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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 19, 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 Monday, October 19, 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, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Beyer - 1.

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

Mayor Owens asked the council to suspend the agenda. It was moved by Council Member Bakken and seconded by Council Member Martinson to suspend the agenda. Carried 13 votes affirmative.

Mayor Owens reported the Water Resource Development Act which was held up in Congress since last Friday was passed by the Senate a week ago, that Senators Dorgan and Conrad worked very hard to get it through the Senate, and another challenge was to get it through the House because of difficulty in Sacramento, CA about a dam over the American River. She stated we have a special guest tonight, Congressman Earl Pomeroy and one of his aides, Joan Carlson; and that we had some help from our Governor who did some calling and speaking with Speaker Gingrich and Dick Armey to help us through this. She stated that North Dakota has only one congressman in Washington, D.C. who has been assisting us, and without that help wouldn’t be where we are today with Omnibus Appropriations bill which contains $307 million authorization for the Grand Forks/East Grand Forks Flood Control Project which will be voted on Tuesday evening.

Congressman Pomeroy stated that tomorrow night Congress will vote on the final legislative enactment of the Congress, that they will vote in this one bill on seven of the thirteen appropriations bills that fund the functions of the federal government and the great bulk of that legislation will involve spending items. Every Congress generally votes a water resource development bill which funds water projects needed all across the country, nearly 100 in the water bill this year (WRDA) and biggest and most urgent project was Grand Forks, ND, and next was Sacramento, CA protected now to a point of 71 year flood, and couple weeks ago did final round of visits. He stated that one thing that was never in question was the legitimacy of the project or the amount of authorization sought but were stuck in legislative impasse. He stated they tried to get the Grand Forks project pulled out of the WRDA bill and plugged into massive spending bill and because Congress deals with authorizations on one track and spending in another, very unusual to have authorization drafted onto an appropriations bill. He commended Dick Gebhardt who took this up as his number one priority, that if we didn’t get the authorization set the State Legislature would convene in their every other year session without federal authorization, and leave them in a state of limbo, and face two year delay in this project. He stated the legislation has been drafted over the weekend, and has been awaiting the call that the bill has actually been introduced and will be voted on tomorrow night. He stated he has had confirmation from two different sources today, one the White House and David Obie who’s the ranking minority member on the Appropriations Committee that this is in the bill for the following amounts: $307,750,000 with an authorized federal share of about 50% of that, $154,360,000 and non-federal costs of $153,390,000. He stated in the 70-30 split between Grand Forks and East Grand Forks, state and local cost share on our side is $116 million, $55 million on East Grand Forks. He stated that pending no surprises the action moves back here, first of all need to have the Corps of Engineers report filed on this project by the end of the year, they are on target for a mid-December final report and report approval date, and that report will include the environmental impact statement and some other engineering specifications necessary in that report. He stated that the legislation is contingent upon filing of that report, next share is the cost share issue and that will also be a significant effort and work with State Legislature so they can commit. He stated the federal project has been authorized and will be working to get the federal share in the next Corps of Engineers’ budget and actual work will be contingent upon getting the State and local cost/share revenues in place so the project is fully funded.

Mayor Owens thanked Congressman Pomeroy and his staff and thanked him for being here tonight.

Mayor Owens introduced John Warcup, assistant city attorney, filling in for Mr. Swanson this evening.

DENY ORDINACE TO AMEND ZONING MAP TO INCLUDE
WITHIN MEADOWLARK PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, AREAS IN ADAMS-DOBMEIER 2ND ADDITION AND ADAMS-DOBMIER 3RD 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 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 , 7, 8 and 10, Adams-Dobmeier 2nd Addition and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota”, which had been introduced and passed on first reading on September 8, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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.

Melissa Cox, 5203 7th Avenue North, in Congressional I, presented petitions containing 91 signatures to oppose the expansion of the proposed mobile home park, and 100% of those living in Congressional I and II have opposed this and many people who signed expressed their opposition to that part which has already been zoned R-5, because it would have a negative impact on the home sales of Congressional I and II and decreasing property values. She stated that many people opposed to the fact that there’s already a couple large mobile home parks in that area and would like to see it developed into other types of housing.

Several other residents of Congressional also expressed their opposition to the mobile home parks in the neighborhood.

Council Member Brooks stated that approving the mobile home park and approving request from the developer would be in conflict with out 2015 Land Use Plan that was approved by the council and would not have designation of neighborhood commercial nor the designation of industrial which were in the 2015 Land Use Plan; and don’t have adequate infrastructure to handle a park of that nature. He stated that residents do not want that development out there and urged council to turn down the request.
Dennis Potter, City Planner, reported he revisited the record of the original change, checked all of the public hearing notices we were required to make and did find that we did conform to the documents and requirements of the law, and also had it checked with our city attorney to be sure had done that correctly.

Council Member Glassheim stated that 350 to 500 homes seems to be quite a lot, and asked if there was some business plan that has been looked at that anticipates a need for this many mobile homes. The developer was not present. Council Member Glassheim also stated that there were additional specials brought on by this project.

Mr. Potter reported that the issue the Planning Commission looked at was the question of whether there was a financing plan in place, that the mobile home park could show to their department, public works and engineering as to how they were going to pay for the infrastructure improvements that would have to occur to be able to service the property, and Planning Commission dealt with the issue of where was that financing plan which had been at a prior meeting on this project by the public service committee and which that issue was raised, that public service committee had asked Mr. Schmaltz to come up with a specific financing plan for the infrastructure and that plan was not available the night of the Planning Commission meeting and they questioned Mr. Schmaltz very closely and evident that plan did not exist; and that was another one of the reasons why the Planning Commission did not want to approve it.

Council Member Glassheim questioned process of rescinding zoning for mobile homes. Mr. Warcup stated that part of that area is already zoned for mobile homes and part of it is not, and looking to add a certain part of it, and there is an undeveloped mobile home park. He stated that as far as rescinding the zoning, would need to check further. Mr. Potter stated he would have to defer to the city attorney; but that most State enabling legislation allow you to change zoning but there are very definitely procedural guidelines to ensure that a property owner who has a zoning district and if going to change it to some other designation without their request, do some very specific findings of fact, etc. Mr. Warcup stated that if council could change the zone, would have to give notice and an opportunity for hearing for the homeowner. Council Member Hafner reported that Mr. Swanson advised at the Planning Commission that they could not rescind the zoning. Mr. Potter stated that Mr. Swanson made two specific points, that you could not rescind it, and that you have to be very careful in how you structure an attempt to do that from a procedural standpoint as a planning commission and also how you go about protecting the property rights of the owner of the land, and Mr. Swanson did not offer a specific way to do it, nor did he offer to research it.

Al Grasser, asst. city engineer, reported that any special assessments generated in the trailer park on the west side of 55th will be contained to properties on the west side of 55th based on current policies, but there probably will be some specials coming to some of the areas on the east side of 55th when the paving of 55th is done, and currently have a consultant under contract to do that design; and that is totally independent of the mobile home park.

Council Member Hafner stated this property is already zoned for a mobile home park or manufactured homes, and if this would have passed the request of the developer, he would have guaranteed a certain number of mobile homes on larger lots than required in our zoning laws, that in an end result maybe not what want but better than what ending up with now.

Mayor Owens closed the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Brooks to receive and file the petitions. Carried 13 votes affirmative.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Dan Schmaltz on behalf of Meadowlark Hills, L.L.C. and owner Eugene Adams for final 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 denial of the request., which had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Babinchak, Bakken, Hafner - 3; voting “nay”: Council Members Brooks Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Martinson - 10. Mayor Owens declared the ordinance defeated.

ADOPT ORDINANCE NO. 3744, RELATING TO LAND
DEVELOPMENT CODE, RETAIL SALES BY CONDITIONAL
USE IN AN I-1 (LIGHT INDUSTRIAL) DISTRICT, AND
APPROVE CONDITIONAL USE PERMIT

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 had been introduced and passed on its first reading on September 8, 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 read the report from the Planning and Zoning Commission who had considered the request from Steve Flaten on behalf of Garden Hut for final 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 final approval and passage of the ordinance, which had been moved and seconded by Council Members Hafner and Polovitz.

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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

The city auditor reported that the Planning and Zoning Commission was referred the matter of the request from Steve Flaten on behalf of Garden Hut for approval of a conditional use permit for the retail sales as an accessory use to the principal use in an I-1 Limited Business District, Lot D, Block 1, Larry’s Resubdivision to the city of Grand Forks, ND (located at 949 2nd Avenue North), and recommended tabling the request until such time as the phasing plan as identified in the minutes of the Board of Zoning Adjustments meeting on July 6, 1995 is adhered to. It was moved by Council Member Hafner and seconded by Council Member Polovitz. Carried 13 votes affirmative.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO.
3745. AMENDING STREET AND HIGHWAY PLAN TO
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF COLUMBIA PARK 26TH ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 26th Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 8, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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 Steve Adams on behalf of Arthur Greenberg, Jr. for final 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 Section 21, 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 final approval of the plat 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 had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3746,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
SOUTHERN ESTATES FIRST ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Southern Estates First Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 8, 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 Steve Adams on behalf of Useldinger and Gornowicz for final approval of the plat of Southern Estates First Addition to the city of Grand Forks, ND, lying within the W Half of the SE Quarter and the SW Quarter of Section 21, T151N, R50W of the 5thPrincipal Meridian (located between 40th Avenue South and 47th Avenue South and between South 16th Street and South Columbia Road), and recommended final approval of the plat, 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 had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter,

Lunak, Klave, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4461,
DISTRICT NO. 370

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4461, Sewer District No. 370, in the amount of $326,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4496,
DISTRICT NO. 394

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4496, Sewer District No. 394, in the amount of $40,700.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4619,
DISTRICT NO. 383

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4619, Sewer District No. 383, in the amount of $26,100.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4625,
DISTRICT NO. 385

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4625, Sewer District No. 385, in the amount of $133,100.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4657,
DISTRICT NO. 388

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4657, Sewer District No. 388, in the amount of $283,900.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4682,
DISTRICT NO. 390

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4682, Sewer District No. 390, in the amount of $100,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4620,
DISTRICT NO. 384

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4620, Sewer District No. 384, in the amount of $86,200.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO. 4659,
DISTRICT NO. 389

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4659, Sewer District No. 389, in the amount of $155,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET IMPROVEMENT
PROJECT NO. 4578, DISTRICT NO. 85

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4578, Street Improvement District No. 85, in the amount of $101,600.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO. 4537,
DISTRICT NO. 548

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4537, Paving District No. 548, in the amount of $45,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO. 4517,
DISTRICT NO. 546

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4517, Paving District No. 546, in the amount of $533,560.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO. 4557,
DISTRICT NO. 551

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4557, Paving District No. 551, in the amount of $467,200.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO. 4561,
DISTRICT NO. 545

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4561, Paving District No. 545, in the amount of $219,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO. 4660,
DISTRICT NO. 552

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4660, Paving District No. 552, in the amount of $555,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PEDESTRIAN/SIDEWALK
PROJECT NO. 4612, DISTRICT NO. 14

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4612, Pedestrian/Sidewalk District No. 14, in the amount of $20,200.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, BUILDING NUISANCE
PROJECT NO. 4687

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4687, Building Nuisance Abatement , in the amount of $895.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.


APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4497, DISTRICT NO. 261

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4497, Watermain District No. 261, in the amount of $40,375.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4462, DISTRICT NO. 247

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4462, Watermain District No. 247, in the amount of $292,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4603, DISTRICT NO. 251

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4603, Watermain District No. 251, in the amount of $25,875.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4626, DISTRICT NO. 254

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4626, Sewer District No. 254, in the amount of $75,100.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4658, DISTRICT NO. 255

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4658, Sewer District No. 255, in the amount of $84,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4683, DISTRICT NO. 257

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4683, Watermain District No. 257, in the amount of $34,800.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4708, DISTRICT NO. 259

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4708, Watermain District No. 259, in the amount of $364,230.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4715, DISTRICT NO. 258

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4715, Watermain District No. 258, in the amount of $37,850.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER CONNECTION
PROJECT NO. 1098

The city auditor presented and read the assessments as certified by the city engineer, and approval and confirmation of these assessments by the city engineer on Sewer Connection Project No. 1098, in the amount of $59,093.31, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 13 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 4732

The city auditor presented and read the assessments as certified by the city health department and/or city engineer, and the approval and confirmation of these assessments by the supervising sanitary and/or city engineer on Project No. 4732, weed cutting for 1998, in the amount of $7,977.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001.5

The city auditor presented and read the assessments as certified by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 9001.5, in the amount of $15,022.48, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 1 annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT
NO. 4571.1

The city auditor presented and read the assessments as certified by the city engineer and the approval and confirmation of these assessments by the city engineer on Project No. 4571.1, in the amount of $23,077.37, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 4 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT
NO. 4720

The city auditor presented and read the assessments as certified by the city engineer and the approval and confirmation of these assessments by the city engineer on Project No. 4720, in the amount of $109,679.83, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND HOLD MATTER
OF ASSESSMENTS, SEWER (SOUTHEND DRAINWAY)
PROJECT NO. 4440, DISTRICT NO. 386

The city auditor presented and read the assessments as certified by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4440, Sewer (Southend Drainway) District No. 386, in the amount of $902,114.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments.

C.T. Marhula asked the council to remove all the assessments east of Chestnut on any land that has been annexed or platted. He stated this has been a confusing process from day one, and a lot probably has to do with the time frame, which actually started under Mayor O’Neill, and since that time have gone through several mayors, city engineer, city planner, city assessor and council changes. Confusion has led us to this spot where they think they should not be assessed anything and believe that’s what they were told as they went to the public meetings about the big ditch.

He stated he will be addressing several points tonight: 1) who benefits from this ditch, why was it built, what were area residents told about who would pay for the project and quoted out of a CPS report - why was ditch built: the purpose of this project is to resolve storm water drainage problems in the southend of Grand Forks, since the 1950’s the majority of commercial and residential development within the city has been southerly and in the past urban drainage has been accomplished by conduit discharge to the Red River of the North or to smaller natural drainways such as the English Coulee. The existing accessibility of the existing drainway has resulted in a very cost efficient solution for an urban drainage system; if development of this corridor is to continue, a solution for urban drainage must be in place or residential development adjacent to and south of 47th Avenue, east of South Washington, will be restricted. The city engineering department has already determined there will be no additional development west of Belmont without major storm sewer trunk line construction. He thinks it’s important that they watch these addresses because so far they’re not doing anything east of Chestnut. Commercial development south of 32nd Avenue South between I-29 and South Washington Street will be restricted because of the need to construct storm sewer holding ponds and lack of an adequate storm sewer drainage system to accommodate storm water. The source of those comments is as close to a quote as he can get without triple checking the executive summary of the South Forks Drainage Ditch prepared by CPS Systems and couldn’t find a date on the document that the engineering department shared with him. He stated this executive summary leads to only one conclusion, the southend drainway was designed to benefit the continued development of the south end of Grand Forks, and is of no significant benefit to the existing areas of lots east of Chestnut. Specifically the southend ditch was built for the following reasons: 1) resolve storm sewer drainage problems in the southend of Grand Forks; 2) allow continued residential development adjacent to and south of 47th ; 3) to allow for the improvement of South Washington that would eliminate the ditches and lower existing grade; 4) allow continued commercial developments south of 32nd Avenue between I-29 and South Washington. He stated that was his summary, he stated that everything he can find is pointing to development along 32nd and because growing that way something had to be done.

Mr. Marhula presented a synopsis of article that appeared in the October 12, 1993, Grand Forks Herald and his synopsis - several area residents appeared before the public service commission to oppose the ditch. None of them objected to the cost of the ditch, and his neighbors suggested a more expensive alternative, and this leads them to the conclusion that they were under the impression they would not be assessed for any cost, and it makes no sense for someone to go in and ask for additional cost if he thought he was going to have to pay for it. Nothing about any benefit to the area east of Chestnut and around Belmont where most of those people in the audience live. To summarize this article again supports their position that they believed they would not have to pay for it and the prime benefit is the retail area in the area now being developed south of 32nd Avenue South and Ulland Park area.. He stated that everyone who attended the public hearings has the recollection that they were told there would not be any assessment, because this benefited the entire city and would probably be assessed to the entire city or as an alternative those areas out by Wal-Mart and Sam’s Club would pay for the project.

He stated that generally projects of this magnitude in nature are assessed to the entire city and source is a city employee who wishes to remain anonymous. He stated that the report did not address project funding the City is currently exploring all funding options including the use of federal, state grants/loans, cooperative funding with other agencies. He stated that at this point in time it appears the most logical funding method is to construct the drainway with City funds and use a storm hookup fee for the benefited area as the land is platted and annexed to the city, he stated his address is 5124 Belmont but has privilege of owning a lot in Rivers Edge and gets to pay for this twice until he can sell his house.

Mr. Marhula stated there are some other issues that have come up in talking with some of the consultants and people in engineering, and in doing research he talked to Mr. Herb Helgeson who lives on Chestnut and recalls the same way, were led to believe that there would be no charge for this drainway, and in talking with another individual, told they would not be assessed on Chestnut.

Mr. Marhula questioned why on March 28, 1997 at hearing to protest this, no one was there, and questioned whether absence doesn't lead one to conclude that they were under the impression they wouldn’t have to pay; and he has a letter from a law firm that represents the Sisters of St. Francis who owned the land before it was sold to developers, they talk about ditch, etc. but do not talk about the cost, and that the Sisters were going to sell the land so it didn’t matter to them and another conclusion could be they’re under the same impression that it was going to be assessed to the entire city. He stated on his purchase agreement it stated that included in the purchase price of the lot is the cost for installing the sanitary sewer, storm sewer, watermeters and engineering, which leads him to believe that everyone was under the impression that the drainage ditch was a city-wide project.

Kirk Tingum, Caldis, Tingum & Grinwald Law Office, stated he was here to represent Shadyridge 3rd Addition, Lavonne Adams, unplatted property, adjacent to that, and is east of Chestnut. He stated this is an area where there is a specific problem, that the footprint of the dike is going to run somewhere in Shadyridge Subdivision and City has put forth special assessments against this property and some of it will be on the wet side of the dike. He stated they’ve ended up with some property that has no use to the landowner at this point because the property is potentially behind the wet side of the dike. He stated that the City is assessing special assessments against this property and assessments are supposed to be based upon a benefit to the property but in this case have property that can’t be used and it’s very difficult to see what benefit, if any, that can be to this property. He stated that Lavonne Adams and her husband donated quite a bit of property to the City to help with establishing this project and permitting the City to obtain various rights of way. He asked that the Shadyridge Third Addition be excluded from this project and when dike lines are established, even under the present scenario, all of this special assessments will have to be reworked in this area and ask that the council consider the benefits to the property and because the property can’t be used now it has no value to the owner and cannot see that there is any benefit to this property for this project.

Tom Hagness, 1423 11th Avenue South, stated that he had talked to Mr. Marhula today to recollect what had happened in Public Service Committee and from infancy to the making of this project, a very necessary project; that engineering staff sold the city council that there was a need for the project for the whole city and that the whole city benefited because our whole system is taxed because of the growth of the city; that lines no longer big enough to hold the drainage that we have and needless to say we’ve had flooding from the south because we don’t have a southend drainway; and would encourage from his recollections not to exclude anybody but to include everybody.

Lonnie Lafen, Special Assessment Commission, chairman, stated this has been hard project to assess, there are a couple issues here that make it difficult, that the Special Assessment Commission gets a district given to them by city engineering and the project costs are put together and it’s their job to assess those costs within that district, and are limited to that district; that once they receive that district they look at this project strictly as what they thought were the benefiting parties from this project and thought everyone within the district, which is 21 quarters of land, in the whole southend would receive some benefit from the southend drainway, that they did exclude the Chestnut Street area because they had gone in on their own and built their own storm sewer system and routed it all the way back to the river, so it’s completely done and they paid for it on their own and truly have no benefit in this. He stated that Belmont has yet to put in their system, it’s still all open ditches up and down Belmont Road and it’s their belief that the southend drainway will shorten the run that Belmont storm sewer will have to make, won’t have to go all the way back to the river, simply have to go to the new southend drainway, and what they are paying now is for a shortening of their project when it actually occurs later. He stated that after hearing all of the Belmont residents who came to their Commission hearing they did reduce that assessment for the Belmont area for one-half benefit rather than full benefit. He stated they aren’t privy to any of the conversations in the past about any promises, etc. and no one can find any minutes from those meetings so don’t know that information.

Mr. Lafen stated that the Shadyridge question, is the other hard part about this project; the proposed dike line does cut across some of these properties and do they assess some properties that really will be behind the dike, and their belief is that they don’t know if there will be a dike, don’t know where the lines are yet, so have to proceed assessing projects like they normally would; if there’s a platted parcel of land and they receive a benefit from a project, they will assess that parcel of land; if the City needs to come back and purchase that piece of property for the dike, they’ll have to pay back assessment money.

The city auditor reported that on establishing the district - the district is drawn by the engineering department, that it goes through Public Service Committee and then onto council for establishment, and that is why the area is being assessed because it is where it is and not a city-wide assessment; there was no determination at the time of the project that this would be a city-wide assessment, and that information is published, maps are published at the time it is set.

Dale Sailer, city accountant, stated that there wasn’t notice given on this until they sent the letter in September, 1998, because he didn’t feel comfortable that he had firm figures until that time, as the project when he originally started out was $10 million then went to $15 million and areas weren’t clear where he could send letters to; maps and descriptions of the properties were published. It was noted that letters were not sent out when approved plans and specifications and no one able to protest that because they didn’t know they would have to pay for it. The city auditor stated that this is not a protestable project.

Al Grasser, asst. city engineer, reported that the district was created in March, 1997, and approved by the city council; and reviewed map showing assessment district and tapping area; that there is an existing storm sewer going down 47th Avenue South and installed when Belmont Road was paved from 32nd to 47th Avenue; that the existing drainage then and for most part now comes down and drains into pipe, and no one assessed for that pipe (went in with DOT project); through the course of developing the southend drainway discussions were had that there’s a limited capacity on that pipe and when Chestnut came in, they analyzed the capacity of the pipe and determined there was sufficient capacity for Chestnut Street to go in, looked at when Mighty Acres came in and then maxed out the capacity of storm sewer pipe which would preclude Belmont Road from having capacity to go in at that time. He stated that through informal discussions it was their understanding that there was no interest to put in the storm sewer on Belmont Road so council made decision to allow Mighty Acres to develop and that sewer went into this pipe and maxed out the capacity of that pipe. He stated when they look at the master plan drainage for the area, they have determined that from a specific point the water will drain into the drainway, redirected to the south and a large pipe installed and continue south to about 62nd Avenue, results in having a smaller pipe because you’re able to split the flow. He stated that the potential future benefits are here although the current drainage is going into 47th Avenue South, the future benefits when permanent storm sewer will go in, is planned to go into the southend drainway. Mr. Grasser reported that water follows ditches right now and goes into this pipe, and goes down Adams Drive and some veers off to the river but majority of Belmont Road drains north into this pipe as it exists today. Council Member Hafner asked if residents on South Belmont offered part of the capacity of the 47th Avenue South storm sewer or no interest. Mr. Grasser stated that basically there was no interest, not a formalized process of making that election.
Jake Dvorak, 5204 Belmont, stated that Belmont Road was first serviced by the 47th pipe and whether interest expressed or not in improving that, isn’t the point, they were first ones served and taken out of it by Mighty Acres area.

Council Member Hafner asked if there is capacity now to take the drainage when it’s overland, why any different than if it was formal storm sewer. Mr. Grasser stated when you look at ultimate storm sewer it will have curb and gutter, concrete storm sewer pipe, water will have more runoff and come quicker than what it comes now, when it hits the ditches which are very flat, they serve as holding ponds; when they talk about the design, designed for a 10-year storm event and doesn’t mean that the system as it exists fails but saying that it won’t meet their current design standards for the future. He stated that this section of the land drainage proceeds in general from the southwest to the northeast and majority of this property before the project ended up in the 47th Avenue South pipe, and because agricultural land with low runoff and long times of concentration, takes peaks out. He stated that in the summaries, they looked at the big picture of the entire area and everything very true that there are overland flooding problems on 32nd Avenue, etc. but study to see what was best way to address the storm sewer in the south end, and found that the est. construction of the drainway was $8.7 million and cost of constructing closed conduits with storm pumping stations would have been $32 million, and question that was put to the council, how to best serve the entire area and when do those things, some people come out better than others. He stated he cannot document what promises may or may not have been said or heard, only thing he can tell you is that he doesn’t recollect that being said when talked to the consultants, they did not recollect that.

Mr. Marhula reported that Mr. Weiland from CPS did take notes and records of meetings, but they were not only flooded but also burned and documentation was destroyed.

Gordon Moen, 5004 Belmont Road, attended the Special Assessment Commission’s review of the project, that they were under the understanding that the assessment is to be a benefit to the landowners, and he still has to hear from anybody to tell him that his location and others, benefit. He stated that he realized that in the future when the urbanization of curb and gutter go in that they will be assessed at that time, and their benefit will be received at that time. He stated he is disappointed that they don’t get the answers they are looking for, very frustrating to them, and that there are people who attended that meeting.

There were questions as to whether this should go back to the Special Assessment Commission; however the city auditor reported the problem they have is a deadline of November 1 to have these certified to the County; that the Special Assessment Commission has met on them and they could pull this project out of the listing this evening, but would need to have a special meeting sometime between now and November 1 in order to get this project assessed. He stated that the Special Assessment Commission has made their findings of benefits, etc and there seems to be a discrepancy, and next level of authority in the assessment process is the city council as the final hearing board to make a determination. The city auditor reported that when an assessment is changed in one area, it is put on other properties in the district.

It was moved by Council Member Babinchak and seconded by Council Member Bakken to hold this matter for consideration at a special meeting. Carried 13 votes affirmative.

COUNCIL MEMBER HAFNER EXCUSED

ADOPT RESOLUTION VACATING PORTION OF 5TH
AVENUE SOUTH BETWEEN SOUTH WASHINGTON STREET
AND NORTH/SOUTH ALLEY LYING EAST THEREOF
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of 5th Avenue South lying south of and adjacent to Lot 12, Block 33, Holes Central Addition and north of and adjacent to Lot L, Block 34, Replat of Lots 13 through 24, Block 34, and Lots 13 through 24, Block 35, Holes Central Addition, excluding westerly 15 ft. thereof and being subject to a 7 ft. wide sidewalk easement lying south of and adjacent to the north line of said 5th Avenue R/W (located between South Washington Street and the N/S alley lying east thereof), 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 his office.

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

It was moved by Council Member Babinchak and seconded by Council Member Lunak that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 12 votes affirmative.

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7644 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.

COUNCIL MEMBER HAFNER REPORTED BACK

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 2625-31 SOUTH 18TH STREET

The city auditor reported that the notice of public hearing on the application by Dakota Realtors, Inc. to move a building from 509 Pakenham Avenue to 2625 South 18th Street to be used as a single family dwelling, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the matter of application for moving permit to move a single-family dwelling to 2625-2631 South 18th Street, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Bouley and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and that Dakota Realtors, Inc. be and is hereby authorized to move the building. Carried 11 votes affirmative.

COUNCIL MEMBER HAFNER REPORTED BACK

HOLD PUBLIC HEARING ON APPLICATION TO
MOVE BUILDING TO 913 ALMONTE AVENUE

The city auditor reported that the notice of public hearing on the application by Colleen Peterson to move a building from 1025 Lanark Avenue to 913 Almonte Avenue to be used as a garage, had been published and posted as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Committee No. 3, Public Service, reported having considered the matter of application for moving permit to move a garage from 1025 Lanark Avenue to 913 Almonte Avenue, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved, and further that Ms. Peterson be and is hereby authorized to move the building. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-18, dated October 19, 1998 and totaling $7,527,728.01, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Bouley 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, Babinchak, Bakken, Hafner - 12; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

COUNCIL MEMBER MARTINSON REPORTED BACK

ADOPT RESOLUTION RELATING TO PROJECT UNDER
MIDA ACT OF 1955, GRANTING PRELIMINARY APPROVAL
OF FINANCING FOR 4000 VALLEY SQUARE AND
SETTING PUBLIC HEARING FOR NOVEMBER 16

Committee No. 1, Finance, reported having considered the matter of financing for 4000 Valley Square, and recommended to adopt the resolution relating to a project under the Municipal Industrial Development Act of 1955, giving preliminary approval and to set public hearing for November 16, 1998.

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

Council Member Brooks introduced the following resolution and moved its adoption, which motion was seconded by Council Member Carpenter: Document No. 7645 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none, whereupon the resolution was declared duly passed and adopted.

AUTHORIZE ENTERING INTO LEASE AGREEMENT
FOR PROPERTY AT 1514 LEWIS BLVD.

Committee No. 1, Finance, reported having considered the matter of lease for landscaping of property at 1514 Lewis Blvd., and recommended to authorize entering into a standard lease agreement with Tom Edwards for the property at 1514 Lewis Blvd.

It was moved by Council Member Brooks and seconded by Council Member Carpenter 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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

RECEIVE AND FILE COMPLAINT RE. INTERNET DOMAIN
REGISTRANT

Committee No. 1, Finance, reported having considered the matter of complaint re. Internet domain registrant, and recommended to receive and file the report on that issue.

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

APPROVE REJECTION OF BIDS AND AUTHORIZE
REBIDDING OF BREATHING APPARATUS (SCBA)
FOR THE FIRE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the bids for breathing apparatus (SCBA) for the fire department, and recommended to reject the bids and to authorize staff to rebid the equipment; and to approve new plans and specifications.

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

APPROVE EXTENSION OF PEDESTRIAN
CROSSING ON UNIVERSITY AVENUE AT
STANFORD ROAD

Committee No. 2, Public Safety, reported having considered the matter of pedestrian crossing on University Avenue (school slow sign) and Stanford Road with possibility of extending crossing area to the west by State Street, and recommended to extend existing crossing from Stanford to State Street and move the west signal standard to State Street, with funding out of Highway Users.

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

APPROVE GRANT AGREEMENT WITH ND STATE
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with ND State Department of Health, Immunization/Epidemiologist grant agreement, $12,386.00, and recommended to approve the extension of the contract with amendment.

It was moved by Council Member Bouley and seconded by Council Member Martinson 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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

POSTPONE MATTER OF LIGHTING ON BIKEPATH
ALONG ENGLISH COULEE FROM 6TH AVENUE
NORTH TO GATEWAY DRIVE TO NEXT COUNCIL
MEETING

Committee No. 2, Public Safety, reported having considered the matter of lighting on bikepath along English Coulee from 6th Avenue North to Gateway Drive, safety issue, and recommended denying the request to light the bikepath along the English Coulee from 6th Avenue North to Gateway Drive.

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

Council Member Hamerlik reported he had conversation with one of the directors at the University who serves on the pathway committee had asked him for additional time in order to do more research as to whether it is a safety problem or not, and moved to postpone the matter of lighting on bikeway path along the English Coulee from 6th Gateway indefinitely. Council Member Hafner seconded the motion.

Council Member Lucke stated he would like to make a decision on this, that Public Safety’s conclusion that a bikepath is safer without lights than with lights, and would like discussion on staff’s recommendation, purpose of project, who brought it forth, and Transportation Safety Funds will pay for this, there will be some maintenance costs on this.

Mr. Grasser reported that the last motion before the council was the request to go to RFP’s for the consultants but it did go to council before that for authorization to proceed with the project, and this is second time this issue has come up. He reported that the project was planned and coordinated by the MPO; that in August the engineering department received a letter stating that the Department of Transportation has approved that project for DOT funding and the City must commit to the project by about middle of September, that was first issue that went to council; and council did come out with an affirmative to proceed with the project, and have told DOT that project is a go. He stated that subsequent to that they have to bring next issue to council, to bring RFP in so can hire a consultant and that’s what’s before council now. He stated that there was some discussion between committees and only word of caution is to solve expeditiously because from the DOT’s standpoint, they have said they will accept the offer of transportation enhancement funds and programmed that. He stated he was not sure of the procedure if wish to back out of it, but longer delay there’s good possibility that they will pull those funds and take them somewhere else, otherwise expect us to proceed.

Council Member Hamerlik stated the intent of his motion, which is not debatable, is to give the University an opportunity to explore among University constituents (students, groups, etc.) and take it back to the Path Committee, and then come back with it; and thought could do it in two weeks.

Council Member Brooks stated this item went to public service and he brought it to public safety because of a safety issue, that he walks that path every day - that path is beautiful during the day but is not beautiful at night and putting lights there will give a false sense of security, it’s a tunnel with cover on both sides, and not a path to be on at night.. He stated it’s dangerous and he’s against it. He stated that the University does need to talk to some of their people over there.

After further discussion Council Member Hamerlik stated he would prefer to table this matter to the next regular meeting; Council Member Hafner concurred. The motion carried 13 votes affirmative.

APPROVE BUDGET AMENDMENT

A request to amend the Street Department budget in the amount of $6,384.00 to cover expenditures for fence repair, was presented and read. It was moved by Council Member Klave and seconded by Council Member Hafner that this budget amendment be approved. Carried 13 votes affirmative.

APPROVE EASEMENT FOR PROJECT NO. 4846

Committee No. 3, Public Service, reported having considered the matter of storm water drainage easement for Project No. 4846, along future 40th Avenue South between South Washington Street and the southend drainway, for and in consideration of $112.00, Glen and Gloria Gransberg, grantor/lessor, and recommended to approve and accept the easement with the cost of the easement in the amount of $112.00, CDBG eligible.

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

APPROVE WARRANTY DEED FOR LANDFILL
RELOCATION

Committee No. 3, Public Service, reported having considered the matter of warranty deed under negotiation for landfill relocation, located on east side of Highway 81 approx. four miles north of Manvel, ND for and in consideration of $535,000 and other good and valuable considerations, Martha J. Hargrave, grantor/lessor, and recommended to authorize entering into warranty deed negotiations for Section 19 and SE Quarter of Section 18-154-51 in Grand Forks County for landfill relocation purposes in the amount of $535,000 plus a lump sum payment of $16,000 for income supplement for ten (10) years or to December 1, 2008.

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

RECEIVE AND FILE REQUEST BY CRARY HOMES FOR
SANITARY SEWER LIFT STATION AND STORM SEWER TO
SERVE PRAIRIEVIEW ADDITION UNTIL RECEIVING
FURTHER INFORMTION

Committee No. 3, Public Service, reported having considered the matter of request by Crary Homes for sanitary sewer lift station and storm sewer to serve Prairieview Addition, and recommended to receive and file until we receive further information.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

RECEIVE REQUEST FROM KINDNESS ANIMAL HOSPITAL
TO CONNECT TO CITY WATER AND CONCUR WITH
RECOMMENDATION FROM PLANNING /ZONING COMMISSON

Committee No. 3, Public Service, reported having considered the matter of request by Kindness Animal Hospital to connect to city water, and recommended to approve request and to concur with recommendation from Planning and Zoning Commission.

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

CONSIDER MATTER OF BUILDING MORATORIUM ON
RIVERS EDGE ADDITION AND RELOCTION OF SEWER
AND WATERMAIN, AND APPROVE PLANS AND SPECIFI-
CATIONS

Committee No. 3, Public Service, reported having considered the matter of building moratorium on Rivers Edge Addition and relocation of sanitary sewer (Project 4554) and watermain (Project No. 4555) in Rivers Edge Addition, and recommended to approve plans and specifications.

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

Committee No. 3, Public Service, reported having considered the matter of building moratorium in Rivers Edge Addition, and recommended that if any moratorium for any of the lots on the wet side of Rivers Edge Drive, that moratorium be lifted.

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

AUTHORIZE ENTERING INTO ENGINEERING
AGREEMENT FOR STUDY AND PRELIMINARAY DESIGN
FOR PROJECT NO. 4772, RED RIVER DAM EROSION
CONTROL AND BOAT RAMP

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services (study and report and preliminary design), Project No. 4772, Red River Dam Erosion Control and Boat Ramp (CDBG), and recommended to authorize entering into the agreement with Short Eliott Hendrickson, Inc. in the amount of $98,900.00, CDBG funds allocated for the project.

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


APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4913, HOUSING
DEVELOPMENT SOUTH OF ULLAND PARK

Committee No. 3, Public Service, reported having considered the amendment to engineering services agreement, Amendment No. 8, study and report, Greater Forks Engineering Group, Project No. 4913, Housing Development south of Ulland Park (CDBG), and recommended to approve the amendment to the contract in the amount of $19,200.00, and allocate CDBG funding.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4654, RESTORE BRICK
SEWERS

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements, Amendment No. 1, construction engineering, Webster, Foster & Weston, Project No. 4654, restore brick sewers (CDBG), and recommended to approve the amendment to the engineering agreement in an amount o $83,166.00, and allocate CDBG funding.

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

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4848, PUMP STATION #39

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4848, Pump Station #39 (CDBG), and recommended to approve plans and specifications and authorize call for bids, and allocate CDBG funding.

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

ACCEPT BID FOR CONSTRUCTION OF SEWER PROJECT
NO. 4856

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4856, storm sewer on Cherry Street from 55th Avenue South to the Southend Drainway (CDBG), and recommended to return the bid of United Crane & Excavation, Inc. unopened as they failed to meet bidding requirements.

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

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4856, storm sewer on Cherry Street from 55th Avenue South to the Southend Drainway (CDBG), and recommended to accept the low bid of Molstad Evacuating, Inc. in the amount of $199,732.00, and allocate CDBG funds.

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

AWARD CONTRACT FOR WATERMAIN PROJECT
NO. 4843, ALTERNATE 1, ON SOUTH WASHINGTON
STREET FROM 47TH AVENUE SOUTH TO 55TH AVENUE
SOUTH

Committee No. 3, Public Service, reported having considered the bids for Project No. 4843, watermain on South Washington Street from 47th to 62nd Avenues South, and recommended to accept the low bid of Dakota Underground in the amount of $127,613.00 for Alternate 1 (from 47th Avenue South to 55th Avenue South) and allocated CDBG funds.

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

APPROVE CHANGE ORDER NO. 4, PROJECT NO. 4469.1
DISTRICT NO. 386.1, SOUTHEND DRAINWAY PHASE 1B

Committee No. 3, Public Service, reported having considered the bids for Project No. 4469.1, District No. 386.1, Southend Drainway Phase 1B, Change Order No. 4, Kern & Tabery, Inc., contractor; and recommended to approve the change order in the amount of $9,692.80.

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

APPROVE CHANGE ORDER NO. 3, PROJECT NO.
4654.466, PRIORITY SEWER REPAIRS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4654.466, priority sewer repairs, Change Order #3 (CDBG), Robert Gibb & Sons, contractor, and recommended to approve the change order in the amount of $300,750.00, and allocate CDBG funding.

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

AUTHORIZE PAVEMENT REPAIR OF 400 BLOCK OF
CHESTNUT STREET

Committee No. 3, Public Service, reported having considered the matter of pavement repair/replacement in the 400 block of Chestnut Street, and recommended to pave the street with concrete and that staff address another letter to the State Historical Society.

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

Council Member Hafner reported that it was requested by the School System to pave this section of roadway that they damaged during the construction of Phoenix Elementary and they have the money through FEMA to pay for it but disagreed with the $27,000 that needed to make it look like granitoid, that he felt that was an excessive amount of money; that it seems like the School District and local Historical Society agree that the City ought to pay the difference, and it was committee’s understanding from the Engineering Department that only half of that street is under the jurisdiction of the Historical Society that needs to be granitoid. He stated they made a motion and passed it to pave and research be done with the Historical Society to determine how much of that area needed to be put in granitoid. He stated they do not have an answer yet and those at Public Service would be willing to do half of it which they are required to do.

Lonnie Winrich, Grand Forks Historical Society, stated that when a granitoid street is repaired/replaced any granitoid which is salvageable is supposed to stay in place and patches are to be made around it, etc. with the patterned concrete that simulates the granitoid. He stated that in this particular case there is so much damage because of the construction that has been going on in the Phoenix School, etc. and that in consulting with the Engineering Department was told that it would be prohibitively expensive to do that and was better to replace the whole street. He stated in talking with the State Historical Society, which has jurisdiction to deal with this issue, what was agreed to; that the portion of the street that is considered granitoid extends approx. 170 ft. south of the intersection with 4th Avenue South and the remainder of the block was paved with asphalt; that the staff member at the State Historical Society who enforces these things normally, agreed to in negotiations with him that if they preserve the granitoid back about 12 or 15 feet from the intersection where it is in reasonably good condition and then pave the rest of the street, including the old asphalt portion with the simulated granitoid, that he would support that before the State Historical Board, from whom we need to get permission to do this.

Council Member Hafner questioned why they would want the City to do the whole thing when City is only required to do the part that wasn't paved over. Mr. Winrich stated that was the proposal that he had from the School Board and from the Engineering Department. Council Member Hafner stated that no one from Public Service was included in those conversations; and their point is that they would do the historical part and not the part that was paved over, that the City has to be somewhat frugal with the money given to deal with and seems prohibitively costly to do this and would like to be agreeable and amenable and do what is necessary, but not go beyond what is necessary. Mr. Winrich stated it was his understanding that this was a cost effective way to deal with the problem rather than the patching which is required under a programmatic memorandum of agreement that is in place, and that was the proposal that came from a combination of School Board and the City Engineering Department. Council Member Klave stated that to his knowledge no entity of the city was involved in this procedure to achieve that and when the School District said they had money to pave it but didn’t have money to do the stamping of the street, and that’s when the Historical Society said that’s fine, just get funds from the City, which is what they were told at the Public Service Committee meeting, and went from what is registered to the whole block.
Mr. Winrich reported that at the last meeting of the Historical Preservation Commission they did not have the proposal that now exists, they had a presentation from the School Board that said essentially they wanted to fix the street as economically as possible and that Mr. Scott from the School Board said that they couldn’t afford to repave it with stamped concrete. He stated that as far as he knew the proposal came from the School Board and the Engineering Department. (to pave the entire block). He stated that the recommendation of the Historical Preservation Commission was to patch the granitoid under the Programmatic Memorandum of Agreement that exists.

Mr. Grasser reported that the first time they saw this proposal was last summer, that it came in with site plan work for the Phoenix Elementary School and at that time they did propose putting a bus turnout in there which would have required doing some minimal saw cutting along the granitoid pavement, and based on their past history with granitoid they said they would prefer not to do that. He stated that the original design was changed and City never knew exactly what was being proposed, that the School came up with some money and talked about replacing the “entire street”, that Engineering Department agreed with that and thought that was a good idea if they could fund the project, but as things developed and when they started researching they found out that the Programmatic Agreement they have for granitoid paving only goes for about 170 feet and the next 170 or 180 feet is an asphalt overlay. He stated that when they presented this to Public Service they thought they had all of the facts, their recommendation was that the granitoid pavement was basically shot before the project started, in worse shape after the project complete, and the extra $27,000 to stamp the granitoid seemed to be prohibitive, but when saw the Programmatic Agreement only covered the 170 feet, their recommendation to Public Service was that because the deterioration is so bad and because there is so much granitoid in the city, that they should ask the Historical Commission not to require the City to stamp that half block and certainly not require City to stamp the last half of the block that doesn’t have a programmatic agreement tied to it. He stated they were hopeful that the Historical Commission would consider that and that is what they recommended to Public Service and if approved by the city council were then going to forward that request to the Historical Commission under the

Mayor’s signature because the Historical Commission is determined they do not want to deal with either the contractor, the School System or staff.

Mr. Winrich reported that when he talked to Mike Simonson at the State Historical Commission it was his understanding that the proposal was that they would repave the whole block in simulated granitoid and that engineering staff was disappointed with that because they wanted to have the approval before it went to the Public Service Committee and it was tentatively taken to the Public Service Committee; that he can’t speak for the reaction that may come from paving the 170 feet, that under the Programmatic Memorandum of Agreement the City can repair existing granitoid and in conversations with Engineering Department staff it was his understanding that because the granitoid was in such bad shape, it would be more expensive to actually patch it and preserve what was still there than it would be to repave the entire block. He stated it’s not a matter of the Historical Society preferring to deal with one person or another, it’s a matter of complying with the State law, which specifies the procedure because of the status that exists here, specifies the procedure that must be followed and that’s what they’ve been trying to negotiate, and that’s why the application needs to come from the mayor. Mr. Winrich stated he drafted the letter on the basis of the proposal that he had, and it was the entire block.

Mr. Grasser stated it was his understanding that the School was willing to pay the basic cost of putting the concrete in from the alley back to 4th Avenue but didn’t have the funds to do the stamping, the stamping increased the cost by 30 or 40%. Council Member Klave stated that the School District was going to resurface that but requested City to restamp it but the distance of stamping was about double what he felt they needed to really do.

Mr. Grasser stated that a patch or the two utility patches that he is aware of can certainly be done cheaper than redoing the entire block; and does not make sense in the long run to patch a broken street that should be reconstructed. Council Member Hafner stated that time after time the City is expected to pick up these costs and seems ridiculously high to pay $27,000 (40% of cost of repairing the street) to scratch some lines in it, that’s fake, doesn’t make sense.

Joe Belcourt, 423 Chestnut Street, stated he has discussed this with all the residents on that block and they are tired of having a street that’s been closed for a year, it is a street that is in terrible condition and at this point it is beyond repair and beyond patching; and what they’re afraid of is that this is an opportunity that is going to be passed up by the City to use the existing funds the School District is willing to pay and City will come back in a few years to completely rebuild that street and property owners will get a big assessment, as well as the School District. He stated they were hoping that they could negotiate a situation in which the street gets fixed this year and that they don’t go through another winter of the street being in that condition.

Council Member Glassheim asked if there was anything in the Memorandum Agreement re. emergencies. Mr. Grasser stated there are provisions to do an emergency type repair, but not if extended that beyond the actual area of repair.

Howard Swanson, city attorney, reported that the agreement that was drafted between the City and the State Historical Commission does have clauses in it for emergency repairs, however, by definition of that agreement a natural disaster would not meet the same definition as emergency. He stated several other items that they’ve heard with respect to this issue is whether or not a representative of the City was involved in discussions or made representations or made an agreement on behalf of the City. He stated that the council needs to because that no one council member and no staff member and no department head can bind the action of the city council, so if there have been discussions or if there have been representations by a staff member, they’re not to be relied upon; that has to be confirmed by the council. He stated that another point is that he doesn’t believe the State Historical Society can extend the district or extend the area of the streets to be covered by that agreement if that area of the street was not previously part of the agreement; that he understands at this point a portion of the street that is now being asked to be
stamped concrete is not presently granitoid and is an overlay portion of the street, and under the terms of the agreement they do not have the authority to require additional streets to be stamped. He stated as a practical matter they could hold it as a bargaining chip for something else to be done in that area that is presently granitoid, but no ability to unilaterally extend that district or the agreement over new streets or even an extension of an existing granitoid street.

Mr. Winrich stated he didn’t think it was accurate to suggest that the Historical Society or the State Historical Board is attempting to extend the definition of the granitoid historical area; that what happened was that he had a proposal from the School Board and understood from the city engineering department, the proposal was to repave the entire block with stamped concrete and that he presented this to the State and they agreed to accept it, that it was not their demand that it be done. He also noted that the next meeting of the State Historical Board is November 6.

It was moved by Council Member Hafner and seconded by Council Member Glassheim to amend the motion that we pave this street with 170 ft. being in granitoid markings and that the remainder of it be done in normal replacement.
Council Member Carpenter asked if they could do something to make it passable this winter so residents can use streets this winter, and if School District still has its $40,000 next spring to do this project and would there be other funds to get this street done next spring. Council Member Hafner stated their indication from the School was that they would do their best to preserve that money, and perhaps could forward to City in some type of cash account. He stated there is one other issue, that there isn’t an economical way to do the granitoid look, maybe through investigations find a way that is much cheaper. Council Member Klave stated that Mr. Opp stated it was an extravagant way but still one of the cheaper ways to do it to make that stamping work, and Historical Society has certain people that are approved to do this type of work, and asked School District if they could set that money aside this spring, but didn’t get a yes or no. He reported that Mr. Opp stated they could get some patches into that street so it’s an operable street for the winter.

Mr. Grasser reported that an official request from the City has to come from the mayor and probably therefore with concurrence from the city council and appears obvious that no matter what try to do, it wasn’t going to happen this fall. and their recommendation when they talked with the Public Service Committee was to recognize this fact, plan on doing the patch to get us through and that the City make an officials request, and if make an official request, to ask for the bare bones and that they let us know what is acceptable.

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

It was moved by Council Member Carpenter and seconded by Council Member Lunak that we amend the motion and score the additional feet up to the alley. Upon roll call the following voted “aye”: Council Members Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Brooks - 7; voting “nay”: Council Members Hamerlik, Klave, Babinchak, Bakken, Hafner, Martinson - 6. Mayor Owens declared the motion carried.

Upon call for the motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Lucke, Bouley, Glassheim, Carpenter, Lunak, Brooks, Polovitz - 7; voting “nay”: Council Members Hamerlik, Klave, Babinchak, Bakken, Hafner, Martinson - 6. Mayor Owens declared the motion carried.

APPROVE ADDITIONAL RENTAL REHAB PROGRAM
FUNDING

Committee No. 4, Urban Development, reported having considered the matter of additional Rental Rehab Program, and recommended that we approve up to $5,000.00 in additional funding per wet unit, upon availability of funding.

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

EXTEND TIMELINE FOR STUDY FOR METROPOLITAN
OPERA HOUSE TO NOVEMBER 6, 1998

Committee No. 4, Urban Development, reported having considered the matter of feasibility study for Metropolitan Opera House, and recommended to approve time line extension to November 6, 1998.
It was moved by Council Member Polovitz and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH
THE 106 GROUP TO COMPLETE HISTORICAL DISTRICT
SURVEY FOR CENTRAL BUSINESS DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of historical district survey for the Central Business District, and recommended that the city council select and enter into an agreement with The 106 Group to complete a historical district survey for the Central Business District.

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

APPROVE CHANGE ORDER FOR PARKING LOT
AT 3RD STREET AND 2ND AVENUE NORTH

Committee No. 4, Urban Development, reported having considered the matter of change order to include drainage and gravel for parking lot at 3re Street and 2nd Avenue North, and recommended to approve change order to Molstad Excavation, Inc. project for drainage and graveling in the amount up to $8,000.

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

APPROVE MEMORANDUM OF AGREEMENT FOR
DEMOLITION OF BUILDINGS IN CENTRAL BUSINESS
DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of Memorandum of Agreement to the programmatic agreement between the Department of Housing and Urban Development, the City of Grand Forks, the Advisory Council on Historic Preservation, and ND State Historic Preservation Office. re. HUD disaster assistance to Grand forks re. demolition of buildings in the Central Business District, and recommended to approve the Memorandum of Agreement for demolition of buildings in central business district as outlined.

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

APPROVE CHANGE ORDER FOR CURB AND GUTTER,
SIDEWALKS AND PAVERS FOR BLOCK BURNED DURING
FLOOD ON NORTH 3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of change order for curb and gutter and sidewalk for burned block (North 3rd Street between 1st and 2nd Avenues North), and recommended a change order to Opp Construction be approved in the amount of unit prices (up to $40,000) subject to review and approval by the Engineering Department and final approval of the Downtown Development Commission.

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

CONSIDER MATTER OF 1999 CDBG PROGRAM AND
CALL FOR PUBLIC COMMENT PERIOD

Committee No. 4, Urban Development, reported having considered the matter of 1999 CDBG Program (open 30-day public comment period), and recommended approval to call for the public comment period.

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

Council Member Lucke stated there was some discussion re. using CDBG money for payment of special assessments on North 6th Street project and asked if that was an acceptable use of CDBG monies. Mr. O’Leary stated it is an acceptable use of CDBG money provided you only use the funds to pay the special assessments for people who qualify income-wise, and a major difference between regular CDBG program where they must spend 70% or more of the money for low and moderate income projects vs. our special allocation because of the disaster. Council Member Lucke questioned whether rental rehab money could be used for that purpose in the future; Mr. O’Leary stated they could and the precedent is there to do that, CDBG funds proposed be used for this project but also used for sewer separation during the late or middle 1980’s. Council Member Lucke stated they’ve been talking about dike financing methods and special assessments might be one of the choices they make and perhaps can use some of those monies for the low and moderate relief and might make it easier to sell city-wide, an idea to put on the table for everybody to think about.

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

APPROVE APPEAL FROM PARK SOUTH CONDO-
MINIUMS AND MAKE EXCEPTION FOR THOSE
WHO QUALIFY IN PHASE III

Committee No. 4, Urban Development, reported having considered the matter of Phase III Housing Rehab Program, request for exception to participate in Phase III Housing Rehab Program from Park South Condominiums, 3210 Cherry Street, and recommended to approve appeal and make an exception for those condominiums who qualify for Phase III

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

Council Member Bakken expressed concern because changing and adding to and making exceptions, and will get to a point where everything will be an exception, and never finish programs.
Upon call for the question, and upon voice vote, the motion carried 13 votes affirmative.

SUSPEND AGENDA AND NOT CONSIDER READING
OF EACH INDIVIDUAL ITEM

Council Member Carpenter moved to suspend the reading of the Planning and Zoning Commission items and only consider those items that wish to be pulled and not read all the individual items; seconded by Council Member Hafner. Carried 13 votes affirmative.

APPROVE FINAL PLAT OF SHAW RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Tom Lander on behalf of the Lander Limited Partnership for final approval (fast track) of Shaw Resubdivision to the city of Grand Forks, ND, being a Replat of all of Lots 12 through15, and the west 10 feet of Lots 8 through 11, Block 33, all of Lots A through M (excluding Lot 1) and the west 10 feet of Lots 11, Block 33, all of Lots A through M, excluding Lot I, and the west 10 feet of Lots 1 through 12, Holes Central Addition and vacated 6th Avenue South right of way adjacent thereto, and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 1 AND
2, BLOCK 3, MAIER’S FOURTH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Urban Development Office on behalf of the Job Development Authority for final approval (fast track) of a Replat of Lots 1 and 2, Block 3, Maier’s Fourth Resubdivision to the city of Grand Forks, North Dakota (located between 15th and 17th Avenue South and between South 48th and 52nd Streets), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF PORTION OF
UTILITY EASEMENT IN BLOCK 1, KORTYNTA-LEMM
3RD RESUBDIVISION AND SET PUBLIC HEARING FOR
DECEMBER 7, 1998

The Planning and Zoning Commission reported having considered the matter of the petition from Don W. Lee on behalf of Gateway Storage, L.L.P, for approval to vacate the northerly 16 feet of a 33 foot wide utility easement lying north of and adjacent to the south line of Lots 3, 4 and 5 (also being the north line of Gateway Drive), Block 1, Kortynta-Lemm 3rd Resubdivision to the city of Grand Forks, North Dakota (located at 5118 Gateway Drive), and recommended approval of a resolution to vacate the northerly 16 feet of a 33 foot wide utility easement lying north of and adjacent to the south line of Lots 3, 4 and 5 (also the north line of Gateway Drive), Block 1, Korynta-Lemm 3rd Resubdivision to the city of Grand Forks, North Dakota and to set the date of the public hearing for December 7, 1998.

It was moved by Council Member Hafner and seconded by Council Member Polovitz 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, and that a notice of public hearing be published as required. Carried 13 votes affirmative.

ACCEPT PETITION FOR VACATION OF SOUTH 17TH
STREET AS PLATTED IN THE PLAT OF ULLAND
PARK FIRST ADDITION, EXCLUDING ANY PORTION
OF INTERSECTING 47TH AVENUE SOUTH R/W, AND
SET PUBLIC HEARING FOR DECEMBER 7, 1998

The Planning and Zoning Commission reported having considered the matter of the petition from the Grand Forks Park District for approval to vacate all of South 17th Street as platted in the plat of Ulland Park First Addition, Grand Forks, North Dakota, excluding any portion of the intersecting 47th Avenue South right of way, and recommended approval of a resolution to vacate all of South 17th Street and a 10-foot wide utility easement lying west of and adjoining thereto excluding any portion of the intersecting 47th Avenue South right of way as platted on the plat of Ulland Park First Addition, Grand Forks, North Dakota, and to set the date of the public hearing for December 7, 1998.

It was moved by Council Member Hafner and seconded by Council Member Polovitz 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, and that a notice of public hearing be published as required. Carried 13 votes affirmative.

INTRODUCE ORDINANCE AMENDING, LAND
DEVELOPMENT CODE, RULES AND DEFINITIONS,
B-1 (LIMITED BUSINESS) DISTRICT, B-2 (SHOPPING
CENTER) DISTRICT TO ALLOW MIXED-USE DEVELOP-
MENT

The Planning and Zoning Commission reported having considered the matter of the request from the City Planning Office for preliminary approval of an ordinance to amend the Land Development Code, Rules and Definitions Section 18-0204(2); B-1 (Limited Business) District Section 18-0214(2)(A) and (11)(B); B-2 (Shopping Center) District Section 18-0215(2)(WWW) and (11)(D) to allow mixed-use development, and recommended preliminary approval of the ordinance amending the Land Development Code; to introduce the ordinance and to set the date of the public hearing for November 16, 1998.

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

Council Member Polovitz introduced an ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions, Section 18-0214, B-1 (Limited Business) District, subsection (2) Uses Permitted, and Section 18-0215, B-2 (Shopping Center) District, subsection (2) Uses Permitted”, which was presented, read and passed on its first reading.




INTRODUCE ORDINANCE TO AMEND LAND
DEVELOPMENT CODE RULES AND REGULATIONS
FOR A-1 (LIMITED DEVELOPMENT) DISTRICT AND
A-2 (AGRICULTURAL RESERVE) DISTRICT TO
ALLOW MANUFACTURED HOMES UNDER SPECIAL
CONDITIONS

The Planning and Zoning Commission reported having considered the matter of the request from Jerrod Burris for preliminary approval of an ordinance to amend the Land Development Code Rules and Definitions Section 18-0204(2); A-1 (Limited Development) District Section 18-0206(2)(A) an the A-2 (Agricultural Reserve) District Section 18-0207(11)(B) to allow manufactured homes under special conditions, and recommended preliminary approval of the ordinance amending the Land Development Code; to introduce the ordinance and to set the date of the public hearing for November 16, 1998.

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

Council Member Polovitz introduced an ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0204, Rules and Definitions, subsection (2), Definitions, Section 18-0206, A-1 (Limited Development) District, subsection (2)(A), and Section 18-0207, A-2 (Agricultural Reserve) District”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF REPLAT OF LOTS 4, 13,
14, 15 AND 16, BLOCK 2, RIVERS EDGE RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of a request from CPS, Ltd. on behalf of Rivers Edge, L.L.P. for preliminary approval of a Replat of Lots 4, 13, 14, 15, and 16, Block 2, Rivers Edge Addition, Grand Forks, North Dakota (located east of Belmont road and south of 49th Avenue South), 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 November 16, 1998.

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

Council Member Polovitz 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 4, 13, 14, 15, and 16, Block 2, Rivers Edge Resubdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND LAND
DEVELOPMENT CODE, ZONING, RELATING TO MOBILE
HOME SALES IN I-1 (LIGHT INDUSTRIAL) DISTRICTS

The Planning and Zoning Commission reported having considered the matter of the request from Laurie Thompson on behalf of Pepsi Cola Bottling Company for preliminary approval of an ordinance to amend the Land Development Code, B-3 (General Development) District, Section 18-0216(2)(S) and I-1 (Light Industrial) District Section 18-0218(2)(II) to permit mobile and manufactured home sales lots, including manufactured home sales offices subject to special conditions, and recommended preliminary approval of the ordinance amending the Land Development Code; to introduce the ordinance and to set the date of the public hearing for November 16, 1998.

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

Council Member Polovitz 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 2, Zoning, Section 18-0218(2) relating to mobile home sales in an I-2 (Light Industrial) District”, which was presented, read and passed on its first reading.

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 MOLSTAD’S ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of MLD Land Company for preliminary approval of a plat of Molstad’s Addition to the city of Grand Forks, ND, being a portion of the East Half of the Southeast Quarter of Section 31, Township 152 North, Range 50 West of the 5th Principal Meridian (located north of 16th Avenue North and east of I-29), including permission to begin construction for footings and foundation at their own risk, 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 November 16, 1998.

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

Council Member Polovitz 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 Molstad’s Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX MOLSTAD’S
ADDITION TO THE CITY OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the petition from MLD Land Company for approval of an ordinance to annex to the city of Grand Forks, ND all of Molstad’s Addition, and recommended approval of the ordinance to annex to the city of Grand Forks, North Dakota, all of Molstad’s Addition; to introduce the ordinance and to set the date of the public hearing for November 16, 1998.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Polovitz introduced an ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, Molstad’s Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ACCEPT PETITION FOR VACATION OF THE ALLEY
LYING IN BLOCK 3, HUBERT’S ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Todd Nedberg etal for approval to vacate all of the alley lying in Block 3, Hubert’s Addition to Grand Forks, ND (D.T.) subject to a utility easement for existing utilities until such time as they are relocated or abandoned, also request a waiver of the $75.00 application fee, and recommended approval of a resolution to vacate all of the alley right of way as platted in Block 3, Hubert’s Addition to Grand Forks, North Dakota (D.T.) subject to a utility easement for existing utilities until such time as they are relocated or abandoned and to set the date of the public hearing for December 7, 1998.

It was moved by Council Member Hafner and seconded by Council Member Polovitz 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, and that a notice of public hearing be published as required. Carried 13 votes affirmative.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF D.R.O. ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Kindness Animal Hospital for preliminary approval of the plat of DRO Addition to the city of Grand Forks, North Dakota, being a portion of the Southeast Quarter of the Southeast Quarter of Section 18, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the northwest corner of I-29 and 32nd Avenue South), 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 November 16, 1998.

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

Council Member Polovitz 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 D.R.O. Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX D.R.O. ADDITION
TO THE CITY OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the petition from Rick Odegard on behalf of the Kindness Animal Hospital for approval of an ordinance to annex to the city of Grand Forks, North Dakota, all of DRO Addition with an effective date of January 1, 2004, and permission to connect to city water on or after October 20, 1998, and recommended approval of the ordinance to annex to the city of Grand Forks, North Dakota, all of D.R.O. Addition; to introduce the ordinance and to set the date of the public hearing for November 16, 1998.

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

Council Member Polovitz introduced an ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, D.R.O. Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

AUTHORIZE CONTINUING PLANNING AND ZONING
WITH ONE MEETING PER MONTH

The Planning and Zoning Commission reported having considered the matter of the referral from Council Member Babinchak for consideration of Planning and Zoning Commission holding two meetings per month, especially during the months of February to August, and recommended continuing with one meeting a month.

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

DIRECT NO CHANGE IN ORDINANCE PROHIBITING
BUILDING ON SMALL LOTS

The Planning and Zoning Commission reported having considered the matter of referral from city council regarding city ordinance prohibiting building on small lots, and recommended no change to existing code at this time, will continue to monitor this issue.

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

APPROVE BID FOR RESIDENTIAL DEMOLITION

The Flood Response Committee reported having considered the matter of Mortenson update, residential demolition bid package #11, and recommended to accept and approve the low bid by
Landwehr Construction in the amount of $193,931 for demolition of 70 homes including 19 rehabilitation properties.

It was moved by Council Member Bakken and seconded by Council Member Carpenter 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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

The Flood Response Committee reported having considered the matter of budget amendment and recommended to approve the budget amendment in the amount of $87,700 from cash carryover.

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

APPROVE FUNDING FOR GEOTECHNICAL
EXPLORATION PROGRAM

The Flood Response Committee reported having considered the matter of geotechnical exploration program funding, and recommended to approve $20,000 for additional testing the Corps of Engineers will not cover (the Reeves and Northridge Hills areas).

It was moved by Council Member Bakken and seconded by Council Member Carpenter 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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR GRADE RAISE, SOD, ETC.
AT POLICE BUILDING

The Flood Response Committee reported having considered the matter of fill around the Police Building, and recommended to accept and approve the low bid from G.W. Sondreal Construction, Inc. in the amount of $21,743.00, including grade raise, to sod the grade raise and wiring, generator and elevate equipment.

It was moved by Council Member Bakken and seconded by Council Member Carpenter 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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION FOR CITY OF GRAND FORKS
HOUSING FACILITY REVENUE BONDS (GRAND
FORKS HOMES, INC. PROJECT), SERIES 1997

The Flood Response Committee reported having considered the matter of resolution for City of Grand Forks Housing Facility Revenue Bonds (Grand Forks Homes, Inc., Project), Series 1997, and recommended to approve the $3 million bond amendment subject to review by the city council and bond council.

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

Council Member Bakken introduced a resolution authorizing a first supplemental indenture supplementing a trust indenture dated as of December 1, 1997, pursuant to which $10,150,000 City of Grand Forks, North Dakota Housing Facilities Revenue Bonds (Grand Forks Homes, Inc.) Series 1997 were issued and an Amendment No.1 to lease agreement amending a lease agreement, dated as of December 1, 1997 between the City of Grand Forks and Grand Forks Homes, Inc. and related matters: Document No. 7646 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Carpenter 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, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE APPOINTMENT TO HISTORIC COMMISSION

Mayor Owens announced the reappointment of Sandra Slater, Fred Schneider and Dr. Gordon Iseminger to the Historic Commission for two year terms, and asked for concurrence in these appointments. It was moved by Council Member Polovitz and seconded by Council Member Lunak that these appointments be and are hereby approved. Carried 11 votes affirmative, Council Members Hafner and Bakken voted against the motion .

APPROVE APPOINTMENT TO PLANNING AND
ZONING COMMISSION

Mayor Owens announced the appointment of Marijo Deitz Whitcomb to the Planning and Zoning Commission for a five-year term and asked for concurrence in this appointment. It was moved by Council Member Hafner and seconded by Council Member Polovitz that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPOINTMENTS TO PLUMBING BOARD

Mayor Owens announced the appointments to the Plumbing Board as follows: Ron Effhauser, Kevin Bosch and Steve Monroe for two-year terms, and asked for concurrence in these appointments. It was moved by Council Member Klave and seconded by Council Member Lunak that these appointments be approved. Carried 13 votes affirmative.

APPROVE APPOINTMENTS TO ELECTRICAL BOARD

Mayor Owens announced the appointments of Robert Peterson, Mark Sertich, Leon Comeau and Darryl Beauchamp to the Electrical Board for two year terms, and asked for concurrence in these appointments. It was moved by Council Member Klave and seconded by Council Member Lunak that these appointments be approved. Carried 13 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor read the following estimate summaries for various projects: Monthly Estimate Summary in the amount of $226,579.95.

It was moved by Council Member Polovitz and seconded by Council Member Polovitz that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Carpenter reminded council members of the Know Your City Day on November 15, that there’s been discussion of having a booth for city council and talk about structure, committees, etc. and have council members present during the five hours that this is going to take place, and to proceed with staff putting together some of the displays, etc.
2) Council Member Glassheim presented the matter of a two or three month study of affordable housing, that there was a committee that studied affordable housing earlier and intention not to hold gigantic public hearings but rather to invite people from the private sector, as well as staff people, gather information and to bring recommendations back to council, if any. The matter was referred to the Urban Development Committee.

TABLE MATTER OF SPECIAL ASSESSMENTS ON
SOUTHEND DRAINWAY, PROJECT NO. 4440, UNTIL
SPECIAL MEETING TABLED PRIOR TO NOVEMBER 1

Mr. Swanson, city attorney, stated there was not a proper motion by the council with respect to the Southend Drainway special assessment; that they voted on all of the other projects except that one, and it was his understanding that the intent of the council is to delay action on that until a special meeting is called, and in order that you procedurally have a record of that, there should be a motion passed in which you table that matter to a special meeting to be called by the mayor prior to November 1, 1998. It was so moved by Council Member Martinson and seconded by Council Member Babinchak. Carried 13 votes affirmative.

APPROVE CHANGE ORDER FOR CITY CENTER MALL
BUILDING

Committee No. 4, Urban Development, reported having considered the change order to the City Center Mall project, and recommended to install fire sprinkler drain pipe in each remaining City Center Mall building for drainage out to the street, up to $3,175.00 as a change order to Molstad Excavating.

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

APPROVE CHANGE ORDERS FOR SOUTH THIRD
STREET RECONSTRUCTION

Committee No. 4, Urban Development, reported having considered the matter of change order for South Third Street reconstruction, and recommended to approve change orders to Opp Construction contract in the amount to $600.00 to put in drain tile pipe in two catch basins on South 3rd Street.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL
3) Council Member Klave reported that they’ve been discussing purchasing land for the new landfill, and to bring to staff’s attention to make sure they bring to County Planning & Zoning because that parcel of land needs to be zoned properly.

ADJOURN

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


Respectfully submitted,



John M. Schmisek
City Auditor

Approved:


___________________________________
Patricia A. Owens, Mayor