City of Grand Forks, North Dakota

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17011
May 15, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 15, 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, May 15, 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.

PRESENTATION OF ALEXANDER GRIGGS AWARD TO
LONNY WINRICH

Mayor Owens stated that the events of the spring of 1997 caused the workload of the Historic Preservation Commission to increase dramatically, that complexity of the federal regulations and intensity of the time constraints, and the myriad of details which could be lost in the mix complicated every action taken in the city; that much of the historic architecture of the city was jeopardized, and during this especially intense period in the history of Grand Forks, Lonny Winrich served as point man for the Preservation Commission; and that the Grand Forks Historic Preservation Commission presented the Griggs Award to Mr. Winrich for his tireless commitment in word and deed to the preservation of Grand Forks’ heritage. Mr. Winrich’s name will be engraved on the Alexander Griggs award plague which hangs in the council chambers.

APPROVE MINUTES, APRIL 6, 2000

Typewritten copies of the minutes of the special city council meeting held on Thursday, April 6, 2000 were presented and read. It was moved by Council Member Klave and seconded by Council Member Martinson that these minutes be approved as read. Carried 15 votes affirmative.

ADOPT ORDINANCE NO. 3849, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOT B, BLOCK 1, ENDRES-RYDELL SECOND
RESUBDIVISION

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 had been introduced and passed on its first reading on April 17, 2000, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called 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 Robert Peterson for final 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 final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Member Hafner and Bakken.

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

SUSPEND RULES AND CONSIDER ITEMS OUT OF
ORDER

Council Member Glassheim moved to suspend the rules and to consider items relating to 1) the matter of funding request for Senior Citizens transportation; and 2) matter of request for ordinance to amend the text of the Land Development code, pertaining to the Grand Forks/East Grand Forks Transportation Plan Update, Year 2022 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements. Council Member Babinchak seconded the motion. Carried 14 votes affirmative.

CONSIDER MATTER OF FUNDING REQUEST FOR SENIOR
CITIZENS TRANSPORTATION

Committee No. 1, Finance, reported having considered the matter of funding request for Senior Citizens transportation, and recommended to allocate a $10,000 grant from cash carryover to operate the Senior Citizens transportation system contingent upon a spirit of cooperation between organizations to conduct a total budgetary review with a report of alternative measures to the finance committee for action by July 15.

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

Clyde Varnson, Nodak Radio Cab Company, stated he does dial-a-ride transportation for the City and directly competes with the Senior Citizens for that work, and distributed copies of letter to the council members for their consideration to perhaps move forward and make a level playing field for all the businesses providing service.

Several individuals in the audience spoke in support of the recommendation:

Gloria Fiest, Riverside Manor, stated that both she and her mother depend very much on the Senior Citizens bus.

Dawn Bower, 1524 North 5th Street, stated that she and her mother depend on the bus as she has no way of taking her mother’s 3-wheeler to the store, etc., and is transportation they can afford.
Nancy Scherer, Ryan House, 23 North 3rd Street, stated it would be devastating for her neighbors if this transportation were discontinued, and funding should be seriously considered.
Henry Valder, homeless, stated he would like to be able to get on the bus with his service animal, and that’s a human rights violation. Mayor Owens asked that he come to her office to discuss this so it will be handled appropriately.
Deacon Sam Pupino, 1019 18th Avenue South, spoke on behalf of his mother and other senior citizens who aren’t eligible for dial-a-ride that do depend on the bus service, and asked that they vote in favor of the request for funding.

Upon call for the question and upon roll call vote 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 TO AMEND THE COMPREHENSIVE
PLAN, PERTAINING TO THE GRAND FORKS-EAST GRAND
FORKS 2022 TRANSPORTATION PLAN UPDATE (2000
STREET AND HIGHWAY ELEMENT, 1999 TRANSIT, BIKEWAY
AND PEDESTRIAN ELEMENTS), AND SET PUBLIC HEARING
FOR JULY 3, 2000

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization (GF-EGF MPO), for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan; Section 18-0802, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update, Year 2022 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements), together with all maps, information and data contained therein and approval of a resolution amending same, and recommended preliminary approval and adoption of the Long-Range Transportation Plan elements, except for the designation of 17th Avenue South and 32nd Avenue South as inter-city bridge locations. Also, to ask for the GF-EGF MPO to continue studying the need for a specific bridge, crossing after the 2000 Census data is available and data from the next comprehensive traffic count update is available. Recommend approval of the ordinance and set the date of the public hearing for July 3.

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

Earl Haugen, MPO, stated they are requesting the council to amend the current Transportation Plan Element of Comprehensive Plan; that essentially the MPO’s request and the Planning Commission’s request differ in one respect only and that is that the MPO is asking to preserve corridors at 17th and 32nd and the Planning Commission is asking not to designate any corridors for preservation; that they both agree that Merrifield is a good location for a truck route bridge and both agree that two years from now when they have the census information and traffic counts that will be taken this fall they will be back to determine a location for a bridge somewhere between the Point Bridge and Merrifield Road.

Mr. Haugen described the process and involvement of the bodies involved and what their role and authority is - that the process is that the MPO adopts the Transportation Plan, that MPO has taken preliminary approval of the Plan before council, that it is referred to each city’s planning commission and each city’s council for their review and comment, that the MPO requests that their Transportation Plan be adopted by each city as part of their city’s comprehensive plan, and MPO by-laws state that approval is not necessary, that if for whatever reason neither side desires to go through the process of amendment that after 60 days the MPO can take final action on a long-range transportation plan for the metropolitan area.

Council Member Martinson stated that approx. a year ago they went through the bridge location process and were told that they needed a location by last fall or otherwise could lose their federal funding; and asked for a copy from the federal government that says that if they don’t put a bridge in place by a specific date that they will lose federal funding. Mr. Haugen stated there is no regulation that says the bridge across the Red River has to be identified, that what the regulations do state is that the MPO has to look 20 years into the future and address deficiencies in the transportation network that they identify what will be in place 20 years from now and plan accordingly; that the MPO executive board a year ago stated that Elks Drive should be a location for one bridge and that Merrifield Road for another bridge purpose; that now the MPO is asking that the cities preserve corridors at 17th and 32nd for potential bridge in the future. He stated he will provide Council Member Martinson a copy of the federal regulations for MPO’s.

Council Member Glassheim asked about process, were any residents on the potentially impacted routes involved during the past year in any discussions and whether this is driven by the MPO and technical people. Mr. Haugen stated that the process has been to ask each city to include it as a part of their comprehensive plan, that there’s a preliminary approval that happened at the last City Planning Commission meeting, that June 7 will be the formal public hearing for the Plan amendment, and the city council will hold a public hearing on July 3 ; and that the MPO will be meeting sometime between now and after July 3. Council Member Glassheim stated that these are the formal requirements for hearings but no actual working with neighborhood residents during the past year; Mr. Haugen stated no.

Roland Scott, 110 32nd Avenue South, stated that his concern is that if the City decided to build a bridge next year, he would be compensated fairly for his house, however, maybe they’re going to build a bridge in 20 years and makes it very difficult for him to sell his house in the future when it’s in a plan to build a bridge there; but that a plan including a bridge on 32nd Avenue would devalue the property of many homes. He thinks in fairness to the public that they ought to cease any planning or discussion of bridge corridors that may or may not happen in the future.

Homer Rovelstad, 3203 Belmont Road, suggested that the bridge will never be built because they have many projects that they will have to pay such as a dike, improved streets, water treatment plant and probably many other things with a much higher priority than a $12-15 million bridge that nobody wants; that the residents don’t need or want a bridge other than at Merrifield Road and will resist building one at any other locations presently under consideration, and asked why being subjected to trauma, anxiety and financial loss by a hypothetical bridge that will never be built, that they can’t afford to lose one resident because of a bridge. He stated that our present city council cannot legislate for future city councils, but would like to see resolution passed that would urge future councils not to consider a bridge at any of these locations except Merrifield Road, and that might give them some assurance that they won’t have to be going through this exercise every year; and this is in addition to rejecting the naming of corridors and bridge sites in the MPO plan under consideration.

Council Member Beyer stated that there are petitions that have been submitted in the past year and those petitions are still valid, and are in the MPO Office.
Melody North, 114 32nd Avenue South, stated that there are other possibilities of a traffic solution if they have a problem and that is a diamond exchange at the corner of South Washington and DeMers Avenue, and that is in the planning possibilities.

Council Member Carpenter stated he doesn’t support the recommendation of the MPO but does support at this stage the Planning and Zoning, but that as he remembers of the studies, the Merrifield Bridge does little or nothing for internal traffic between Grand Forks and East Grand Forks, but primarily a truck route, and doesn’t benefit internally for traffic problems; that Minnesota-4th Avenue South is the area that is going to pay a tremendous price; and 20 years from now will need another bridge in Grand Forks between the two cities, and where it’s going to be and how it should be decided and impacts is something that really needs to be studied and looked at; but shouldn’t designate now but should keep in consideration those two facts about Merrifield and about Minnesota/4th.

Ann Sande, 1110 Belmont Road, stated that Schroeder and Kelly Schools wouldn’t be only schools affected by a bridge or no bridge at 32nd or 17th, and Holy Family School; the school that is being most affected is Phoenix School as well as the United Day Nursery, and things change over time and this is something that they really need to consider; thinks we need another bridge and now is the time to make a decision.

Sandy Norby, 3209 Belmont Road, stated that a lot has changed in both cities in the last three years, both cities have lost a lot of population, that we haven’t done studies on the traffic since then and a lot of East Grand Forks has shifted, their neighborhoods have gone north, their businesses have gone north, and yet we are focusing on southend bridges, and that until this whole situation is studied in depth just putting a lot of people that have barely recovered from the flood through turmoil.

It was moved by Council Member Glassheim and seconded by Council Member Lunak to amend the recommendation to add “..and that residents from potentially affected areas be involved in the study.”

COUNCIL MEMBER LUNAK EXCUSED

After further discussion Council Member Hafner stated that the MPO is going to make the decision, we are only supporting or not supporting it, and MPO may choose these two corridors whether or not we vote for or against it; and moved a motion to amend the amendment to include all citizens (so that everyone has the ability to participate because more areas are affected than just these potential corridors). Council Member Babinchak seconded the motion

Mr. Haugen stated that if they go through the process, public hearings with all citizens involved. The question was raised that if the bridge were sited now by MPO, what would that do to the people who are selling their properties.

Mr. Haugen stated that they can do advance purchase right of way; that as they do development reviews they will add additions or replats that occur and that you could preserve the necessary corridor rights of way, but unless the council adopts it as part of the comprehensive plan, the MPO has no ability to impose those types of preservation activities, that there are local funds and if it’s in the MPO plan that opens the door for some federal funds; and there is funding there.

Council Member Klave stated he doesn’t think we have the proper documentation to make a decision as to location, and whatever neighborhood, if the proper documentation is there, will look at it realistically, that the comments being made are that it’s being made with improper or incorrect documentation, and that people can work with their ward representative and becomes somewhat of a neighborhood issue, all neighborhoods very close and have someone to represent them.

Upon call for the question and upon voice vote, the amendment to the amendment was defeated.

Upon call for the question on the first amendment, and upon voice vote, the motion carried.

Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 12 votes affirmative; Council Member Bakken voting against the motion.

Council Member Hafner introduced an ordinance entitled “An ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks city Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transporta-tion Plan Update (2000 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements)”, which was presented, read and passed on its first reading.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1324 11TH AVENUE SOUTH

The city auditor reported that notice of a hearing to be held this evening on the substandard building (dwelling) located at 1324 11th Avenue South, had been continued until this evening.

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

Bev Collings, Inspections Division, reported that along with the Health Department and the Fire Department, the Inspections Department inspected the building at 1324 11th Avenue South, with last inspection October 15, 1999, and that in the interim they’ve been working with the property owner and that the building was damaged by fire and flood, and enumerated the damage under Section X of the City Code Section 10-0401 of the City Code which includes items 2, 3, 4, 5, 7, 8, and 9; that there’s roof structure missing on the house, house has been gutted by the property owner; that 33% of the structure of the house has been damaged, non-supporting members well over 50% and some don’t even exist any longer, insufficient floors and roofs, dangerous to life, safety, morals and general welfare; the building decayed, unsafe, unsanitary for someone to live in it; property in condition that’s unsafe, to general welfare, and doesn’t meet Building Code issues; house has no value, land has value.

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

It was moved by Council Member Beyer and seconded by Council Martinson to adopt the findings of fact, declare the property as substandard and order demolition of the building, and if the City demolishes the structure the cost will be levied as a special assessment against the land upon which the building stands or did stand as specified in Section 10-0406. Carried 13 votes affirmative.

SET PUBLIC HEARING RELATIVE TO ESTABLISHING A
RENAISSANCE ZONE

The city auditor presented the matter of setting a public hearing regarding the establishment of a renaissance zone, and that this is a requirement of the regulations and would need a motion from the floor to do that.

It was moved by Council Member Klave and seconded by Council Member Bakken to set a public hearing relative to the proposal for establishing a renaissance zone as June 5, 2000 at 7:30 o’clock p.m. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The City Auditor’s Investment Report as of April 30, 2000 was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken to receive and file the report. Carried 13 votes affirmative.

REPORT OF BOARD OF ZONING 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, April 20, 2000, that notice had been published as required and that the following appeals were heard: 1) Rodger Rieger on behalf of the University Lutheran Church, 2122 University Avenue, request for variance to the impervious surface area coverage and landscaping and parking setback requirements in order to add a parking lot addition, and variance approved to allow 76% impervious lot coverage and to allow a five foot buffer yard “S” along the east property line in order to add a parking lot addition; 2) Johnson Laffen Architects on behalf of Holy Family Catholic Church, 1018 18th Avenue South, request for variance to the impervious surface area requirements in order to build an addition, variance approved to allow 51% impervious lot coverage in order to construct an addition to the church; 3) Larry Johnson on behalf of Marshal Guntzburger, 1519 South 15th Street, request for a variance to the accessory building requirements in order to build an addition onto the home, variance approved to allow 44" between the existing detached garage and the proposed addition and allow the existing detached garage to maintain the existing side yard setback between the garage and side lot line, in order to construct an addition on the rear of the home, and any required building code requirements would be required to be complied with that this variance creates.

It was moved by Council Member Bouley and seconded by Council Member Polovitz that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-08, dated May 15, 2000 and totaling $1,413,833.30, 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 Klave 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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

TABLE REQUEST FROM GRAND FORKS SERTOMA CLUB
FOR CONTRIBUTION FOR 4TH OF JULY CELEBRATION
The city auditor reported that they have received on the item requesting contribution for 4th of July celebration from the Grand Forks Sertoma Club, a letter from the Sertoma Club stating that after careful consideration the Greater Grand Forks Sertoma Club wishes to withdraw their request for $10,000 to support the celebration of the National 4th of July holiday.

Council Member Hamerlik moved to table this item indefinitely; Council Member Babinchak seconded the motion. Carried 13 votes affirmative.

APPROVE EVENTS ON CITY STREETS AND SIDEWALKS
DURING 2000 PRAIRIE ROSE STATE GAMES ON JULY 7-9

Committee No. 2, Public Safety, reported having considered the requests for events on city streets and sidewalks during 2000 Prairie Rose State Games on July 7, 8 and 9, 2000, and recommended approval subject to city attorney’s review.

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.

APPROVE APPLICATION FOR CARNIVAL ON MAY 17-29,
AT SOUTH FORKS PLAZA PARKING LOT, AND WAIVER
OF FEE

Committee No. 2, Public Safety, reported having considered the application from the Schoeppner Shows to hold carnival on May 17-29, 2000 on South Forks Plaza parking area, and waive of fee (to United Way), and recommended approval subject to review by city attorney, police, fire and health departments and approval that fee be waived.

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.

AUTHORIZE POLICE DEPARTMENT TO PURSUE CHARGING
FOR SERVICES DURING MOVING OF BUILDINGS

Committee No. 2, Public Safety, reported having considered the matter of charging for traffic control by police department during moving or relocation of buildings, and recommended approval that the police department pursue charging for services during moves, upon review of the city attorney.

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.

APPROVE GRANT AGREEMENT WITH NORTH DAKOTA
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of Health Alert Network Satellite Downlink System grant agreement with North Dakota Department of Health, May 1, 2000 to June 30, 2000, $9,220.00, and recommended approval of the Health Alert Network Satellite Downlink System grant agreement with the North Dakota Department of Health, May 1, 2000 to June 30, 2000, and associated budget amendment for $9,220.00.
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, 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 Health Department for budget amendment to reflect new 2000 revenue from Health Alert Network Grant in the amount of $9,220.00, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 13 votes affirmative.

A request from the Police Department for budget amendment in the amount of $2,311.39 to cover unexpected increase for new radio system purchase, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5155, DISTRICT NO. 134

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5155, District No. 134, street lights in Rivers Edge Phase II, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and 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. 7967 - 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.

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO. 5155, DISTRICT NO. 134

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5155, District No. 134: Document No. 7968 - 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 OF NECESSITY, STREET LIGHTING
PROJECT NO. 5155, DISTRICT NO. 134

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7969 - 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 CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5154, DISTRICT NO. 133

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5154, District No. 133, street lights in Country View 1st Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and 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. 7970 - 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.

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO. 5154, DISTRICT NO. 133

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5154, District No. 133: Document No. 7971 - 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 OF NECESSITY, STREET LIGHTING
PROJECT NO. 5154, DISTRICT NO. 133

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7972 - 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.

ACCEPT BID FOR PROJECT NO. 4371, REACTOR BASIN
ROOF STRUCTURES, WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of bids for reactor basin roof structures, Wastewater Treatment, City Project No. 4371, and recommended that we acknowledge error in bid of Wanzek Construction and allow them to withdraw their bid.

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.

Committee No. 3, Public Service, reported having considered the matter of bids for reactor basin roof structures, Wastewater Treatment, City Project No. 4371, and recommended to accept the bid of Peterson Construction for $1,409,450 for Alternate B.

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 ORDERS, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of change orders, Public Works Facility Renovation, Project No. 4822, #G-6, General Construction, Diversified Contractors, and recommended approval of net (deductive) change order in the amount of $438.00.

Committee No. 3, Public Service, reported having considered the matter of change orders, Public Works Facility Renovation, Project No. 4822, #G-8, Mechanical Construction, C.L.Linfoot Company, and recommended approval of change order in the amount of $351.00 to remove a fan from original location to roof.

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

APPROVE SOUTHEND WATER TOWER PAINTING

Committee No. 3, Public Service, reported having considered the matter of southend water tower painting, and recommended that the City authorize a non-standard water tower to highlight any golf course modifications or advertising, subject to the approval of the engineering department.

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 AMENDMENT NO. 7 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 4895

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 7, English Coulee Diversion Utility Relocations, Flood Protection In-Kind Services, engineering agreement, Greater Forks Engineering Group, City Project No. 4895: a) Forcemain Relocation, Project No. 4814, and b) Water System Modifications, Project No. 4816, and recommended to approve Amendment No. 7 in an amount not to exceed $11,471.00 for Project No. 4814 and $13,165.00 for Project No. 4816.

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 SIDEWALK LIST NO. 2, PROJECT NO. 5103

Committee No. 3, Public Service, reported having considered the matter of sidewalk repair/construction List No. 2 for Project No. 5103, 2000 Sidewalk Repairs, and recommended to approve Sidewalk List No. 2.

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 PROJECT CONCEPT REPORT, PROJECT NO. 5148

Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for Project No. 5148, Intersection Improvements at 32nd Avenue South/South 34th Street and 32nd Avenue South/South 38th Street, 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 TWO-WAY AGREEMENT FOR PAVING ON
PORTION OF NORTH 48TH STREET, PROJECT NO. 5173

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for Project No. 5173, temporary paving North 48th Street from Gateway Drive to Strata Park, and recommended to authorize entering into the two-way agreement with Strata Corporation.

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 NO. 2 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5048, PAVING 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2, construction administration, CPS, Project No. 5048, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue from South 42nd to South 35th Street and 11th Avenue South from 40th to 42nd Street, and recommended to approve Amendment No. 2 in an amount not to exceed $718,231.50.

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 PLANS AND SPECIFICATIONS FOR PROJECT
NOS. 5029 AND 5169, UTILITIES IN PERKINS 5TH ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 5029 and 5169, sanitary sewer and watermain in Perkins 5th Addition, and recommended to approve plans and specifications based on final comments of the engineering department, and further that the developer provide the City with record drawings.

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 PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5165, PAVING PORTION OF 36TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5165, paving 36th Avenue South from 20th to 25th Street, and recommended to approve the plans and specifications subject to final review by the engineering department.

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.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5126, PAVING DISTRICT NO. 580

The city engineer’s estimate of total cost of the construction of paving in Kannowski Addition, in the amount of $598,922.62, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5126, District No. 580, paving in Kannowski Addition, 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.

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. 7973 - 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.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5003, PAVING DISTRICT NO. 566

The city engineer’s estimate of total cost of the construction of paving 36th Avenue South from Columbia Road to 30th Street, in the amount of $124,710.07, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5003, District No. 566, paving 36th Avenue South from Columbia Road to 30th Street, 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.

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. 7973.1 - 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.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5005, PAVING DISTRICT NO. 567

The city engineer’s estimate of total cost of the construction of paving Balsam Circle and 36th Avenue South from 34th to Balsam Circle, in the amount of $123,428.55, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5005, District No. 567, paving Balsam Circle and 36th Avenue South from 34th to Balsam Circle, 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.

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.

3ouncil Member Klave introduced the following resolution which was presented and read: Document No. 7973.2 - 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 CHANGE ORDER FOR WATERMAIN
PROJECT NO. 5072

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5072, watermain on Gateway Drive from 42nd to 47th Streets and from 53rd to 55th Streets, Change Order No. 1, and recommended to approve deductive change order in the amount of $53,130.00 for Wagner
Construction, Inc.

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. 5048,
DISTRICT NO. 563, PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5048, Phase I, District No. 563, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue South from 35th to 42nd Streets, and 11th Avenue South from 40th to 42nd Streets, Change Order No. 1, and recommended to approve deductive change order No. 1 in the amount of $305,119.20 for Nodak Contracting, Inc.

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. 4824.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4824.2, Mill and Overlay Streets City-Wide Phase II, Change Orders Nos. 3 and 4, and recommended to approve Change Orders Nos. 3 and 4, with no dollar change.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4684

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4684, Pump Station No. 33, general contract, Change Order No. 3, and recommended to approve Change Order No. 3 in the amount of $152.45 for Construction Engineers.

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. 4861

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4861, Sanitary Sewer Restoration Area 1, Change Order No. 6 in the amount of $3,795.00 for Molstad Excavating, Inc.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4927

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4927, Sanitary Sewer and Forcemain on 55th Avenue South from Columbia road to Pump Station No. 40, Change Order No. 5F, and recommended to approve a deductive Change Order No. 5F in the amount of
$12,280.00 for Molstad Excavating.

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 ORDERS FOR PROJECT NO. 4983

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4983, Pump Station No. 27 Replacement, electrical contract, Change Order No. 2, and recommended to approve Change Order No. 2 in the amount of $2,705.00 for Hanson Electric of Bemidji, Inc.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4983, Pump Station No. 27 Replacement, general contract, Change Order No. 2, and recommended to approve Change Order No. 2 in the amount of $2,282.00 for Industrial Contract Services, Inc.

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

APPROVE LEASE PAYMENTS FOR PROJECT NO. 4669

Committee No. 3, Public Service, reported having considered the matter of lease payments for Project No. 4669, and recommended to approve lease payments: Albert Johnson, Lyle Johnson and Allan Thompson, $13,000; Art Greenberg, Jr., $4,000; and Gregory, Guy, Tim and Kevin Useldinger, $1,100.

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 IMPLEMENTATION OF VEHICLE MAINTENANCE
AND INVENTORY SOFTWARE

Committee No. 3, Public Service, reported having considered the matter of vehicle maintenance and inventory software implementation, and recommended to implement the New World Systems software by implementing the vehicle maintenance and inventory software, and to approve the budget amendment in the amount of $20,000 to fund the upfront costs.

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

Council Member Lucke stated he didn’t see any opportunity for any cost savings, saw $20,000 cost and wasn’t convinced there was any savings in the future.

Council Member Bakken stated they have instructed staff to try to find ways to save money and if find a way to do it we would support them, and that in the transportation industry a tracking system is very important in the maintenance of vehicles as it helps in reordering vehicles and components as have exact knowledge of what that particular piece of equipment is costing, etc. and believes there will be a cost savings in the future if the software is utilized and all the information entered.

Upon call for the question and upon voice vote the motion carried

APPROVE PROJECT CONCEPT REPORT FOR PROJECT NO.
4901, LIGHTING ENGLISH COULEE BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for lighting of English Coulee, Project No. 4901, Lighting English Coulee Bikepath from 6th Avenue North 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.

Al Grasser, asst. city engineer, stated that once the Concept Report is approved, the DOT will have to sign off on that, and go through a consultant selection who will do plans and specifications, go out for bids, probably be constructed next summer.

Earl Haugen reported that the council had passed a motion approx. two years ago that UND pay the lighting costs and since that the Bikeway Committee, Public Service Committee hired a consultant to do the project concept report to identify what the costs are, do preliminary design, that the Mayor’s Office communicated with UND to see if there was any arrangement that could be worked out and bring back to city council for consideration or whether there was another way this could happen and that’s what before council tonight - another arrangement where UND is furnishing minor maintenance of the path, providing us with easements for lighting and also observing the light standards, inspecting them on no-cost basis, their cost to do the minor maintenance is approx. $3,000 as annual est. cost. He stated that the Bikeway Committee felt that the maintenance of the light standards is normal maintenance item for bikeway development as they have a maintenance fund and they would allocate resources from their maintenance fund towards the light standards and is est. to be $3,700 annually.

The City Bikeway Committee reported having considered the matter of the English coulee Bikepath Lighting Project Concept Report, and recommended the City of Grand Forks approve the English Coulee Lighting Project Concept Report subject to energy costs being funded with Bikeway funds and UND granting a construction easement, monitoring fixtures, mowing, etc.

Council Member Babinchak stated that for future years the Bikeway Funds will be paying maintenance costs for this bikeway for lighting and maintenance, and questioned what happens if another area comes in and wants lighting and maintenance, and funds not available. Mr. Haugen stated that the lights and maintenance of the lights is coming from the Bikeway Maintenance Fund, minor maintenance of snow removal, trimming and monitoring the lights is coming from UND sources.

Council Member Klave stated that Bikeway has a maintenance budget that’s strictly devoted to maintenance and if new construction or additions to a bikeway, monies do not come out of that maintenance budget to construct new paths, and are only there for repairs of existing. Mr. Haugen stated that used to be correct and within the last year there was a Bike Development Fund, a Bike Maintenance Fund and all have now been consolidated into one Bike Development Fund and $25,000 is annually secured through the sales tax for maintenance and if there is bike development construction of new paths, those funds are put into the Bike Development Fund for bikeways.

Council Member Glassheim stated that his understanding is there’s about $25,000 -27,000 for maintenance, and the Bikeway Committee moved to obligate about $2 to $4,000 depending on cost to the electricity and the maintenance out of that annual amount that you already give, the discussion also was this is very unusual in that the construction of it was with significant federal dollars and not likely to be repeated in a lot of neighborhoods, and that UND is committing to provide services which a lot of neighborhoods would not commit to provide as well as an easement that they are committing and services which have essentially cash value, that this is not necessarily a precedent, if it’s well received and 5 years from now the council then believes there should be more lighted projects, that’s up to them, but not a precedent for every neighborhood that wants the same thing, there would have to be significant federal funds to put them in, and willingness to do work and maintenance on behalf on the part of the neighborhood which is what UND is doing and there is a difference between that.

It was moved by Council Member Glassheim and seconded by Council Member Beyer to substitute the motion of the Bikeway Committee for the Public Service Committee recommendation. Upon voice vote, the motion carried.

ACCEPT BID FOR PROJECT NO. 5149, SIDEWALKS IN
CONGRESSIONAL SUBDIVISIONS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5149, sidewalks in Congressional Subdivisions, and recommended to accept the low bid of Opp Construction in the amount of $234,940.00.

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 CONSTRUCTION OF PAVING PROJECT
NO. 5157, PAVING PORTION OF SOUTH 34TH STREET

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5157, paving South 34th street from 32nd to 36th Avenues South, and recommended to accept the low bid of Opp Construction in the amount of $376,170.34.

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 ORDERS, PROJECT NO. 5086

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 5086, Baling Facility: Change Order No. 5, Construction Engineers, $3,346.00, and Change Order No. 3, Samson Electric, $5,774.55; and recommended to approve the change orders.

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 PROPOSALS OF EASTER SEALS/GOODWILL
AND HABITAT FOR HUMANITY

Committee no. 4, Urban Development, reported having considered the matter of Easter Seals/Goodwill and Habitat for Humanity proposals, and recommended to approve Easter Seals/Goodwill and Habitat for Humanity’s concept to deeding them a house to be moved and a dry-side lot and request that staff work out the details and bring it back to this committee.

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

AWARD BID FOR RESIDENTIAL DEMOLITION, PACKAGE
#15

Committee No. 4, Urban Development, reported having considered the matter of award for residential demolition bid package #15, and recommended not to open Mike Bell bid and to award to lower bidder Gowan Construction in the amount of $38,500 for the demolition of 1816 and 1822 North 4th (foundation, garage slab, drives and walks), 57 4th Avenue South, 1432 Belmont, 1614 Lewis, 7, 212 and 217 Euclid, 617 Plumb, 5 Lincoln, 105 Park Avenue, 121 Park Avenue (foundation, garage slab, drives and walks), 1648 Riverside, 213 Cottonwood and 1923 5th Avenue North.

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

Committee No. 4, Urban Development, reported having considered the matter of cost matrix change orders, and recommended to approve cost matrix transfers as outlined.

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

AUTHORIZE GRANTING OF SHORT TERM LEASES AFTER
CLOSING OF LEVEE ACQUISITION

Committee No. 4, Urban Development, reported having considered the matter of levee acquisition owner occupancy after closing, and recommended to amend the previous motion to authorize the granting of a 30-day short-term lease after closing, free of charge through day 14 and establish the fee ratio used in Phase IV for a full 30-day lease price for 15 or more days, renewable with staff authorized to make minor modifications on a case by case basis.

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

APPROVE BUDGET AMENDMENT

A request from Urban Development to transfer $511,084 from 1999 cash carryover to Growth Fund line item (contingencies) was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 13 votes affirmative.

DISBAND CONGRESSIONAL MANAGEMENT COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of Congressional Management Committee, and recommended to thank the Congressional Management Committee for their work and disband the committee.

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

APPROVE RESIDENTIAL LOT DISPOSITION POLICY

Committee No. 4, Urban Development, reported having considered the matter of residential lot disposition policy: 1) non-residential lots; and recommended the following non-residential lots be deeded to the JDA: 317 North 3rd, 410 South 3rd, 209 and 211 North 6th Street and 517, 519 and 521 University Avenue.

CommitteeNo.4, Urban Development, reported having considered the matter of residential lot disposition policy: 2) non-conforming lots; and recommended to declare the following non-conforming lots surplus: 407, 814 and 818 North 4th Street, 311 5th Avenue North, 309 North 7th Street and 317 8th Avenue North and that those lots plus the following list be put up for sale with a minimum bid of $100: 519 2nd Avenue South, 316 4th Avenue North, 1501 North 4th street, 622 and 1502 6th Avenue North, 317 North 6th Street, 313 7th Avenue North, 518 and 632 North 7th Streets, 117 and 315 9th Avenue South, 916 North 15th Street, 905 Chestnut, 322 Cottonwood, 21 Fenton, 411 Franklin, 511 Gertrude and 602 Walnut.

Committee No. 4, Urban Development, reported having considered the matter of residential lot disposition policy: 3) non-developable lots; and recommended to hold onto the following lots into the indefinite future pending their removal from the floodplain: 315, 320 and 324 15th Avenue South, 617, 623, 701 North 24th Street, 922 North 25th Street, 1424, 1432, 1502 and 1510 Belmont Road, 1424, 1428, 1432, 1506, 1513, 1515, 1517, 1508, 1510, 1512, 1514, 1516, 1518 and 1505 Chestnut , 410, 416 and 422 Walnut Place, 1431, 1425, 1504, 1506, 1508, 1510, 1512, 1514, 1516, 1517, 1513, 1511 and 1509 Walnut.

Committee No. 4, Urban Development, reported having considered the matter of residential lot disposition policy: 4a) developable lots; and recommended to hold the following developable lots, pending proposals to be brought back to committee at a future date: 1312 2nd Avenue North, 413 2nd Avenue South, 901 and 1815 North 3rd Street, 1522 4th Avenue North, 220, 623, 701 and 709 4th Avenue South, 410, 418, 505, 507, 508, 510, 521, 523, 617, 715, 724, 1015, 1816, 1822, 1823, 1824, 1826 and 1829 North 4th Street, 402, 412, 510, 512 and 614 South 4th Street, 623 5th Avenue south, 420, 711, 735, 1514 and 1616 North 5th Street, 609 and 615 South 5th Street, 1322 6th Avenue North, 626 6th Avenue South, 623, 815 and 1620 (two parcels) North 6th Street, 521 South 6th Street, 1315 7th Avenue North, 621 7th Avenue South, 1422 and 1501 8th Avenue North, 807 South 9th Street, 1615 10th Avenue North, 901 13th Avenue South, 405 alpha Avenue, 421, 523, 608 and 1006 Cherry Street, 104, 206 and 728 Chestnut Street, 28, 30 and 116 Conklin Avenue, 9 E. Conklin Avenue, 202, 218, 222, 317, 401, 403, 420 521 and 523 Cottonwood Street, 3011, 3012, 3016, 3022, 3026, 3104 and 3108 E. Elmwood, 1602, 1614 and 1628 Lewis Blvd., 512, 802 and 905 Oak Street, 1004 and 1512 University Avenue, 102, 207, 209, 214, 217,
701 and 1423 Walnut Street.

Committee No. 4, Urban Development, reported having considered the matter of residential lot disposition policy: 4b) developable lots, and recommended to declare 3412 6th Avenue North, 3110 South 10th Street, 624 and 812 North 25th Street, 1527 Chestnut Place, 515 Park Drive and 904 Sunset Drive surplus to be sold at 80% of current market value as determined by the city assessor’s office and come back to committee at a future date with actual authorization to bid.

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

Council Member Hamerlik reported they had received revised copies of the minutes relative to these articles and asked what the changes are in the revised minutes other than the fact that the words “surplus” was deleted. It was noted that on item 4) there was a large list of lots and on item 4b) was a listing of lots that was going to be offered at 80% of the value with a duplication of lot numbers which were deleted. He also stated that he thought that they should be selling some lots, that he sees a need to have some for historical purposes and no problem with allowing lots for Easter Seals/Goodwill and Habitat for Humanity, but have all these lots and people are willing to buy them and we are holding them indefinitely; and that City has to maintain these properties, administrative costs, but should reduce our inventory on lots.

Council Member Beyer stated they would release as time is appropriate, that non-conforming lots were relatively easy but until they get the historic homes moved, should hold those lots.

After further discussion it was moved by Council Member Hamerlik to amend the motion to actively seek a reduction in inventory of our lots; Council Member Martinson seconded the motion. Carried 13 votes affirmative.

Mr. Swanson, city attorney, reported that his office has reviewed the list that was presented to the committee and have found a number of properties where his office has questions either as to the address is proper or whether they may have been acquired with FEMA funds, so whatever action council takes tonight will be ultimately determined in accordance with federal regulations on the disposition of the property.

Upon call for the question on the motion as amended, and upon voice vote, the motion carried 13 votes affirmative.

APPROVE FINAL 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 final approval of the Replat of Lot 2, Block 1, Perkins Second Addition to the city of Grand Forks, North Dakota (located 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 final approval of the request subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF MATEJCEK’S FIRST
SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Grand Forks Humane Society and Frank and Lucy Matejcek for preliminary approval of the plat of Matejcek’s First Subdivision to the city of Grand Forks, North Dakota (located in the 4400 block of Highway 81 North), and recommended preliminary approval of the request subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 5, 2000.

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

Council Member Hafner introduced 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 dedicate don the plat of Matejcek’s First Subdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION CHANGING NAME OF CHESTNUT
PLACE TO EVERGREEN DRIVE
The Planning and Zoning Commission reported having considered the matter of the request from Brian Kristjanson on behalf of the property owners along Chestnut Drive for approval to change the street name from Chestnut Drive to Almond Drive, and recommended approval of the street name change from Chestnut Drive to Evergreen Drive.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7974.

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

DEFEAT RECOMMENDATION THAT A HIGH AND DRY
PEDESTRIAN BRIDGE BE CONSTRUCTED IN THE
SAME LOCATION AS THE N.P. BRIDGE

The City Bikeway Committee reported having considered the matter of the replacement bridge for N.P. bridge, and recommended that a high and dry pedestrian bridge be constructed in the same location as the N.P. Bridge.

It was moved by Council Member Glassheim and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon cal for the question and upon voice vote, the motion was defeated.

OPEN BID ON SIGNAGE AT THE EVENTS CENTER AND
REFER BACK TO COMMITTEE

The Events Center Core Committee reported having considered the matter of signage package bids, and recommended that we deny and send back the bid from Synery Sign for bid package 9, contract category 50, unopened.

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

The Events Center Core Committee reported having considered the matter of signage package bids, and recommended that we waive the minor irregularities in the Cook Sign company bid and open it.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Brooks voted against the motion.

The city auditor reported that the contractor’s license and certificate of license and bid bond were included, and opened the bid in the amount of lump sum fixed price to complete all the work of $1,007,175.00, and an itemized bid breakdown and this is to be referred back to staff and Compass Management to come back with recommendation.

INTRODUCE ORDINANCE CREATING THE GRAND FORKS
EVENTS CENTER COMMISSION

The Events Center Core Committee reported having considered the matter of ordinance creating an independent commission, and recommended that we adopt the ordinance for the development of the commission according to the draft handed out and the revisions we made regarding the name of the group, the budget deadline, contract limitations, and other issues.

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

Mr. Swanson reported that there are a number of entities that the city council has created that he has reviewed in formatting the ordinance, it is unique unto itself as to the authority and powers, etc. but is consistent with the format and some of the provisions from the DDC, the Parking Authority, the City Center Mall Authority, the JDA, and all were consulted for models; and also reviewed other communities
(Fargo, Mankato, etc. and information from Idaho, California, etc.)

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

Council Member Klave introduced an ordinance entitled “An ordinance enacting Article 2 of Chapter XXIV of the Grand Forks City Code relating to the Events Center Authority”, which was presented, read and passed on its first reading.

RECEIVE AND FILE 1999 ACTUARIAL REPORT

The Pension and Insurance Committee reported having considered the matter of 1999 Actuarial Report, and recommended that the council receive and file the report and authorize payment of the budgeted amount of $968.425.00.

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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE REVISED PROPOSED CIP REFLECTING
AGREEMENTS BETWEEN RIVERSIDE NEIGHBORHOOD
AND THE PARK DISTRICT THAT AN AGREEMENT BE
BROUGHT BACK RE. TRANSFER OF LAND AND MITIGATION
OF THE RIVERSIDE PARK POOL

The Flood Protection Committee reported having considered the matter of mitigation of the Riverside Pool (Greenway Budget), and recommended approval of the revised proposed CIP reflecting the agreements between the Riverside neighborhood and the Park District and that the understanding be that at the May 31 meeting that an agreement between the Park District and the City will be brought back relating to the transfer of land and the mitigation of the Riverside Park pool.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE ENGINEERING AGREEMENT FOR GREENWAY
PROJECT NO. 5172

The Flood Protection Committee reported having considered the matter of engineering agreement for Greenway cleanup, Phase I, Project No. 5172, CPS, Ltd., and recommended approval of the engineering agreement for greenway cleanup, Phase I, Project No. 5172, with CPS, Ltd. in a not to exceed amount of $92,643.50.

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

RECEIVE AND FILE MATTER OF SALE OF PROPERTY
AT 235 NORTHRIDGE HILLS COURT

The Flood Protection Committee reported having considered the matter of the sale of the 235 Northridge Hills Court (William Haug home), and recommended to receive and file the request.

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

DECLARE CERTAIN HOUSES AS SURPLUS

The Flood Protection Committee reported having considered the matter of Flood protection Project Surplus Houses, and recommended to declare 103 Grassy Hills Lane, 120 Spruce Court, 2423 and 3134 Olson Drive, 3205, 3312, 3315 and 3401 E. Elmwood Drive, 3723 Belmont Court, 9 and 17 Euclid Avenue surplus and be let to bid for removal with a minimum bid of $3,000 on those with a structure value of less than $100,000 and 20% of structure value on those over $100,000 in value.

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

MATTER OF GREENWAY GOVERNANCE

The Flood Protection committee reported having considered the matter of Greenway Governance (Red River Renaissance Proposal), and recommended to approve the Red River Renaissance governance concept for the greenway as an authority created under an ordinance of the City of Grand Forks and request the city attorney to draft the ordinance to create.

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

Council Member Hafner stated that a memo had been distributed to council re. the budget and formation of a renaissance, and that the next step to this matter would be to introduce an ordinance at their next meeting, that there may be some things they wish to amend in the future, request from the Friends of the Greenway to be part of the Board, which might be appropriate, and the other would be to specify the possible role of the Office of Urban Development.
Bob Seabloom, 419 17th Avenue South, stated he was representing himself but that he is a member of the board of the Friends of the Greenway which is an organization set up to support greenway activities and to secure funding and to be generally supportive at the citizens level, that they have approx. 200 members including about 40 corporate members and that they cover both Grand Forks and East Grand Forks, that they have been involved in a number of lobbying activities, in fund raising and other activities supporting and pertaining to the greenway, and one of their main priorities has been pushing through the matter of governance, and feel that this is a major step in making the greenway work, and that there are other organizations and agencies waiting for a governance structure to be established and they will step in providing support and additional funding. He urged the council to approve this matter as expeditiously as possible and urged strong consideration to citizen representation on the Board involving the Friends of the Greenway, that this group has been very active since its inception and continue to be active and feel they would be an appropriate organization to have some representation on the governance board.

Mr. Swanson reported he met with Lisa Dressler and discussed the governance portion of this and after that meeting began drafting an ordinance establishing the governance and anticipates that it will be available for distribution but in rough form as there are a number of details that need to be addressed, specifically on the powers or authorities of the governance body.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

AUTHORIZE PURCHASE PROCESS TO ACQUIRE
PROPERTY AT 210-214 GERTRUDE AVENUE

The Flood Protection Committee reported having considered the matter of purchase of Viking Electric, and recommended to authorize the purchase process to acquire the Viking Electric property at 210-214 Gertrude Avenue.

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

Council Member Beyer reported she had received a call from the attorney for Viking Electric relative to length of time that Viking Electric would be allowed to stay at that location - in Phase III and allowed to stay for 2 ½ to 3 years and planned accordingly, and now told that he has to vacate and are concerned.

COUNCIL MEMBER POLOVITZ EXCUSED

Council Member Beyer asked of staff that they meet with attorney and representatives of Viking Electric relative to this matter.

Mike Yavarow, engineer, stated that the temporary dike that was installed east of the Viets and Viking Electric had to be removed about a week ago due to the results of the Corps that the slip plains were in the area, the temporary emergency levee extends down to the north of the Veits and hope is that the temporary levee can be extended before next spring down to the water tank and that’s the intent of initiating the acquisition process with Viking Electric, that every year we get high water the dike is put in and removed and this is an attempt to put in a more permanent interim levee; the levee would put Viking Electric on the wet side of the dike.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
APPROVE APPOINTMENTS TO MAYOR’S COMMITTEE
ON EMPLOYMENT OF PEOPLE W/DISABILITIES

Mayor Owens announced the appointment of Tommy Graham to the Mayor’s Committee on Employment of People with Disabilities for a one year term. It was moved by Council Member Hamerlik and seconded by Council Member Beyer to approve the appointment. Carried 12 votes affirmative.

APPROVE APPOINTMENTS TO THE BOARD OF
ADJUSTMENTS

Mayor Owens announced the appointment of Kent Anderson, Del Scholler and Neil Medly to the Board of Adjustments each for a term of three years. It was moved by Council Member Hamerlik and seconded by Council Member Beyer to approve the appointments. Carried 12 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summary - Regular Estimate Summary, $76,229.56.

It was moved by Council Member Martinson and seconded by Council Member Babinchak 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Bouley presented the matter of status of Viets Hotel, which was referred to the Urban Development Committee.
2) Council Member Hamerlik presented the matter of status of voting equipment for council chambers, which was referred to the Finance Committee.
3) Council Member Hamerlik stated that the annual meeting between Civil Service Commission and the city council had been scheduled with two items on the agenda, market analysis and the temporary employee committee; however, today they received a third item - pie-style benefits, and that his concern is that two of the items aren’t in final status for the meeting, and asked if they could postpone that meeting for several weeks so have more information for discussion. He also stated that employees were waiting for them to act and need to move forward. Council Member Beyer stated disappointment with the Wage Report, that they were supposed to be done December 30. Council Member Hafner stated that they didn’t get information that they asked for, that they didn’t ask for a wage study but asked for market report. Mayor Owens stated they will hold the Civil Service Commission meeting until a later date.
4) Council Member Babinchak presented the matter of standard policy on overtime for employees, which was referred to the Mayor’s Office and to Human Resources.

Mr. Henry Valder stated he would like to comment regarding the basic truth behind all anti-discrimination laws, that all people have the right to live free from discrimination and to expect and trust that they and their families will be protected by these laws; that North Dakota is one of the only states in the Union that doesn’t have a human rights commission; and literature that he presented is from Washington State and in the literature it talks about service animals. He stated that in this town alone in the last year he was not allowed in specific areas with his service animal; and would appreciate the council taking this under consideration and believes they can establish a human rights commission.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
____________________________________
Patricia A. Owens, Mayor