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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, November 17, 1997

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, November 17, 1997 at the hour of 7:00 o'clock p.m. with Mayor Owens presiding.

Judge Noack administered oaths of office to newly elected members of the city council for Wards 2 and 3 for four-year terms expiring in June, 2000: Jerry Lucke, Second Ward and Beth Bouley, Third Ward.

Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Beyer, Babinchak, Bakken, Hafner, Hagness -13; 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.

APPOINT NEWLY ELECTED COUNCIL MEMBERS
TO COMMITTEE

Mayor Owens announced the appointment of Council Member Bouley to the Urban Development Committee and Council Member Lucke to the Public Service Committee. It was moved by Council Member Carpenter and seconded by Council Member Beach that these appointments be and are hereby approved. Carried 11 votes affirmative.

Mayor Owens reported that they are negotiating with John Packett as new police chief, that he is from Omaha, Nebraska, checked his background thoroughly and is in excellent shape, that she visited with Mr. Packett and his wife and believes he will fit well into our community. She reported that they have discussed a three-year contract which he would accept at $60,000/year and he would be satisfied with that at this point and will be able to start on December 15 and would bring his family here in the spring. She stated that she will be meeting with staff at police department tomorrow so if any questions/concerns she could hear them before offering the job to Mr. Packett, and want them to be a part of the process.

Dan Gordon, Human Resources, stated he didn't have lot of comments about compensation and benefits packet, but will have in writing for them soon for review, and asked if there were any questions re. this selection.

Council Member Hagness asked if benefits are the same as for any employee or whether in the contract. Mr. Gordon stated they tried to mirror the current package of benefits for city employees, ie., vacation leave, sick leave, to defined contribution pension package which they still have to visit with Pension Committee, disability insurance, workers' compensation and all follow same guidelines as city employees. He stated that two items maybe different and that this preliminary negotiations that he has entered into in an informal agreement with Mr. Packett, needs Mayor's final approval: moving allowance at $2,000 and a 30-day living allowance until he finds adequate housing. Mayor Owens stated that if the council had no concerns, she would like to visit with police department employees tomorrow and finalize job offer.

MATTER OF YOUTH APPRECIATION WEEK

Mayor Owens stated the Student Youth Committee wanted an opportunity to come tonight and talk to the council, and she wanted on behalf of herself and the city council thank these young people for the support they gave community during the flood disaster and are proud of all of them.
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Three youth representatives addressed council; stating that they appreciate the recognition of youth this evening, and asked for time at future city council meetings to present concerns that are youth generated; that they represent youth through group organized by the Mayor's Youth Committee, to discuss needs as the need for place for youth to gather, and on behalf of the youth of Grand Forks thanked council for their time, and asked they keep their eyes open to the needs of the youth, the future leaders of this area and will look forward to seeing council as they examine youth needs.

COUNCIL MEMBER KLAVE REPORTED PRESENT

Mayor Owens stated they appreciate their being here and if there are concerns at any time the council would be open and receptive to whatever they have on their minds. She stated that the Youth Committee was a result of the 20-20 process and thanked Jeanine Halverson and Pam Larson for their hard work, as well as Nina Kulukov and Ann Lockner.

APPROVE MINUTES JUNE 30, JULY 1 AND 7, 1997

Typewritten copies of the minutes of regular meeting of the city council held on June 30 and July 7, 1997, and of the special meeting held on July 1, 1997, were presented and read. It was moved by Council Member Sande and seconded by Council Member Hafner that these minutes be approved as read. Carried 14 votes affirmative.

TABLE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN THE B-4 (CENTRAL BUSINESS)
DISTRICT LOT 5, BLOCK 8, TRAILLS ADDITION

An ordinance entitled "an ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence - High Density) District and to include within the B-4 (Central Business) District, Lot 5, Block 8, Traills Addition to the city of Grand forks, North Dakota", which had been introduced and passed on its first reading on October 6, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 the office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Valdak Corporation dba Valley Dairy No. 6 for final approval of an ordinance to amend the zoning map to exclude from the R-4 (Multiple Family Residence - High Density) District and to include within the B-4 (Central Business) District, all of Lot 5, Block 8, Traills Addition to the city of Grand Forks, North Dakota (located at 110 Belmont Road), and recommended to table the ordinance amending the zoning map until a site plan is submitted to the City Planning Office for review and until the city planner has had the opportunity to meet with owner and neighbors within 400 feet of the area requested to be rezoned. The recommendation had been moved and seconded by Council Members Hagness and Polovitz.

It was moved by Council Member Hagness and seconded by Council Member Polovitz that this matter be referred back to the Planning Commission. Carried 14 votes affirmative.


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ADOPT ORDINANCE NO. 3686, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF PRESBYTERIAN SECOND
ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Presbyterian Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on first reading on October 6, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Bert Johnson for the final approval of the plat of Presbyterian Second Addition to the city of Grand Forks, North Dakota (located at South Washington Street and 55th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway map. The recommendation had been moved and seconded by Council Members Hagness and Polovitz.

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

ADOPT ORDINANCE NO. 3687, RELATING TO
ACCEPTANCE AND EXPENDITURE OF GIFTS, GRANTS
OR DONATIONS BY MAYOR OR DEPARTMENT HEADS

An ordinance entitled "An ordinance adopting provisions of the Grand Forks City Code relating to the acceptance and expenditure of gifts, grants, or donations by mayor or department heads", which had been introduced and passed on its first reading on November 3, 1997, was presented and read for consideration on second reading and final passage.

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

HOLD PUBLIC HEARING, AND ADOPT RESOLUTION
CALLING FOR NEW PUBLIC HEARING ON DECEMBER 15,
1997 ON PROPOSED ISSUANCE OF UP TO $10,500,000
HOUSING FACILITIES REVENUE BONDS

The deputy city auditor reported that notice had been published calling for a public hearing on a proposed project and the issuance of Housing Facilities Revenue Bonds by the City of Grand Forks on behalf of Grand Forks Homes, Inc. to provide financing with respect to the acquisition and construction of up to 400 single family homes to be sold to low and moderate income members of the general public or families displace from urban renewal areas or as a result of govern-mental action, or where no adequate housing exists for such groups, with such single family homes to be located in the following two subdivision: Congressional 15197
November 17, 1997

First Resubdivision, consisting of 63.17 total acres, 28.53 of which are plotted, bounded to the north by 12th Avenue North, to the east by North 51st Street, to the south by 6th Avenue, and to the west by North 55th Street; and Congressional Second Resubdivision, consisting of 70 plotted acres, bounded to the north by University Avenue, to the east by the University Technology Park, to the south by the Burlington Northern RR tracks, and to the west by North 55th Street.

The deputy city auditor also reported that the public hearing scheduled for this evening on the proposed issuance of up to $10,500,000 Housing Facilities Revenue Bonds did not meet publication requirements, that the hearing requires fourteen days notice because of IRS regulations (Section 147(f) of the Internal Revenue Code of 1986, as amended) and that the city attorney advised that the council should hold hearing and receive comments, and then pass a resolution setting a new public hearing for December 15, 1998.

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

Council Member Hagness introduced the following resolution calling for a public hearing on the proposed issuance of up to $10,500,000 Housing Facilities Revenue Bonds: Document No. 7387 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF CONTROLLED
ACCESS ALONG NORTH R/W LINE OF 47TH AVENUE SOUTH
BETWEEN SOUTH WASHINGTON AND SOUTH 16TH STREETS

The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of the controlled access along the north right of way line of 47th Avenue South between South Washington Street and South 16th Street as shown on the plat of Curran's 3rd Resubdivision and to extend the access control line through those areas shown as not having controlled access along said north right of way, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and the hearing was closed.

It was moved by Council Member Hafner and seconded by Council Member Glassheim that we find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 7388 - Resolution.

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

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bev Collings, Secretary/Bldg. And Zoning Administrator, was presented and read stating that the Board had held a public hearing in City Hall on October 23, 1997, that notice had been published as required and that the following appeals were heard: 1) Minnko Building Systems on behalf of Cliff Coss, 110 North Washington Street, request for variance to the yard and landscaping/bufferyard requirements to erect a new building, variance was
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approved allowing 7 ft. between buildings And no plantings in the required bufferyard in order to construct a new building; 2) Melby Construct on behalf of tom Marcotte, 1402 7th Avenue North, request for variance to the sideyard setback and impervious surface area requirements to erect an addition to the house, variance approved allowing 4'6" second front yard setback to construct an addition to the house.

It was moved by Council Member Klave and seconded by Council Member Beach that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-18, dated November 17, 1997, and totaling $6,765,528.41, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Hafner 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 Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

INTRODUCE ORDINANCE RELATING TO PENALTIES
FOR PARKING VIOLATIONS

Committee No. 2, Public Safety, reported having considered the matter of ordinance relating to penalties for parking violations, and recommended to approve ordinance and to introduce ordinance for first reading.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. (It was noted that when the Traffic Code was re-done this ordinance was not included.)

Council Member Beyer introduced an ordinance amending Article --, Chapter VIII of the Grand Forks City Code relating to penalties for parking violations", which was presented, read and passed on its first reading.

ACCEPT GRANT FROM ROBERT WOOD JOHNSON FOUNDATION
FOR EMERGENCY PUBLIC HEARING NURSES FOR FLOOD
VICTIMS

Committee No. 2, Public Safety, reported having considered the matter of grant from the Robert Wood Johnson Foundation for emergency public health nurses for flood victims in North Dakota in the amount of $266,030 for period November 1, 1997 through October 31, 1999, and recommended to approve acceptance of the grant contingent upon city attorney's approval.

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

APPROVE BUDGET AMENDMENTS

A request for amendment to the Flood Recovery Nursing Grant, Health Department, budget in the amount of $9,673.00 to reflect grant cycle expenses, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this amendment be approved. Carried 14 votes affirmative.

A request for amendment to the Flood Recovery Nursing Grant, Health Department, budget in the amount of $133,605 for expected expenditures for 1998, was
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presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this amendment be approved. Carried 14 votes affirmative.

APPROVE UTILITY AND ROADWAY EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of utility and roadway and utility easements for Lift Station #38 and forcemain, Project No. 4439, at 40th Avenue South between South Columbia Road and East Ruemmele Road, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor, Arthur Greenberg, Jr, and recommended to approve easement and authorize proper City officials to execute the document.

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

Committee No. 3, Public Service, reported having considered the matter of temporary construction, utility and roadway and utility easements for Lift Station #38 and forcemain, Project No. 4439, and Sanitary Sewer Project 4661, at 40th Avenue South between South Columbia Road and East Ruemmele Road, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor, Gregor Useldinger, Jr., etal, and recommended to approve easement and authorize proper City officials to execute the easements.

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

MATTER OF 1998 CONSTRUCTION PROJECTS

Committee No. 3, Public Service, reported having considered the matter of 1998 construction projects, and recommended to authorize staff to proceed with preliminary engineering and to obtain proposals from consultants for engineering services.

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

APPROVE BUDGET AMENDMENTS

A request for amendment to the Wellness, Health Department, budget in the amount of $2,000 to reflect additional funding from Altru for billboards, was presented And read.

A request for amendment to the Women's Way Grant, Health Department, budget in the amount of $21,404 to reflect funding for 1998 budget, was presented and read.

A request for amendment to the Women's Way Grant, Health Department, budget in the amount of $3,882.00, to reflect anticipated expenditures for 1997, was presented and read.

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

TABLE MATTER OF PURCHASE OF LANDFILL COMPACTOR

Committee No. 3, Public Service, reported having considered the matter of bids for landfill compactor, and recommended to accept the low bid of Butler Machinery in the amount of $347,615, less $25,000 trade-in, for a total of $322,615.00.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved.
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Council Member Hagness reported there were concerns re. bids for this equipment: Bomag equipment from Krider Equipment Co., Inc. and Caterpillar equipment from Butler Machinery Company; that the City sent a team of four people to observe similar compactors in use and their recommendation was to select the Bomag equipment regardless of the price difference. He reviewed performance evalua-tions and evaluation tabulations presented on the equipment.

Dick Newman, solid waste manager, reported that when he wrote specs. around the Bomag machine because that's type of machine they wanted but designed specs. to bid machine they want but allow off-sets so other equipment companies can bid, and that the Caterpillar came in low bid, and if based solely on review of operators would recommend Bomag but has certain rules and regulations to follow in the bidding process and as such Caterpillar came in as low bid.

It was moved by Council Member Hagness and seconded by Council Member Carpenter to accept the bid of Krider Equipment co., Inc. for the Bomag equipment, less trade-in in the amount of $327,033.00 in the best interests of the City.

After further discussion it was moved by Council Member Beyer and seconded by Council Member Hamerlik to reject all bids.

Doug Benson, Krider Equipment, reported that by assessing evaluation report Bomag equipment would receive low bid; however, Mr. Newman reported those figures didn't include guaranteed buy-back and routine maintenance.

After further discussion, upon call for the question on the motion to reject all bids and upon roll call vote, the following voted "aye": Council Members Hamerlik, Klave, Beyer, Babinchak - 4; voting "nay": Council Members Beach, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Sande, Bakken, Hafner, Hagness - 10. Mayor Owens declared the motion defeated.

It was then moved by Council Member Carpenter and seconded by Council Member Glassheim to table this matter for two weeks. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak - 10; voting "nay": Council Members Polovitz, Bakken, Hafner, Hagness - 4. Mayor Owens declared the motion for tabling carried. (It was asked that all information be forwarded to council members.)

REFER MATTER OF SNOW REMOVAL BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of snow removal, and recommended that we add two full-time operator III positions in the street department.

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

Council Member Hafner and Council Member Hagness asked that this matter be referred back to the committee for further consideration.

APPROVE AGREEMENT WITH NODAK ELECTRIC
COOPERATIVE FOR TEMPORARY UNDERGROUND
LINES FOR SOUTHEND DRAINWAY PROJECT 4669

Committee No. 3, Public Service, reported having considered the matter of agreement with Nodak Electric Cooperative to reimburse Nodak for costs incurred to install temporary underground lines from Belmont east to river pump site on the Southend Drainway Project No. 4669 at a cost of approx. $20,000, and recommended to authorize entering into agreement for the installation of the utility service.

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

Council Member Hafner asked to be excluded from voting on this matter; Council Members Hamerlik and Beach so moved. Carried 13 votes affirmative.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hagness - 13; voting "nay": none; Council Member Hafner abstaining. Mayor Owens declared the motion carried.

COUNCIL MEMBERS HAGNESS AND BAKKEN EXCUSED

APPROVE ANNUAL ACTION PLAN FOR 1998 COMMUNITY
DEVELOPMENT BLOCK GRANT

Committee No. 4, Urban Development, reported having considered the matter of annual action plan for 1998 Community Development Block Grant, and recommended approval of annual action plan as presented.

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

REFER TO FLOOD RESPONSE COMMITTEE MATTER OF
1997 SUPPLEMENTAL CDBG DISASTER FUNDING
ANNUAL ACTION PLAN

Committee No. 4, Urban Development, reported having considered the matter of the 1997 Supplemental Community Development Block Grant disaster funding annual action plan, and recommended to refer matter to the Flood Response Committee for initial consideration on Wednesday, November 19, and final action and recommen-dation by the Flood Response Committee on Wednesday, November 26, with recom-mendation to before Grand Forks council for action on Monday, December 1, 1997.

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

COUNCIL MEMBERS HAGNESS AND BAKKEN REPORTED BACK

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, ULLAND PARK FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Grand Forks Park District for final approval of a Replat of Lot 1, Block 1, Ulland Park First Addition, Grand Forks Township, Grand Forks County, North Dakota (located south of 47th Avenue South near South 20th Street extended), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL APPROVAL OF MINOR SUBDIVISION
PLAT, COLUMBIA PARK 25TH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for final approval (fast track) of a minor subdivision plat to be known as Columbia Park 25th Resubdivision to the city of Grand Forks, North Dakota, being a Replat of Lots 3 and 4, Block 1 and Lots 2 and 3, Block 2, Plat of Columbia Park 21st Addition; Lot C, Block 2 of a Replat of Lots 1 and 4, Block 2, Columbia Park 21st Addition;
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Lot D, Block 2 of a Replat of Lot B of the Replat of Lots 1 and 4, Block 2, Columbia Park 21st Addition; Lots K and L, Block 1 of a Replat of Lot 1, Block 1, Columbia Park 21st Addition and all of vacated South 23rd Street as platted on the plat of Columbia Park 21st Addition to the city of Grand Forks, North Dakota (located on each side of vacated South 23rd Street between 32nd Avenue South and 36th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE REQUEST FOR EXEMPTION FROM SUBDIVISION
REGULATIONS FOR PROPERTY WHICH IS BEING ACQUIRED
BY THE CITY FOR STORMWAY DRAINWAY

The Planning and Zoning Commission reported having considered the matter of the request from City Planning Department for an exemption from the subdivision regulations of the Land Development Code as provided for in Section 18-0903 (Subdivision Plat, When Required); the subject property is a strip of land approximAtely 100 feet in width extending through Sections 27, 28, 21 and 20, T151N, R50W, said strip of land is being acquired by the City of Grand Forks for a stormwater drainway (located being generally in an east/west direction beginning at 52nd Avenue South and one-half block west of Chestnut Street to 40th Avenue South and I-29), and recommended approval of the request to delay platting until such time as the adjoining property is platted for development purposes.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE LOTS 2 THROUGH 6, BLOCK 2, FAIRGROUNDS
SECOND RESUBDIVISION WITHIN B-3 (GENERAL BUSINESS)
DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from City Planning Department for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the B-3 (General Business) District Lots 2 through 6, Block 2, Fairgrounds Second Resubdivision to the city of the Grand Forks, North Dakota (located northwest of the intersection of Gateway Drive and North 26th Street), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for December 15, 1997.

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

Council Member Klave 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-1 (Limited Development) District and to include within the B-3 (General Business) District, Lots 2 through 6, Block 2, Fairgrounds Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE PLAT OF
TJ'S SECOND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Thompson and Johnson for preliminary approval 15203
November 17, 1997

of the plat of TJ's Second Addition, Grand Forks, North Dakota, lying within the SW Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 27, T151N of Range 50 West of the 5th Principal Meridian (located between 51st and 55th Avenues South and between Cherry Street and South Washington Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for December 15, 1997.

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

Council Member Klave 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 dedicated on the plat of TJ's Second Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE PLAT OF VERN'S
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Vern Gornowicz for preliminary approval of a plat of Vern's Addition, Grand Forks County, North Dakota, lying within a portion of the Southeast Quarter of Section 35, Township 152 North of Range 51 West of the 5th Principal Meridian (located on the north side of U.S.Highway No. 2 between the Grand Forks Gun Club and Swangler Auto Wrecking and currently occupied by Swangler Building Movers), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for December 15, 1997.

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

Council Member Klave 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 dedicaTed on the plat of Vern's Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

RESCIND SUSPENSION AND REINSTATE CERTIFICATE
OF OCCUPANCY REQUIREMENTS AS OF NOVEMBER 1,
1997

The Flood Response Committee reported having considered the matter of certificates of occupancy, and recommended to rescind the suspension and reinstate certificate of occupancy requirements as of November 1, 1997.

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

ADOPT ADMINISTRATIVE GUIDELINES FOR CBD
REHAB GRANT PROGRAM

The Flood Response Committee reported having considered the matter of Central Business District Rehab Grant Program, and recommended adoption of the administrative guidelines with change that would required 15% match for non-
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transactional establishments and allocate money in two separate pools, $2.5 million for immediate potential award and $2.5 million for which they would take applications until February 28, 1998, with award soon thereafter.

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

APPROVE ENGINEERING AGREEMENT WITH ACRES
INTERNATIONAL FOR TECHNICAL ADVISORY SERVICES
FOR DIVERSION STUDY

The Flood Response Committee reported having considered the matter of engineering agreement with Acres International for technical advisory services for diversion study at a maximum cost of $82,000.

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

ACCEPT PROPOSAL FOR COMMERCIAL APPRAISAL
OF DOWNTOWN VOLUNTARY ACQUISITION PROPERTIES

The Flood Response Committee reported having considered the matter of proposal for commercial appraisal of downtown voluntary acquisition properties, and recommended to accept the full bid from Appraisals and Real Estate Research, Inc. that includes a team of six appraisers put together by Joan Johnson. The bid includes the cost of $7,500 for the Appraiser Project Coordinator and $1,500 per parcel based on 43 parcels, with total cost being $72,000.

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

AUTHORIZE PURCHASE OF 6 LOTS IN CENTRAL
BUSINESS DISTRICT AND TO OFFER THE HIGHEST
OF TAXABLE VALUE OR MARKET VALUE

The Flood Response Committee reported having considered the matter of purchase of 6 parcels in the Central Business District: 323 DeMers Avenue, 15 South 4th Street, 20 South 4th Street, 18 South 4th Street, 16 South 4th Street and 407 DeMers Avenue, and recommended to authorize staff to offer the highest of the taxable value or market value and to execute a purchase agreement.

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

APPROVE CDBG FUNDING FOR PUBLIC SAFETY
COMMUNICATIONS AND 911 INFRASTRUCTURE
REPAIRS AND COSTS

The Flood Response Committee reported having considered the matter of public
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safety communications and 911 infrastructure repairs and costs, and recommended to allocate up to $100,000 of CDBG funds to cover difference in cost of equipment.

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

Council Member Sande questioned how much of the $128,000 for 911 equipment includes money for police department telephones and telephones in the rest of the building, that there is $50,000 in the budget for the police department telephone system. Council Member Beyer reported that the 911 Authority Board meets tomorrow and she will relate to the chair that police and PSAP have been talking and the needs in PSAP are much greater than telephone capacities of the police department.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE ESTABLISHING DOWNTOWN
DEVELOPMENT COMMITTEE

The Flood Response Committee reported having considered the matter of ordinance establishing Downtown Development Committee, and recommended to direct the city attorney's office to draft appropriate ordinances to implement the Memo of November 3, 1997 with intent of forwarding to council for first reading on Monday, November 17, 1998.

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

Council Member Glassheim introduced an ordinance entitled "An ordinance amending Section 24-0108 and adopting Section 24-0108.1 of the Grand Forks City Code relating to the Grand Forks Growth Fund and the establishment of the Downtown Development Commission", which was presented, read and passed on its first reading.

APPROVE ESTIMATE SUMMARY

Estimate Summary No. in the amount of $3,600 for Project No. 4654.123, Lift Station #9 Restoration, which was not included in the November 3 estimates, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this estimate be and is hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

RESCHEDULE PUBLIC HEARING ON PETITION TO
VACATE ALL OF SOUTH 23RD STREET AND UTILITY
EASEMENTS ADJACENT THERETO

The deputy city auditor reported the petition to vacate all of South 23rd Street and utility easements adjacent thereto had been scheduled for public hearing on September 2, 1997, however, the item was not placed on the agenda and not heard and council would need to reset the date for the public hearing.

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It was moved by Council Member Beyer and seconded by Council Member Hagness to reset the public hearing on this matter for January 5, 1998. Carried 14 votes affirmative.

APPROVE CHANGE ORDERS FOR PROJECT NOS.
4680 AND 4675

The Flood Response Committee reported having considered the matter of change orders for Congressional Resubdivision No. 1, Project No. 4680, and Congressional Resubdivision No. 2, Project No. 4675, and recommended approval of the change orders: Project No. 4680 in the amount of $86,533, and Project No. 4675, $114,873.90.

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

John O'Leary, Urban Development, reported that the change orders would provide crushed aggregate before concrete paving, and would allow paving to be held until next spring; that paving and other activities associated with putting in the infrastructure are going to be done as change orders because they need to fast track the project.

Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Hafner that we do now adjourn. Carried 14 affirmative.

Respectfully submitted,


Saroj Jerath
Deputy City Auditor

Approved:

Patricia A. Owens, Mayor