needs to produce evidence based upon Code Section 10-0401 as to what the defects in the building are and specifically identify which subsections apply. Mr. Manz stated they have the inspections reports to indicate that. Mr. Swanson stated that before this body can act they have to make factual findings based upon those Code provisions as to what physical defects of the property exist.

Council Members Klave and Hafner asked that this matter be referred back to committee for further consideration.

RECEIVE AND FILE MATTER OF SUBSTANDARD BUILDING
AT 2303 COTTONWOOD STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (house) located at 2303 Cottonwood Street, had been continued from the January 18, 2000 city council meeting until this evening.

Mayor Owens called for the public hearing on the matter of the substandard building at 1324 11th Avenue North.

Mr. Manz, Inspections Department, reported this house was heavily flood damaged and had sustained some basement damage, walls buckled, etc., that they proceeded with condemnation procedures, and on January 18, 2000 the property owner requested 90 days extension, and since that time the house was sold and have issued building permit for repair of the building and it appears they are undergoing the proper rebuilding procedures, and would like to withdraw request for condemnation on this building.

Mayor Owens closed the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Bakken to receive and file this matter. Carried 12 votes affirmative.

APPROVE APPLICATION TO MOVE BUILDING FROM
1111 LANARK AVENUE TO 4911 CHESTNUT STREET

The city auditor reported that the notice of public hearing on the application by Joe Kalenze to move a building (accessory building) from 1111 Lanark Avenue to 4911 Chestnut Street to be used as a storage or garden shed, had been published and posted as required.

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

Committee No. 3, public Service, reported having considered the application for moving permit to move building from 1111 Lanark Avenue to 4911 Chestnut Street (accessory building), and recommended to
approve subject to the public hearing.

It was moved by Council Member Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Mr. Kalenze be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE BUILDING FROM 255 NORTH
4TH STREET TO 1124 DEMERS AVENUE

The city auditor reported that the notice of public hearing on the application by City of Grand Forks to move a building (accessory building) from 255 North 4th Street to 1124 DeMers Avenue to be used as a storage shed, had been published and posted as required.

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

Committee No. 3, public Service, reported having considered the application for moving permit to move building from 255 North 4th Street to 1124 DeMers Avenue (accessory building), and recommended to approve subject to the public hearing.

It was moved by Council Member Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that the City be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

REPORTS OF OFFICERS

The city auditor’s investment report as of March 31, 2000, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Hafner that this report be and is hereby received and filed. Carried 12 votes affirmative.

REPORT OF BOARD OF ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, March 16, 2000, that notice had been published as required and that the following appeals were heard: 1) Michael and Betty Jo Hoeppner, 2302 7th Avenue North, request for variance to the accessory building requirements in order to convert an existing deck into a three season room, and variance approved to allow a three season room to be constructed on the rear of the house and thereby making the existing detached garage non-complying, having a sideyard setback of three feet and having only three feet between the two structures, and that Code requirements for firewall separation would be obtained; 2) Gregory and Ellen Gagnon, 712 Chestnut Street, request for variance to the accessory building requirements in order to build an attached garage, and variance approved to allow 1,052 sq.ft. of accessory building area and four feet of sideyard setback in order to construct an attached garage.

It was moved by Council Member Klave and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-06, dated April 17, 2000, and totaling $1,210,105.77, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE REALLOCATION OF POSITIONS IN POLICE
DEPARTMENT

Committee No. 1, Finance, reported having considered reallocation of positions in the police department: a) custodian to building maintenance worker (one position); b) support specialist II to administrative specialist (one position); and c) parking regulator and animal warden to community service officer (three positions), and recommended to authorize a building maintenance worker position within the police department to be made available for promotion within the department and approval of the job description changes for the parking regulator and two animal wardens to community service officers.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE POSITION OF TEMPORARY POSITION IN
HEALTH DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of mosquito control supervisor, and recommended approval of an 18-month contract position for mosquito control supervisor.

Committee No. 2, Public Safety, reported having considered the matter of mosquito control supervisor, 18-month contract position, and recommended to approve and concur with the recommendation of the finance committee.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that these recommendations be and are hereby approved. Carried 12 votes affirmative.

APPROVE BLOCKING OF STREETS FOR DEDICATION
OF COUNTY OFFICE BUILDING

Committee No. 2, Public Safety, reported having considered the matter of dedication of County Office Building, 104 South 4th Street, and recommended to approve the closure of South 4th Street and prohibition of parking between Kittson and Bruce Avenues from 9:00 a.m. to 4:00 p.m.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE RENEWAL OF ALCOHOLIC BEVERAGE LICENSE
BY RC SPEEDWAY GF, INC. DBA RIVER CITIES SPEEDWAY,
FAIRGROUNDS

Committee No. 2, Public Safety, reported having considered the application by RC Speedway GF, Inc. dba River Cities Speedway, for renewal of Fairgrounds Beer/Wine license, and recommended approval of the license contingent upon approval by various departments.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE NOISE VARIANCES

Committee No. 2, Public Safety, reported having considered the request for variance to noise ordinance by Walsh Hall Government (Walsh Stock) on April 28 (request approved and requesting changing hours from 7:00 to 10:00 p.m. to 5:00 to 9:00 p.m., and recommended to approve the change in hours.

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

It was moved by Council Member Bakken and seconded by Council Member Bouley to amend the motion to change the hours to 4:00 p.m. to 10:00 p.m. Carried 12 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 12 votes affirmative.

APPROVE BIDS FOR MOSQUITO CONTROL ITEMS

Committee No. 2, Public Safety, reported having considered the matter of bids for mosquito control items: a) chemicals, and recommended to accept the low bid for the chemicals as recommended by the Health Department.

Committee No. 2, Public Safety, reported having considered the matter of bids for mosquito control items: lease of vehicles, and recommended to accept the low bid for the ATV as recommended by the Health Department (Acme Electric, $450/month), and to negotiate lease for the pickup with Rydell Chevrolet.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENT

A request for budget amendment by the Health Department - Tobacco Grant in the amount of $15,000 to reflect increase in grant funds, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be and is hereby approved. Carried 12 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for budget amendment by the Public Transportation in the amount of $676.81 from cash carryover (insurance check received in 1999 paying for repairs in 2000), was presented and read. it was moved by Council Member Klave and seconded by Council Member Lunak that this budget amendment be and is hereby approved. Carried 12 votes affirmative.

RESCIND REFUSE PACKER BIDS AND AUTHORIZE
REBIDDING OF THE PACKER UNITS

Committee No. 3, Public Service, reported having considered the matter of rescinding refuse packer bids, and authorization to rebid packer units, and recommended to rescind the refuse packer bids; and to approve specifications and call for rebidding of the packer units.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE EASEMENTS FOR PROJECT NO. 5138

Committee No. 3, Public Service, reported having considered the matter of fire hydrant easement for Watermain Replacement Project No. 5138, located on Robertson Court between Cottonwood Street and 17th Avenue South, for and in consideration of the sum of $200.00, Francis and Dorothy Jacobs, grantor, and recommended to approve the easement.

Committee No. 3, Public Service, reported having considered the matter of fire hydrant easement for Watermain Replacement Project No. 5138, located on Robertson Court between Cottonwood Street and 17th Avenue South, for and in consideration of the sum of $200.00, LeRoy and Jan Kurtyka, grantor, and recommended to approve the easement.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE 2000 SIDEWALK REPAIR/CONSTRUCTION LIST

Committee No. 3, Public Service, reported having considered the matter of sidewalk repair/construction list for Project No. 5103, 2000 Sidewalk Repairs, and recommended to approve the 2000 sidewalk repair and construction list, and that notices be sent to property owners.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE THREE-WAY AGREEMENT FOR PROJECT NO. 5165, PAVING

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Project No. 5165, paving 36th Avenue South from 20th to 25th Streets, and recommended to approve the three-way agreement with Art Greenberg as developer and CPS as engineer.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 5050

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1, construction administration, CPS, Proj. 5050, Bikeway Reconstruction along English Coulee from 22nd to 24th Avenues South, and recommended to approve Amendment No. 1 in an amount not to exceed $3,500.00.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 5123, 5124 AND 5125, UTILITIES IN KANNOWSKI’S ADDN.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 5123, 5124 and 5125, sanitary sewer, watermain and storm sewer in Kannowski’s Addition, and recommended to approve plans and specifications, contingent upon final engineering comments.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5149, SIDEWALKS IN CONGRESSIONAL SUBDIVISIONS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5149, sidewalks in Congressional Subdivisions, and recommended to approve plans and specifications and authorize call for bids, contingent upon financing.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO.
5150, DISTRICT NO. 409

The city auditor presented and read tabulation of bids which had been received and opened on April 10, 2000 for Sewer Project No.5150, District No. 409, storm sewer on South 38th Street from 36th Avenue South to the Southend Drainway, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $124,951.93: Document No.7952 - Tabulation of Bids.

The city engineer’s estimate of total cost on Sewer Project No. 5150, District No. 409, in the amount of
$158,700.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5150, District No. 409, storm sewer on South 38th Street from 36th Avenue south to Southend Drainway, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $124,951.93.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7953 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution awarding the contract for Sewer Project No. 5150, District No. 409, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 4824.2,
CITY-WIDE STREET OVERLAY, PHASE II

Committee No. 3, Public Service, reported having considered the matter of change order No.2 for Project
No. 4824.2, City-wide Street Overlay, Phase II, and recommended to approve the zero dollar change order, Valley Contracting Company, contractor.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE MOWING BIDS

Committee No. 4, Urban Development, reported having considered the matter of approval of mowing bids, and recommended approval of mowing bids at maximum per season prices as follows: to Sunshine Lawncare in the amount of $1,800 for Congressional; to Lawn King in the amount of $675 for 917 South 46th Street, in the amount of 4750 for FTZ, in the amount of $975 for Cirrus and in the amount of $1,125 for Amazon; to Wilson Lawn Service in the amount of $2,000 for the Industrial Park Lot; to J & J Lawn Care in the amount of $11,250 for the riverbank; to Wilson Lawn Service in the amount of $2,200 for Region #1, $2,760 for Region #2, in the amount of $1,140 for Region #3, in the amount of $2,280 for Region #4, in the amount of $3,840 for Region #5 and in the amount of $4,200 for Region #6.

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

After some discussion and upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 10; voting “nay”: Council Members Lucke, Hamerlik - 2. Mayor Owens declared the motion carried.

EXTEND DEADLINE OF DDC TO JUNE 30, 2000

Committee No. 4, Urban Development, reported having considered the matter of extension of DDC sunset deadline to June 30, 2000 (two-month extension), and recommended to extend the deadline of the DDC to June 30, 2000.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE MATTER OF LEASES FOR SOUTH 3RD STREET
BUILDINGS

Committee No. 4, Urban Development, reported having considered the matter lease of property on South 3rd Street, and recommended to approve the lease of Back Porch Antiques at 16 South 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of downtown tenant approval of tenants in South 3rd Street properties, and recommended to approve the lease of Dr. Eliot’s Twice Sold Tales at 28 South 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of downtown tenant approval, request for delegation of authority to approve future downtown tenants to DDC (or successor entity), and recommended to authorize the DDC or its successor entity to approve the future tenant in the downtown area.

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

Council Member Lucke questioned base amount of each of those leases for the first year. John O’Leary, Urban Development, stated that he didn’t have that information with him, and that the City is not involved directly with those tenants, however, there is a condition on these grants that the City wanted to see who was going to be located in the buildings and DDC is requesting that authorization to approve the tenants be delegated to them. He also stated that the council will approve whatever successor organization there is and will have control over who that organization is and what constitutes the board, and would hope that many of these leases would be consummated before that final organization is approved. Council Member Beyer stated that this is not lease approval, it’s tenant approval, the leases are between the property owner and their client, and City has no legal right to tell them anything that’s in that lease but in those contracts for the bid rehabs and would have to come to council for approval of the tenant.

Council Member Bouley asked to be excused from voting on the matter of tenant approval on property at 28 South 3rd Street, and it was so moved by Council Members Hamerlik and Beyer. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative, with exception of item relating to property at 28 South 3rd Street with Council Member Bouley abstaining.

APPROVE HISTORICAL REHAB BID FOR PROPERTY AT
21 SEWARD AVENUE

Committee No. 4, Urban Development, reported having considered the matter of historical rehab bids, and recommended approval of a low bid from Dick Wilhelmi Construction in the amount of $8,630 for the exterior renovation of 21 Seward Avenue.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CLOSING DATE FOR HOMEOWNER LABOR
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Homeowner Labor refunds, and recommended approval of a closing date of April 21, 2000 of the Program.

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

Council Member Hamerlik stated that the refund date is three days from now and asked if that was enough time for two properties not completed. Mr. Swanson reported that one of the two have now been closed and check was issued on Friday, April 14, and that property owners were advised more than 30 days ago that the deadline date would actually be the 14th of April, but council is extending it one additional week, but that this particular individual has known about this since the first part of December of 1999 and has not moved forward to submit the closing documents, and believes that there is more than sufficient time but if council wishes to extend it, would have no objections to that.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

SELECT LOCATION FOR RENAISSANCE ZONE

The Joint Committees of Finance and Urban Development reported having considered the matter of Renaissance Zone, and recommended to select as a location for the Renaissance Zone, Zone A, which is downtown; and to direct staff to start drafting the application and criteria for the renaissance zone.

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

COUNCIL MEMBER GLASSHEIM REPORTED PRESENT

Council Member Lunak questioned tax breaks that would go with the renaissance zone. Brad Gengler of the Planning Department stated it was noted that the actual incentives offered in the program are stated in the legislation and guidelines so for most part determined, that once the zone is designated then eligible properties within the zone will qualify for the incentives. Council Member Lunak questioned whether anybody that received CDBG fund money wouldn’t be allowed any incentives in this program and if that was correct. It was noted that would have to be established within our own policies that we develop once the zone is designated, that had been discussed initially as a preliminary criteria, but that the State is not going to preclude that as a possibility to make somebody eligible, but looking to see what’s out there and what they can put in it, not what was received in the past. He stated that portion of the policy will be determined by a group of individuals to establish the criteria, and as of now it’s not the staff’s recommendation to make any determination on that.

Council Member Glassheim stated that a local decision which will come back to council for what the City is offering and what will qualify, it is anticipated that if this passes tonight that the joint urban development/finance committee will make recommendations regarding the local policy and that will come back in a second step that council will have input into.

Council Member Lunak asked how much money has been put in downtown; and it was noted that is something that would have to be researched.

Council Member Martinson stated that a great amount of money has been put in downtown and questioned other areas of the city. Council Member Beyer stated that it’s important to note that they looked at other zones, that this is not going to be a pot of money, that it’s going to be developers who come in and improve a property, that there are so many components to this law and that there are still some decisions that have to be made by the local entity; and when you look at the different number of zones that were looked at and when determined how many sq. ft. would be available or have potential of being developed, that for a renaissance zone you cannot take a tract of land that hasn’t had a structure on it and develop and qualify, it has to be a tract of land with an existing building and is demolished or is vacant because the building has been demolished and that’s how new construction qualifies; that when they looked at this at committee it became very obvious that downtown because it’s more compact had a lot more sq. ft. available. She stated they also have to look at the amount of development that a developer is actually willing to come in and do, this bill though it doesn’t specify was drafted for downtown and when they started comparing sq. footage in different zones, the sq. footage available, that became more evident.

Council Member Brooks stated that they looked at the various zones designated and gave those people an opportunity to step forward, that the downtown had an organized group and has had since the flood, that some people from the Gateway Drive area (from Columbia to the Interstate) spoke up and would be interested in doing some developing; that in the process they have designated some areas and given people a chance to respond or not. He stated there was an advantage to the downtown with the DDC but that was set up for another purpose after the flood to put the downtown together. He stated that the issue comes down as to what the citizens want; that every town needs a downtown, there’s not a lot of dollars in this, not talking about large pools of money, but there is a benefit and will have to include some property tax relief.

Mr. Gengler stated that out of the four incentives offered an existing home owner won’t qualify for the property tax exemption or the income tax exemption, but there are some provisions for historic preservation and renovation, and of course the property has to be included on the historical register, and for private homes there may be a stipulation where there has to be x amount of improvements made to the structure in order to qualify for the exemptions.

Council Member Polovitz questioned whether the City would have to give property tax reductions or incentives, it’s an option, to be part of this program. The city auditor stated that the State would want the City to do that, and that’s part of the intent is that we take a share. Council Member Glassheim stated that the City will have to have some property tax, but amount up to the local entity, and if we passed a rule that there would be no property tax, doesn’t think the State would approve the renaissance zone, but will have to participate to some small extend, that he doesn’t believe that we are going to give property tax for anything but new investment and not on existing structure as valued. Council Member Beyer stated the opportunity to develop has to be there, a developer has to come in with their money and spend additional money on these buildings before they qualify for any tax credits, that we can have a renaissance zone out on Gateway Drive but if the developers do not come in with their dollars it does us no good.

It was moved by Council Member Brooks and seconded by Council Member Lunak to amend the motion that Zone A exclude Blocks 1, 2, 3, 6, 7 and 8, which is the core of the downtown, where we have put in a lot of the CDBG dollars.

Council Member Glassheim stated he wasn’t sure if there was a potential conflict or not and asked that they separate the blocks and vote separately on Block 8 and that he and Council Member Bouley be excused from voting on Block 8.

Mr. Swanson, city attorney, stated he didn’t believe that is a divisible motion, that it’s excluding one combined area, not as separate components of one motion, and his initial action would be to say it’s not divisible.

Mr. Swanson reviewed Roberts Rules and that the definition in Section 24, says that it is divisible only if it includes proposition so distinct in substance that one being taken away, a substance proposition remains, and that he finds that these are not distinct in substance, however, you may override the parliamentarian’s rules by motion to override the rule and to authorize the splitting of the question, and that only takes a majority vote; and will stand by his ruling based upon that definition of a divisible question.

There was some discussion as to whether there was a conflict of interest. Council Member Glassheim stated if there was a conflict, that he wouldn’t take advantage of it but wanted to make it very clear that he would not personally be benefiting from this whether it’s in or out. Mr. Swanson stated that the law in North Dakota on conflict of interest is limited to a pecuniary benefit or gain, and believes that on at least three or four different occasions he has rendered opinions to members of this body on which he has relied upon but also advised them that if they believe for other matters or reasons including appearances of impropriety, that it rises to a conflict that they should abstain from voting, but that’s a decision that he would not be able to rule upon short of having some detailed information. The law in North Dakota would allow full disclosure and a vote to waive conflict of interest applications except in a direct pecuniary gain.

Mayor Owens asked if there was a motion to override the parliamentarian action. There was not a motion.

Council Member Glassheim stated he didn’t wish to override the attorney’s ruling, seems it’s a rationale ruling, and just wanted it patently clear that he will not gain a penny out of this vote, but wanted to make it very clear so he requested that he be excused from voting on this matter and on the final matter, and that Council Member Bouley would want to be associated with that, and requested that the council permit them not to vote on this matter. It was so moved by Council Member Carpenter and seconded by Council Member Hamerlik to excuse Council Members Glassheim and Bouley from voting on this matter, Carried 10 votes affirmative.

Don Olson, member of the Downtown Development Commission, spoke to the question of excluding property downtown that has received CDBG funds, those properties are not a project, that he has a problem that if a property owner that has received CDBG funds is able to because of help of the renaissance zone and with good marketing go out and get another business that’s willing to come in downtown and risk their capital in our city; and stops process of trying to restore and rehabilitate and reestablish downtown. He stated he sees benefit of business to invest it’s money and its business in coming into our city and recreate wealth and increase our tax base. He also stated that what they have from an income tax standpoint is exclusion of the income from that business for five years, and have the possibility of the council conferring a real estate tax exemption based on your discretion of anything from taking property value as it stands today and simply have no increase in that for a period of time, or use standard 20, 40, etc.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Lunak, Martinson, Brooks, Lucke - 4; voting “nay”: council Members Carpenter, Klave, Beyer, Bakken, Hafner, Polovitz, Hamerlik - 7; Council Members Glassheim and Bouley abstaining. Mayor Owens declared the amendment defeated.

Mr. Swanson stated that if the intent is only to designate the downtown area as your zone and not to specifically identify the blocks, it would be his recommendation that the motion be amended to so reflect, and that the diagram that the council have before them in which the 24 blocks, including half block designations would seem to indicate they are acting upon a particular plan or boundary. Council Member Beyer stated they wanted to go ahead and designate those 20 blocks so they could proceed with drafting an application, and that motion as stated and as read is correct.

Upon call for the question on the original motion, and upon roll call vote the following voted “aye”: Council Members Polovitz, Hamerlik, Carpenter, Klave, Beyer, Bakken, Hafner - 7; voting “nay”: Council Members Brooks, Lucke, Lunak, Martinson - 4; Council Members Bouley and Glassheim abstaining. Mayor Owens declared the motion carried.

APPROVE FINAL PLAT OF REPLAT OF LOT 2, BLOCK 1,
CONGRESSIONAL FIRST RESUBDIVISION

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 final approval of the Replat of Lot 2, Block 1, Congressional First Resubdivision to the city of Grand Forks, North Dakota (located on the 5300 block of 6th Avenue North, Grand Forks, North Dakota, and recommended final approval of the request subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE B-3 (GENERAL BUSINESS) DISTRICT
LOT B, BLOCK 1, ENDRES-RYDELL SECOND RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Robert Peterson for preliminary approval of an ordinance to amend the zoning map and to exclude from the B-1 (Limited Business) District and to include within the B-3 (General Business) District, Lot B, Block 1, Endres-Rydell Second Resubdivision (located at 1407 24th Avenue South, The Hemmp Center), and recommended preliminary approval of the zoning request, to introduce the ordinance amending the zoning map and to set the public hearing for May 15, 2000.

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

Council Member Hafner 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 B-1 (Limited Business) District and include within the B-3 (General Business) District, Lot B, Block 1, Endres-Rydell Second Resubdivision to the city of Grand forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOT 2,
BLOCK 1, PERKINS SECOND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Perkins Land Company for preliminary approval of the Replat of Lot 2, Block 1, Perkins Second Addition to the city of Grand Forks, North Dakota (looked south of 32nd Avenue South between South 31st Street and South 34th Street). This plat supercedes the plat approved by the city of Grand Forks on June 15, 1998; and recommended preliminary approval of the request subject to special conditions shown on or attached to the review copy.

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

MATTER OF FOLLOW-UP FOR PLANNING SESSION

Council Member Carpenter briefly reported on session from last Thursday evening, and it was the consensus of the members attending that they did identify a number of goals, one of which involved improving communication - between mayor and council, council staff, citizens and that was an area they thought that further meetings or sessions and discussion would be beneficial. He asked council’s availability to do another session the first part of May to deal specifically with the issue of improving communication, and if no objections to go ahead and establish a date. Mayor’s Office will schedule a date.
APPROVE APPOINTMENT OF ASSESSMENT CENTER
PROCESS FOR ADMINISTRATIVE COORDINATOR

Mayor Owens announced the following appointments: Council Members Brooks and Klave; Jim Johnson and Arvin Kvasager from Civil Service Commission; Dennis Potter from department heads; Jim Dalglish at large, Darrel Larson at large; Jim Faircloth, UND, who has been assistant city manager of a city; and this is team put together for the assessment process. It was moved by Council Member Hafner and seconded by Council Member Lunak to approve the appointments. Carried 13 votes affirmative.

APPROVE APPOINTMENT OF WAGE NEGOTIATION TEAM

Mayor Owens announced the appointment of the Wage Negotiation Team: the Budget Framework Council Members Babinchak, Bakken, Hafner, Glassheim, Carpenter; and Employee Representatives: Dave Pankratz, Randy Johnson, Robert Lequire, Barry Peterson, Pete O’Neill; and asked for concurrence. It was moved by Council Member Beyer and seconded by Council Member Hafner to approve the Wage Negotiation Team. Carried 13 votes affirmative.

APPROVE APPOINTMENT TO PENSION COMMITTEE

Mayor Owens announced the appointment of the employee representative to the Pension Commission, Al Grasser, and asked for concurrence. It was moved by Council Member Beyer and seconded by Council Member Klave to approve the appointment. 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 Lunak suggested that they look at matter of conflict of interest, and Mayor Owens stated they would re-send opinions.
2) The city auditor reminded members that the Budget Framework Committee is meeting tomorrow from 5:00 to 7:00 p.m. with input and comments from council members.
3) Mr. Swanson, city attorney, reported their office is preparing outline for a training presentation for new council members following the election and if there are particular topics that they wish to include in a training outline or presentation, would appreciate hearing that, and he will be doing a memo to existing council members identifying the topics that they believe need to be presented, conflict of interest is one of them, but if they have others, he would be open to ideas.
4) Council Member Brooks asked for copies of the quarterly sales tax reports, and the city auditor stated those will be researched and sent to the council members.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Beyer that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,

John M. Schmisek, City Auditor
Approved:
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Patricia A. Owens, Mayor