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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 8, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Tuesday, September 8, 1998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

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

SUSPEND AGENDA AND CONSIDER ITEM RE.
FLOOD PROTECTION REPORT

Mayor Owens asked the council to suspend the agenda and allow Mr. Ken Vein, city engineer, to give the flood protection, Shannon & Wilson report. It was moved by Council Member Bouley and seconded by Council Member Hafner to suspend the agenda. Carried 14 votes affirmative.

Ken Vein, city engineer, reported that a copy of the flood protection project city council update dated September 8, 1998 was on their desks and that table of contents have technical work, word of authorization, project financing, acquisitions, greenway and communication information dissemination plan. He stated that the technical work update under the Corps of Engineers will be repetitive from the past, that the draft general reevaluation report and the environmental impact statement are out; copies are available for the public to review at the Public Library and in the Info Center, and a copy has been set aside for council members to check out and review at their convenience. He reported that the Corps contractors have installed equipment near the water treatment plant and this is part of their instrumentation plan to measure water table changes and slide activity along the river, and a more detailed article about this will be in the next flood protection update that's due out next week..

He reported that Mark Meyers, the primary geotechnical engineer with the Corps on our project has notified the City that a slide has occurred just east of Riverside Manor by the Kennedy Bridge and included in report are some pictures of the size of the crack and the slide. He stated that he will talk about a tour that the council would be going on, have a chance to take a look at that, and will probably have to take some of the weight of the bank off and getting some additional information from Mark Meyers, and planning to get that this week.

Mr. Vein reported that Shannon & Wilson were authorized by City staff on August 17 to complete the following work items that were estimated to be in the $17,000 to finish the outstanding part of their previously approved contract, they are reviewing the Corps criteria methodology and will provide comments back to the City; reviewed the Corps plan for geotechnical exploration including instrumentation plan and will provide comments back and review Corps scope of work for their design memorandum on geotechnical issues and provide comments back. He reported he talked to Greg Fisher today about those, and they have just began some of that work and do not have exact timetable of when that would be completed. He reported that at the time Shannon & Wilson were given the notice to proceed, there was little information from the Corps for them to review, much work yet to be accomplished but Mr. Fisher has been sent a copy of the general reevaluation report and EIS and has begun their review of these documents. He reported note from Flood Response that a revised work scope for Shannon & Wilson will be coming at a later time.
Mr. Vein reported that with the alignment issues council and some city staff will be doing a bus tour of the dike alignment this coming Friday, September 11, at 3:30 in front of City Hall. He reported they will be scheduling a series of neighborhood meetings to discuss the issues of how to finance betterments as was directed by Flood Response, the dates and times that have tentatively been planned at this time are included in the report with the first meeting to take place on September 17.

He reported that Item II under WRDA Authorization, the House of Representatives will be back in session tomorrow, word is still being held up with a conflict with a Sacramento Flood Control Project; that the full Senate will have to pass the bill and both houses and senate are targeted to adjourn in early October, and Mayor Owens has sent a second letter to Speaker of the House Newt Gingrich encouraging that WRDA be brought to the floor for a vote before a close of the 105th Congress.

Mr. Vein reported that Item II is project financing under the Federal Appropriation Process total cost estimate is $342 million and don’t expect to see any changes or revisions to that, and that will be the amount that will end up being in the WRDA Authorization Bill, the delegation is trying to get the President to include this as a new start in the FY2000 budget. The State appropriations, no new word on State funding, State Communications Team continues to meet to discuss the best approach to this aspect of the project, the hiring of a legislative coordinator is still being considered and will be discussed further.

Mr. Vein reported that on local funding the Finance Department is coordinating a funding proposal for council to consider in financing the local share of the dike project and dike related changes to the water treatment plant that aren’t included in the Corps’ total project cost. The sludge plant and other components have to be moved because of the dike and that’s why included as a part of this. He reported that the Finance Committee has discussed the sales tax increase of up to a half percent to partially pay for the City’s share of the project, publication requirements preclude the vote from taking place during the November election, special election in early December or January is being considered; the rest of the City’s share could be paid with a citywide special assessment, and the Finance Committee will be coordinating that portion of the funding as well and the issue will be discussed at a finance committee or a committee of the whole.

Mr. Vein reported that Item IV, Acquisition, is for those properties affected by the proposed dike line but not in any other phase of the acquisition program, current status is 81 offers have been made, 7 files closed where people have changed their minds, 24 properties have been acquired and remaining 50 in some stage of the process.

Mr. Vein reported that under the Greenway proposal they have attached an organizational chart for the project showing how the entities will interact during the course of this project, joint powers agreements have begun to be drawn up to define the roles of the various entities. He stated that the City’s external greenway executive technical advisory committee is noted on the chart and has met to discuss and begin formulating the progression of the development of the greenway; the committee discussed the proposal from Greenways, Inc., Charles Flink, which would assist the City and other entities and agencies in developing an action plan for the development of the greenway. He stated that the City’s public works departments has hired a land restortionist to work on the greenway project with Sarah Helleckson, the coordinator.

Mr. Vein stated that under Communication Information Dissemination there will be two open houses for public review and comment on the Corps’ draft, general reevaluation report and EIS report on Tuesday, September 15 from 3:00 to 8:00 p.m. at the civic auditorium and on Wednesday, September 16 from 12:00 noon to 3:00 p.m. at the East Grand Forks City Hall. He stated they are trying to set up a series of neighborhood meetings to discuss the financing of geotechnical betterments where the Corps has identified the alignment geotechnically driven and there is an attached map showing the areas and the number of properties affected by the alignment, invitation letters for the meetings will be sent to those home owners directly impacted and a general meeting notice will be sent to all media, dates and times are a little tentative but try to stick with this as close as possible: Riverside Park area, September 17 at 7:0 p.m. at civic auditorium; Reeves Drive and Lincoln Drive on Tuesday, September 22 at 7:00 p.m.; from 25th Ave. S. and Elmwood Drive area, September 24 at 7:00 p.m. at civic auditorium and Sunbeam or Northridge Hills, Grassy and Loamy Hills area, Tuesday September 29 at 7:00 p.m. at civic auditorium. He stated that another series of meetings they are planning to discuss the interim flood protection project will be scheduled for November or January, prior to any type of flood potential occurring. Copies of this report are available in the back of the room for those in the audience who did not get any, along with maps which will be provided.

Council Member Lunak stated that there could be substitutes in this rather than betterments. Mr. Vein stated that if there is a substitution that occurs that’s not considered a betterment it would be naturally incorporated into the project if it is cheaper, the Corps of Engineers would basically design around that type of a substitution; the only thing he understands that they would actually ask any individual to pay for would be the City or somebody beyond the Corps of Engineers as a part of the project would be if it were more expensive, and less expensive one will be included if that becomes the approved plan.

SUSPEND AGENDA TO CONSIDER THE MATTER OF
FLOOD PROTECTION UPDATE, SHANNON & WILSON
SCOPE OF WORK

Mayor Owens asked the council to suspend the agenda to consider the matter of the flood protection update, Shannon & Wilson scope of work. It was moved by Council Member Bouley
and seconded by Council Member Brooks to suspend the agenda. Carried 14 votes affirmative.

The Flood Response Committee considered the matter of flood protection update, Shannon & Wilson scope of work, and recommended to add Item 11, $1,500, (settlement resulting from drainage) to proposed column and proceed with work as recommended in the amount of $33,000.

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

It was moved by Council Member Klave to amend the motion to increase the amount to $58,000 to include all the work that Shannon & Wilson had discussed to be done so that it can all be considered at this time. Council Member Beyer seconded the motion.

Council Member Glassheim questioned whether they want to go ahead with work before the council’s established any goals or criteria for reasonable amount above the costs of buyouts that would be accomplished. Council Member Klave stated he would like to hear from both staff and Shannon & Wilson as they are proceeding to do what they feel needs to be done in a chronological order, that Shannon & Wilson didn’t include dollar figure for the soil borings and tests on the past report; and would be an additional cost but they defined a scope of work to $78,000 and would like to see them accomplish that work so know where we’re at.

Joan Hawthorne, 222 Conklin Avenue, stated that the issue of betterments seems to be confusing the question of whether or not to go ahead with the study, the question of betterments would be a separate issue as Mr. Lunak and Mr. Vein pointed out, and if it turns out that there would be additional costs, then need to decide whether or not we are willing to pay those costs, and that is a decision that the entire community as well as the council needs to be involved in. She stated that now have no reason to think what they’re looking at would even be a betterment, it might be cheaper than what they’re currently looking at, but without the study they’ll never know and this is what’s troubling the people who are concerned about getting a study done.

Council Member Glassheim stated he wanted to read from Shannon & Wilson’s letter of August 27 to Mr. Grotte: 1) is while we believe that the work should be done, most items proposed for delay do not require a specific timetable for completion so that the expert hired of course agrees that those particular items do not need to be done now but if people want them done, can do it but the consultant doesn’t feel that they are crucial, however, he wanted to call attention to something else and it maybe that we should be spending more than $58,000, the question is what they are spending it on, and the thing that Shannon & Wilson underlines is the exception to what he just said which doesn’t matter if delay some of these items, the exception is the installation of the instrumentation. He stated in our opinion it is critical that this work be completed this summer so that the change in groundwater can be recorded over a season of low and high flows, it’s important that the instrumentation be extensive and provide enough repetition to prove a true identification of subservice conditions, and he would be happy to vote $10,000 or $30,000 or $50,000 more to accomplish that, but not sure thing arguing about tonight makes much difference, and would ask Mr. Vein whether we have enough instrumentation, what’s the process for finding out if we have enough, do we need additional money to provide instrumentation or will the Corps be doing that, or when will we know that so know whether we need to provide additional money beyond what we’re talking about tonight.

Mr. Vein stated he has some of the same concerns, the scope that has already been approved has basically requested that Shannon & Wilson review the geotechnical exploration plan that’s been authorized already, and sit down with the Corps and discuss what that plan actually consists of, now to the best of his knowledge, only looking at the work of the water treatment plant and not convinced that’s enough instrumentation but dealing with the Corps, Shannon &Wilson and ourselves try to come to some type of agreement on what is the best and the amount that we need, if for some reason we can get the Corps to actually hire the contractor to do that, that will be cheaper for us, if not and our consultant still continues to think that we need additional instrumentation. would bring that back to the city council and request the additional funding necessary at that time.

Upon call for the question on the amendment to allocate $58,000, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 13; voting “nay”: Council Member Bakken - 1. Mayor Owens declared the motion on the amendment carried.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 13; voting “nay”: Council Member Bakken - 1. Mayor Owens declared the motion carried.

TABLE ORDINANCE RE. CHANGE IN DEFINED
BENEFIT PLAN INDEFINITELY

An ordinance entitled “An ordinance repealing specified sections of Chapter VII of the Grand Forks City Code relating to retirement in General and Pension Plan”, which had been introduced and passed on its
first reading on June 15, 1998, was presented and read for consideration on second reading.

Mr. Swanson reported that the Insurance and Pension Committee did have a presentation by Don Carlson from Dorsey and Whitney at their last meeting, however, the final draft of that plan was not yet available, and would be appropriate at this time if the council would simply table this item indefinitely until such time as the final draft is provided to that committee by the Dorsey Whitney firm.

It was moved by Council Member Polovitz and seconded by Council Member Brooks to table this ordinance indefinitely. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3731, TO ANNEX SOUTH
PINES ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, South Pines Addition to the city of Grand Forks, North Dakota, less portion previously annexed”, which had been introduced and passed on its first reading on August 17, 1998, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 3732, TO ANNEX ALL OF
LOT 1, BLOCK 1, LECLERC’S ADDITION TO THE CITY
OF GRAND FORKS

An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, all of Lot 1, Block 1, LeClerc’s Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 17, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 3733, TO AMEND THE
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED AND RESERVED ON THE
REPLAT OF LOT 8, COUNTRYSIDE SUBDIVISION

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 and/or reserved on the Replat of Lot 8, Countryside Subdivision, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 17, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage

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

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

The city auditor presented and read the report from the Planning and Zoning Commission who had considered the matter of the request from Bruce Ternes for final approval of a Replat of Lot 8, Countryside Subdivision, Grand Forks County, North Dakota (located at 2733 Prairie Road, which is near the outer edge of the two-mile limit of jurisdiction), 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 Plan. The recommendation was approved by Council Members Babinchak and Klave.

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

ADOPT ORDINANCE NO.3734, AMENDING ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT
ALL OF LOT B, HARTY’S SECOND RESUBDIVISION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, all of Lot B, Harty’s Second Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 17, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Terry Rogers on behalf of Terry Rogers Construction, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District an to include within the I-2 (Heavy Industrial) district all of Lot B, less the westerly 30 feet thereof, Harty’s Second Resubdivision, city of Grand Forks, ND (located at 4330 Gateway Drive, north of Mini-Mart), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation was approved by Council Members Babinchak and Klave.

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

DEFEAT TIE VOTE IN CONSIDERATION OF ORDINANCE
RELATING TO ZONING REGULATIONS, R-5 (MOBILE HOME RESIDENCE) DISTRICT YARD REQUIREMENT RE. DISTANCE BETWEEN UNITS (ORDINANCE NO. 3725)

The city auditor presented the matter of breaking tie vote in consideration of an ordinance relating to zoning regulations R-5 (Mobile Home Residence) District yard requirements re. distance between units, that this is an item coming back based on a tie vote from a previous meeting, August 17, 1998.

Howard Swanson, city attorney, stated that an opinion he drafted dated August 27, 1998 and is on their desks, that at the last meeting as a result of a tie vote the question was whether the Mayor could vote on the adoption of an ordinance, that after researching the matter, it is his opinion that not only the mayor can vote but she’s obligated to cast a vote to break the tie. He reported that the public hearing on this item has been closed and the council debate has been concluded, and the only item remaining is for the mayor to publicly declare her vote in breaking that tie.

Mr. Swanson reported that the matter before this body was the adoption of an ordinance, and if the ordinance were adopted (a yes vote), the setbacks would be changed from 15 ft. to 20 ft., and if the ordinance were defeated (a no vote), the setback would remain at 15 ft. Mayor Owens cast her vote as no. It was noted that with that vote, the ordinance change is defeated.

HOLD PUBLIC HEARING ON REQUEST FOR
ESTABLISHMENT OF TAX EXEMPTION DISTRICT TO
ASSIST IN DEVELOPMENT OF THE FORMER SOUTH
JUNIOR HIGH SCHOOL, 1224 WALNUT STREET

The city auditor presented and read the request by MDI Limited Partnership #38 for a 10-year real property tax exemption pursuant to NDCC 40-58-201(11) , with the proposed development to consist of the substandard rehabilitation of facilities located at 1224 Walnut Street to create 45 units of senior housing. He exhibited copy of the affidavit of publication calling for the public hearing to be held this evening, and reported that no grievances had been filed with his office.

Mayor Owens called for the public hearing.

Chris Greenberg, 1204 Walnut Street, appeared in support of the project and stated that the neighborhood in general is in favor of the development of this property, and asked council to support them.

Ms. Stennes, executive director of the Association stated that many seniors are looking for affordable
housing and would be very interested in this project, and asked they support the project.

Dixie Evans, 1201 Walnut Street, stated she and her husband, support what MetroPlains is doing.

Gary Stenson, proposed developer of the South Middle School, and Jeannie Kelsey, development coordinator, who have been working on this development for the last ten months when knew the school was going to become available, talked to staff and council people about doing basically the same thing with that property that they did with the old St. Anne’s, which is now Riverside Manor. He stated that Riverside Manor was developed into 38 apartments for seniors, 55 and older, about 30 of the apartments are affordable and rest are market rate; and talked about using the same types of financing programs for this property. He stated they originally asked for the same percentages here, but costs have increased quite a bit since they did Riverside Manor in 1994. He stated that after various discussion and meetings they were at about 10-year tax abatement but only 50% of the taxes so would be paying $19,000/year, and that would amount to $190,000 abatement over the 10 years or present value of that is approx. $150,000 and that there are HOME funds that were recommended by the Urban Development Committee of $465,000, and total of that package would be about $615,000 divided by the 45 apartments at South Jr. High amounts to about $13,700 as opposed to the $17,000 from Riverside Manor. He stated that the deadline has been extended twice and can’t extend again, ND Housing Finance Agency is the reservation of the housing tax credits, and that deadline is the 14th of this month, or Monday. He stated they have been here for several meetings and there’s been a lot of discussion on the issue but that’s the deadline they have and would have to give back the affordable housing tax credits and basically all of the financing on a $4 million project unwinds at that point.

Mayor Owens closed the public hearing.

The city auditor presented and read the report from the Planning and Zoning Commission to whom was referred the matter of the request from Randy Schold on behalf of MDI Limited Partnership #38 for a determination as to whether or not the property at 1224 Walnut Street (former South Junior High School) to be described as Lots A and B, Block 1 of a Replat of Lots 19 through 34, Block 1, Lincoln Park View Addition, Grand Forks, North Dakota, including vacated alley adjacent thereto, is a slum and/or blighted area; that the proposed development or renewal plan is in conformity with the general plan or comprehensive plan of the municipality as a whole and approval of the creation of an urban renewal district boundary for establishing a TIF (tax increment financing) project for redevelopment purposes; and recommended that the site is a blighted area, that the proposed redevelopment is in conformance with the City’s comprehensive plan and that the proposed use is consistent with existing zoning for the site; and also approval of the creation of an urban renewal district boundary for establishing a TIF (Tax Increment Financing) Project for redevelopment purposes.

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

Committee No. 4, Urban Development , considered the matter of South Jr. High School project, and recommended to approve HOME funds in the amount of $465,000 grant and forward to finance committee to figure out the tax abatement. It was moved by Council Member Polovitz and seconded by Council Member Glassheim that this recommendation be and is hereby approved.

Committee No. 1, Finance, reported having considered the matter of tax exemption for South Middle School project, and recommended a 2-year 50% exemption. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved.
Council Member Lucke asked if the offer would be reasonable, with the two-year 50%. Ms. Kelsey stated that would not be feasible, that they need a 10-year at 50%.

Council Member Carpenter stated he wasn’t sure he supported the Urban Development recommendation of the $465,000 because the cost of the units for rehabilitation is over-stated. He stated that based on information that he’s been able to gather, $19,000 a unit is expensive. He stated that as they dealt with the recommendation for the Finance Committee, he made the motion for two-years, and believes that the operating expenses are grossly overstated He stated they want to develop housing but the question is at what cost of public dollars.

Mr. Stenson stated that the project wouldn’t be done without the funding. He stated that the cost of operating the project are based exactly on what it costs them to operate Riverside Manor, and that’s consistent with the other 4,000 housing units they manage in the midwest, that probably can operate it cheaper but that isn’t the way they operate real estate, that they want a nice facility that is well maintained, well staffed, and dealing with people 55 and older. He stated that control of developer’s fees is done by agency set up to do that, the ND Housing Finance Agency, and they’re the ones who have to review all the sources of funding, including local, federal and state funding and make sure that excess developer’s fees are not paid; that they have maximums on those and are well under that maximum.

John O’Leary, director of Urban Development Office, stated that the this can be made either as loan or grant, how you structure the HOME funds is entirely up to this body, the thinking behind the Urban Development Committee’s recommendation was to convert from a loan to a grant in hopes of trying to get the money back into the general fund because that’s where City needs it now; that they have prerogative to structure it back to original request with a 10-year tax exemption. He stated if structured as a loan those funds don't go back into the general fund, they go back to a targeted program, and way structured now it will go back into the general fund and city council have more flexibility on what to do with the revenues.

It was moved by Council Member Polovitz and seconded by Council Member Lunak to introduce a substitute motion to approve a $465,000 HOME loan and to allow a 10-year 50% tax abatement.

The city auditor stated that he had asked Mr. Swanson whether in establishing a tax exemption they could revisit it, in setting a time period or setting the cap for the total dollars so that if any growth in valuation, growth in mill levy, etc. gets you to that dollar amount quicker. Mr. Swanson reported that he had advised the finance committee that you only have the opportunity to consider the tax exemption application at one time, would not have the ability to act upon it tonight and at a future date, however, it appears possible under the Statutes that you could provide an exemption based upon a net tax savings or combination of years and net tax savings with a maximum, and may or may not be an option.

After further discussion it was moved by Council Member Carpenter and seconded by Council Member Hafner to amend the substitute motion to make years 1 through 5 a 50% exemption and years 6 through 10 a 25% exemption.

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

Upon call for the question on the substitute motion, as amended, and upon voice vote, the motion carried;
Council Member Carpenter voted against the motion.

ADOPT RESOLUTION VACATING ALL OF CUL-DE-SAC
OR TURN-AROUND LYING WITHIN BLOCK 31, TOWN
OF GRAND FORKS, NOT PREVIOUSLY VACATED

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the cul-de-sac or turn-around lying within Block 31, town of Grand Forks, not previously vacated, said cul-de-sac or turn-around as platted in the plat of the Town of Grand Forks, adjoining Lots 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12, Block 31, city of Grand Forks, 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 none.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7626 - Resolution.

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

DETERMINE INSUFFICENCY OF PROTEST ON PAVING
DISTRICT NO. 560, PROJECT NO. 4225.2

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 560, Project No. 4225.2, construction of pavement on South Washington Street from 32nd Avenue south to 40th Avenue South, had expired on September 8, 1998, and that he had received no written protests.

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

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

Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7627 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lunak that we do hereby find and determine an insufficiency of protest against Paving District No. 560, Project No. 4225.2, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.




CONCUR WITH NORTH DAKOTA DEPARTMENT OF
TRANSPORTATION IN AWARD OF PAVING PROJECT
NO. 4225.2, DISTRICT NO. 560, STATE PROJECT NO.
SU-6-986(042)045, U-CMU-6-081(030)941 AND
TEU-6-081(038)941

The city auditor reported that tabulation of bids for construction of Projects SU-6-986(042)045, U-CMU-6-081(030)941 and TEU-6-081(038)941, South Washington Street from 26th Avenue South to 40th Avenue South in Grand Forks, City Project No. 4225.2, District No. 560, had been received by the ND Department of Transportation at their bid opening on August 21, 1998, and that the low bid for the Reconstruction, Grading, Surfacing, Sewer, Structure, Signals, Lighting, Signing, Marking and Incidentals was submitted by Strata Corporation of Grand Forks, ND in the amount of $5,979,751.80, and requested concurrence from the City of Grand Forks prior to award of the bid. He also noted that the communication from the Department of Transportation stated that according to the agreement with the City of Grand Forks, the City’s share for Project SU-6-986(042)045 is estimated to be $651,247 and for Project U-CMU-6-081(030)941 is estimated to be $497,883 and for Project TEU-6-081(038)941 is estimated to be $50,520 for a total of $1,199,650.

Committee No. 3, Public Service, reported having considered the construction bids for various projects: Project No. 4225.2, District No. 560, paving South Washington Street from 32nd Avenue South to 40th Avenue South, and Project No. 4655, paving South Washington Street from 26th Avenue South to 32nd Avenue South, and recommended to accept the bid from Strata Corporation in the amount of $5,979,8751.80, contingent upon Department of Transportation approval and $121,000 of CDBG for the storm sewer on 40th Avenue South.

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

COUNCIL MEMBERS LUNAK AND MARTINSON EXCUSED

APPROVE APPLICATIONS FOR BUILDING PERMITS
TO MOVE BUILDINGS TO VARIOUS LOCATIONS

The city auditor reported that the notice of public hearing on the application by Joe A. Byram to move a building from a) 1501 North 3rd Street to 115 Seward Avenue to be used as storage has been published and posted as required.

The city auditor reported that the notice of public hearing on the following applications for moving permits had been published and posted as required:
b) move house from 10 Fenton Avenue to 1520 North 6th Street
c) move house from 102 Conklin to 405 Alpha
d) move house from 57 4th Avenue South to 614 South 4th Street
e) move house from 1119 Almonte Avenue to 905 Chestnut Street
f) move house from 7 Euclid to 812 Almonte Avenue
g) move house from 1604 Lewis Blvd. to 102 Conklin Avenue
h) move house from 1614 Lewis Blvd. to 1823 North 4th Street
i) move house from 1628 Lewis Blvd. to 1826 North 6th Street
j) move house from 1518 Riverside Drive to 10 Fenton Avenue

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.

Marci Glessner, 901 Chestnut Street, stated that there is an application to move house from 1119 Almonte to 905 Chestnut street, adjacent to their house, that the former house was demolished the beginning of August; and that neighborhood took it upon themselves to take care of the yard. She stated the house they are intending to move to this location will fit onto the 30 ft. lot and does have historical value but the outside of the house is in bad shape, and asked who was going to be responsible for fixing up the outside of the house, and making sure the inside gets up to Code (building had main floor damage), and when would house be moved and repairs done. She stated that earlier they wanted to keep 15 ft. between mobile homes but that’s about the amount of space between their house and house being moved in. She stated their neighborhood is trying to get back on its feet, doing a lot of home repairs and that they just got rid of an “eyesore” and do not want another one.

Council Member Hafner stated that the Office of Urban Development will restore the exterior of that house, but had some concern re. the 30 ft. lot. Mr. O’Leary stated he didn’t believe any of these lots were 30 ft. lots, and if in fact it is, that’s not an appropriate lot for them to move a house to, and would take that back to committee for further consideration.

Robert Frazier, 111 8th Avenue South, spoke in regards to moving a house from 7 Euclid to 812 Almonte, his property is adjacent to lot where this house is to be moved, and raised questions as to the size of the house to be moved in, house is larger and doesn’t see where it would be situated on the lot. He stated he’s not in objection to a house being moved to that lot, but thinks the house being proposed is too large and if a smaller house or one of equal size to one that is there would be fine. He stated he has requested in the past since last summer knowing that this house was going to be purchased, that he was willing to buy that property and maintain that property and as of yet has heard nothing back. He stated he would like more information before these houses are moved onto these properties as to safety factors, what repairs will be done to bring up to Code.

Mike Swendsied, 1825 North 4th Street, stated they live adjacent to one of the aforementioned properties, 1823 North 4th Street, and that he believes it would be fiscally expedient to rehab the present house at its location, and that house fits in perfect with the neighborhood because built at the same time, and would like council to look into expenses of moving proposed house, building basement, etc. and also the cost of rehabbing the existing house at its location.

Council Member Polovitz stated that he would like to send all of this back to the Urban Development Office and that they meet with concerned neighborhoods and hear this out before it comes back to council, and to continue the public hearing to the next council meeting. Council Member Martinson seconded the motion.

Mr. O’Leary stated that they should know the consequence of the motion. He stated that over the last 6 or 7 month period the City has been negotiating with the Historic Preservation Commission and the State Historical Society on a handful of houses that the State and local Commission feel are important to our historic heritage. He stated that they started with a very long list and this is about 10 houses that are potentially salvageable, that they will be tearing down a potentially rehabbable house to move a historical house onto the lot; this is part of the mitigation and part of the requirements of the CDBG funds; that these regulations were not waived by HUD and it is a requirement of the City to comply with historic mitigation, and is a negotiated process and goes on with every grant that we do. He stated in this case it involved 450 houses from across the community and have this down to a handful of homes that are going to be mitigated, and will probably spend a little more than what these houses are worth trying to fix them. He stated that if this goes back to committee and we go on with the negotiation process, part of that negotiated agreement has been to proceed with the demolition of a number of other houses, another 24 houses are up for contract and won’t be able to award that contract and won’t be able to proceed with the demolition of those homes until they determine what they are going to do with the historical houses. He stated that the ones that are relocated, and ten in front of council tonight, have been looked at by the State Historical Commission, have hired an historical architect, Royce Yeater, a gentleman very experienced in this, and has looked at both architectural and historical qualities of the houses, as well as whether or not they are good candidates for rehab. He stated that the City is committed to do as part of the mitigation, to rehab the outside of the houses, to repair the house to its original historic heritage (outside), to put a new foundation under it, a new mechanical system and new electrical system in it, and bring the house up to Code, then put on the market and sell it. He stated they are trying to comply with the historic preservation and mitigation requirements that are put onto us as City officials because of the CDBG money, and at the same time the last thing want to do as city government is to present another problem into these neighborhoods. He stated the way they are bidding this is it would be a turn-key operation, one contractor would be responsible for digging the foundation, moving the house, finding appropriate and qualified people to put in the mechanical and electrical systems and to restore the house to its exterior in compliance with historical regulations. He stated there may be more houses coming up and that is the negotiated agreement with the City. He stated that if this were turned down tonight and send it back to committee, you need to understand that it will stop the demolition of all the other houses that are part of this agreement. Mr. O’Leary stated they have used the uniform mechanism to inform the public about these proposed relocations, etc.

Council Member Hafner stated that the requirement is that they have to have these historic houses moved to fulfill our obligation. Mr. O’Leary stated they are running into something else on relocation of houses, have tried to find a house and a lot that would work together, size is right, adjoining property is right, age is right, etc. and have also contacted the Park Department about trimming trees, can’t move houses without tree trimming.

Upon call for the question to continue the public hearing to September 21, 1998 and upon voice vote, the motion was defeated.

Gordon Isminger, 2429 9th Avenue North, stated he was a member of the Historic Preservation Commission and that we are faced with a prospect of losing a great deal of our historical heritage, that their Commission working with Urban Development has agreed to destroying many houses on condition that they can save some of the more historic houses in town, and have narrowed their list to ones have tonight and several more. He stated there have been occasions when people could come to their meetings and have listened to their protests under advisement, have dealt with them, have had a meeting with historical architect from Fargo who has studied all of these houses, vacant lots in town, and has tried to pair each house with a lot, and what they have tonight is a result of their consideration, and that time for protests is past, this has to be done and urged council to accept recommendation.

Sue Ann Fraiser, 1118 8th Avenue South, stated that she approves of the Historic Preservation Commission’s work and what they are doing, but does not approve of no one in the neighborhood knowing what was going on; that they feel that the house that is proposed to be placed on the property next to theirs is invasive, is much larger than the existing house. She stated that there are 8 lots between her house and her father’s house at 919 Cherry Street that have been abandoned, and knows that some of
those lots are much larger than the one adjacent to their house.

Gary Larson, 1821 North 4th Street, stated he lives adjacent to lot where house is being proposed for, no problem with it, and would like some assurance that it will meet Code as far as being so far from property lines and lined up with existing houses in the block; and stated that the letter he received re. the house that is being placed there from 1628 Lewis Blvd. will need the following repairs: new foundation, extensive flood damage repair, and it also stated “mold everywhere”, and when have moldy house and going to bring it in and redo it, concerned that get all the mold out of there and when this house is sold to someone that they are made aware that it was full of mold when they moved it in there.

Bev Collings, Building and Zoning Administrator, stated that they’ve looked at the site plans with the exception of one site plan in Riverside area, and all meet the current setback requirements, not the setback requirements that the neighborhood looks like now; that these homes will have to meet the current setback requirements in the Code, they have to meet the coverage requirements, can’t cover over 40% of the property or 35% in some areas. She stated they have to have the proper sideyard setbacks, front yard setbacks, rear yard setbacks, etc. and stated that the letter re. “mold everywhere” was put there on purpose to make it a point that it is very moldy and needs to be sanitized, and want everyone to be aware of that, want it upfront so know what they are getting, but that it’s the historic elements of the house that’s keeping the house. Mrs. Collings also stated that every property owner within 200 ft. of the property was notified by mail.

Council Member Hafner raised the question on the setbacks, that if existing houses are ie., 15 ft. and requirements are 25 ft., would have houses at different setbacks, next door to each other. Mrs. Collings stated that’s what the Code requires, but could get variance to that and would go through the Board of Adjustments, but haven’t been looking at that.

Lonnie Winrich, Historical Commission, stated that the Commission has been working with these mitigation programs for a long time, that their meetings are open to the public and have been attended by a number of members of the public. He stated that the neighbors have been informed by the normal process of public meetings and announcements of these programs, etc., that members of the Historic Preservation Commission and members of the staff of Urban Development have met with some of the neighborhoods and in some cases plans for moving houses, etc. have been changed as a result of those meetings and deliberations.

Mayor Owens closed the public hearing.

Committee No. 3, Public Service, reported having considered the matter of applications for moving permits and recommends to approve the moving permits excluding item d) 57 4th Avenue South to 614 South 4th Street until staff works out the concern they have on where the location will be, and includes borrowing $1.25 million from the State line of credit to facilitate cash flow of the project.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be approved.

It was moved by Council Member Beyer to amend the motion to send d), e), f) and h) to Urban Development Committee with power to act. Council Member Brooks seconded the amendment. Carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 14 votes
affirmative.

APPROVE POLLING SITES FOR GENERAL ELECTION
TO BE HELD ON NOVEMBER 3, 1998

The city auditor presented and read the polling sites for the several precincts in the city of Grand Forks for the general election to be held on Tuesday, November 3, 1998. It was moved by Council Member Hamerlik and seconded by Council Member Klave that the polling sites be approved as presented. Carried 14 votes affirmative.

RECESS

Mayor Owens called for a ten-minute recess of the council at 9:50 p.m.

At 10:00 p.m. the council reconvened its meeting with all members present with the exception of Council Member Lunak.

REPORTS OF OFFICERS

The city auditor presented the city auditor’s cash balance report as of July 31, 1998. It was moved by Council Member Beyer and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 13 votes affirmative.

COUNCIL MEMBER LUNAK REPORTED BACK

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, July 30, 1998, that notice had been published as required and that the following appeals were heard: 1) Lyle and Margaret Rieger, 1124 4th Avenue North, request for variance to the second front yard setback requirements to erect an addition to the home, and variance allowed 7 ft. of second front yard setback; 2) Treble Lysenko, EAPC, on behalf of Kelly Thompson, 702 Reeves Drive, request for variance to the side yard setback and accessory building foundation requirements to erect an addition to the rear of the house, and existing detached garage will be attached, and variance allowed 3 ft. of sideyard setback and approved slip joint construction between the addition and existing garage in order to construct an addition to the house that will be attaching the existing detached garage; 3) Grand Forks Zion Methodist church, 1001 24th Avenue South, request for variance to the impervious surface area requirements to erect additional parking, and variance allowed 46.8% of impervious surface area in order to construct additional parking.

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

SUSPEND AGENDA AND CONSIDER ITEM RELATING
TO FUNDING UNIVERSITY VILLAGE PROJECT

It was moved by Council Member Beyer and seconded by Council Member Hafner to suspend the agenda and consider the item relating to funding the University Village project. Carried 14 votes affirmative.

Council Member Carpenter moved to reconsider the motion that was approved at the special city council meeting which did not allow the use of CDBG funding for this project, and in visiting with the city attorney this would be an appropriate time to move for reconsideration. The motion for reconsideration was seconded by Council Member Beyer. Carried 14 votes affirmative.

Council Member Carpenter stated the reason for reconsideration is that they have a project that the council supports and have demonstrated that but based on the results of their southend housing study last week, it would be much more appropriate to utilize for the University Village Project CDBG funds, and that this is a flood-related project, assistance to the University is a method of attracting students to the University where they suffered losses of students because of the flood. He stated that in doing this with CDBG funds allows them to maintain our City funds, excess city sales tax and the loan and stabilization so have that for other projects which they cannot use CDBG funds for, and referring to one potential project being the southend golf course. He stated that as he has gathered some public opinion and feelings of the council, don’t want to be a developer of a housing project but may want to see an Arnold Palmer golf course occur in the southend of Grand Forks as an economic development and quality of life facility. He stated that they would not be committing any dollars to that but by using CDBG for University Village would maintain those other funds and have the flexibility of using those for other projects. He stated he thought it would be appropriate to do that and asked the city attorney the question of whether Finance could recommend CDBG funds, he stated no because council had specifically recommended not, and the motion that came to council tonight recommends utilizing other sources of funds, and now we have that other motion before us, and moved an amendment that we delete the requirement that CDBG funds not be allowed for University Village and that the $1.6 million come from CDBG. Council Member Hafner seconded the motion.

Council Member Glassheim stated that in the original motion coming out of committee there was an item attached that they fund the University Village Project and that it be contingent upon signed agreement for a major tenant, and asked if that would be attached to this motion. Council Members Carpenter and Beyer stated they would include that in their motion.

Council Member Hafner stated that the infrastructure that we’re proposing to put in with block grant funds if this proposal goes through, does not put infrastructure in for private development, it only puts infrastructure in the southend of the development which is the area that the University wants to develop, and if private development goes in they would be paying their assessments accordingly, and matter of golf course will be debated at another time if we pass this motion.

Council Member Babinchak stated that she was under assumption at Finance meeting that in the southern half Barnes & Noble or other bookstore would be part of this infrastructure and also the University Village collection of stores, so the $1.6 million is not just for University buildings. President Ken Baker stated that if Barnes & Noble project were to occur, that would essentially be relocating the University bookstore from its current location to a Barnes & Noble superstore and is a commercial effort but would essentially be the University bookstore in that capacity. He stated that the notice is to move the University bookstore and to vendor the University bookstore out; and area that would be part of the University Village would be commercial area; that with reference to all of the north end development component of this would be self-assessed and that’s what they assumed from the beginning, and that will be the major commercial area on the Bronson property.

Upon call for the question on the amendment, and upon roll call vote the following voted “aye”: Council Members Polovitz, Lucke, Bouley, Glassheim, Carpenter, Klave, Beyer, Bakken, Hafner, Brooks - 10; voting “nay”: council Members Hamerlik, Lunak, Babinchak, Martinson - 4. Mayor Owens declared the
motion carried.

Upon call for the question on the motion, as amended, and upon roll call vote the following voted “aye”: Council Members Polovitz, Lucke, Bouley, Glassheim, Carpenter, Klave, Beyer, Bakken, Hafner, Brooks - 10; voting “nay”: Council Members Hamerlik, Lunak, Babinchak, Martinson - 4. Mayor Owens declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of funding the University Village Project, and recommended to allocate $1 million from excess sales tax funds and $600,000 from loan on Stabilization Fund, contingent upon signed agreement.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon voice vote the motion was defeated by a vote of 14 nays.

APPROVE BILLS

Vendor Payment Listing No. 98-15, dated September 8, 1998 and totaling $4,309,916.12, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

COUNCIL MEMBER LUNAK EXCUSED

CONSIDER PROPOSED BUDGET FOR 1999

The Committee of the Whole reported having considered the matter of proposed 1999 budget for the City of Grand Forks, and recommended to approve the 1999 preliminary budget.

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

The city auditor presented and reviewed the draft of the preliminary budget which included changes to preliminary budget as recommended by the Committee of the Whole.

COUNCIL MEMBER LUNAK REPORTED BACK

There was some discussion relative to the events center. Mr. Vein stated they had entered into multi-year contracts with Compass Facility Mgmt. and have $80,000 that was going to be under the advertising and $219,000 in consultants and that took up the major components of the total $334,000, and balance is various administrative costs.

Council Member Glassheim stated he would like to adopt instructions for the Mayor and staff to bring in a total budget at 134 mills, that he thinks it’s a mistake not to decrease the budget, think that have seen people understand when they see a 6% increase in total spending, that that’s in increase even if the mills remain the same and think people understand instinctively that we’re going to have additional taxes on property to pay for the dike, and thinks it would be sound of us to send message that we can have decreases as well as increases in our budget.

Terry Bjerke, 5356 5th Avenue North, stated he is a fiscal social conservative, and believes the City budget needs to be examined as to where going as a city, and need to ask ourselves some questions. He stated they’ve seen a general fund increase and a property tax increase of several times the rate of inflation, utility rates have increased, and doesn’t accept the fact that just because the State mandates that council assess the properties at the correct value and can’t do anything about it, can lower the mill levy and make it a wash. He stated that he agrees that the School Board has an obligation and nobody seems to mention that, they are spending half the property tax money, their budget continually increases and the amount of students they service continually goes down. He stated that people they have on all these committees and advisory committees want a progressive city, and progression seems to be a continual spending of the people’s money to fund their projects and their agenda. He stated that the council needs to abandon the policy of high taxes for economic growth, that we are the highest cost of living in the private sector in the State of North Dakota, highest tax city in the State of North Dakota, and there has to be a reason for that. He stated that a change needs to occur tonight and need to look at this budget. Mr. Bjerke asked for a roll call vote on this issue and that citizens need to know by name who wants to increase their taxes, looking at a sales tax increase tonight and looking for property tax special assessment increase for the dike, etc.

Council Member Beyer stated that the budget is increasing by 6.6% and that part of that 6.6% is good news, that we have more taxable property on the tax rolls that is yet to be reported in the paper, and doesn’t know if general public understands that the 6.6% increase isn’t all coming from mills but coming from more taxable property on the tax rolls.

Upon call for the question on approval of the preliminary budget, as amended, and upon roll call vote, the following voted “aye”: Council Member Lucke, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Brooks, Polovitz - 10; voting “nay”: Council Members Hamerlik, Glassheim, Lunak Martinson - 4. Mayor Owens declared the motion carried.

CONSIDER MATTER OF REQUEST FROM OWNER OF
FORMER FIRST NATIONAL BANK BUILDING FOR TIF
EXEMPTION, REFER TO PLANNING AND ZONING FOR
CONSIDERATION OF SLUM AND BLIGHT AREA, AND
SET PUBLIC HEARING FOR OCTOBER 5, 1998

Committee No. 1, Finance, reported having considered the matter of request by owner for former First National Bank, 322 DeMers Avenue for TIF exemption, and recommended to refer to Planning and Zoning for consideration for classifying the area as slum and blight and to establish public hearing under request for tax exemption for October 5, 1998.

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

APPROVE APPLICATIONS FOR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered applications for remodeling exemptions for a) 214
North 4th Street, Lyons Auto Supply and b) 210 North 4th Street, Lyons Auto Supply, and recommended approval for the three-year period.

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

REFER MATTER OF SALES TAX FOR LEVEE PROJECT
BACK TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of sales tax for levee project, and recommended adoption of resolution, notice and proposal to amend ballot language with change up to one-half cent, that it be November, 1998 and any other changes because of that be made.

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

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

APPROVE BUDGET AMENDMENTS

The city auditor presented the following budget amendments:
Police Department, $710.00 to reflect donation for Counter Act School Program,
Water Distribution, $31,825 from cash carryover to replace/repair Red Lake River Pump #9,
Aurora Event Center Administration, $64,561 from cash carryover for anticipated expenses.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that these budget amendments be approved. Carried 14 votes affirmative.

APPROVE PURCHASE OF STORM AND SANITARY
SEWER PLUGS FOR SECONDARY LINE OF DEFENSE

Committee No. 3, Public Service, reported having considered the matter of purchasing storm and sanitary sewer plugs for second line of defense flood protection plan, and recommended to approve $55,500 for purchase of plugs, with suggestion that need to establish flood-fighting fund for these types of purchases.

Committee No. 1, Finance, reported having considered the matter of purchasing storm and sanitary sewer plugs and recommended to amend budget and take funds from excess carryover from sanitary and storm sewer funds.

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

DECLARE SURPLUS PROPERTY (COMPUTER
EQUIPMENT) AND OFFER FOR SALE

Committee No. 1, Finance, reported having considered the matter of sale of computer equipment a 10-11
year old MacIntosh computer and an Apple-MacIntosh laser personal LS printer, and recommended to transfer computer to IS for sale as surplus property and declare printer surplus and enter into a direct sale of $50.

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

AUTHORIZE REVIEW OF POLICY ADOPTED FOR
TAX INCREMENT FINANCING AND EXEMPTION IN 1994

Committee No. 1, Finance, reported having considered the matter of policy adopted for tax increment financing and exemption in 1994, and recommended that the city auditor and designees to review policy.

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

CONSIDER BIDS FOR IBM SYSTEM 400

Committee No. 1, Finance, reported having considered the matter of bids for IBM System 400 and recommended to declare minor technicality and accept and open second bid delivered late by Airborne Express.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik to open the bid. Carried 14 votes affirmative.

The city auditor opened and read the bid from North America Sales Center as follows: City Hall bid of $90,822 and for Police Department $61,727. He reported that the other bid came from Midrange Solutions and had a bid of $51,834 for the Police Department and $90,774.00 for the City Hall computer.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak to accept the low bid of Midrange Solutions. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

DIRECT CITY ATTORNEY TO MAKE REPORT ON
WEBSITE TO COUNCIL

Committee No. 1, Finance, reported having considered the matter of Website report, and recommended that the city attorney make a report and return to city council.

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

Jerry Waletzko, 4806 6th Avenue North, stated that Mr. Swanson has been asked about legality of this sale (to Grand Forks Herald), and his concern is that’s a way to open up the debate for a policy discussion on this body’s part regarding an issue of technology and interacting on the internet, that a third of all real estate business is now being conducted on the internet as well as lot of other businesses and everyone has information they want to put on the net. He stated he saw this as an opportunity which went undebated by this body and by defacto decision of the Grand Forks Herald choosing that site, which was community’s site, that this was started and created for the community and there was an opportunity for a town square on the internet, and as it stands with it going over to the Herald will have to pay competitive rates to stay and play against the other players, and if can avoid that and save himself some money with council’s help, would appreciate that, and would like City to take charge .

Council Member Glassheim asked to hear explanation of the advantages, if any, to the City of arrangements that were made and how it came about, and present status.. The city auditor reported that the Development Foundation established the web page, that the City of Grand Forks asked if we could borrow it after the flood, we did register our name - this did not go to council, and when done it would go back to the Development Foundation; City would go to our government site, using our people and the MIS department to maintain it. He stated that when they were to give it back to the Development Foundation, they directed us to sign it over to the Grand Forks Herald. Mr. Waletzko stated that if they check with people who register this, this is registered to the City of Grand Forks. The city auditor stated that the city attorney will look at it and give opinion.

Upon call for the question, the motion carried 14 votes affirmative.

AUTHORIZE BLOCKING OF STREETS FOR BAND
PRACTICE

Committee No. 2, Public Safety, reported having considered the request from Central High School to block streets for band practice during weeks of September 1-4 and 8-11, and recommended to accept request of Central High School.

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

AUTHORIZE CENTRAL HIGH SCHOOL TO HOLD
BONFIRE AND PEP RALLY ON RIVERBANK AREA

Committee No. 2, Public Safety, reported having considered the request from Grand Forks Central Knights Cheerleading and 1998 Homecoming Committee to hold bonfire pep rally in lot below Chamber of Commerce, and recommended request be granted provided necessary form and applications be handled through police and fire departments and city attorney’s office.

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

DIRECT TRAFFIC ENGINEER TO WORK WITH POLICE
DEPARTMENT AND SCHOOL SYSTEM RE. CROSSWALKS
AT 11TH AVENUE SOUTH AND SOUTH 21ST STREET

Committee No. 2, Public Safety, reported having considered the matter of study on crosswalks at 11th Avenue South and South 21st Street, and recommended that Mr. Thompson, traffic engineer, work with the police department and the school system to come up with some recommendations or solution.

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

APPROVE SOLE SOURCE PURCHASE OF RADAR
SYSTEM FOR POLICE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of sole source purchase of radar systems for police department, and recommended approval.

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

APPROVE BIDS FOR PORTABLE RADIOS FOR
POLICE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the bids for portable radios for police department, and recommended approval to take recommendation to go with Stone’s 16 channel as police officers need best protection that now they are on foot patrol.

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

APPROVE GRANT AMENDMENT WITH NORTH DAKOTA
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant amendments with North Dakota Department of Health: a) Maternal Child Care grant and budget amendment.
and recommended to accept Cancer Prevention Grant for Women that the department has received and amendment is additional $1,000.

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

A request for budget amendment for Women’s Way Grant in the amount of $22,951 to reflect new grant award for 1998-99 ($34,502) and amendment reflects projected expenses for 1998, and remaining amount of grant has been projected in the 1999 HL35 budget, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 14 votes affirmative.

INRODUCE ORDINANCE PROHIBITING POSSESSION
OR MANUFACTURING OF FALSE IDENTIFICATION
DOCUMENTS

Committee No. 2, Public Safety, reported having considered the matter of adoption of an ordinance prohibiting the possession or manufacturing of false identification documents, and recommended to introduce a first reading of the ordinance.

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

Council Member Glassheim introduced an ordinance entitled “An ordinance adopting Section 9-0112 of the Grand Forks City Code relating to the possession and manufacture of false identification”, which was presented, read and passed on its first reading.

CONSIDER VARIANCES TO THE NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the matter of request by Peter Naas, 318 North 26th Street, for variance to noise ordinance, and recommended that the request be denied.

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

Committee No. 2, Public Safety, reported having considered the matter of variance to the noise ordinance for Rio Bravo, and recommended to approve the request provided necessary authorities are notified and in cooperation with the police department and the time must be changed from 8:00 to 12:00 midnight, dependent upon the city attorney’s review and cooperation of the police department.

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

Committee No. 2, Public Safety, reported having considered the matter of variance to the noise ordinance for Sigma Nu, and recommended to approve with the time changed to 12:00 midnight depending upon approval from the city attorney and the police department.

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

APPROVE REQUEST BY JAYCEES FOR BONFIRE

Committee No. 2, Public Safety, reported having considered the matter of Jaycees request for bonfire, and requested to approve provided the Jaycees work with the fire department, police department and the city attorney’s office and that the time be set from 1:00 to 3:00 a.m.

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

AUTHORIZE PAYMENT OF SEWER REPAIR AT 2912
BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of sewer repair at 2912 Belmont Road in the amount of $7,602.36, and recommended to pay bill including any City expenses incurred since backfill not properly done and more than likely the asphalt used as backfill caused the break, therefore, responsibility does probably belong with City.

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

INTRODUCE ORDINANCE ADOPTING THE 1997
UNIFORM BUILDING CODE, BY REFERENCE

Committee No. 3, Public Service, reported having considered the matter of revisions to 1997 UBC Uniform Building Code, Article 1, Building Code, 19-0101, and recommended to approve and to introduce the ordinance for first reading.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend and re-enact Section 19-0101 of the Grand Forks City Code, relating to the adoption by reference of the 1997 Uniform Building Code, an ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Grand Forks; providing for the issuance of permits and collections of fees therefore; providing penalties for the violation thereof and repealing said original section heretofore effective”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE ADOPTING THE 1997
UNIFORM MECHANICAL CODE, BY REFERENCE

Committee No. 3, Public Service, reported having considered the matter of revisions to 1997 UMC Uniform Mechanical Code, Article 5, Mechanical Code, 19-0501, and recommended to approve and to introduce ordinance for first reading.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance amending Sections 19-0515 and 19-0517 of the Grand Forks City Code relating to the adoption by reference of the 1997 Uniform Mechanical Code”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ADOPTION
BY REFERENCE OF THE 1996 NATIONAL ELECTRICAL
CODE

Committee No. 3, Public Service, reported having considered the matter of amendment to City Code sections, 19-0208, National Electrical Code, and recommended approval and to introduce the ordinance for first reading.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend and re-enact Section 19-0208 of the Grand Forks City Code, relating to the adoption by reference of the 1996 National Electrical Code, an ordinance regulating the installation, alteration or repair of any electrical system in the city of Grand Forks and repealing said original section heretofore effective”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ADOPTION
BY REFERENCE OF THE UNIFORM HOUSING CODE

Committee No. 3, Public Service, reported having considered the matter of amendment to City code sections, 19-0401, Housing Code, and recommended to approve and to introduce the ordinance for first reading.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend and re-enact Article 4, Housing Code, Section 19-0401 of the Grand Forks City Code, relating to the adoption by reference of the Uniform Housing Code, an ordinance regulating the erection, construction, enlargement, repair, alteration and maintenance of dwelling units in the city of Grand Forks and repealing said original section heretofore effective”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO EXCAVATION
PERMIT FEES

Committee No. 3, Public Service, reported having considered the matter of amendment to City code sections, excavation permit fee changes , 16-0409, and recommended to increase permit fee to $40.00 to include borings and linear excavations and fees relating to boring and other linear types of excavation and the process fees.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 16-0409 of the Grand Forks City Code relating to excavation permit fees”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCES RELATING TO THE
ADOPTION BY REFERENCE OF THE 1996 NORTH DAKOTA
STATE PLUMBING CODE, AND RELATING TO THE
ADOPTION BY REFERENCE OF THE 1996 NORTH DAKOTA
STATE SEWER AND WATER SERVICE CODE

Committee No. 3, Public Service, reported having considered the matter of amendment to City Code sections, mobile home site plan fee, and recommended approval to update to 1996 Code and to approve the plumbing code.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend and re-enact Section 19-0325 of the Grand Forks City Code, relating to the adoption by reference of the 1996 North Dakota State Plumbing code, an ordinance regulating the installation, alteration or repair of any plumbing in the city of Grand Forks, and repealing said original section heretofore effective”, which was presented, read and passed on its first reading.

Council Member Babinchak introduced an ordinance entitled “An ordinance to amend and re-enact Section 19-0326 of the Grand Forks City Code, relating to the adoption by reference of the 1996 North Dakota State Sewer and Water Service Code, an ordinance regulating the installation, alteration or repair of any sewer and water service lines in the city of Grand Forks, and repealing said original section heretofore effective”, which was presented, read and passed on its first reading.

HOLD REQUEST FROM MEADOWLARK HILLS, LLC
FOR NEW LIFT STATION FOR FURTHER REVIEW

Committee No. 3, Public Service, reported having considered the request from Meadowlark Hills, LLC for new sewer lift station to serve manufactured housing community proposed to be built between 55th Street and 62nd Street and between BNRR and 6th Avenue North, and recommended this matter be held in committee for two weeks while City staff and Mr. Schmaltz and his staff get together.

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

HOLD MATTER OF DAILY COLLECTION SITES
IN CITY

Committee No. 3, Public Service, reported having considered the matter of daily collection sites in the city, and recommended tabling the matter until staff has had chance to study it.

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

ACCEPT BIDS FOR STREET DEPARTMENT EQUIPMENT

Committee No. 3, Public Service, reported having considered the matter of bids for street department equipment: truck, and recommended to accept the Reiten and Young bid in the amount of $47,268.00 contingent upon staff looking at used truck.

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

Committee No. 3, Public Service, reported having considered the matter of bids for street department equipment: truck-mounted premix heater, and recommended approval of bid of Northwestern Equipment in the amount of $45,145.00.

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

Committee No. 3, Public Service, reported having considered the matter of bids for street department equipment: truck box and hoists, and recommended to accept the low bid from Bert’s Truck Equipment in the amount of $21,488.00 for two units.

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

UPDATE RECYCLING PROGRAM

Committee No. 3, Public Service, reported having considered the matter of update on recycling program, and recommended to renew the contract for one year with USA Waste under the same terms, and approved $6200.00 for video advertising.

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

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR PROJECT NO. 4769, WATER SYSTEM INTAKE AND
TRANSMISSION

Committee No. 3, Public Service, reported having considered the matter of selective water system project update, water system intake and transmission, Project No. 4769, and recommended to amend the engineering agreement and accelerate the schedule and negotiate an engineering service agreement for the design, bidding and construction phases of this project contingent upon engineering’s approval.

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

AUTHORIZE CHANGE IN SCOPE OF PROJECT NO.
4377, WATER RECLAMATION FACILITY IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of selective water system project update: water reclamation facility improvements, Project No. 4377, and recommended to negotiate a change of scope on this project because the nature of the project has changed because of the flood and new water reclamation facility to replace the one lost to the levee.

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


DIRECT CONTINUATION OF NEGOTIATIONS WITH
ADVANCED ENGINEERING FOR 7MG CLEARWELL

Committee No. 3, Public Service, reported having considered the matter of selective water system project update, 7 million gallon clearwell, and recommended to continue negotiations since this firm, Advanced Engineering & Environmental Services, Inc., was selected before.

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

AUTHORIZE COMMITTEE MEMBER TO SIT ON SELECTION
COMMITTEE FOR WATER METER REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of selective water system project update, water meter replacement update, and recommended that Council Member Hafner sit on selection committee because he has experience and knowledge about water and meter readings and meters, with no conflict of interest seen.

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

REFER MATTER OF RESOLUTION TO COUNCIL ON
ON STATE REVOLVING LOAN APPLICATION FOR
PROJECT NO. 4408

Committee No. 3, Public Service, reported having considered the matter of resolution on State Revolving Loan application for 7 million gallon clearwell and pumping station, Project No. 4408, and recommended to forward to council for resolution.

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

REFER MATTER OF GRADE SEPARATION AT DeMERS
AND SOUTH 42ND STREET TO COUNCIL

Committee No. 3, Public Service, reported having considered the matter of DeMers Avenue and South 42nd Street grade separation, and recommended to forward the concept report to full council.

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

SELECT CONSULTANT FOR PROJECT NO. 4841,
REPLACE OUTDOOR SIREN SYSTEM

Committee No. 3, Public Service, reported having considered the matter of consultant selection of request for proposals for engineering services for Project No. 4841, replace outdoor siren system, and recommended approval concurring with selection committee’s high rating of SSR.

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

CONSIDER MATTER OF PRELIMINARY REPORT FOR
PROJECT NO. 4530, WATER DISTRIBUTION SYSTEM
MODELING FOR NEXT MEETING

Committee No. 3, Public Service, reported having considered the matter of preliminary report for Project No. 4530, water distribution system modeling, and recommended consideration for next meeting.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR UTILITIES AND PAVING IN COLUMBIA PARK 25TH
ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Project Nos. 4701, 4869, 4871 and 4872, storm sewer, watermain, sanitary sewer and paving in Columbia Park 25th Addition, and recommended to enter into a three-way agreement between Hanson Properties, CPS, Ltd. and the City of Grand Forks.

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

APPROVE AMENDMENT NO. 3 TO ENGINEERING
AGREEMENT FOR PROJECT NO. 4655.014

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3 (pavement management), Advanced Engineering, Project No. 4655.014, assessment of flood damaged streets, and recommended to approve amendment to the engineering agreement in the amount of $31,031.00 to be paid from CDBG as well as the change in scope of work.

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

APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE
FOR BIDS FOR WORK AT THE LANDFILL

Committee No. 3, Public Service, reported having considered the matter of authorization to prepare plans and specifications for work at the landfill, and recommended to approve change order covering supply of daily cover and to advertise for bids for black dirt and to seed the closed areas; funding to come from landfill fees from the budget of $500,000 for closure.

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

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
4856, STORM SEWER ON PORTION OF CHERRY STREET

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s report for various projects, Project No.4856, storm sewer on Cherry Street from 55th Avenue South to Southend Drainway, and recommended to approve report and pass on to Urban Development.

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

APPROVE ENGINEER’S REPORT, PROJECT NO. 4868

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s report for various projects, Project No. 4868, storm sewer on Washington Street from 62nd Avenue South to Southend Drainway, and recommended to approve report and pass on to Urban Development.

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

APPROVE PLANS AND SPECIFICTIONS, WATERMAIN
PROJECT NO. 4843

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4843, watermain on South Washington Street from 47th Avenue South to 62nd Avenue South, and recommended approval and to move forward for bid.

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

APPROVE PLANS AND SPECIFICTAIONS, WATERMAIN
PROJECT NO. 4873

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4873, watermain on 3rd Street from Kittson to DeMers, and recommended to approve plans and specifications.

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

APPROVE PLANS AND SPECIFICTAIONS, PROJECT
NO. 4654, RESTORE BRICK SEWERS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No.4654, restore brick sewers, and recommended to approve plans and specifications, that staff pointed out if FEMA not funding, will be significant loss, so critical and moving
so fast don’t have decision to wait, has to be repaired or $1 million job could be $2 million job.
It was moved by Council Member Lucke and seconded Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4860, RESTORE STORM SEWER IN AREA 2

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4860, restore storm sewer in Area 2, and recommended to approve.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4838, DISTRICT NO. 399

The city auditor presented and read tabulation of bids which had been received and opened on August 28, 1998 for Sewer Project No. 4838, District No. 399, sanitary sewer on South 20th Street from 40th to 47th Avenues South, indicating that United Crane & Excavating, Inc. was low bidder based upon their bid in the amount of $299,260: Document No. 7628 - Bid Tabulation.

The city engineer’s estimate of total cost on Sewer Project No. 4838, District No. 399, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4838, District No. 399, sanitary sewer on South 20th Street from 40th to 47th Avenues South, and recommended to accept the bid of United Crane and Excavating, Inc. in the amount of $299,260.00, contingent upon land issues being worked out.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7629 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution awarding the contract for Sewer Project No. 4838, District No. 399, to United Crane & Excavating, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.

APPROVE CHANGE ORDER FOR PROJECT NO. 4677
SANITARY SEWER CONGRESSIONAL 1ST SUBDIVISION

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4677, sanitary sewer Congressional 1st Subdivision, Change Order No. 2, and recommended approval of Change Orders No. 2 and No. 3 in amount of $54,340.00 (increase to ICS, Inc. of $74,014.00 and a
reduction in Change Order to ICS, Inc. in the amount of $22,780.00).

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4678,
WATERMAIN IN CONGRESSIONAL 1ST SUBDIVISION

Committee No. 3, Public Service, reported having considered the change order of Project No. 4678, water in Congressional 1st Subdivision, Change Orders No. 1 and No. 2, and recommended to approve change orders, increase to ICS, Inc. of $22,775.00 and a decrease of $5,500.00 resulting in a net increase to project of $17,275.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4679,
STORM SEWER IN CONGRESSIONAL 1ST SUBDIVISION

Committee No. 3, Public Service, reported having considered the change order for Project No. 4679, storm sewer in Congressional 1st Subdivision, Change Order #1 and No. 2, and recommended to approve increase of $2,501.00 net (increase to ICS, Inc. of $5,261.00 and a decrease in amount of $2,760.00).

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4694,
FLOOD CONTROL ALONG ENGLISH COULEE

Committee No. 3, Public Service, reported having considered the change order for Project No. 4694, flood control along English Coulee, Change Order No. 1, and recommended to approve change order increase to ICS, inc. of $14,144.73 in CDBG funds (sluice gates project).

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4695,
FLOOD CONTROL ALONG RIVER

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4695, flood control along river, Change Order No. 1, and recommended to approve change order increase
to ICS, Inc. of $37,021.10 in CDBG funds.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4696,
FLOOD CONTROL CITY-WIDE

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4696, flood control city-wide, Change Order No. 2, and recommended to approve change order increase to ICS, Inc. of $12,239.09 in CDBG funds.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4669.2,
SOUTHEND DRAINWAY PHASE 2A

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.2, Southend Drainway Phase 2A, Change Order No. 2, and recommended to approve (irrigation on softball diamonds at Ulland Park increase to Schipper Construction, Inc. of $1,026.21.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4433,
WATERMAIN TO SERVE AIRPORT

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4433, watermain to serve Airport, C.O. No. 2, and recommended to approve deduct Change Order No. 2 of $28,690 for large line to Airport and onto Air Base to Robert Gibb & Sons, Inc.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4661,
SANITARY SEWER ON SOUTH 34TH STREET

Committee No. 3, Public Service, reported having considered the change order for Project No. 4661, sanitary sewer on South 34th Street, Change Order No. 1, and recommended to approve Change Order No. 1 to move sewer out of property line, deductive change order to Molstad Excavating, Inc. in the amount
of $10,000.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4836,
STORM SEWER ON BELMONT ROAD

Committee No. 3, Public Service, reported having considered the change order for Project No. 4836, storm sewer on Belmont Road, Change Order No. 1, and recommended approval of deductive change order to Soberaski, Inc. in the amount o $51,264.00.

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

AUTHORIZE CONTINUING NEGOTIATIONS WITH
RURALWATER SUPPLIERS

Committee No. 3, Public Service, reported having considered the matter of agreement negotiations with rural water systems, and recommended to continue negotiations with rural water suppliers.

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

ACCEPT LOW BID FOR PROJECT NO. 4719, RESTORE
SANITRY SEWERS IN AREA 2

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4719, restore sanitary sewers in Area 2, matter of bid of Visu-Sewer Clean & Seal, Inc. which didn’t have exterior envelope with bid bond and contractor’s license, and recommended that we reject bid and return bid unopened.

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

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4719, restore sanitary sewer in Area 2, and recommended that we accept the low bid of Lamotti & sons, Inc. in the amount of $3,356,715.00, with change order No. 1 deleting Item 14.052 in the amount of $37,000.00 and adding items recommended in the amount of $165,000.00 and authorizing extending of CDBG funding.

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

APPROVE BUDGET AMENDMENT
A request for budget amendment for the Engineering Department in the amount of $26,000.00 from cash carryover to capital/furniture and fixtures to set up inspections office, redo engineering cubicles, was presented and read. It was moved by Council Member Lucke and seconded by Council Member Lunak that this budget amendment be approved. Carried 14 votes affirmative.

MATTER OF PLANS AND SPECIFICATIONS FOR UTILITY
AND PAVING PROJECTS PRIVATELY FUNDED

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4847.1, 4847.2 and 4847.4, sanitary sewer, water and paving on Poplar Circle, projects privately funded, and recommended that we approve plans and specifications.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4707,
STORM SEWER TO SERVE NEW MIDDLE SCHOOL

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Project No. 4707, storm sewer to serve new middle school, and recommended to approve change order increase to Molstad Excavating for $12,850.00 as result of having mainline storm sewer lengthened to coincide with driveway that was moved, with funding through School’s flood recovery.

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

REFER MATTER OF BID CONTAINERS FOR
SIDE-LOAD TRUCKS BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of containers for side-load trucks, and recommended to send back to staff and rebid for both types of containers, crosslink and linear.

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

Council Member Hafner stated that this is a matter of trash containers for side load, that AmeriKart Corporation would have been lower by $156,000 if called for linear material; and should look at value, not just the low bid. He stated there are about 12,000 homes in this town, $156,000 total cost is $13.00 household and that’s good insurance to have product in garage that going to last 10-20 years, and urged defeat of the motion presented.

Kent Hall, AmeriKart Corporation, and Cary Holmes, Roto Industries, Anaheim, CA presented information relative to their bids.

Dick Newman, solid waste manager, stated he is recommending crosslink for the city and would recommend defeat the motion and award the bid to Roto Industries.

Council Members Lucke and Lunak requested this matter be sent back to committee for further consideration.

COUNCIL MEMBER BAKKEN EXCUSED

AUTHORIZE HOLDING OF 1997 PROMOTIONAL FUNDS
FOR RIVER FORKS COMMISSION

Committee No.4, Urban Development, reported having considered the matter of request to hold 1997 promotional funds from River Forks Commission, and recommended approval to hold $1,500 in 1997 promotional funds for a period of one year.

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

APPROVE REQUEST FROM FRIENDS OF ND MUSEUM
OF ART FOR CHANGE IN USE OF 1997 PROMOTIONAL
FUNDS

Committee No. 4, Urban Development, reported having considered the matter of request for change in use of promotional funds from Friends of ND Museum of Art, and recommended to approve request from Friends of ND Museum of Art to change the use of their 1997 promotional funds from promotion of a Scandinavian Art Festival to the promotion of a flood memorial art festival.

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

Council Member Glassheim asked to be excused from voting on this matter, and it was so moved by Council Members Beyer and Hamerlik. Carried 12 votes affirmative.

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

APPROVE CHANGE ORDERS FOR CITY CENTER
MALL UPDATE

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall update, and recommended to amend the change order for Bid Package 1 to include $32,000 for the demolition of the Plunketts Annex building, $39,900 for the demolition of the Whiskey Point building, and $23,200 for the installation of drain tile and storm drainage to MTC, Inc.

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

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall update and recommended to authorize the advertisement for bids for replacement of 3rd Street to include
sidewalks.

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

COUNCIL MEMBER BAKKEN REPORTED BACK

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN MEADOWLARK PUD DISTRICT,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1,
ALL OF BLOCKS 6, 7, 8 AND 10, ADAMS-DOBMEIER
2ND ADDITION AND LOT 1, BLOCK 1, ADAMS- DOBMEIER
3RD RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz on behalf of Meadowlark Hills, L.L.C. and owner Eugene Adams for preliminary approval of Meadowlark PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Addition and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, ND (located between DeMers Avenue and 6th Avenue North and between North 55th and North 62nd Streets), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for October 19, 1998.

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

Council Member Beyer 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 Meadowlark PUD (Planned Unit Development) District, Concept Development Plan and to include within Meadowlark PUD (Planned Unit Development) District, Concept Development Plan, Amendment No. 1, all of Blocks 6, 7, 8, and 10, Adams-Dobmeier 2nd Addition and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING TEXT OF LAND
DEVELOPMENT CODE, SECTION 18-0218(3)(a) RELATING
TO RETAIL SALES BY CONDITIONAL USE IN I-1 (LIGHT
INDUSTRIAL) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Steve Flaten on behalf of Garden Hut for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII, Article 2, Section 18-0218, subsection 3, paragraph A to allow by conditional use permit in an I-1 (Limited Industrial) District, retail sales as an accessory use to the principal use, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for October 19, 1998.

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

Council Member Beyer introduced an ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the grand forks City Code of 1987, as amended, amending and re-enacting Article II, Section 18-0218 (3)(A) relating to retail sales by conditional use in an I-1 (Light Industrial) District”, which was presented, read and passed on its first reading.

ESTABLISH TAX INCREMENT FINANCE DISTRICT
FOR FORMER FIRST NATIONAL BANK BUILDING

The Planning and Zoning Commission reported having considered the matter of establishment of a tax increment finance (TIF) District for the former First National Bank, and recommended that the site is a blighted area, that the proposed redevelopment is in conformance with the City’s comprehensive plan and that the proposed use is consistent with existing zoning for the site; and approval of the creation of an urban renewal district boundary for establishing a TIF (Tax Increment Financing) Project for redevelopment purposes.

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

APPROVE REPLAT OF LOTS 12 THROUGH 25, BLOCK
1, JOHNSON’S 4TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms for final approval of a Replat of Lots 12 through 25, Block 1, Johnson’s 4th Addition to the city of Grand Forks, North Dakota (located west of South 40th Street between 13th and 15th Avenues South), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE REQUEST BY STRATA CORPORATION FOR
CONDITIONAL USE PERMIT IN AN I-2 (HEAVY
INDUSTRIAL) DISTRICT TO ALLOW FOR PROCESSING
OR STORAGE OF SAND, GRAVEL, STONE OR OTHER
RAW MATERIAL AND STORAGE OF HAZARDOUS
MATERIALS IN ACCORDANCE WITH THE UNIFORM
FIRE CODE

The Planning and Zoning Commission reported having considered the matter of the request from Dan Syrup on behalf of Strata Corporation for approval of a conditional use permit in an I-2 (Heavy Industrial) District, to allow for the processing or storage of sand, gravel, stone or other raw material and for the storage of hazardous materials in accordance with the Uniform Fire Code such as ground storage of flammable and combustible liquids on Block 1, Strata Second Addition (located between I-29 and North 48th Street and between Rose Avenue and the former NP Railroad Track), and recommended approval of the conditional use permit.

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

Don Shields, Health Department, reported that he has several concerns with that issue, that Strata Corporation would be doing a number of items in terms of consolidation of activities, but one of the things he mentioned was movement of the asphalt plant located on the south end of the Airport property adjacent to Highway 2, moving that to the north of the Big Sioux Truck Stop by I-29 and that the prevailing winds in Grand Forks come from the northwest and the asphalt plant in its daily operation does provide the odors that are similar to asphalt roofing materials to which subjecting residents with a prevailing northwest wind in that area of the city; 2) that when he checked the State records Friday for that corporation, found they have three units out there, one of their units is not in compliance with the particulate matter of emission, they exceed the State standards by ten-fold and concern with moving that operation into the city; 3) and when look at what it would take to monitor that operation, testing that would go along with the emissions and those types of issues is not a fast process, and if had complaints from residents it would take some time to be able to determine if they exceeded or were not in compliance, that the State did a test of that facility June 28, which was only recently available, and could be looking at lengthy period of time in a non-compliant situation. He wanted council to be aware of that and because of those three issues the Health Department really is in favor of the general reconsolidation but not in favor of the location, relocation of an asphalt plant in that area of the city.

Council Member Polovitz stated that was discussed in length in Planning Commission about the screening, that they are there already with their stockpile of materials, etc., but want to expand that and will be a major expansion and a major addition to the tax base and it makes sense from business standpoint to be at that location, but it was questioned about possibility of the odors and from the screening process for unsightliness of concrete, etc. being piled there. He stated the citizens in Ward 1 would be very concerned about this as they do get odors from Simplot, etc. and do get a lot of calls on it. He stated for many years they have tried to clean up Highway 2 and now moving forward to bring that type of unsightliness along the Interstate, questioned matter of odor and beautification; that Strata Corp. has maintained that they have submitted a very comprehensive screening plan for plant growth, etc. working with the Park District, that they were concerned about that as well and want to be good neighbors but doesn’t have answer for the potential odor problem. Council Member Brooks stated they already have an odor problem.

Council Member Hafner stated he favored the Strata project, good that we have contractor like this in our city and brings jobs and money into Grand Forks, but there is a concern that we need to meet State and Federal Air and Water regulations and that’s concern Mr. Shields has and one of the concerns is that it would take too long a time if it was out of compliance for the State to react and if there were some way the City could react to these issues through some testing and work with Strata to bring into compliance.

Dan Syrup, Strata Corporation, stated to clarify that they are not here to change any of the Code requirements of the City Health Department or the State and know they have to be in compliance with both; that in reviewing their records they operated in the last 3 or 4 years, the max is probably 51 days. He stated they have 3 asphalt plants now, that they purchased a plant in the last year and half that is going through the testing process to meet the opacity requirements so that’s why that one is not yet in compliance. He stated they are not a violator of the State Health Department, that the plant they are proposing for this site has no violations or complaints, and is here to say that they expect to meet both the City Health and State Health which they are regulated by plus they would like to work if there is a concern.

Jim Bradshaw, Strata Corporation, stated they discussed unsightliness, that their company has moved approx. 60,000 cu. yds. of dirt for berms only, have 1.142 miles of trees that will be planted next year, which encompasses about 3 to 4,000 plants, and have worked diligently and hard to attempt to establish the correct plantings with the help of Mr. Staley and another member of his staff. He stated their intentions are to plant the trees in 1999 and will do exactly what they say they will do in that respect. He stated he wanted to inform council that they have a very substantial investment they are planning and are consolidating and would like to consolidate their operations and it’s in this vein that they come with this particular unit, the asphalt plant in question is located at the junction of the airport road and county road, and is within compliance , never been outside of compliance, and would invite each council member to Strata Park because of what they plan to do with it, and invite each to come out to see the development as it progresses.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Glassheim voted against the motion.

Mr. Bradshaw thanked the council and that they do not take the concerns of the Ward 1 people lightly and will attempt to alleviate any concerns they may have or continue to answer the questions. Council Member Hamerlik stated he represents Ward 2 and they would have some concerns.

COUNCIL MEMBER POLOVITZ AND BOULEY EXCUSED

APPROVE CHANGE ORDER FOR SITE UTILITIES
CONTRACT FOR THE AURORA

The Events Center Core Committee reported having considered the matter of Change Order No. 1 to Gibb & Sons contract, and recommended to approve Change Order No. 1 in the amount of $49,820 for the site utilities contract with Gibb & Sons.

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

APPROVE PLANS AND SPECIFICTIONS FOR FOUNDATION
PACKAGE

The Events Center Core Committee reported having considered the matter of plans and specifications for foundation package, and recommended that we approve plans and specifications for the foundation package.

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

AWARD CONTRACT FOR FOUNDATION WORK ON
THE AURORA

The Events Center Core Committee reported having considered the matter of award of foundation package for The Aurora, and recommended that we award the contract for the foundation work on The Aurora to ICS, Inc. for their bid of $855,643.00.

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

The Events Center Core Committee reported having considered the matter of Change Order No. 2 to Swingen contract, and recommended that we approve Change Order No. 2 to Swingen’s contract, which includes the items in contract issue notification numbers 117.02, 117.03, 117.04, 119.01, and 120.01 for a total amount of $30,895.00.

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

APPROVE BUDGET AMENDMENT FOR THE AURORA

The Events Center Core Committee reported having considered the matter of the administrative and marketing budget for The Aurora, and recommended that we approve the budget amendment of $64,5461.00 using cash carryover funds and approve the allocation of the current $250,000 to appropriate line items.

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

APPROVE AMENDMENT TO 42ND STREET CORRIDOR
STUDY

The Events Center Core Committee reported having considered the matter of the 42nd Street Corridor Study, and recommended that we approve the amendment to the 42nd Street concept report which moves the underpass west of 42nd Street and keeps 42nd Street as an at-grade intersection.

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

COUNCIL MEMBERS BOULEY AND POLOVITZ
REPORTED BACK

APPROVE AWARD OF BIDS FOR DEMOLITION PROJECTS

The Flood Response Committee reported having considered the matter of Mortenson update, and recommended for bid package 10, residential demolition of 60 houses, and award contract to Duckstad Contracting in the amount of $177,590.00.

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

Council Member Babinchak asked to be excused from voting on this matter. Council Member Beyer and Council Member Hamerlik moved to excuse Council Member Babinchak from voting on this matter. Carried 13 votes affirmative.
Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 13; voting “nay”: none; Council Member Babinchak abstaining. Mayor Owens declared the motion carried.

APPROVE CONTRACT S FOR CORPORATE CENTER
AND PARKING RAMP

The Flood Response Committee reported having considered the matter of Mortenson update, and recommended the Corporate Center and parking ramp contracts awarded to (a) roofing for Corporate Center and Skyway to McRoofing in amount of $169,873.00; b) mechanical and utility package for parking ramp to Associated Plumbing & Heating, contingent on pre-award meeting with Mortenson’s) for $78,950.00; c) electrical for parking ramp to Moorhead Electric, contingent on pre-award meeting for $79,900.00; d) general package for piling, foundations, masonry and all finishes in parking ramp to Construction Engineers for $1,994,500.00. (Contingencies on b) and c) were because of bid difference between first and second bidders, and would like to do bid review with contractor to confirm they have complete scope and no omissions).

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

APPROVE CHANGE ORDERS TO EXISTING CONTRACTS
ON CORPORATE CENTER

The Flood Response Committee reported having considered the matter of Mortenson update, change orders, and recommended change orders to existing contracts for the Corporate Center as follows: a) to Advanced Elevator to provide the parking ramp elevator not previously included in the amount of $66,200.00; b) to Artstone for architectural precast for the parking ramp in the amount of $105,200.00; c) to Mid America Steel for miscellaneous structural steel modifications in the amount of $3,255.00; d) to Listul Industries, the steel erector, in the amount of $39,000.00; and e) to Construction Engineers, a deductive change order in the amount of $2,650.00.

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

APPROVE CHANGE ORDER FOR DEMOLITION OF
BILL LARSON BUILDING

The Flood Response Committee reported having considered the matter of demolition of the Bill Larson building, and recommended to accept change order for demolition of the Bill Larson building in the amount of $71,200.00, change order to bid package 1 for City Center Mall demolition project.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CONCEPT AND REFER TO PUBLIC SERVICE
MATTER OF FINAL DETAILS OF RELOCATING AND
REHABBING HISTORICAL HOMES

The Flood Response Committee reported having considered the matter of Historical Home Relocation Strategy, and recommended approval of concept and forward to public service to work out final details of relocating and rehabbing 10 houses.

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

DECLARE PROPERTIES AS SURPLUS LOTS

The Flood Response Committee reported having considered the matter of update on surplus lots, and recommended to declare 43 lots as surplus: 315, 320 and 324 15th Avenue South; 901 13th Avenue South; 313 1st Avenue South; 118 9th Avenue South; 623 South 15th Street; 3815 Belmont Road, 1423, 1424, 1425, 1428, 1431, 1506, 1510, 1512, 1513, 1514, 1515, 1517 and 1518 Chestnut Street; 1504, 21506, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1516 and 1517 Walnut Street, 617, 623 and 701 North 24th Street; 315 6th Avenue North, 2414 9th Avenue North; 818 and 1015 North 4th Street; 632 North 7th Street; and 816, 820 and 922 North 25th Street.

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

AUTHORIZE DEMOLITION OF 521 SOUTH 6TH
STREET

The Flood Response Committee reported having considered the matter of 521 South 6th Street and recommended to demolish 521 South 6th Street, contractor no longer interested in rehab.

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

APPROVE ADDITIONAL STAFFING REQUESTS

The Flood Response Committee reported having considered the matter of additional staffing requests, and recommended to approve staff request for DSR specialist (one year contract position at Grade 17).

The Flood Response Committee reported having considered the matter of additional staffing requests, and recommended to approve staff request for three positions in Inspections (after one-year they want these employees to go back to prior positions (classified) that will be kept open unless need to fill, with no guarantee positions held open).

The Flood Response Committee reported having considered the matter of additional staffing requests, and
recommended approval of the deputy director positions, retroactive to August 1, 1997, this is temporary one-year positions with limited rights (deputy director-housing, deputy director-finance).

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that these recommendations be and are hereby approved. Carried 14 votes affirmative.
The Flood Response Committee reported having considered the matter of additional staffing requests, and recommended to approve the civil service level of sick leave and vacation accrual for civil service employees temporarily in contracted positions. that in moving from civil service to contracted positions in that contracted are offered 40 hours vacation and 40 hours sick leave, civil service is 112 sick leave and vacation accrual civil service in temporary contracted position will maintain current level of leave hours.

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

Mr. Swanson stated he has some concern about the City providing a certain level of benefits, a higher level of benefits to select contract employees when those same benefits are not made available or not offered to other contract employees, that he was not aware that item was being proposed and not had a chance to review it and doesn’t know if the committee considered that issue or not.

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

DECLARE SPECIFIC HOUSES AS SURPLUS AND
OFFER FOR SALE

The Flood Response Committee reported having considered the matter of surplus homes, and recommended to declare the following homes surplus to be offered for sale: 505 Pakenham Avenue; 1028 Lincoln Drive; 23 and 31 Euclid Avenue; 1023, 1025 and 1109 Lanark Avenue; 100 49th Avenue South; 3125, 3129 and 3416 East Elmwood Drive; 1406 and 1602 Lewis Blvd.

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

Jerry Youngberg stated he should have been here when previous properties were declared surplus that are now presently being put on the market by the Urban Development Department and the marketing plan that has been devised for these properties. He stated that if that is the plan then he has some great concerns, that the properties that are presently being marketed by Urban Development; that marketing plan is designed so that if the plan is sincerely to market these properties, make them available to home buyers and get them moved off those properties and to be made use of rather than to demolish them and become a part of the landfill. He stated the program is designed so that the properties cannot be moved off the property until after the 26th of September, when the bids will be opened on 25th and oral bidding on 26th; there is a 60-day time frame after that period of time for these homes to be moved, and at the end of September 60 days would not be enough time to get permits and to get the homes moved, let alone accomplishing the task of acquiring the property to move them onto, putting in the foundations and footings and acquiring the contracts to make the move. He stated he would hope that each of the council members will consider this and seriously ask for a better plan for the marketing of these properties that are presently going to be declared surplus. He stated that the marketing should be stretched over a period of time that would be reasonable, until at least July 1, 1999; then there would be an opportunity for reasonable movement and disposition of these properties that would make them valuable to someone else rather than for demolition.

Mr. O’Leary reported that when the City acquired these houses, most are salvageable properties that are on the wet side of the dike and could with modest amount of repairs, be occupied. He stated the question is whether try to develop a program to have these houses relocated, declare them surplus now or rent out. He stated plan is to declare them surplus as they do other surplus property within city government, and if don’t get any takers on it, will do whatever repairs have to do and rent out until final disposition of these houses is settled. He stated houses are rentable but before City puts money into repairing the houses to get into a short term rental situation, it seemed prudent to try to put them in the hands of the private sector, let those people figure out whether they are interested in relocating the house, moving it to another lot and using if for whatever purpose that the private sector chooses. He stated these houses need to be relocated, and maybe 60 days is short, and can extend that time frame if get a bid.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim to amend the motion that the buyer of the property be responsible for maintenance (snow removal or grass cutting) of the property with extension of moving of property to May 31, 1999. Mr. Swanson stated that you can’t rely upon ordinance for snow removal or grass cutting because the City remains the owner of the real estate, all you are doing is severing the structure and selling structure as personal property, could enter into contractual obligation with the purchaser that they have that obligation but should they default on that obligation, his suspicions on attempting to enforce the terms of the contract or recouping the costs of snow removal and lawn care would not warrant litigation. Your normal tools aren’t available in this situation.

Mr. Swanson stated that regardless of what the bid specs. might call for the council can always grant an exception or an extension to the timeline to move a property, one of the things if that were to occur, the council could consider at that time the requirement of the payment of a deposit by the property owner and set a new deadline to move the structure assuming that the bid for the sale of the structure was accepted and that portion of the transaction closed. You may not have to fully revise all your bid specs., and if bid specs out there and attempt to revise them, will have to issue addendum on those now, and maybe better off acting on an individual basis at least for those you’ve already put out there for sale.

COUNCIL MEMBER LUNAK EXCUSED

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

COUNCIL MEMBER LUNAK REPORTED BACK

DECLARE PROPERPTY AS SURPLUS AND APPROVE SALE
OF PROPERTY TO GRAND FORKS HOMES, INC.

The Flood Response Committee reported having considered the matter of transfer of ownership of surplus properties to Grand Forks Homes, Inc. and recommended to declare the following homes surplus and subsequently sold to Grand Forks Homes, Inc. for $1.00 each: 204, 727 and 1518 Walnut Street; 1420, 1432 and 1520 Chestnut Street; 1610 Lewis Blvd.; 102 Conklin Avenue; 322 North 4th Street; 411 1st Avenue North; 1815 North 3rd Street; 1816, 1822 and 1824 North 4th Street; and715 North 24th Street.

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

Mr. Swanson stated he wanted to clarify some confusion that may exist among certain members of the public, council or staff, that council has previously approved the right of first refusal to former owners on the purchase of property in event they are put out for public sale, and point he wishes to make is that first right of refusal will only come into play or come into play upon the council declaring them surplus and issuing them for public sale; the right of first refusal will not come into play if the City transfers it to another governmental entity or another body of the City or to first organization or entity that’s utilizing them for an affordable housing project or in the event of a trade for property (like kind exchange). He stated that it became aware in their office this morning that some property owners felt that regardless of what might happen to their property, they always had the first right to get it, and that would only be true in the event the property is put out for public sale.

Jerry Youngberg stated that it seems to him that there is sufficient property that has been turned over to Grand Forks Homes already and has some clients that would be interested in acquiring some of these properties and doing the rehabbing and putting them in livable condition. He stated that the City is defeating the opportunity for families and individuals in this community to acquire these properties and assist themselves in their own business rather that turning it over to an entity that seems to him not to serve the best interest of the community, and the people here should have the opportunity to buy these properties and to rehab them and put them into the market place either as single family homes or as rental properties.

Council Member Babinchak questioned whether they could sell houses and transfer only those that don’t sell to Grand Forks Homes, so owner does have first right of refusal. Mr. Swanson stated they could at any time put them out for sale; that the Code allows council to make that transfer to an affordable housing provider without putting them out for public sale but not obligated to do that, within council’s discretion.

Mr. Manske stated that the homes that are surplus directed to Grand Forks Homes because more affordable in the rehab costs and Grand Forks Homes has provided in their policy the first right of refusal to the previous owner also; so the first owner does have the first right of refusal to participate in the Grand Forks Homes program, and will target those home owners that have capacity to own a home whose income is under 100% of the area medium income guideline. He stated that this is an opportunity to insure entry level housing for those families with limited means and would be lost opportunity if didn’t utilize this inventory for that purpose. He stated that Grand Forks Homes will preference any home first again to anybody displaced by the flood, not only previous owners.

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

CONTINUE FLOOD RESPONSE COMMITTEE TO
NOVEMBER 30, 1998

The Flood Response Committee reported having considered the matter of continuance of Flood Response Committee, and recommended to extend life of Flood Response Committee until December 31, 1998 and review at that time.

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

Council Member Hamerlik stated that they’ve been talking for a long time that trying to get back to normal, that on December 15 1997 it went back to Flood Response at the request of Council Member Carpenter to redesign and change some of the recommendations to lower the amount of spending authority, and motion was to have Flood Response terminate on July 1. He stated it came back to council on January 5 and they passed a motion with one disenter that Flood Response would be in operation for six months; and that he heard many times that it would be over shortly thereafter, even into August. He stated he has a concern, need to be working towards the termination, getting back to normal; that there are many things they accomplished that would take this council time to do with a long agenda, and other concerns he has, such as a motion for the Flood Response Committee to determine where general budget monies would be spent. He stated we can't keep extending it, and last time reduced the spending authority from $250,000 to $100,000, and already tonight knowing this was up, referred some of the topics to Flood Response Committee. He stated he would like to see council put something into place that this committee soon be out of existence so get back to normal; that this is a matter that many constituents are concerned with.

Council Member Hamerlik moved an amendment to the motion to limit the spending of staff and Flood Response to the very same amounts as other standing committees and that we not extend beyond December 31, 1998 unless there was an urgent need to extend beyond that and to determine that and to use as the factor that it would take ten council members or more for the extension. Council Member Lucke seconded the amendment.

Upon call for the question on the amendment to the motion and upon roll call vote, the following voted “aye”: Council Members Hamerlik, Bouley, Lunak, Babinchak, Brooks, Polovitz, Lucke - 7; voting “nay”: Council Members Glassheim, Carpenter, Klave, Beyer, Bakken, Hafner, Martinson - 7. Mayor Owens voted to break the tie vote, and voted in favor of the amendment.

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

It was moved by Council Member Carpenter and seconded by Council Member Hafner that Flood Response be extended until November 30, 1998. Upon roll call the following voted “aye”: Council Members Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Bouley - 10; voting “nay”: Council Members Lunak, Polovitz, Lucke, Hamerlik - 4. Mayor Owens declared the motion carried.

COUNCIL MEMBERS LUNAK AND MARTINSON
EXCUSED

MATTER OF 1998 NATIONAL LEAGUE OF CITIES

Mayor Owens declared that the National League of Cities will be meeting December 1 - 5, 1998 in Kansas City, MO and that two or three years ago the council approved two city council members to attend with the Mayor; that there’s an early registration and would like to get that in and wanted to know how to select people to go. It was suggested that if anyone is interested and available to submit their names to the mayor’s office and can be brought back to council.

APPROVE APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Owens announced the appointment of Frank Matejcek as a County representative to the Planning and Zoning Commission for a five-year term to expire August 4, 2003, and asked for concurrence in the appointment. It was moved by Council Members Klave and Babinchak to approve the appointment. Carried 12 votes affirmative.

Mayor Owens announced the appointment of Council Member Lucke to the Library Board for a three-year term expiring July 1, 2001, and asked for concurrence in the appointment. It was moved by Council Member Klave and seconded by Council Member Babinchak to approve the appointment. Carried 12 votes affirmative.

APPROVE APPOINTMENT TO COMMUNICATIONS PLAN

Mayor Owens announced that they have a Communications Plan and will mail that to council members, and asked that until the Flood Response Committee is finished to appoint Council Member Hafner on the Communications Plan so that when it goes back to Flood Response will have the material. It was moved by Council Member Babinchak and seconded by Council Member Bakken to approve the appointment. Carried 12 votes affirmative.

APPROVE ENGINEER’S ESTIMATES, VARIOUS PROJECTS

Estimate Summaries were presented as follows: Regular estimates, $3,632,139.82; CDBG $1,085,207.94; and Flood estimates, $905,251.68, plus $877.82 for total of $906,129.50; and a total of $5,623,477.26.

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

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project No. 4439, 1997 Lift Station #38, Schedule C; Project 4462, Watermain District No. 247; Project No. 4520, Watermain District No. 252; Project No. 4521, Sewer District No. 382; Project No. 4658, Watermain District No. 255; Project No. 4682, Sewer District No. 390; Project No. 4724, 1998 ADA Curb Ramp Construction; Project No. 4497, Watermain District No. 261; Project No. 4677, Congressional 1st Resubdivision; Project No. 4678, Watermain in Congressional 1st Resubdivision; Project No.4679, Sewer in Congressional 1st Resubdivsion; and Project No.4793, Storm Sewer on North 53rd Street.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these communications be and are hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS SEWER PROJECT NO.
4461 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Sewer Project No. 4461, District No. 370, is estimated to be $326,500.00, and directing that special assessments
be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7630 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS WATERMAIN PROJECT
NO. 4462 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Watermain Project No. 4462, District No. 247, is estimated to be $292,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7631 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS SEWER PROJECT
NO. 4496 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Sewer Project No. 4496, District No. 394, is estimated to be $40,700.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7632 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS WATERMAIN PROJECT
NO. 4497 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Watermain Project No. 4497, District No. 261, is estimated to be $40,375.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7633 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS PAVING PROJECT
NO. 4517 ON ESTIMATED COST BASIS
Council Member Carpenter introduced the following resolution certifying that the total cost of Paving Project No. 4517, District No. 546, is estimated to be $533,560.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7634 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS PAVING PROJECT
NO. 4537 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Paving Project No. 4537, District No. 548, is estimated to be $45,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7635 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS PAVING PROJECT
NO. 4557 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Paving Project No. 4557, District No. 551, is estimated to be $467,200.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7636 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS PAVING PROJECT
NO. 4561 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Paving Project No. 4561, District No. 545, is estimated to be $218,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7637 - Resolution.

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


ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS SEWER PROJECT
NO. 4619 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Paving Project No. 4619, District No. 383, is estimated to be $26,100.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7638 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS SEWER PROJECT
NO. 4625 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Sewer Project No. 4625, District No. 385, is estimated to be $133,100.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7639 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS WATERMAIN PROJECT
NO. 4626 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Watermain Project No. 4626, District No. 254, is estimated to be $75,100.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS WATERMAIN PROJECT
NO. 4658 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Watermain Project No. 4658, District No. 255, is estimated to be $84,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640.1 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS PAVING PROJECT
NO. 4660 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Paving Project No. 4660, District No. 552, is estimated to be $555,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640.2 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS SEWER PROJECT
NO. 4682 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Sewer Project No. 4682, District No. 390, is estimated to be $100,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640.3 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS WATERMAIN PROJECT
NO. 4715 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Watermain Project No. 4715, District No. 258, is estimated to be $37,850.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640.4 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS WATERMAIN PROJECT
NO. 4708 ON ESTIMATED COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Watermain Project No. 4708, District No. 259, is estimated to be $364,230.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640.5 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESS-
MENT COMMISSION TO ASSESS SEWER (SOUTHEND
DRAINWAY) PROJECT NO. 4440 ON ESTIMATED
COST BASIS

Council Member Carpenter introduced the following resolution certifying that the total cost of Sewer (Southend Drainway) Project No. 4440, District No. 386, is estimated to be $929,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7640.6 - Resolution.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the city council for their information and/or consideration.

1) Council Member Martinson presented the matter of small business relief task force, which was referred to the Flood Response Committee for consideration.

CONSIDER ITEMS OMITTED FROM AGENDA

The city auditor reported that he had six items from Planning and Zoning Commission that were inadvertently missed on the agenda, and an item from Finance Committee, and an item from Flood Response Committee. It was moved by Council Member Babinchak and seconded by Council Member Carpenter to include these items on the agenda. Carried 12 votes affirmative.

APPROVE FINAL APPROVAL OF REPLAT OF LOT
2, BLOCK 1, BIRKHOLZ SIXTH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Valley Memorial Homes and Sixteen Hundred Central Avenue Partnership, LLP for final approval (fast track) of the Replat of Lot 2, Block 1, Birkholz Sixth Addition to the city of Grand Forks, North Dakota (located northeast of the intersection of 24th Avenue South and South 42nd 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 Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.




INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF LOTS 1, 3, 5,
THE SOUTH HALF OF 6, AND ALL OF 7, 8, 9, 10, 11, 12,
13, 14, 15, AND PRAT OF 16, BLOCK 27, TOWN OF
GRAND FORKS (D.T)

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the City of Grand Forks for final approval (fast track) of the Replat of Lots 1, 3, 5, the south half of 6, and all of 7, 8, 9, 10, 11, 12, 13, 14, 15 and part of 16, Block 27, Town of Grand Forks (D.T.), including a variance to the subdivision regulations as it relates to minor subdivision plats having right of way dedication (located between DeMers Avenue and Kittson Avenue and between South 4th and South 5th Streets), and recommended final 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 September 21, 1998.

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

Council Member Beyer 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 Replat of Lots 2, 3, 5, the south half of 6, and all of 7, 8, 9, 10, 11, 12, 13, 14, 15, and part of 16, Block 27, Town of Grand Forks (D.T.), Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE PORTION OF 5TH
AVENUE SOUTH LYING BETWEEN LOT 12, BLOCK
33, HOLES CENTRAL ADDITION AND LOT L, BLOCK
34, REPLAT OF HOLES CENTRAL ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Lander Company Limited, the Partnership, and Craig and Sherrie Holmquist for approval to vacate a portion of 5th Avenue South lying between Lot 12, Block 33. Holes Central Addition and Lot L, Block 34, a Replat of Holes Central Addition to Grand Forks, Grand Forks County, (D.T.) North Dakota, more specially described as being all that portion lying north of and adjacent to said Lot L (located between South Washington Street and the north-south alley lying east thereof, and recommended approval to vacate all that portion of 5th Avenue South lying south of and adjacent to Lots 12, Block 33, Holes Central Addition to Grand Forks, Grand Forks County (D.T.) ND, and north of and adjacent to Lot L, Block 34, a Replat of Lots 13 through 24, Block 34 and Lots 13 through 24, Block 35, Holes Cent5ral Addition to Grand Forks County, ND, excluding the westerly 15 feet thereof and being subject to a 7-foot wide sidewalk easement lying south of and adjacent to the north line of said 5th Avenue right of way; subject to a 20-foot wide utility easement lying south of and adjacent to the north line of said 5th Avenue right of way and subject to a 20-foot wide access easement lying within the southerly 20 feet of the northerly 58 feet of said 5th Avenue right of way as shown on the map, which is by reference made a part hereof and to set the date of the public hearing for October 19, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as
required and the public hearing be set for Monday, October 19, 1998. Carried 12 votes affirmative.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF COLUMBIA PARK
26TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steven Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of the plat of Columbia Park 26th Addition to the city of Grand Forks, North Dakota, lying within the South Half of the Northwest Quarter of Section21, T151N, R50W of the 5th Principal Meridian (located between 36th Avenue South and 40th Avenue South and between South 20th Street and South Columbia Road), 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 October 19, 1998.

I t was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approve. Carried 12 votes affirmative.

Council Member Beyer 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 Columbia Park 26th Addition, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AND DEDICATED
ON THE PLAT OF SOUTHERN ESTATES FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steven Adams on behalf of Useldinger and Gornowicz for preliminary approval of the plat of Southern Estates First Addition to the city of Grand Forks, ND, lying within the West Half of the Southeast Quarter and the Southwest Quarter of Section 21, T151N, R50W of the 5th Principal Meridian (located between 40th Avenue South and 47th Avenue South and between South 16th Street and South Columbia Road), 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 October 19, 1998.

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

Council Member Beyer 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 Southern Estates First Addition, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE AMENDMENT TO B-2 (SHOPPING CENTER
DISTRICT, GENERAL DEVELOPMENT PLAN, DREES PLACE
ADDITION AND DREES PLACE SECOND RESUBDIVISION
The Planning and Zoning Commission reported having considered the matter of the request from Architect Mark Herseth on behalf of Hollywood Video and J. Herzog and Sons, Inc. on behalf of South Forks Plaza Shopping Center for approval of an amendment to the B-2 (Shopping Center) District, General Development Plan, Drees Place Addition and Drees Place Second Resubdivision, to construct a building along the west side of South Washington Street between Ponderosa Steakhouse and Ortons Southtown 76 Store, and recommended 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 Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PREMIUM FOR ADDITIONAL FLOOD
INSURANCE

Committee No. 1, Finance, reported having considered the matter of premiums for additional flood insurance: Senior Citizens Center, $836.00; Water Treatment Plant, $51,234.75; and Civic Auditorium, $25,793.00, for a total of $77,863.75, and recommended approval.

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

APPROVE CONSULTING CONTRACT WITH
CAMIROS, LTD.

The Flood Response Committee reported having considered the matter of Camiros consulting contract, and recommended acceptance and approval of the Camiros contract in the amount of $33,100.00.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

2) Council Member Carpenter presented the matter of city ordinance regarding prohibiting building on small lots, which was referred to the Public Service Committee and to the Planning and Zoning Commission..
3) Council Member Glassheim presented the matter of future City’s role on the internet, which was referred to the Finance Committee for consideration.
4) Council Member Glassheim presented the matter of setting maximum level of betterments, which was referred to the Flood Response Committee for consideration.
5) matter of establishment of city-wide special assessment district for dike project, which was referred to the Public Service Committee for consideration.
6) Council Member Babinchak asked that finance and assessment departments look at property taxes in other major cities in North Dakota and do comparisons based on fines, fees, housing, which was referred to the Finance Committee for consideration and review. Council Member Beyer asked that they include the ratio of commercial property data.
ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Bouley that we do now adjourn until Monday, September 21, 1998 at 7:30 o’clock p.m. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_____________________________
Patricia A. Owens, Mayor