City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 16, 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, November 16, 1998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

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

APPROVE MINUTES NOVEMBER 2, 1998

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, November 2, 1998 were presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that these minutes be approved as read. Carried 14 votes affirmative.

SUSPEND AGENDA TO CONSIDER ITEM RELATIVE
TO 47TH AVENUE SOUTH CORRIDOR

It was moved by Council Member Beyer and seconded by Council Member Klave to suspend the agenda to go to new business to receive a petition for 47th Avenue South corridor. Carried 14 votes affirmative.

It was noted that there were several people in the audience who have a petition regarding the 47th Avenue South corridor.

Tom Zimney, 4703 Chestnut, and Dick Ohlson, 4676 Wheatland Circle, presented petitions signed by approx. 250 people from areas around 47th Avenue South, and stated that they would like to dispel the rumor that 47`h Avenue South has no neighborhood, that they have a very diversified neighborhood that Grand Forks should want to keep and protect and that they want to protect their neighborhood. He stated that the arguments that were made relative to 17th and 32nd which this council adopted as valid, all apply to 47th; that there are safety issues that they are concerned about in those issues and there are other safety instances they are concerned about: Optimist Park and Ulland Park, the annexation of the new Christian School, that there is a new middle school that is being constructed on 47th Avenue South, and that there's potential for another elementary school across the street from the middle school and are all safety issues. They stated it is their position that there will be an agricultural bridge which MPO has discussed and if in Merrifield, which is a two mile drive, there will be a significant number of agricultural traffic, etc. that would travel by their property, which would have a significant devaluation of property. They stated that the bridge would seriously and permanently disrupt the lives of people who live there and would seriously impact the assessed value of the property, and urged council not consider placing a bridge on that street.

ADOPT ORDINANCE NO. 3747 TO AMEND ZONING
REGULATIONS ALLOWING MIXED-USED DEVELOP-
MENT IN B-1 AND B-2 ZONING DISTRICTS

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 had been introduced and passed on its first reading on October 19, 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 deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her 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 deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the City Planning Office for final approval of an ordinance to amend the Land Development Code, Rules and Definitions Section 18-0204(2); B-1 (Limited Business) District Sections 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 final approval and passage of the ordinance amending the Land Development Code. The motion had been moved and seconded by Council Members Hafner and Polovitz.

Dennis Potter, city planner, reported this would allow for mixed use development in B-1 and B-2 zones that would include residential in the development as part of an integrated commercial/residential development.

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

RECEIVE AND FILE PETITIONS RELATING TO
47TH AVENUE SOUTH CORRIDOR

Mayor Owens again presented the matter of the petitions to council for their consideration.

Council Member Beyer stated that as chair of the MPO, that the plan they are currently working under has designated 47th Avenue South as a corridor and there is right of way purchased.

Council Member Lunak asked what they could do to get 47th Avenue South out of the plan. Council Member Beyer stated they do not have a plan right now but working off the 1991 plan until the new plan is adopted, that MPO cannot vote on it until get recommendation from the East Grand Forks and it is still on the table. She stated that MPO receives recommendation from this city council and from East Grand Forks city council and then have their plan which is approved, and that MPO plan does not have to have concurrence by both sides of the river, the MPO has to have the plan.

Council Member Klave moved to recommend to the MPO that no river crossing be installed at 47th Avenue South; the motion was seconded by Council Member Martinson.

Council Member Carpenter stated he was under impression that they suspended the agenda to allow a petition to be presented, not for discussion and a motion to occur, that this council is on record supporting a 47th Avenue bridge and doesn't know if that motion is even in order because it's been long since they already approved this; that they have to step back and look at the purpose of a bridge and may need a bridge closer than Merrifield Road which only addresses basically agricultural issues; and shouldn't be discussing it today.

It was then moved by Council Member Klave to change his motion to receive and file the petitions, the motion was seconded by Council Member Glassheim. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3748, AMENDING ZONING
REGULATIONS TO ALLOW MANUFACTURED HOMES
UNDER SPECIAL CONDITIONS IN A-1 AND A-2 DISTRICTS

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 had been introduced and passed on its first reading on October 19, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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 deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Jerrod Burris for final 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) and the A-2 (Agricultural Reserve) District Section 18-0207(ll)(B) to allow manufactured homes under special conditions, and recommended final approval and passage of the ordinance amending the Land Development Code. The report had been moved and seconded by Council Members Hafner and Polovitz.

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

ADOPT ORDINANCE NO. 3749, AMENDING ZONING
REGULATIONS RELATAING TO MOBILE HOME
SALES IN I-1 (LIGHT INDUSTRIAL) DISTRICTS

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-1 (Light Industrial) District", which had been introduced and passed on its first reading on October 19, 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 deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her 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 deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Laurie Thompson on behalf of Pepsi Cola Bottling Company for final 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)(11) to permit mobile and manufactured home sales lots including manufactured home sales offices subject to special conditions, and recommended final approval and passage of the ordinance amending the Land Development Code. The report had been moved and seconded by Council Members Hafner and Polovitz.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3750 TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE REPLAT OF LOTS 4, 13, 14, 15 AND 16, BLOCK
2, RIVERS EDGE RESUBDIVISION

An ordinance entitled "An ordinance to amend he 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 had been introduced and passed on its first reading on October 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her 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 deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Rivers Edge, L.L.P. for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The report had been moved and seconded by Council Members Hafner and Polovitz.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3751, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF MOLSTAD' S 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 Molstad's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 19, 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 deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her 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 deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of MLD Land Company for final 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 I29), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The report had been moved and seconded by Council Members Hafner and Polovitz.

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

ADOPT ORDINANCE NO. 3752, ANNEXING MOLSTAD'S
ADDITION TO THE CITY OF GRAND FORKS

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 had been introduced and passed on its first reading on October 19, 1998, was presented and read for consideration on second reading and final passage.

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

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

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON PLAT OF D.R.O. ADDITION TO DECEMBER 7, 1998

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 had been introduced and passed on its first reading on October 19, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her 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 deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of Kindness Animal Hospital for final 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 tabling and continuing the public hearing on the ordinance amending the Street and Highway Plan until December 7, 1998.

It was moved and seconded by Council Member Hafner and seconded by Council Member Polovitz. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3753, ANNEXING D.R.O.
ADDITION TO THE CITY OF GRAND FORKS

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 had been introduced and passed on its first reading on October 19, 1998, was presented and read for consideration on second reading and final passage.

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

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

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

HOLD PUBLIC HEARING ON CDBG ANNUAL
ACTION PLAN FOR 1999

The deputy city auditor presented and read the matter of the CDBG Annual Action Plan for 1999, upon which public hearing had been scheduled for this evening.

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

Committee No. 4, Urban Development, reported having considered the matter of annual action plan (open public hearing and approve action plan), and recommended to approve the annual action plan as follows: Annual Action Plan for the City of Grand Forks for fiscal year 1999 and FY 1999 CDBG funding proposals: 1. Renovation of multi-family housing: $357,000; 2. Special assessments for paving gravel road, $57,000; 3. GF Affordable Housing Program, $70,000; 4. Unprogrammed funds/Public Service, $125,000 (est.) and 6. Administration, $150,000.

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

It was moved by Council Member Martinson to table this matter to the next council meeting, December 7, 1998. The motion was seconded by Council Member Lunak. Upon call for the question and upon voice vote, the motion was defeated.

John O'Leary reported that the income is coming from two sources, old loans and payback of some of the loans through the supplemental appropriation, but the program income from the supplemental appropriation falls under the new regulations and has to be 70% low moderate income benefit. He reported that the plan is a strategy on how to spend the dollars and if at some future point decide to amend that strategy, have the authority to do that. Mr. O'Leary reported that HUD has asked them in the last several years to do an action plan which addresses not only how you would spend CDBG money, but it entails other kinds of HUD assistance as well as a city-wide strategy for a variety of purposes, economic development, community development, housing and asks the City to address a strategy on how going to address those issues and deals not only with CDBG funds but lays out a road map of how to propose, acquire and use other kinds of HUD assistance as well as EDA and other sources of funds. He stated it's relatively new compared to what have been asked to do in the past process but same process has gone through in the last 3 to 4 years. Council Member Glassheim stated that the plan, except for the $500,000 of budgeted items which were listed, is a description of what's already been approved by council but not any new programs. Mr. O'Leary stated that one of the items in the action plan outlines what will happen to the Growth Fund, and this is a line item that has been approved year after year on budgeting some funds to assist in the attraction of new business and industry to Grand Forks; that HUD wants them to grow and one of the eligible expenditures is economic development, and they've chosen to use the Growth Fund for that because of the HUD regulations that normally go with CDBG money, and there's virtually everything in there that has been addressed by this body either through the Growth Fund or other actions that the council has taken on an annual basis; and not anything new that council hasn't already acted on.

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

HOLD PUBLIC HEARING ON PROPOSAL FROM
4000 VALLEY SQUARE TO USE MIDA BOND FINANCING
FOR PORTION OF ACQUISITON AND INSTALLATION
OF PERSONAL PROPERTY AT 4000 24TH AVENUE SOUTH

The deputy city auditor reported that the city council had called for a public hearing to be held this evening for the purpose of conducting a public hearing on the proposal that the City issue its revenue bonds or other obligations in one or more series under the ND MIDA of 1995; that the proceeds of the revenue bonds, if issued, would be used to make a loan to 4000 Valley Square to pay part of the costs incurred and to be incurred in the acquisition and installation of personal property to be located at the existing health care facilities at 4000 24th Avenue South, with the maximum amount of bonds proposed to be issued to finance the project is $500,000; and further that no comments had been submitted to her office.

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

Council Member Martinson introduced the following resolution, which was presented and read: Document No. 7649 - Resolution (authorizing execution and delivery of master financing agreement and Schedule No. 1 and execution and delivery of various documents relating thereto).

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

HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 1010 SOUTH 16TH STREET
The deputy city auditor reported that the notice of public hearing on the application by John Payne to move a building (garage) from 1424 Chestnut Street to 1010 South 16th Street 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 application for moving permit from John Payne to move building (garage) from 1424 Chestnut Street to 1010 South 16th Street, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved, and further that Mr. Payne be and is hereby authorized to move the building subject to meeting conditions established. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The deputy city auditor presented and read the investment report dated October 31, 1998 and statement of changes in cash balance as of October 31, 1998. It was moved by Council Member Babinchak and seconded by Council Member Bakken that these reports be and are hereby received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, October 29, 1998, that notice had been published as required and that the following appeals were heard: 1) Casey Noreen, 1008 University Avenue, request for variance to the 20 ft. in front of the overhead door requirement to construct a detached garage, with variance approved to allow five ft. of setback in front of the overhead door in order to move in a detached garage; and 2) Monty Lund and Chris Hager, 3013 27th Avenue North, request for variance to the off-street parking and loading requirements to delay paving in order to construct a new commercial building, with variance approved to delay in the paving requirements for the driveway and parking area for five years beyond the date of paving 27th Avenue North in order to construct a new commercial building.

It was moved by Council Member Lunak and seconded by Council Member Beyer to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-20, dated November 16, 1998, and totaling $6,282,799.53, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

APPROVE APPLICATION FOR ABATEMENT OF 1996
AND 1997 TAXES AT 1023 23RD AVENUE SOUTH

Committee No. 1, Finance, reported having considered the application of 1996 and 1997 taxes by Clifford Dale Romuld,1023 23rd Avenue South (Lot 6, Block 11, Cox's Addition), correction because of inaccurate square footage, and recommended that the application be approved as submitted, with adjustment in market value for 1996 of $12,000 and $13,400 for 1997.

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

REFER MATTER OF ADDITIONAL COMPENSATION
FOR CIVIL SERVICE COMMISSION MEMBERS BACK
TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of additional compensation for Civil Service Commission members, and recommended Proposal B be approved and that we implement an amendment to the City Code as follows: that each member of the Civil Service Commission shall be compensated according to the schedule below for each meeting attended plus actual expenses, but the per diem shall not exceed $1,500 per year: a) any meeting that is four hours or less, $40, and b) any meeting that exceeds four hours, $80.

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

Council Member Babinchak reported they had a listing of committees and boards in their packets that
outlined payment or non-payment to those committees, and it was her suggestion at committee that before approving an increase in Civil Service that they consider all the committees at one time.

Council Member Hafner stated there are a lot of committees without any compensation and spend as much time and effort and suggested they look at every committee to see if compensation is due all of them or none of them, and moved a substitute motion to study all committees. Council Member Brooks seconded the motion.

Council Members Babinchak and Hafner asked that this matter go back to committee for further consideration.

AUTHORIZE CONTINUING DISCLOSURE AND/OR
ARBITRAGE REBATE REQUIREMENTS FOR
REFUNDING IMPROVEMENT BONDS, SERIES 1998A

Committee No. 1, Finance, reported having considered the matter of continuing disclosure and/or arbitrage rebate requirements to $5,185,000 Refunding Improvement Bonds, Series 1998A, and recommended we authorize proper City officials to sign the agreement.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE SIGNING OF PETITION FOR REPLACEMENT OF ALLEY PAVING BETWEEN NORTH 3RD AND 4TH STREETS AND BETWEEN 1ST AND 2N° AVENUES NORTH

Committee No. 1, Finance, reported having considered the matter of petition for replacement of alley paving between North 3rd and 4th Streets and between 1st and 2nd Avenues North, and recommended that we authorize appropriate City officials to sign the petition for the replacement of paving of the alley.

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

ACCEPT BID FOR WEAPONS FOR POLICE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for pistols for police department, and recommended to accept the low bid of Streicher's for 90 weapons at $34,290.00.

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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR AIRPACKETS FOR FIRE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for airpacks for the fire department, and recommended to authorize the Grand Forks Fire Department to consummate the bid from Clarey's Safety Equipment, Inc. in the amount of $71,668.19 plus options in the amount of $9,850.83, for a total bid of $81,519.02, using $46,411.00 from the fire department capital outlay budget and approve the budget amendment for $35,108.02 from cash carryover.

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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

An amendment to the police department budget in the amount of $2,000.00 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

An amendment to the police department budget in the amount of $11,568.48 was presented and read. It
was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

An amendment to the Wellness Program budget in the amount of $9,810.00 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

APPROVE APPLICATION FOR CLASS 4 LIQUOR LICENSE BY JOE DiMAGGIO'S SPORTS CAFE

Committee No. 2, Public Safety, reported having considered the application for Class 4 (Food and Beverage Establishment) alcoholic beverage license by Joe DiMaggio's Sports Cafe, Inc., 118 North 3rd Street, and recommended to accept application for license for Joe DiMaggio's contingent upon approval by the various departments (inspections, fire, health, police and city attorney).

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

APPROVE AMENDMENT TO LEASE AGREEMENT WITH WIRELESS ALLIANCE, LLC

Committee No. 3, Public Service, reported having considered the request from Wireless Alliance, LLC, for first amendment to lease agreement dated September 22, 1998 to revise paragraph 5, Utilities, by removing the City's responsibility to provide electricity at Viking water tower in Cox's Addition, and recommended to approve amendment to the agreement and reimburse Wireless Alliance, LLC $600.00 for power service.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR PUBLIC WORKS FACILITY IMPROVEMENTS AND RELOCATION, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of architectural agreement for public works facility improvements and relocation, City Project No. 4822, and recommended to approve agreement with Johnson Laffen, Architects, in an amount not to exceed $80,000 with additional services in the amount of approx. $5,000.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 4 TO ENGINEERING AGREEMENT FOR PROJECT NO. 4860, RESTORE STORM SEWER IN AREA 2

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 4, construction administration, to engineering services agreement for Project 4860, restore storm sewer in Area 2, CDBG, and recommended to approve Amendment No. 4 (Project No. 4719) to the agreement with Webster, Foster & Weston in the amount of $161,440.00, project CDBG eligible.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE THREE-WAY AGREEMENT FOR PRIVATE INSTALLATION OF UTILITIES, PROJECTS NOS. 4915 AND 4916

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Projects 4915 and 4916, sanitary sewer and watermain on North 48th Street from Gateway Drive to 17`h Avenue North, and recommended to enter into the three-way agreement with Strata Corporation and CPS, Ltd.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS 4915 AND 4916, UTILITIES ON NORTH 48TH STREET

Committee No. 3, Public Service, reported having considered the plans and specifications for Projects 4915 and 4916, sanitary sewer and watermain on North 48th Street from Gateway to 17th Avenue North, and recommended to approve plans and specifications.

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

ACCEPT BID FOR CONSTRUCTION OF STORM SEWER PROJECT NO. 4868

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4868, storm sewer on Washington Street from 62"d Avenue South to Southend Drainway (CDBG), and recommended to accept the low bid of Molstad Excavating, Inc. for Option 2 in the amount of $512,520.00, with CDBG funding.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR CONSTRUCTION OF STORM SEWER PROJECT NO. 4848, PUMP STATION 39

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4848, Pump Station 39, (CDBG), and recommended to accept he bids under Schedule B as follows: Construction Engineers, Ltd. $524,937.00 for general construction; McFarlane Sheet Metal, $17,956.00 for mechanical; and Hanson Electric of Bemidji, Inc. $141,200.00 and authorize CDBG funding.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR WATER METERS

Committee No. 3, Public Service, reported having considered the matter of bids for water meters, and recommended that the Badger/ITRON radio system be awarded for a base bid amount of $2,583,946.35 and award be contingent upon a successful demonstration of a 200-unit test site.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4591,
PUMP STATION NO. 29

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4591, Pump Station No. 29, Innes, general contractor, C.O. #2, and recommended to approve change order in the amount of $3,601.21.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4684,
PUMP STATION NO. 33

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4684, Pump Station No. 33, Duckstad, forcemain contractor, C.O. #1, in the amount of $13,582.00, and recommended to approve change order increase to Duckstad in the amount of $13,582.00.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved.

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Member Beyer and seconded by Council Member Klave to excuse Council Member Babinchak from voting on this matter. Carried 13 votes affirmative.

Upon call for the question of adoption of this motion and upon roll call the following voted "aye'": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 13; voting "nay": none; and Council Member Babinchak excused from voting on this matter. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4768,
LIFT STATION 84

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4768, Lift Station 84, Wanzek Construction, and recommended to approve the change order to trade costs for a contract time extension change order, and to extend the completion date from December 31, 1998 to March 1, 1999 for an operating station and to June 15, 1999 for all site restoration work to be completed.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4654.501, VIDEO SEWER LINES

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4654.501, video sewer lines, Viking Pipe Services Co., Inc., contractor, and recommended to approve change order in the amount o $302,475.00 and extend completion time to January 15, 1999.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEER'S REPORTS, VARIOUS PROJECTS, CDBG PROJECTS

Committee No. 3, Public Service, reported having considered the matter of CDBG engineer's reports as follows: a) Project No. 4654.350 and 4654.351, brick storm seer, $1,400,000; b) Project No. 4861, sanitary sewer repair, Area 1, $7,160,000; c) Project No. 4862, storm sewer repair, Area 2, $2,830,000; d) Project No. 4719, sanitary sewer repair, Area 2, $4,021,000; e) Project No. 4860, storm sewer repair, Area 2, $3,100,000; f) Project No. 4863, sanitary sewer repair, Area 3, $8,390,000; g) Project No. 4864, storm sewer repair, Area 3, $3,080,000; h) Project No. 4865, sanitary sewer repair, Area 4, $1,870,000; and I) project 4866, storm sewer repair, Area 4, $7,178,000; and recommended to approve the engineer's reports.

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

APPROVE REQUEST FOR QUALIFICATIONS FOR GEOTECHNICAL ENGINEERING CONSULTING SERVICE FOR NEW RAW WATER INTAKE AND TRANSMISSION LINES

Committee No. 3, Public Service, reported having considered the matter of request for qualifications for geotechnical engineering consulting services for new raw water intake and transmission lines, and recommended to approve request for qualifications from geotechnical consulting engineering first to provide geotechnical engineering services with regards to construction of a new raw water intake and associated raw water transmission lines.

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

RECEIVE BIDS FOR ELECTRICAL PACKAGE FOR
BUILDINGS REMAINING DOWNTOWN

Committee No. 4, Urban Development, reported having considered the matter of bids received for electrical package for buildings remaining downtown (installation of electrical service panels so that sprinkler systems are operable), and recommended to accept the bid of Ron's Electric, Inc., in the amount of $107,750.00.

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

TABLE MATTER OF COUNTY PARKING RAMP UNTIL
ACTED ON BY FINANCE COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of County parking ramp, and recommended to concur with the resolution from the Parking Authority Board to hire Schoen & Associates, architectural firm, and to allow for up to $60,000 for detailed design and drawings, cost estimates for the County parking ramp, to be paid from the $2 million allocation in the matrix.

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

Council Member Babinchak reported that the finance committee had delayed the decision on the ramp and whether this was premature to spend monies for design when not sure how financing is going to happen yet. Mr. Swanson reported that with respect to this issue the minutes are unclear as to who is retaining the architectural firm, whether Parking Authority, City or County, and needs to be clarified further. Council Member Beyer stated that the funding would be allocated to the Parking Authority who would actually do the hiring, and moved to make it contingent upon financing the ramp. Council Member Babinchak reported they were given cost estimates at finance committee tonight on what a three-ramp would cost, piling for three-ramp and a four ramp, and didn't come to a conclusion on how were going to finance it because costs had increased.

Mr. O’Leary stated that the $60,000 was to help with the expenses of the initial design and to have cost estimates on how much the ramp would cost and how much each of those three alternatives would cost; and that the County as well as the Parking Authority had asked Schoen & Kobetsky and Mortenson's to value engineer it so they can try to get the costs down and make it affordable. Mr. O'Leary reported that there are two issues involved, one is to retain the services of an architect so know what the costs are going to be, and the other is in the finance committee because they have been asked to determine whether or not it's affordable, and both should have been in one committee.

It was then moved by Council Member Hamerlik and seconded by Council Member Brooks that we table this until they act on the motion coming from finance committee, having to do with the same matter. Carried 14 votes affirmative.

APPROVE REQUEST FOR EXTENSION TO RELOCATION
VOUCHER

Committee No. 4, Urban Development, reported having considered the matter of citizen request for extension to relocation voucher, and recommended that we establish policy that residents in all phases have to submit letter to the City requesting a purchase by December 31, 1998, that in order to qualify applicant must have closed with the City on the buyout of their home by March 15, 1999, and would have to redeem their voucher by April 30, 1999.

The Flood Response Committee reported having considered the matter of voluntary buyout deadlines, and recommended 1) close the Phase IV program to additional applicants as of December 31, 1998 as recommended by the Urban Development Committee; 2) require all residents who have received buyout offers before November 17, 1998 to have a signed purchase agreement with the city no later than Februaryl5, 1999 or the offer will be withdrawn; 3) required working of purchase offer sent out by the City Attorney's Office after November 17, 1998 to include the following language: "You have 90 days from the date of this letter to sign a purchase agreement with the City or the offer will be withdrawn."

Committee No. 4, Urban Development, reported having considered the matter of citizen requests for extension to relocation voucher, and recommended approval of the requests: a) Ray Engen to February 24, 1999; b) Kevin and Paula-Dee Kallinen to January 30, 1999; c) Clair and Gary Karlstad to February 1, 1999; d) John T. and Carolyn F. McCormack to April 1, 1999, and e) Dan Kratochvil to April 30, 1999.

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

Council Member Beyer reported that they had conflict on Phase IV and that she had received several phone calls from people on the wet side of the dike and that a lot of people in Phase IV were just mailed offers in late October, and some have stated they have been looking and asked if there was going to be an interim program if Phase IV ends before actual relocation and property acquisition takes place because sees about a two-year lag in there and whether should be considered by a committee again. Council Member Hafner stated he has the same concerns that ending this phase could put some people in no man's land and suggested that some committee come up with a phase that will fit those needs, some issues with IV in that it's based on pre-flood value which is becoming harder and harder to ascertain.

Kevin Dean, Info Center, reported this was first discussed by the Urban Development Committee and what they had done along with setting some of the deadlines, is they had put a date certain on closing on the properties as part of being able to be eligible to be part of the voucher program; closing and setting that date is much more difficult than what might imagine, and they felt it would be wiser to set a date certain on signing a purchase agreement as had done in Phase I and Phase II, and the motion that was made was to delete reference to closing and instead make reference to signing of a purchase agreement. Mr. Swanson stated this has occurred without any interaction with his office and the problem with that is attempting to utilize the signing of a purchase agreement for the redemption of a voucher doesn't mean that the closing will ever occur, and he has a report from his office that they have in excess of 40 properties where they've had purchase agreements signed and the property owner for one reason or another is not prepared to close, and some of those have been in that situation for more than a year. He stated they need to identify what they are trying to accomplish, that if it's the extension of the voucher program to accommodate people that are needing additional time to purchase new property, they've already signed a purchase agreement in most cases; but if concern is the same as in their office as to how long these programs will remain open. He stated that IA needs to be addressed specifically, but difference in minutes of Urban Development and Flood Response was an attempt to take two separate issues and mold one solution, and not sure accomplishing anything that way. He stated if they were clearly dealing with the voucher, then establish a new deadline for the voucher program, and the voucher program does require the sale and the closing of the pre-flood property to the City and the purchase and closing of a new property; don't equate signing a purchase agreement with a closing, as they are two entirely distinct items.

Council Member Beyer suggested they split the question and close each phase separately. Mr. Swanson reported that their closing has already occurred at least as far as eligibility in Phase I, Phase II and Phase III, and what is open is Phase IA and that there are two portions to IA and that portion funded by CDBG and other portion funded by FEMA 404 funds; that the FEMA 404 funds need to be obligated, purchase agreements have to be signed by March, and you have no ability to extend that deadline whatsoever; and the balance of IA which is funded by CDBG their office had recommended that you treat 1 A alike so don't run into situation of trying to determine which fund they are coming out of and who gets advantage because they're funded out of CDBG or FEMA funds. He stated that Phase IV can do what you would like to do, the issue though that was raised that's becoming more apparent is how the council has determined the valuation for Phase IV properties as they go farther away from the day of the flood.

Council Member Martinson stated that a lot of the people that are in the buyout have not been able to find the home they are comfortable in price-wise, and need to work with them as long as can, and extend the programs. Council Member Beyer stated that they acknowledged that and that Phase IV is a different situation than what envisioned when they started it, and perhaps need to send to Flood Response and let them work out the details because Mr. Swanson brought up another matter about the FEMA 404 in Phase I that was March. Mr. Swanson stated that he had reported more than a month ago to Flood Response on IA and did it then to generate the discussion so that the council had sufficient time and public had adequate time to know, that Phase 1 A that are FEMA funded you have no opportunity to alter that date.

Council Member Glassheim stated they wanted to put clear and reasonable ending dates on I, II, III and IV, and wanted to end all applications by December 31, and you have to apply for any program that's still open by December 31, the second thing is that they wanted all vouchers to be spent by April 30, 1999 or they become void and then try to work back and give a reasonable time period between December 31 which is deadline for applying the programs and April 30 which would be the last date for using the $10 or $15,000 voucher, and intention by Urban Development was that by April 30 they would have closed with the City, received the voucher and closed on their new property.

Council Member Beyer stated they have been trying to get this deadline closed for the vouchers by April 30, but if somebody comes in and has a purchase agreement with a builder to construct a new house, would deal with case by case.

Council Member Carpenter asked what deadline was for expending the money for vouchers. Mr. O'Leary reported that they have to obligate the money by February, 2000 and expend the money by February, 2001; the issue is that they are going to need some time as well as engineering department and his office, etc. and down to about one and one-half seasons because by the time April comes, develop plans and specifications and did a project, will have a tough time expending a whole lot next summer because won't have time to comply with all the HUD regulations for bidding documents, etc.; can reprogram funds but that takes about 90 days.

Kevin Dean stated that we have three separate issues that need to be dealt with separately: 1) voucher system and whether deadline should be placed upon the voucher system; 2) question of whether or not to place a deadline on having a purchase agreement signed in two phases - 1-A and 111; and 3) Phase IV and what will happen to Phase IV whether it should continue on or be closed or something else be done for people who are still trying to sell their house voluntarily to the City.

Mr. Swanson reported that the eligibility for Phase III is closed, that if not registered by a certain date you no longer can be considered for Phase 111, that now Phase III has 11 open files, 4 are scheduled to be closing and looking at 7 in Phase III that have no purchase agreements, and doesn't have any problem setting a deadline for purchase agreements or holding those open because sees at least 2 of them are open on an appeal basis. He stated that on Phase I there are 14 files that remain open, some will never close even with purchase agreements because of title defects, etc.; that there are some they've been waiting to schedule for closing for several months but for one reason or another, the property owners don't want to close yet. He stated in Phase 11 they have 21 open files and number ready to be closed at any time. He stated that Phase I, Phase lI and Phase III the eligibility or qualification is closed but haven't imposed a purchase agreement deadline on Phase III or Phase IA. He stated these are different issues and can't address all in one motion and one decision.

Council Member Hafner stated they need to send this back to one of the committees and to Mr. Swanson and get recommendations, and asked that this matter go back to Flood Response Committee; Council Member Bakken agreed that it go back to that committee.

The matter of the question relating to the matter of citizen requests for extension to relocation voucher was called. Carried 14 votes affirmative.

APPROVE POSITION OF SPECIAL PROJECTS
COORDINATOR I N URBAN DEVELOPMENT OFFICE

Committee No. 4, Urban Development, reported having considered the request to add a position in Urban Development Office, special projects coordinator, and recommended to approve creating the job description for the special projects coordinator.

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

Council Member Babinchak stated this is a civil service position, classified and will be a permanent position if the recommendation is approved; that perhaps the position is needed but there are other departments that would like personnel also, grant writers, etc. and would be willing to use this as a temporary part-time position for a year to see how it turns out and justify itself, that it was in the works before the flood and have a greater need for it, but leery of putting another classified position in the budget, that it would not be City funds paying for this, but out of the CDBG administrative or where that person would be working from.

Mr. O'Leary reported that every position in the Urban Development Office, with the exception of his and part of Terry Hanson's salaries are charged back to the project they happen to be working on at the time; that each and every position is self-supporting, that they don't have a general administrative budget where you can charge people to generally write grant applications, has to come out of a line item budget and that depends on what project that individual is working on. He stated they have a need for somebody to be in the office to work heavily on the whole historical mitigation process, which is a specialized field but also have a need with that for somebody to do grant writing, do general administration and give Mr. Manske assistance. He stated that prior to the flood he had visited with Human Resources Department re. this kind of position, that there's a long term demand in the office and the position is self supporting. He reported this item came to the Urban Development Committee and that's because the positions from the Housing Authority and Community Development Program have been going to that Committee. Council Member Hamerlik that they developed a budget for 1999 based on no new positions and is concerned about that and perhaps others needed, and perhaps need to add as a temporary position because once go to Civil Service it's then positioned permanently. Mayor Owens stated that several department heads have requested positions, but new positions frozen, and suggested placing this position under contract and changing over at a later date if position pays for itself. Mr. O'Leary stated the position will be advertised with interview process.

Council Member Hafner stated that he is concerned with all temporary people they hired and not going to retain a majority of them and doesn't want to do that, but when discussed all the overtime they have, should be able to have positions available but that he hesitates on the permanency of it.

Council Member Carpenter stated that because a position is civil service doesn't mean it's permanent, don't have to fund the position each and every year, can defund a position at any time; that they may have rights to employment within another position but don’t have to fund the position.

Dan Gordon, Human Resources, stated they have done that with a few of the new police officers through the grants they received, went through civil service process. He stated that concerning new positions, is in support of most of them and will tell a department head when a new position doesn't make sense, that new positions are a cost benefit, look at cost and look at what that position will save in true dollars and also indirect cost; and urged support of the position.

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

INTRODUCE ORDINANCE TO AMEND ZONING
REGULATIONS RE. USES PERMITTED IN A-2 DISTRICTS

The Planning and Zoning Commission reported having considered the matter of the request from Richard Farroh on behalf of Dr. Gossard for discussion to permit small animal clinics in the A-2 (Agricultural Reserve) District and to allow them to be in a modified manufactured home structure, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for December 7, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 180207, A-2 (Agricultural Reserve) District, subsection (2), uses permitted", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF TJ' S THIRD ADITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Development, inc. for preliminary approval of a plat of TJ's Third Addition to the city of Grand Forks, North Dakota, being a part of the NW Quarter of the SW Quarter of Section 27, T151N, R5 OW of the 5th Principal Meridian (located north of 57 `h Avenue South between South 11th Street and South Washington Street {County Highway No. 811), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for December 7, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance to amend the Street and
Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of TJ's Third Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO ANNEX ALL OF
GRAND FORKS CHRISTIAN SCHOOL ADDIITION
(PREVIOUSLY A PART OF SOUTH PINES ADDITION)
LESS PORTIONS PREVIOUSLY ANNEXED TO THE CITY

The Planning and Zoning Commission reported having considered the matter of the petition from Grand Forks Christian School for approval of an ordinance to annex to the city of Grand Forks, North Dakota, all of Grand Forks Christian School Addition (previously a part of South Pines Addition) less portions previously annexed (located in the southwest corner of Cherry Street and 47th Avenue South), and recommended approval of the ordinance to annex, to introduce the ordinance 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 Babinchak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Grand Forks Christian School Addition (previously a part of South Pines Addition) less portions previously annexed to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY MAP TO INCLUDE GRAND FORKS CHRISTIAN
SCHOOL ADDITION TO THE CITY OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of preliminary approval of an ordinance to amend the Street and Highway Map to include Grand Forks Christian School Addition to the city of Grand Forks, ND (was previously approved as a part of South Pines Addition), and recommended preliminary approval of the ordinance amending the Street and Highway map, to introduce the ordinance 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 Babinchak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of the Grand Forks Christian School Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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

The Planning and Zoning Commission reported having considered the matter of request from Pribula Engineering and Surveying on behalf of Perkins Land Company and D.J. Parker, Inc. for preliminary approval of a plat of Perkins Fifth Addition to the city of Grand Forks, ND, being a part of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located west of South Columbia Road between 36th Avenue South and 40th 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 December 7, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance to amen 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 Perkins Fifth Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE CHANGE ORDERS TO PROJECTS

The Flood Response Committee reported having considered the matter of Mortenson update-civic auditorium, and recommended approval of change order to Jacobson Office Supply in the amount of $700.00 for a Toshiba cordless telephone to interface with the controller.

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

The Flood Response Committee reported having considered the matter of Mortenson update - Corporate Center, 402 DeMers Avenue, and recommended approval of change order to MidAmerica Steel in the amount of $3,990.00 for additional structural steel to interface the existing skyway from the First National Bank Building to the 402 DeMers building.

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

The Flood Response Committee reported having considered the matter of Mortenson update, residential demolition bid packets #9 and #11, and recommended approval of change orders: 1) to Peterson Construction - in the amount of $4,650.00 to add demolition of one residential property; 2) to Landwehr Construction in the amount of $152,275 for the addition of 28 properties; and 3) to Landwehr Construction in the amount of $2,000 for the addition 4 garages.

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

CONSIDER MATTER OF MADDOCK HOME RELOCTION

The Flood Response Committee reported having considered the matter of Maddock home relocation, and recommended to stay with the USACE (US Army Corps of Engineers) National Economic Development (NED) Plan.

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

Mr. Swanson reported that the issue is what type of a dike construction material, whether it's a wall, organic material and whether or not Mr. Maddock's home is to be relocated as a result of the choice of materials.

Council Members Hafner and Polovitz asked that this matter go back to committee for further consideration.

APPROVE ACCEPTANCE OF CONCEPT PLAN FOR SOUTHEND INFRASTRUCTURE

The Flood Response Committee reported having considered the matter of south end infrastructure expenditures, and recommended approved acceptance of the concept plan for the south end infrastructure.

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

APPROVE REIMBURSEMENT OF FUTURE PAID SPECIALS UPON REQUREST OF PROPERTY OWNER

The Flood Response Committee reported having considered the matter of Sogard Phase IV property, and recommended approval to authorize the reimbursement of future paid specials upon request of the property owner, and that this be treated as a policy decision.

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

Mr. Swanson reported that Mr. Sogard owned property in the Sun-Beam Addition and had prepaid all special assessments and there is no balance of special assessments; and under the City's program we pro-rated special assessments to the date of the flood or date of closing, but the council had never authorized reimbursement of future paid specials, and in this case Mr. Sogard has paid, has advanced, and to be pro-rated to approx. between $4400 and $4500 of specials that he has paid that he would not have been obligated to pay. Mr. Swanson stated that had he not paid them, the City would have picked that up, and he is requesting to be reimbursed, and the recommendation from his office was that rather than treat Mr. Sogard individually, that the council adopt a policy that would allow in Phase IV that for developed lots only that those special assessments that were prepaid be reimbursed and pro-rated to the date of closing.
Council Member Hafner stated he had a request re. an empty lot where person had paid the special assessments ahead of time in an improvement area. Mr. Swanson stated that would be a different situation, and believes that the council has adopted a policy indicating that the valuation on unimproved lots will be reduced by the amount of future special assessments. Mr. Swanson reported that council specifically took and adopted that policy with regard to undeveloped lots and what the offer would be based upon the evaluation, and is a different scenario that what have here however; and he is familiar with both individuals you're speaking of and the policy; council can certainly revisit the policy on valuation of undeveloped lots in Phase IV but now adopted policy is that your valuation will be less the amount of special assessments. Council Member Hafner moved that we consider those undeveloped lots, and that Mr. Swanson bring something to Flood Response. Mr. Swanson stated there are two separate matters, but if want council to reconsider valuation on unimproved lots, that can be referred back to Flood Response Committee; however, this item should be acted on individually, what to do with pre-paid specials in Phase IV on developed properties.

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

APPROVE FUNDING FOR POLICE BUILDING
TELEPHONE SYSTEM

The Flood Response Committee reported having considered the matter of request for CDBG funds for the police building telephone system, and recommended approval of $47,144 in CDBG funding for the police building telephone system.

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

Council Member Hamerlik questioned how this phone system related to the flood, whether it is something that happened, or whether an upgrade, as he has been concerned about spending flood relief money for other things. Chief Packett stated that he was representing police department, PSAP, health department, Highway Patrol and court system. He stated that their building did sustain some damage during the flood to the electronics in the basement, not only their phone system but PSAP, their base station, wiring, etc. and budgeted $50,000 over the last two budget periods to replace their phone system, and other departments in question came up with $26,000 through normal funding sources through finance to do that. He stated that during installation they discovered that PSAP needed the ability to trace calls and to have call identifier for the KS system and brought the total cost over-run to $47,144; PSAP had allocated that amount of money towards this system but also had an appeal into FEMA and that appeal was successful, so this is money that has been dedicated for the phone system and are allocating for the full building now since had cost over-run for other agencies and the FEMA appeal was also granted. Council Member Hamerlik again asked his question, and if that's why taking it out of this fund. Chief Packett stated that is the total cost to replace the system in the building that was damaged by flood.

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

APPROVE FUNDING FOR REVISION OF EXISTING LAND USE PLAN AND EXTEND PLANNING HORIZON FROM 2015 TO 2020

The Flood Response Committee reported having considered the matter of Planning Commission request for $100,000 in CDBG funds, and recommended approval of $100,000 from CDBG administration to revise the existing Land Use Plan and extend the planning horizon from 2015 to 2020.

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

APPROVE SURPLUS PROPERTIES

The Flood Response Committee reported having considered the matter of surplus properties, and recommended that the following homes are to be deeded to Grand Forks Homes for sale in the Affordable Housing Program: 1520 Chestnut Street, 27 Conklin Avenue, 115 Conklin Avenue, 812 North 25th Street, 1518 Walnut Street, 21 Conklin Avenue, 102 Conklin Avenue, 1610 Lewis Blvd., 3114 South 10`h Street; 2421 Glen Circle; that the following homes are to be sold to the public for private rehabilitation: 715 North24th Street, 1822 North 4`h Street, 1829 North 4th Street, 1816 North 4th Street, 1824 North 4`h Street; that the following homes are to be deeded to Easter Seals for rehabilitation: 204 Walnut Street; and the following homes are to be demolished: 411 1St Avenue South, 1432 Chestnut Street, 322 North 4th Street, 727 Walnut Street, 1420 Chestnut Street, 1815 North 3rd Street, and 3110 South l0th Street.

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

APPROVE APPOINTMENT TO GRAND FORKS ECONOMIC DEVELOPMENT FOUNDATION

Mayor Owens announced the appointment of Council Member Carpenter as an ex-officio member of the Grand Forks Economic Development Foundation and asked for concurrence in this appointment. It was moved by Council Member Hafner and seconded by Council Member Bouley that this appointment be and is hereby approved. Carried 14 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO.
4661, PUMP STATION NO. 38

Committee No. 3, Public Service, reported having considered the matter of Project No. 4661, Pump Station No. 38, Molstad, forcemain contractor, C.O. #2, in the amount of $17,278.00, and recommended to approve change order increase to Molstad's in the amount of $17,278.00.

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

REFER VARIOUS ITEMS TO COMMITTEE/DEPARTMENT

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

1) Council Member Hamerlik stated that last week KCNN didn't broadcast the Flood Response Committee meeting, and council meetings, and while can't dictate or push them, it would be nice to know if they will be doing this anymore, or do whenever possible; that a lot of people listened to flood response.
2) Council Member Lucke asked what status was on $1.5 million loan to Grand Forks Homes. Terry Hanson, Urban Development, reported that the loan has not been paid as of this date; that this morning Fannie Mae approved a loan to Grand Forks Homes for $3 million and that is now going to the attorneys for drafting and approval of documents and once receive that money, the loan to the City will be paid back and assume that will happen within a week.
3) Council Member Brooks presented the matter of reviewing matter of compensation for all committees. The matter was referred to the finance committee.
4) Council Member Martinson reported he had received a number of calls from small businesses re. the assistance they've applied for and asked if Urban Development could respond to these people within a week or so. Mr. Hanson stated he didn't think they could respond in that period of time, the process is that they will review all the applications at one time, compile the information and that information will go before the Growth Fund Committee, and they will make the final approval of funding for the loans. It probably wouldn't be done until the middle of December.
5) Council Member Hafner presented the issue of valuation of undeveloped lots; and the matter was referred to the Flood Response Committee.
6) Council Member Hafner stated that the matter of fire chief has come up and starting to have some activity on whether it should be a civil service job or whether it should be on contract, and stated that he doesn't understand civil service very well, and would like to see mini-seminars on powers of the civil service are, effect on employees, etc. Mayor Owens stated she is looking for a date for meeting so they can decide advantages/disadvantages and will schedule a date.
7) Council Member Beyer stated that there is a young gentleman who lives in her ward, 3`d grader at Viking School and diagnosed with cancer, Lucas Nordstrom, and family could use any help with funds to defray travel expenses to and from the cities and if anybody is interested, donations can be made to NDAD c/o Lucas Norstrom.

ADJOURN

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

Respectfully submitted,

Saroj Jerath
Deputy City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor
.