City of Grand Forks, North Dakota

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17059
June 19, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 19, 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, June 19, 2000 at the hour of 7:30 o’clock p.m. with President Carpenter presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Babinchak, Hafner, Martinson - 12; absent: Council Members Klave - 1.

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

COUNCIL MEMBER BEYER REPORTED PRESENT

APPROVE MINUTES JUNE 5, 2000

Typewritten copies of the minutes of the regular city council meeting held on Monday, June 5, 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 13 votes affirmative.

Howard Swanson, city attorney, reported that under both State law and the Grand Forks City Code this council is not able to give final approval to a second reading of an ordinance at its last meeting, and it is, therefore, his recommendation that items relating to ordinances be tabled to the next regularly scheduled council meeting on July 3, 2000.

TABLE MATTER OF SECOND READING OF ORDINANCE
RELATING TO ESTABLISHMENT OF A PUBLIC ENTERPRISE
KNOWN AS THE RED RIVER RENAISSANCE

An ordinance entitled “An ordinance enacting Article 3 of Chapter XXIV of the Grand Forks city Code relating to the establishment of a public enterprise known as the Red River Renaissance”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading.

It was moved by Council Member Brooks and seconded by Council Member Hafner to table second reading of this ordinance to July 3, 2000. Carried 13 votes affirmative.

TABLE MATTER OF SECOND READING OF ORDINANCE
RELATING TO INCREASING TRAFFIC FINES

An ordinance entitled “An ordinance amending Section 8-1503 relating to penalties for specified traffic and motor vehicle offenses, Section 9-0503 relating to penalties for specified criminal offenses, and Section 11-0112 relating to the fee for impounding animals at large”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading.

It was moved by Council Member Brooks and seconded by Council Member Hafner to table second reading of this ordinance to July 3, 2000. Carried 13 votes affirmative.
TABLE MATTER OF SECOND READING OF ORDINANCE
RELATING TO ANIMAL PICKUP FINE INCREASE

An ordinance combined with the above ordinance, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration second reading.

It was moved by Council Member Brooks and seconded by Council Member Hafner to table second reading of this ordinance to July 3, 2000. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5003, DISTRICT NO. 566

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 566, Project No. 5003, paving on 36th Avenue South from Columbia Road to South 30th Street, had expired on June 8, 2000, and that he had received no written protests.

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

Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 7982 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Brooks that we do hereby find and determine an insufficiency of protest against Paving District No. 566, Project No. 5003, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5003, DISTRICT NO. 566

The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 12, 2000 for Paving Project No. 5003, District No. 566, paving of 36th Avenue South from Columbia Road to South 30th Street, indicating that Opp Construction, LLC was the low bidder based upon their bid in the amount of $104,858.45: Document No. 7983 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5003, District No. 566, in the amount of $133,200.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5003, District No. 566, paving 36th Avenue South from Columbia Road to South 30th Street, and recommended to accept the low bid of Opp Construction, L.L.C. in the amount of $104,858.45.

It was moved by Council Member Hafner and seconded by Council Member Lunak 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. 7984 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Lunak that this resolution awarding the contract for Paving Project No. 5003, District No. 566, to Opp Construction, L.L.C. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5005, DISTRICT NO. 567

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 567, Project No. 5005, paving Balsam Circle and 36th Avenue South from South 34th Street to Balsam Circle, had expired on June 15, 2000, and that he had received no written protests.

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

Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7985 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Paving District No. 567, Project No. 5005, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5005, DISTRICT NO. 567

The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 12, 2000 for Paving Project No. 5005, District No. 567, paving Balsam Circle and 36th Avenue South from South 34th Street to Balsam Circle, indicating that Opp Construction, LLC was the low bidder based upon their bid in the amount of $107,515.60: Document No. 7986 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5005, District No. 567, in the amount of $136,600.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5005, District No. 567, paving Balsam circle and 36th Avenue South from South 34th Street to Balsam Circle, and recommended to accept the low bid of Opp Construction, L.L.C. in the amount of $107,515.60.

It was moved by Council Member Hafner and seconded by Council Member Bakken 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. 7987 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Bakken that this resolution awarding the contract for Paving Project No. 5005, District No. 567, to Opp Construction, L.L.C. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5126, DISTRICT NO. 580

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 580, Project No. 5126, paving in Kannowski’s First Addition, had expired on June 15, 2000, and that he had received no written protests.

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

Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7988 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that we do hereby find and determine an insufficiency of protest against Paving District No. 580, Project No. 5126, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5126, DISTRICT NO. 580

The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 19, 2000 for Paving Project No. 5126, District No. 580, paving in Kannowski’s First Addition, indicating that Urban Contracting, L.L.C. was the low bidder based upon their bid in the amount of $484,170.00: Document No. 7989 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5126, District No. 580, in the amount of $614,900.00, was presented and read.

Al Grasser, assistant city engineer, reported that construction bids were opened today for Project No. 5126, District No. 580, paving in Kannowski’s First Addition, and recommended to accept the low bid of Urban Contracting, L.L.C., Fargo, in the amount of $484,170.00.

It was moved by Council Member Lucke and seconded by Council Member Hafner to accept the low bid of Urban Contracting, L.L.C. in the amount of $484,170.00. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7990 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5126, District No. 580, to Urban Contracting, L.L.C. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.

REPORTS OF OFFICERS

The city auditor’s statement of changes in cash balances as of May 31, 2000, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Beyer that this report be and is hereby received and filed. 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, June 1, 2000, that notice had been published as required and that the following appeals were heard: 1) Jon and Diane Dorner, 2020 6th Avenue North, request for a variance to the impervious surface area coverage requirement in order to build a detached garage, variance approved allowing up to 55% impervious surface area coverage on the property to construct a detached garage; 2) David Leonardi, 624 5th Avenue south, request for variance to the sideyard setback and impervious surface area coverage requirements in order to build an addition to the home, variance approved to allow a two foot sideyard setback in order to construct an addition to the house; 3) City of Grand Forks, Office of Urban Development, 216 South 3rd Street, request for variance to the floodproofing requirements in order to move a historic building to the site, variance approved allowing a building that may be moved to the site known as the Boomtown Building from South 3rd Street not to be elevated above the 100 year floodplain elevation due to its historical listing; and 4) Gregory J. and Lynette Norman, 208 Cleo Court, request for variance to the rear yard setback requirements to build an addition onto the rear of the house, variance approved to allow a rear year setback of 18 ft. in order to construct an addition to the house.

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

APPROVE BILLS

Vendor Payment Listing No. 00-10, dated June 19, 2000 and totaling $1,080,748.29, 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 Glassheim that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried and the bills ordered paid.

REFER ITEMS BACK TO COMMITTEE

President Carpenter asked it there were any items/ that the council wished to send back to committee for further consideration.

Council Members Hafner and Lucke asked that the matter of negotiating the engineering services agreement for the new landfill siting environmental impact statement (EIS), Project No. 5178, be referred back to committee for consideration at the July 10 committee meeting.

Council Members Lunak and Brooks asked that the matter of CDBG funded contract renewals, including special project coordinator, be referred back to committee to allow the new city council to consider this matter.

After considerable discussion and upon voice vote the motion was defeated.

APPROVE LEASE AGREEMENT WITH GREATER GRAND
FORKS SENIOR CITIZENS ASSN., INC.

Committee No. 1, Finance, reported having considered the matter of lease agreement with Greater Grand Forks Senior Citizens Assn., Inc., and recommended approval of a three-year lease agreement at $1.00 pending approval by the city attorney.

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

INTRODUCE ORDINANCE RELATING TO OATHS OF
MUNICIPAL OFFICERS

Committee No. 1, Finance, reported having considered the matter of oath of office for appointees to various committees, boards, commissions, and authorities, and recommended to adopt an ordinance with regard to an oath of office.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance repealing Sections 3-0602 through 3-0604 and adopting a new Article 1 to Chapter III of the Grand Forks City Code relating to the oaths of municipal officers.

ACCEPT LOW BID FOR DOCUMENT SCANNING
SOFTWARE

Committee No. 1, Finance, reported having considered the matter of consideration of bids for document scanning software, and recommended approval of the low bid from ISC in the amount of $13,871.00 for scanning software.

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

AUTHORIZE CONTRIBUTION FOR FORKS AREA SPORTS
ASSOCIATION FOR FACILITATING AND PROMOTING
SPORTS DEVELOPMENT

Committee No. 1, Finance, reported having considered the request from Forks Area Sports Association (FASA) for contribution for facilitating and promoting sports development (replace and expands focus of Gold Medalist Club), and recommended to deny request.

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

Larry Humble, 3378 Primrose Court, president of FASA, reported that the funding request for $5,000 is to help throughout the entire year and that this is an opportunity for the City of Grand Forks and money for sporting events is a great economic impact. He also reported that they received $300 from each of the 100+ business members of the Chamber of Commerce, $2,000 from the Convention & Visitors Bureau, trade-out with University of North Dakota, $300 plus use of facilities, and use of areas by Park District.
Bob Gustafson, Chamber of Commerce, spoke in support of the program and their request for funding..

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

It was moved by Council Member Glassheim and seconded by Council Member Martinson to fund $5,000 from cash carryover. Carried 13 votes affirmative.

CONSIDER MATTER OF DOWNTOWN ENTITIES AND
FUNDING

Committee No. 1, Finance, reported having considered the matter of downtown entities and funding, and recommended approval to refer the matter of parking assessment process to the Downtown Advisory board and those recommendations would come back to the Finance Committee along with the necessary ordinance changes drafted to dissolve the Parking Authority.

Committee No. 1, Finance, reported having considered the matter of downtown entities and funding and recommended to instruct the proper City officials to draft an ordinance that would dissolve the River Forks Commission contingent upon a similar action by the City of East Grand Forks.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these recommendations be and are hereby approved. Carried 13 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of downtown entities and funding and recommended approval of River Forks reserves going back to Grand Forks (83.3% and East Grand Forks 16.7%.

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

Council Member Glassheim stated that when he made the motion on River Forks to split the amount of money 83.3% and 16.7%, it was the committee’s impression that money already belonged to River Forks and did not require council action to be returned. Mr. Swanson stated that River Forks did not have authority to disband nor to liquidate its assets, could spend in normal course of business, and he determined that this was a liquidation of the entity which requires joint action by the cities of Grand Forks and East Grand Forks.

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

Committee No. 1, Finance, reported having considered the matter of downtown entities and funding, and recommended to return 50% of the Year 2000 River Forks allocation to the Economic Development Fund and that the remaining 50% be divided equally between the Urban Development Department and the Greenway.

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

Council Member Glassheim moved to amend the motion to read where it says 50% to Economic Development to amend to read 50% to City’s General Fund. The motion died for lack of a second.

The city auditor reported that the reason it was recommended that it go to the Economic Development Fund is that’s where the original $100,000 is budgeted and comes out of the economic development portion of sales tax and not out of the General Fund portion.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Members Hamerlik and Lunak voted against the motion.

DENY REQUEST FOR GUARDRAIL AT 411 7TH AVENUE
NORTH

Committee No. 2, Public Safety, reported having considered the matter of guardrail at 411 7th Avenue North, and recommended to deny the request for a guardrail and turn the issue over to the police department.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment for Communicable Disease in the amount of $6,000 to reflect a grant from the Tri-Valley Opportunity Council/Childcare Resource & Referral, was presented and read.

A request for budget amendment for Community Initiative Program (HL-15) in the amount of $1,263.00 to reflect Immunization Conference Revenue (registration and vendor fees) was presented and read.

A request for budget amendment by the Police Department in the amount of $10,738.70 from cash carryover to cover expenses incurred which exceeded purchase price received from sale of old impound building, was presented and read.
It was moved by Council Member Bouley and seconded by Council Member Martinson that these budget amendments be and are hereby approved. Carried 13 votes affirmative.

APPROVE CHANGE ORDER TO PROJECT NO. 5105,
TO REPAIR ALLEY IN 2600 BLOCK BETWEEN UNIVERSITY
AND 4TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of alley in the 2600 block between University and 4th Avenue North, and recommended to approve repair of the alley and that there be notation in the minutes or attachment stating that the recommended drainage was not preferred by the property owners to date in that location and in the event that in the future that alley deteriorates this is the City’s final out of pocket repair and next repair will be an assessment; and to approve change order No. 4 to Project No. 5105 in an amount not to exceed $12,000.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5105,
2000 ASPHALT STREET REPAIR FOR BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5105, 2000 Asphalt Street Repair, Change Order No. 3, for bikeway on South 20th Street, and recommended to approve Change Order No. 3 for the bikeway on 20th Street from Hansen Ford to the School at a cost not to exceed City’s share of $40,000, that on-going maintenance be 50-50 split between the City and the School District and that the School District fund crossing lights on 47th Avenue South.

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

APPROVE FACILITY PLAN REPORT, PROJECT NO. 4648

Committee No. 3, Public Service, reported having considered the matter of Facility Plan Report, Clearwell/Pump Station and associated transmission pipeline, City Project No. 4648, and recommended to receive and file the Facility Plan Report.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5145, DISTRICT NO. 579

The city engineer’s estimate of total cost of the construction of baling facility road paving in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for baling facility road paving, Project No. 5145, District No. 579, and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7991 - Resolution.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5086,
BALING FACILITY

Committee No. 3, Public Service, reported having considered the matter of change order for Baling Facility, Project No. 5086, Lunseth Plumbing & Heating, $6,508.00, and recommended to approve the change order.

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

APPROVE RESOLUTION CREATING ASSESSMENT
DISTRICT, STREET LIGHTING PROJECT NO. 5156,
DISTRICT NO. 135

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5156, District No. 135, street lights in Kannowski’s Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7992 - Resolution.

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

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO. 5156, DISTRICT NO. 135

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5156, District No. 135: Document No. 7993 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 5156, DISTRICT NO. 135

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7994 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5148, INTERSECTION IMPROVEMENTS AT 32ND
AVENUE SOUTH AND 34TH AND 38TH STREETS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5148, intersection improvements at 32nd Avenue South/South 34th Street and at 32nd Avenue South/South 38th Street, and recommended to approve plans and specifications.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5070,
LIFT STATION 13 REHABILITATION

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5070, Lift Station 13 Rehabilitation, General Contract, Change Order No. 1, Hobbs, Inc., $708.98, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4655.1,
PAVING PORTION OF SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4655.1, paving South Washington Street from 26th to 34th Avenues South, Change Order No. 3, Strata Corporation. $7,750.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4225.3,
PAVING PORTION OF SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.3, paving South Washington Street service roads from Hammerling to 26th Avenue South, Change Order No. 5, Strata Corporation, $6,425.00, and recommended to approve the change order.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment by the Engineering Department in the amount of $24,100.00 from cash carryover to cover expenses for ROW officer position, training new traffic engineer and LAN/CADD coordinator positions, and replacement of equipment damaged during flood, was presented and read. It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

REQUEST JDA RETAIN PROPERTY AT 410 SOUTH 3RD
STREET FOR USE OF CITY’S WATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of the request that the Growth Fund Authority (JDA) set aside the property at 410 South 3rd Street (Lot 5, Block 5, Viets Addition) for The use of the City’s water treatment plant, and recommended that the JDA set aside that parcel of property for future use.

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

APPROVE CHANGE ORDER TO HISTORIC REHAB
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended approval of a change order to Viking Electric in the amount of $1,212.00.
Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended approval of a change order to Lunski Plumbing in the amount of $2,408.80.

Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended approval of a change order to Innes Construction in the amount of $6,865.00.

Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended to delete the contract with Grand Forks Plumbing Services in the amount of $3,500.00 and award the contract to Economy Plumbing in the amount of $4,000 for 310-312 5th Avenue North.

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

APPROVE ALLOCATION OF HOME FUNDS

Committee No. 4, Urban Development, reported having considered the matter of allocation of 2000 HOME Funds, and recommended approval to allocate 1999 ($321,000) and 2000 ($400,000) HOME funds to the Grand Forks Housing Authority for the preservation of affordable housing.

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, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.

AUTHORIZE USE OF UNITED WAY AS SUBRECIPIENT
FOR DISTRIBUTION OF CDBG PUBLIC SERVICE FUNDS

Committee No. 4, Urban Development, reported having considered the matter of authorization to use United Way as subrecipient for distribution of CDBG public service funds, and recommended to authorize the use of United Way as a subrecipient for distribution of CDBG public service funds.

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

APPROVE MORTENSON CHANGE ORDER CORRECTION

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order correction, and recommended approval of corrected change order to MC Roofing in the amount of $1,931.00 to be paid by JLA.

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, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.

DECLARE GARAGE AT 623 4TH AVENUE SOUTH AS SURPLUS,
AND AUTHORIZE CALL FOR BIDS

Committee No. 4, Urban Development, reported having considered the matter of demolition of garage at 623 4th Avenue South, and recommended to declare the garage at 623 4th Avenue South surplus and put up for a 21-day bid process from the date of council approval, and the garage must be moved by 30 days from date the purchase agreement is signed.

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, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.

REQUEST CITY ATTORNEY TO PROVIDE COMMITTEE
MEMBERS WITH POLICIES RE. CONFLICT OF INTEREST

Committee No. 4, Urban Development, reported having considered the matter of conflict of interest and code of ethics, and recommended that the city attorney provide committee members with existing HUD and state policies on conflict of interest as well as information from other cities.

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

APPROVE CHANGE ORDER FOR SOUTHEND FIRE
STATION

Committee No. 4, Urban Development, reported having considered the matter of southend fire station change orders, and recommended approval of change orders to Baukol Builders in the amount of $8,075.40 and to Custom Aire in the amount of $4,720.65.

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

APPROVE PHASE 1 AND 2 DIKE CONSTRUCTION
PROPERTIES AS NON-RENTAL

Committee No. 4, Urban Development, reported having considered the matter of Phase IA and IV properties on the dry side of the dike, and recommended to keep Phase 1 and 2 dike construction properties as non-rental.

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

APPROVE GRANT FOR PUBLIC TRANSPORTATION

The Bus Committee reported having considered the matter of 2000 North Dakota State Aid for Public Transit Grant in the amount of $84,172.00 and authorize city officials to execute and sign all proper documents, and recommended approval.

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

APPROVE DIAL-A-RIDE AUDIT AND REQUIRE 30-DAY
RESPONSE

The Bus Committee reported having considered the matter of Dial-A-Ride audit and require 30-day response, and recommended approval.

The Public Service Committee reported having considered the matter of Brady Martz audit of Dial-A-ride contractors, and recommended to receive and file the report.

It was moved by Council Member Martinson and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 13 votes affirmative.

APPROVE EQUIPMENT OPERATORS MANUAL,
SAFETY SUMMARY AND VEHICLE MAINTENANCE PLAN

The Bus Committee reported having considered the matter of Equipment Operators Manual, Safety Summary, and Vehicle Maintenance Plan, and recommended approval.

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

APPROVE CHANGE IN PENSION BENEFIT CALCULATION

The Pension and Insurance Committee reported having considered the matter of change in pension benefit calculation, and recommended approval of the change in the method of benefit calculation from “7 completed, consecutive, calendar years” to “84 completed, consecutive, calendar months”.

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

CONSIDER MATTER OF REMAINING ALTERNATES FOR
` AURORA CENTER

The Events Center Core Committee reported having considered the matter of remaining alternates, and recommended that we establish the five alternates in the priority listed: 1) southwest elevator, $150,000; 2) automated curtain system, $350,000; 3) finishes allowance for interior and exterior, $190,000; 4) additional FF&E allowance, $1,767,376; and 5) video boards and exterior marquees, $2.2 million; and grant staff the permission to bid these at the appropriate time.

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

TABLE MATTER OF CORE COMMITTEE MEMBERSHIP

The Events Center Core Committee reported having considered the matter of Core Committee membership, and recommended (that the committee rescind their previous action) to table the matter indefinitely.

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

CONSIDER MATTER OF SELECTION OF GREENWAY
VIDEO

The Flood Protection Committee reported having considered the matter of selection for greenway video, and recommended approval to negotiate a contract with UND Aerospace for a 10-minute greenway promotional video.

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

CONSIDER MATTER OF HOME MOVING BIDS

The Flood Protection committee reported having considered the matter of home moving bids, and recommended to award the bid of $55,052 to Theodora Blotske for the home at 3401 E. Elmwood Drive.

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

AUTHORIZE STAFF TO PROCEED WITH 90-DAY VACATION
NOTICES ON CITY-OWNED LEASED HOUSES

The Flood Protection Committee reported having considered the matter of City-owned leased houses, and recommended to authorize staff to proceed with 90-day vacation notices as determined by the City Engineer’s Office.

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

CONSIDER MATTER OF SURPLUS PROPERTY

The Flood Protection Committee reported having considered the matter of surplus property, and recommended to authorize a rebidding process and require a minimum bid of $1,000 for those houses valued at under $100,000 and a minimum bid of $5,000 for those houses valued over $100,000 for the following properties: 103 Grassy Hills Lane; 2423, 2629, 3134, 3135 and 3141 Olson Drive; 3137, 3205, 3312, 3315amd 3330 E. Elmwood Drive; 3723 Belmont Court; 102 32nd Avenue South; 200 Hughes Court; 114 and 120 Spruce Court, 9 and 17 Euclid Avenue; 210 34th Avenue South, and 1023 and 1205 Lincoln Drive.

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

REQUEST EXPLANATION FROM FEMA AND COE WITHIN
45 DAYS THE LOGIC AS RELATED TO FLOODPLAIN
REMAPPING PROJECT

The Flood Protection Committee reported having considered the matter of floodplain remapping, Barr Engineering, and recommended to agree in principle that we should study FEMA flood insurance studies and that we agree to utilize Barr Engineering for review of the FEMA and Corps of Engineers hydrological analysis.

The Flood Protection Committee reported having considered the matter of floodplain remapping, and recommended to formally request FEMA and the Corps of Engineers to provide an explanation, in person, to the city council within 45 days as to the logic of their actions as related to the floodplain remapping project.

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

APPROVE CDBG FUNDED CONTRACT RENEWALS

The Flood Protection Committee reported having considered the matter of CDBG funded contract renewals, and recommended approval of the CDBG contract recommendations.

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

After some discussion and upon voice vote, the motion carried.

The Flood Protection Committee reported having considered the matter of CDBG funded contract renewals, special projects coordinator, and recommended to approve the special projects coordinator position in the Urban Development Department.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved.
John O’Leary, Urban Development, reported that this is a new job description, that the individual doing this was a Housing Administrator II (Housing Authority), and wanted to fairly compensate the individual for his additional responsibilities, that this position is a higher grade than the Housing Adm. II and duties and responsibilities are much greater.

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

CHANGE FINAL DATE FOR PAYMENT FOR LINCOLN
GOLF COURSE TO AUGUST 1, 2000

The Flood Protection Committee reported having considered the matter of City and Park District agreement, and recommended that the date for the payment of the $400,000 be changed to August 1, 2000 (for the Lincoln Golf Course final payment); and approval of the City and Park District’s agreement as amended with the understanding that any party’s comments on the floor of city council may require amendments on the floor.

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

AUTHORIZE CITY TO UTILIZE EMINENT DOMAIN
IN ACQUISITION OF PROPERTY IN DIKE PROJECT

The Flood Protection Committee reported having considered the matter of acquisition process, and recommended approval of a resolution authorizing the City to utilize eminent domain in the acquisition of property in the dike project.

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

Mr. Swanson reported that he had distributed a slightly different version of the resolution that was handed out at the Flood Control Committee, that they are proposing that a paragraph be added “Now therefore be it resolved” and that language appears in action that led up to the PCA agreement with the Army Corps of Engineers and that it is a factual finding that the council finds that the construction of a flood control project was necessary for the health, safety and welfare of the citizens of the city and for the protection of public and private property; and believes that would be an appropriate inclusion in this resolution, and asked that the motion out of committee be amended to incorporate this language into the resolution. It was so moved by Council Member Hafner and seconded by Council Member Polovitz. Carried 13 votes affirmative.

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

Council Member Glassheim introduced the following resolution authorizing deposit into court and use of quick-take authority for acquisition of premises necessary for flood control project: Document No. 7995 - Resolution.

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

TABLE MATTER OF PURCHASE OF VALLEY MEMORIAL
HOMES-ALMONTE TO AUGUST 7, 2000

The Flood Protection Committee reported having considered the matter of Valley Memorial Homes - Almonte, and recommended to authorize the purchase of Valley Memorial Homes - Almonte, valued at a skilled nursing facility less insurance recoveries by Valley Memorial and that we encourage the Corps of Engineers to accept valuation of the facility as a skilled nursing facility for flood protection purposes.

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

Council Member Hafner moved to table this item until the first council meeting in August and this is at the request of Pastor Wayne Stark; that there are attempts to influence FEMA through the Congressional delegation and it would be appropriate to wait to see how that is resolved. Council Member Martinson seconded the motion. Carried 13 votes affirmative.

APPROVE FINAL PLAT OF MATEJCEK’S FIRST ADDITION
SUBJECT TO SPECIAL CONDITIONS ATTACHED TO THE
REVIEW COPY

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 final approval of the plat of Matejcek’s First Addition to the city of Grand Forks, North Dakota (located in the 4400 block of Highway 81 North), and recommended final approval of the request subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map (Ordinance No. 3850).

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

APPROVE REPLAT OF NORTH HALF OF LOT 16 AND
ALL OF LOTS 17 THRU 20, BLOCK 6, HACKNEY’S ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of McClaflin and Weber for final approval (fast track) of a Replat of the North Half of Lot 16 and all of Lots 17 through 20, Block 6, Hackney’s Addition to the city of Grand Forks, North Dakota (located at 809 and 815 Walnut Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE REQUEST BY AGSCO FOR CONDITIONAL
USE PERMIT FOR STORAGE OF HAZARDOUS MATERIALS

The Planning and Zoning Commission reported having considered the matter of the request from Randy and Merrilee Brown on behalf of Agsco, for approval of a conditional use permit for the storage of hazardous materials as provided for in Section 18-0207, subsection (3) paragraph (c) of the Land Development code, part of NW Quarter lying westerly of I-29 and southerly of Grand Forks County Drain No. 4 of Section 5 of Township 150 North Range 50 West from the 5th Principal Meridian, and recommended approval of a conditional use permit to include the following conditions: 1) a sluice gate (owner will work with Engineering Department to determine if a sluice gate is absolutely necessary), 2) any future expansions by the facility are to be reviewed by the City, and 3) the facility can store hazardous and extremely hazardous chemicals as defined by the EPA.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT
ALL THAT PORTION OF NW QUARTER OF SECTION 5,
T150N, R50W, 5TH PRINCIPAL MERIDIAN; AND ALL THAT
PORTION OF SW QUARTER OF SECTION 32, T151N, 450W, 5TH
PRINCIPAL MERIDIAN

The Planning and Zoning Commission reported having considered the matter of the request from Merrilee Brown on behalf of AG Park, LLP for preliminary approval of an ordinance to amend the zoning map and to exclude from the A-2 (Agricultural Reserve) District and include within the I-2 (Heavy Industrial) District, part of the SW Quarter lying westerly of I-29 right of way of Section 32 of Township 151 North, Range 50 West from the 5th Principal Meridian (Telpro-7251 South 42nd Street) and part of the NW Quarter lying westerly of I-29 and southerly of Grand Forks Drain No. 4 of Section 5 of Township 150 North, Range 50 West from the 5th Principal Meridian (Agsco - 1160 and 1168 12th Street NE), and recommended preliminary approval, to introduce the ordinance amending the zoning map and to set the public hearing for July 17, 2000.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend the Zoning Map of the City of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and include within the I-2 (Heavy Industrial) District, all that portion of the Northwest Quarter of Section 5, T150N, R50W, 5th Principal Meridian, lying west of I-29 containing approximately 100.4 acres more or less to be platted as Brown Corp. Addition to Grand Forks, ND and all that portion of the Southwest Quarter of Section 32, T151N, R50W, 5th Principal Meridian lying west of I-29 containing approximately 29.4 acres more or less and to be platted as Oakwood 2nd Addition to Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

REFER MATTER OF PLANNING AND ZONING DEPARTMENT
BUDGET FOR 2001 TO BUDGET COMMITTEE

The Planning and Zoning Commission reported having considered the matter of the Planning and Zoning Department budget for 2001, and recommended approval of the Planning and Zoning Department budget for 2001.

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

It was moved by Council Member Hafner and seconded by Council Member Martinson to refer this matter through the normal budget process. Carried 13 votes affirmative.

APPOINT INTERIM DOWNTOWN ADVISORY BOARD

President Carpenter reported that the Mayor is asking that the current members of the DDC be appointed to the Interim Downtown Advisory Board. It was so moved by Council Member Polovitz and seconded by Council Member Babinchak.

Doug Christensen, 19 Inland Hills Court, asked how long the appointments were for; and it was noted this is for interim or until actual membership is appointed. Mr. Christensen asked if there was a recommendation as to a resolution of an on-going Downtown Advisory Board; Mr. Swanson stated that was acted on by the city council at a prior meeting and the nomination is by the mayor to be confirmed by council. It was noted that is a 7 member commission.

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

APPROVE ESTIMATE SUMMARY, VARIOUS PROJECTS

The city auditor presented and read the CDBG Estimate Summary in the amount of $90,942.47.

It was moved by Council Member Bakken 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried..

APPROVE WATERMAIN EASEMENT FOR PROJECT
NO. 4648.2

The city auditor presented the matter of watermain easements for Project No. 4648.2 for council action after approval by JDA on June 5, 2000 for watermain easement and for a temporary construction easement for watermain transmission lines in Maier’s Fourth Resubdivision. It was moved by Council Member Babinchak and seconded by Council Member Bakken that these easements be and are hereby approved. Carried 13 votes affirmative.

CANVASS RESULTS OF BIENNIAL CITY ELECTION
HELD IN CONJUNCTION WITH PRIMARY ELECTION
ON JUNE 13, 2000

The city auditor presented canvass of the June 13, 2000 biennial election results as approved by the County Canvassing Board on June 16, 2000: Document No. 7996 - Report.

It was moved by Council Member Brooks and seconded by Council Member Beyer to accept and file the canvass of the results of the June 13, 2000 biennial city election. Carried 13 votes affirmative.

APPROVE CHANGE ORDER TO INCLUDE SOUTHWEST
ELEVATOR AT ALERUS CENTER

The Events Center Core Committee reported having considered the matter of southwest elevator alternate, CIN #213.04, and recommended to approve the change order for CIN 213.04 in the amount of $50,042.00.

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

EXTEND ALERUS CENTER BUILDING INSURANCE

The Events Center Core Committee reported having considered the matter of Alerus Center building insurance, and recommended that we extend the contract for our Builder’s Risk & Boiler and Machinery insurance with Vaaler Insurance until February 15, 2001.

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

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Hamerlik questioned the matter of the bidding on surplus houses, there is a minimum bid, and asked if there would be open bidding after opening of sealed bids or if sealed bid is only bid allowable under terms structured. Mr. Grotte reported that they have were receiving sealed bid only, and if council wanted open bidding after the sealed bids are received, that’s their option. Council Member Hamerlik stated some individuals would be hesitant in submitting bid too large or too small but if submit bid and then do open bidding, and with that option might have more bidders and possibly greater benefit to the City. After further discussion it was moved by Council Member Hamerlik and seconded by Council Member Beyer that we authorize oral bidding on remaining lots and houses following opening of bids by those submitting minimum sealed bids. Carried 13 votes affirmative.
2) President Carpenter presented the issue of committee meetings, whether held by current council members to consider items for presentation at the July 3 meeting, or if new committees were to be organized and have meetings prior to that council meeting. It was moved by Council Member Babinchak and seconded by Council Member Martinson to hold committee meetings next week by the current council. Carried 13 votes affirmative.

CONSIDER MATTER OF ATTORNEY CONSULTATION
RE. PENDING LITIGATION AND RECESS INTO
EXECUTIVE SESSION

Mr. Swanson stated that the City is involved in pending litigation in which the plaintiff has made a settlement proposal, that Ron Fischer who is representing the City would like to make a presentation to the council in which he would like to discuss both the strengths and weaknesses and the analysis of the case and he has recommended that the council take this matter under advisement in executive session under North Dakota Century Code 44-04.19.2, that the council is not required to do that, and that is at your discretion, however, he stated they would like to provide council with a fairly candid analysis of the state of litigation.

Council Member Hafner asked if new council members could be invited in; Mr. Swanson stated he has given that some consideration and insofar as they have not been sworn in, he does not believe they fit within the definition of a city council member and to that extent he believes it is a waiver of the attorney/client communication privilege. Mr. Fischer agreed. Mr. Swanson stated it would be his intention that the new council be advised as soon as possible on pending litigations, and need to be brought fully up to date on all pending and anticipated litigation. Council Member Lucke suggested holding this matter until the new council members are sworn in; however, Mr. Swanson stated that the plaintiff initially made this proposal several weeks ago and has indicated an interest and desire to have it responded to as soon as possible but that Mr. Fischer can address that question as to whether this matter could be held for another two weeks.

Ron Fischer, attorney representing City of Grand Forks, stated they have problem with deferring this for two more weeks, one of which is that they currently have a trial date in the case set for sometime in August, the offer has been on the table for quite some time, there’s been fine tuning of it, but the plaintiff and his lawyer have been very patient in waiting for a response, not sure waiting two weeks and having a new council is going to make much difference, not a terribly significant case from a dollar standpoint so are not talking any City monies that would even be expended as part of the settlement and thinks it something that should and can be addressed at this point.

It was moved by Council Member Babinchak and seconded by Council Member Beyer to recess into executive session per North Dakota Century Code 44-04-19.2.

John Hoff, 3514 11th Avenue North, objected to the closing of the meeting, that the press and public want to know what’s going on, and to let them know what the matter is even if not getting into the specifications of what the attorney is recommending.

Mr. Swanson stated that in the event that the council chooses to take any formal action on the settlement offer that does have to be taken in an open meeting, the purposes behind an attorney/client communication is for Mr. Fischer to give you a very candid analysis of pending litigation, it doesn’t seem to be particularly appropriate to discuss pros and cons of settlement nor strengths or weaknesses of litigation if it is fully broadcast live on t.v. or live on radio or reported in the newspaper when the opposing side who is not sharing their attorney-client consultation with you, has full analysis of not only the strengths and weaknesses of the case but any potential counter offers you may make in settlement or negotiation strategy; that’s what the law recognizes, and again it is up to council’s discretion as to whether to choose to enter into it, and seems to be appropriate in this case.

Mr. Hoff stated he objected on procedural grounds, this agenda item is vague, nobody knows what they are talking about, but if they close this meeting he will leave; but will determine the proper authority with which to file a complaint that 44-04-19.2 was misused, and file the complaint and attempt in a formal and legal way object to the closure of this meeting. Mr. Swanson stated that the appropriate official would be the attorney general’s office, the statute is very clear that you can enter into an attorney/client consultation for exactly this purpose.

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

RECESS INTO CLOSED SESSION AT 9:15 P.M.

MEETING OPENED FOLLOWING CLOSED SESSION AT
10:05 P.M.

The city council opened their meeting following closed session with 13 members present.

It was moved by Council Member Beyer that we authorize Mr. Fischer to counter-offer with the attorneys in the Bergman vs. City case with terms discussed in closed session. Council Member Lunak seconded the motion. Carried 12 votes affirmative; Council Member Babinchak voted against the motion.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_________________________________
Douglas Carpenter, President of Council