City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 7, 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, December 7, 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.

FLOOD REPORT

Charles Grotte, assistant director of public works, reviewed information on handout that was presented to the council members. He reported that today was the last day of the 30-day review comment for the final general re-evaluation and environmental impact statement from the Corps of Engineers and that will be sent to headquarters for signature and finalized, which are last steps in the authorization. He reported that the Corps of Engineers is still working on the instrumentation at the Riverside Park area and the water plant, and are doing some work at Reeves Drive and Northridge Hills which should be done this week . The City has signed the purchase agreement to buy the Campbell property which is north of the intersection of Columbia Road and Gateway Drive, approx. 70 acres, and will be used as a clay borrow site for the flood fighting needed to do next year or years to come or as clay for the permanent levee system. He reported that another item that has come up and is on the agenda tonight is the removal of the downtown walk bridge, at the Flood Response Committee meeting it was proposed that the bridge be removed using CDBG money, and after some checking with the Corps of Engineers that as long as they use federal dollars to do that removal we would have to follow the programmatic agreement that the Corps and City and State will assign so it may be better to use local funds for that rather than CDBG as may not be able to get the bridge removed any sooner, but would have to look at the historical requirements if there are any for mitigation if that is done. He stated that through the Shannon Wilson study they are continuing to do some of the work with the model and looking at analysis of the different things they had proposed, that they aren’t doing a lot with items that deal with the water table now, but wanting to wait until they get results from the instrumentation the Corps put in before they get too deeply involved. Greg Fischer anticipates they will probably come up in January since there hasn’t been much to report and were talking about them coming once a month with update. He stated they hope to have a preliminary report sometime in February, 1999. He reported that at the public service committee meeting last week there was a presentation on the new raw water intake project and are planning to hold a neighborhood meeting on the 17th of December with residents.

Mr. Grotte reviewed project financing, the total cost has increased from $143 million to $150 million, however, the Grand Forks cost went down about a million to $115 million. He stated that the Congressional delegation is working to insure that gets put in as a new start in the year 2000 in the President’s budget.

Mr. Grotte reported that at State level the Mayor sent a letter to the legislators and to the Governor and other State officials concerning some of our flood impacts and assistance we received and also the flood protection project; informational binders will be going to those people. He stated that the Mayor will be going to Bismarck this week and many more times to follow to discuss this with the legislators. He stated that on the local funding level, the current proposal to discuss funding will go to the finance committee on December 15.

Mr. Grotte reported on acquisition on Phase IV Program, basically 102 offers have been made, 6 have closed or people decided not to sell, 41 properties acquired, and 55 remain in some stage of that process.

Mr. Grotte reported on the Greenway, Charles Flink of Greenways, Inc., will be here next week to have several meetings, and presentation to both councils and the Park District on December 15 at 7:00 p.m., and will review his recommendation on an organizational structure for greenway management. Mayor Owens thanked him for the report.

APPROVE MINUTES AUGUST 17, 1998

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, August 17, 1998 were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that these minutes be approved as read. Carried 14 votes affirmative.

TABLE PLAT OF DRO ADDITION; HOLD PUBLIC HEARING
AND CONTINUE SECOND READING OF ORDINANCE
RELATING TO AMENDING STREET & HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF D.R.O. 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 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 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 no comments and the public hearing was closed.

The Planning and Zoning Commission reported having 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 South-east 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 the request. It was moved by Council Member Hafner and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3754, AMENDING ZONING
REGULATIONS RE. USES PERMITTED IN A-2 (AGRICULTURAL
RESERVE) DISTRICT

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0207, A-2 (Agricultural Reserve) District, subsection (2), Uses Permitted”, which had been introduced and passed on its first reading on November 16, 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 grievance 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Richard Farroh on behalf of Dr. Gossard for final approval of an ordinance to amend the Land Development Code Section 18-0207(2) Uses Permitted in the A-2 (Agricultural Reserve) District to allow animal clinics, and recommended final approval and passage of the ordinance to include a minimum distance of 660 feet between the animal clinic and residential dwellings or residential lots not owned or occupied by the owner of the clinic or his or her custodian. The recommendation was moved and seconded by Council Members Hafner and Beyer.

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; ADOPT ORDINANCE NO.
3755 , AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF TJ’S THIRD 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 TJ’s Third Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 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 grievance 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Development, Inc. for final 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, R50W of the 5th Principal Meridian (located north of 57th Avenue South between South 11th Street and South Washington Street (County Highway No. 81), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Members Hafner and Bakken.

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. 3756, ANNEXING ALL
OF GRAND FORKS CHRISTIAN SCHOOL ADDITION

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 had been introduced and passed on its first reading on November 16, 1998, was presented and read for consideration on second reading and final passage.

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

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

Upon call for the question of adoption of 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. 3757, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF GRAND
FORKS CHRISTIAN SCHOOL 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 Grand Forks Christian School Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 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 grievance 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of final 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 final approval and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Members Hafner and Babinchak.

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 PLAT; ADOPT ORDINANCE NO. 3758,
AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF PERKINS FIFTH 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 Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 16, 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 grievance 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 and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Perkins Land Company and D.J. Parker, Inc. for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Members Hafner and Martinson.

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 REQUEST FOR
ISSUANCE OF $5,000,000 IN MIDA BONDS FOR
LM GLASFIBER NORTH DAKOTA, INC.

The city auditor reported that the notice of public hearing on the proposal that the City issue its revenue bonds, under the North Dakota Municipal Industrial Development Act of 1955, NDCC, with the proceeds of the revenue bonds to pay part of the costs incurred and to be incurred in the acquisition and construction of real and personal property to be used as a manufacturing facility for components for wind turbines, located at 1580 South 48th Street, with the maximum amount of bonds proposed to be issued to finance the project in the amount of $5,000,000; that the project will be leased by the City during the term of the bonds to the Grand Forks Economic Development Corporation who will sublease the project during the term of the bonds to the Grand Forks Growth Fund, a Jobs Development Authority, who in turn will sublease the project to LM Glasfiber North Dakota, Inc., had been published with a hearing date of December 7, 1998. He reported that no comments or grievances had been filed with his office.

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

The city auditor reported that this matter will go back to finance committee for consideration of details.

ADOPT RESOLUTION AWARDING SALE OF SPECIAL
IMPROVEMENT WARRANTS AND EXCHANGE THEREOF
FOR REFUNDING IMPROVEMENT BONDS, SERIES 1998A

The city auditor presented an affidavit showing publication in the official newspaper of the City of a Notice of Bond Sale of $5,185,000 Refunding Improvement Bonds, Series 1998A (the Bonds) of the City, bonds for which were to be considered at this meeting as provided by resolution adopted on November 2, 1998. The affidavit was examined and approved and ordered placed on file.

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

Al Erickson, Springsted, Inc., extended Springsted’s official congratulations to the Mayor for the award recently won from American City and County, that they are proud of the council and of the city and the accomplishments of the City and were very grateful to be allowed to serve Grand Forks. Mr. Erickson reported that bids were taken today for the Improvement Refunding Bonds, five bids received and low bid was received from Griffin, Kubik, Stephens & Thompson, Inc. at the rate of 4.16%, interest rate very good and this is the first time in recent memory that Griffin has been the low bidder on the bonds, that this is 15 year issue, market very good , and they would recommend approval of this.

Committee No. 1, Finance, reported having considered the matter of resolution awarding $5,185,000 Refunding Improvement Bonds, Series 1998A, and recommended that approval of resolution 1) establishing terms and directing issuance of definitive improvement warrants on the funds of sanitary sewer districts Nos. 381, 383, 391 and 394, storm sewer districts Nos. 382, 387, 392, 395, 396 and 398, street improvement district No. 559, paving districts nos. 554, 555, 556 and 557, lighting districts Nos. 115, 118, 119, 120, 121, 122, 124, 125 and 126 and watermain districts Nos. 252, 258, 259, 260, 261 and 262, and providing for and appropriating special assessments for the support and maintenance of said funds; 2) and approval of resolution directing the issuance of $5,185 Million Refunding Improvement Bonds, Series 1998A and prescribing the terms and covenants thereof, and 3) approval of the sale of bonds to the low bidder, Griffin, Kubik, Stephens & Thompson, Inc. at a true interest rate of 4.1687%.

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.
The city auditor reported that five (5) sealed bids for the purchase of the Bonds had been received at his office from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 7650 - Bids.

Council Member Carpenter introduced the following resolution and moved its adoption: Document No. 7651 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

Council Member Carpenter introduced the following resolution and moved its adoption: Document No. 7652 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

Council Member Carpenter then introduced the following resolution and moved its adoption: Document No. 7653 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT RESOLUTION VACATING PORTION OF
UTILITY EASEMENT IN BLOCK 1, KORYNTA-LEMM
3RD RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the northerly 16 feet of a 33 ft. 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 (located at 5118 Gateway Drive), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

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

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

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7654 - Resolution.

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

ADOPT RESOLUTION VACATING ALL OF ALLEY
LYING IN BLOCK 3, HUBERT’S ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of the alley lying in Block 3, Hubert’s Addition, subject to a utility easement for existing utilities until such time as they are relocated or abandoned, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

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

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

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7655 - Resolution.

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

REPORTS OF OFFICERS

The city auditor presented and read the investments report for the period ending November 30, 1998. It was moved by Council Member Beyer and seconded by Council Member Babinchak to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-21, dated December 7, 1998 and totaling $3,113,948.22, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Brooks 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.

ACCEPT BIDS FOR FINANCING OF SIDEWALK
IMPROVEMENTS

Committee No. 1, Finance, reported having considered the matter of financing for sidewalk improvements, and recommended that the bid for sidewalk warrants be awarded to Norwest at an interest rate of 5.28%, sold in a five-year maturity.

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

APPROVE BUDGET AMENDMENTS

A request for amendment to the Health Department budget in the amount of $51,614.00 to cover expenses for flood vehicles from General Fund cash carryover was presented and read.

A request for amendment to the Engineering Department budget in the amount of $59,838.00 to cover expenses for flood vehicles from General Fund cash carryover was presented and read.

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

INTRODUCE ORDINANCES TO INCREASE UTILITY
RATES FOR 1999

Committee No. 3, Public Service, reported having considered the matter of utility rate increases for 1999 and recommended to approve increase in rates as follows: Stormwater: revise Code Sections 15-0117.1(2) and 15-0117.1(4) to reflect an increase of 8% in service charges and sewer runoff unit fee; Wastewater: revise City Code Sections 15-0301 and 15-0304(2)(F) to reflect increases of 5% in basic service charge and industrial surcharge rate for BOD; Water: revise City Code Sections 15-0115(1), 15-0115(2), 15-0115(3), 15-0116(1) and 15-0116(2) to reflect an increase of 15%; said rate increases to be effective on January 1, 1999.

Committee No. 1, Finance, reported having considered the matter of utility rate increases for 1999, and recommended there be no increase in the sanitation rate, there be an increase in stormwater of 8%, there be an increase in wastewater of 5% and there be an increase in water of 15%.

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

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Section 15-0117.1 of the Grand Forks City Code relating to fees for storm sewer service”, which was presented, read and passed on its first reading.

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Sections 15-0301 and 15-0304(2)(F) of the Grand Forks City Code relating to fees for wastewater”, which was presented, read and passed on its first reading.
Council Member Carpenter introduced an ordinance entitled “An ordinance amending Sections 15-0115 and 15-0116 of the Grand Forks City Code relating to fees for water service”, which was presented, read and passed on its first reading.

APPROVE HOLIDAY VACATION BONUS FOR CITY
EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of City employees holiday bonus, and recommended the 1998 holiday vacation bonus be four hours vacation for full-time City employees and pro-rated accordingly for part-time or contracted positions, to be used by September 1, 1999.

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

The city auditor stated he had asked for clarification on this issue and that it came from Human Resources, that SNA employees and non-benefit employees by SNA under CDBG area would not qualify and get this as in the past.

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

ACCEPT BIDS FOR UNIFORMS/CLOTHING FOR FIRE
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for uniforms/clothing for fire department, and recommended to accept low proposals as submitted: to purchase shirts, jackets and black ties from White Banner Uniform Shop; dress trousers and work pants from U.B. Specialties; and dress caps from Silverman’s.

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 AMENDMENT

A request for amendment to the Police Department budget in the amount of $1,000.00 to reflect additional income from grant funds for Narcotics Enforcement was presented and read.

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

APPROVE GRANTS FOR POLICE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grants through the Edward Byrne Formula Grant Program: Operational Effectiveness Project (narcotics officer) for 1/1/99 to 12/31/99 in the amount of $24,660.00, and recommended to authorize police department to proceed with grant.

Committee No. 2, Public Safety, reported having considered the matter of grants through the Edward Byrne Formula Grant Program: Operational Effectiveness Project (canine) for 1/1/99 to 12/31/99 in the amount of $10,696.00, and recommended to authorize police department to proceed with grant.

Committee No. 2, Public Safety, reported having considered the matter of grants through the Edward Byrne Formula Grant Program: Multi-jurisdictional Task Force Project for 1/1/99 to 12/31/99 in the amount of $121,954.00, and recommended to authorize police department to proceed with grant.

Committee No. 2, Public Safety, reported having considered the matter of School Resources officers, and recommended to proceed with the grant, and if no additional federal grants, School District fund program.

Committee No. 2, Public Safety, reported having considered the matter of Juvenile Accountability Incentive Block Grant, and recommended that the police department proceed with grant.

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

REFER MATTER OF LIGHTING ALONG ENGLISH COULEE
BIKEPATH FROM 6TH AVENUE NORTH TO GATEWAY
DRIVE BACK TO COMMITTEE

The city auditor reported that this item was tabled and held until this meeting (to allow University of North Dakota to do more exploring of the matter).

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 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 asked if a letter had been received from the University and Mayor Owens stated there was a letter in her office. Council Member Hamerlik reported that Public Service has a motion to proceed with the project, Public Safety has a motion not to proceed with the project, that there have been several meetings at the University and he understood that the University would send a letter in a positive way for the lighting of the bikepath, and he understood that the Bikepath Committee again reinforced their original position, and have two contradictory motions that have been set aside, and should wait for the University’s position as bikepath is on their land. Earl Haugen, MPO, reported this has been programmed in 1999 and are now doing actions on the year 2000-2002.

Council Members Bakken and Martinson asked this matter be referred back to the public safety committee; and Council Members Klave and Hafner asked this matter be referred back to the public service committee.

APPROVE INSTALLATION AND OPERATION OF GAUGING
STATIONS FOR PURPOSE OF FLOOD WARNING FOR CITY

Committee No. 3, Public Service, reported having considered the matter of communication from USDI providing an estimate of cost for installation and operation of two gauging stations for the purpose of flood warning for the city, and recommended to approve installation of the two gauging stations, to negotiate with City of East Grand Forks, and allocate use of CDBG funds.

It was moved by Council Member Klave 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.

AUTHORIZE REQUEST FOR STAFFING OF NEW
WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of staffing for new wastewater treatment plant, and recommended to approve the request to prepare a request for qualifications to select consultant to evaluate the cost effectiveness of privatizing, creating a proposal, selecting a vendor and negotiating a contract in a competitive environment.

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

MATTER OF FARMLAND LEASE FOR NEW LANDFILL
SITE

Committee No. 3, Public Service, reported having considered the matter of farmland lease for new landfill site, and recommended to enter into lease agreement with current renter based on proportionate cost of current rental, subject to review and approval by the city attorney.

It was moved by Council Member Klave 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
4784, SOUTHEND WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4784, southend water tower, and recommended to approve the engineer’s report.

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

APPROVE AMENDMENT NO. 5 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 4861 THROUGH 4866, TO RE-
STORE SANITARY AND STORM SEWERS IN AREAS 1, 3 AND 4
Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 5 (design), Webster, Foster & Weston, Project Nos. 4861 through 4866, to restore sanitary and storm sewers in Areas 1, 3 and 4 (CDBG), and recommended to approve Amendment No. 5 to the engineering agreement in the amount of $666,551.00.

It was moved by Council Member Klave 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.

APPROVE AMENDMENT NO. 2A TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4836, STORM SEWER ON
BELMONT ROAD FROM 55TH AVENUE SOUTH TO DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 2A (construction administration), Greater Forks Engineering Group, Project No. 4836, storm sewer on Belmont Road from 55th Avenue South to Southend Drainway (CDBG), and recommended to approve Amendment No. 2A and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave 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.

APPROVE AMENDMENT NO. 4A TO ENGINEERING
SERVICES AGREMENT FOR PROJECT NO. 4843, WATER
ON WASHINGTON STREET FROM 47TH TO 62ND
AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements for various projects: Amendment No. 4A, construction administration, Greater Forks Engineering Group, Project 4843, water on Washington from 47th to 62nd Avenue South (CDBG), and recommended to approve Amendment No. 4A and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave 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.

APPROVE AMENDMENT NO. 5A TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4846,
STORM SEWER ON 40TH AVENUE SOUTH FROM
WASHINGTON STREET TO SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 5A, construction administration, Greater Forks Engineering Group, Project No. 4846, storm sewer on 40th Avenue South from Washington Street to Southend Drainway (CDBG), and recommended to approve Amendment No. 5A and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave 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.

APPROVE AMENDMENT NO. 6A TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4856
AND 4868, STORM SEWER ON PORTIONS OF CHERRY
STREET AND WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements for various projects: Amendment No. 6A, construction administration, Greater Forks Engineering Group, Project No. 4856 and 4868, storm sewer on Cherry Street from 55th Avenue to Southend Drainway and storm sewer on Washington Street from 62nd Avenue South to the Southend Drainway (CDBG), and recommended to approve Amendment No. 6A for Project No. 4856 and authorize to proceed with construction phase services in the amount of $3,500.00.

It was moved by Council Member Klave 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.

APPROVE AMENDMENT NO. 6A TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4868, STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements for various projects: Amendment No. 6A, construction administration Greater Forks Engineering Group, project No. 4868, storm sewer on Washington Street from 62nd Avenue South to the Southend Drainway (CDBG), and recommended to approve Amendment No. 6A for Project No. 4868 and authorize to proceed with construction phase services, with no change in the not to exceed amount.

It was moved by Council Member Klave 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.

APPROVE AMENDMENT NO. 9 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4779, RELOCATE WILLIAMS
PIPE LINE ON COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering service agreements for various projects: Amendment No. 9 (property acquisition services), Greater Forks Engineering Group, Project No. 4779, relocate Williams Pipe Line on Columbia Road from 40th to 47th Avenues South (CDBG), and recommended to approve Amendment No. 9.

It was moved by Council Member Klave 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.

APPROVE AGREEMENT WITH WILLIAMS PIPE LINE
COMPANY FOR PRELIMINARY WORK ON PROJECT
NO. 4779

Committee No. 3, Public Service, reported having considered the matter of agreement with Williams Pipe Line Company for preliminary work on Project No. 4779, relocate Williams Pipe Line on Columbia Road from 40th to 47th Avenues South (CDBG), and recommended to approve entering into an amendment to the agreement for reimbursement of preliminary engineering costs for the improvements in the amount of $17,500.00 and increase the total agreement to $326,435.00, CDBG allocation.

It was moved by Council Member Klave 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.

ACCEPT BID FOR PROJECT NO. 4865, RESTORATION OF
SANITARY SEWER IN AREA 4

Committee No. 3, Public Service , reported having considered the matter of consideration of construction bids for Project No. 4865, restore sanitary sewer in Area 4 (CDBG), and recommended to accept the bid of Molstad Excavating n the amount of $477,970.00.

It was moved by Council Member Klave 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.

APPROVE CHANGE ORDERS, VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4671, Lift Station 21, Change Order #2, Smith Construction Company, Inc., contractor, and recommended to approve the change order in the amount of $246.75, and an extension of time to complete the project to January 15, 1999.

It was moved by Council Member Klave 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.
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4752, Lift Stations 9 and 11, Change Order #1, Smith Construction Company, Inc., contractor, and recommended that time extension to February28, 1999 - staff will handle.

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

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4768, Lift Station 84, Change Order #1, Wanzek Construction, Inc., contractor, and recommended to approve the change order in the amount of $5,530.20 and to extend completion date to March 1, 1999 for a working station and June 15, 1999 for site restoration.

It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4439, Lift Station 38, Change Order #6, Wanzek Construction, Inc., contractor, and recommended to approve the change order in the amount of $934.00 and to extend completion date to December 31, 1998.

It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4684, Lift Station 33, Change Order #1, Bergstrom Electric, Inc., contractor, and recommended to approve the change order in the amount of $2,856.06, and to extend completion date to July 30, 1999.

It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4838, sanitary sewer on South 20th Street, Change Order #1, United Crane & Excavation, contractor, and recommended to approve the change order in the amount of $69,856.60.

It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4838, sanitary sewer on South 20th Street, Change Order #1, and to consider supplemental tapping charge to cover Change Order #1, and recommended to approve the supplemental tapping area subject to review by the city attorney.
It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4843, water on Washington Street from 47th to 62nd Avenue South, Change Order #1 (CDBG), Dakota Underground, contractor, and recommended to approve the change order to award alternate bid from 47th Avenue South to 62nd Avenue South in the amount of $64,162.00, CDBG funding.

It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4440, Southend Drainway, Phase 1A, Change Order #6, (CDBG), Riley Bros. Construction, Inc., contractor, and recommended to approve the change order in the amount of $3,175.00.

It was moved by Council Member Klave 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.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.2, Southend Drainway, Phase 2A, Change Order #3 (CDBG), Schipper Construction, Inc., contractor, and recommended to approve the change order deduction of a liquidated damages in the amount of $200/day for October 2 through October 9, 1998 in the amount of $1,600.00, and to extend completion date of project to June 1, 1999 to complete seeding.

It was moved by Council Member Klave 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.

APPROVE PRELIMINARY TAPPING FEE FORMULA AND
TIMING OF ASSESSMENT COLLECTIONS FOR PROJECTS
4440, 4669.1, 4669.2 AND 4669.3, SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of tapping fees for Project Nos. 4440, 4669.1, 4669.2, and 4669.3, Southend Drainway: preliminary tapping fee formula, and recommended to approve the preliminary tapping fee formula, and to accept the recommendations of the Special Assessment Commission.

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

Committee No. 3, Public Service, reported having considered the matter of tapping fees for Projects Nos. 4440, 4669.1, 4669.2 and 4669.3, Southend Drainway: timing of assessment collections, and recommended to assess the specials upon completion of the project.

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

APPROVE AGREEMENT WITH DeMERS AMOCO TO
DISCHARGE STORMWATER INTO I-29 DITCH

Committee No. 3, Public Service, reported having considered the matter of agreement with Loren Dusterhoft, DeMers Amoco, to discharge stormwater into I-29 ditch, and recommended to authorize entering into agreements with the Department of Transportation and with Loren Dusterhoft, DeMers Amoco, agreement to be drawn by the city attorney.

It was moved by Council Member Klave 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.

APPROVE WATER TREATMENT PLANT SITE SELECTION
PROCESS

Committee No. 3, Public Service, reported having considered the matter of water treatment plant site selection process approval, and recommended to accept the process for approval.

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

Council Member Hamerlik stated it would be wise to study and select a place for the plant, that preliminary figures are costly, and had concern when discussed the Purpur Arena site, that Grand Forks Central practices football there, that School District put in funds for locker rooms in Purpur Arena and they have not been approached, and doesn’t think it’s a very viable site. He questioned whether they need a site selection, and seems intent should be to go to the Industrial Park unless there seems to be a better place that comes up later. Council Member Hafner stated he has the same sentiment but should go through the process to make a final determination, and if process done correctly, will find out that the Purpur Arena is not the correct site and maybe Industrial Park is, but should go through steps to do that. Council Member Hamerlik stated that if the process will also consider other sites then go through the study. Charles Grotte, asst. dir. of public works, stated that the moving of the plant isn’t so driven by the alignment as by other things such as historic nature of the community that they would be having to remove if expand the plant where it is, etc., chances are that the dike based on new instrumentation would have to move farther west but that’s not driving force. Council Member Hafner stated that he understands that the Industrial site could include a broader selection, but not a specific one in the Industrial Park. Council Member Klave stated he understood there is a site 4 unannounced, and if other sites brought forward that looked like it had potential, could be added in and discussed, that they are not limiting this to the three sites. Council Member Hafner announced that Council Member Klave will be a member of that site selection committee.

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

RECEIVE AND FILE PRELIMINARY SUBMITTAL RAW
WATER INTAKE AND TRANSMISSION LINES REPLACE-
MENT, PROJECT NO. 4769

Committee No. 3, Public Service, reported having considered the matter of preliminary submittal raw water intake and transmission lines replacement, City Project No. 4769, and recommended
to receive and file.

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

Council Member Bouley reported that she had attended a neighborhood meeting last week re. this matter and have some residents from the neighborhood that would like to have comments on that.

Sandra Donaldson, 606 South 4th Street, which is diagonally across the south end of the water plant, stated she has been attending visioning kinds of meetings re. greenway concept and about historic nature of the city and their neighborhoods and was surprised to discover that this large building is going to be constructed on their block and taking out 3 houses and need to consider something more than expense of this project and if lose these families and houses it’s going to be very painful. She stated that there are various places that this intake building can go, that the City purchased the land to the south of the plant and that seems to be the area for this intake building to go, and her request is that the council not vote to approve the plan but to send back to the public service committee that they treat this small project in the same way that they are treating a number of the other projects and have additional sites for consideration.

Council Member Klave noted that on December 17 there will be an informational session in the council chambers for Central Park neighbors to receive information and have questions and concerns answered, and to look at architectural renditions of the building as well. Council Member Glassheim suggested they have Mr. Burian of A/E at the meeting to answer some preliminary questions, etc. Council Member Bouley asked that notification be sent to membership of neighborhood association and Jack Caldis will provide listing. Mr. Swanson stated that the City could notify the membership association but he would hesitate to rely only upon an organization membership, and that this would be in addition to the 400 ft. requirement of the proposed project. Council Member Hafner stated they are not giving any approval to any particular site this evening. Mr. Grotte stated it wouldn’t be a done deal until council acts, that they have looked at various alternatives and this seems to be the only viable alternative to get water from both rivers; it was mentioned to move it across the street where the levee currently is but when the Corps finally gets that far, that might be an option but need to have the facility constructed by the time they get to designing their levee; and that is the only alternative unless go to some completely different strategy to get water to the city.

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

APPROVE CHANGE ORDERS FOR CITY CENTER MALL
DEMOLITION

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition change orders: Bid Pkg. 4, asbestos abatement, $11,180.00, in Young and Davis buildings, 2 and 4 South 3rd Street, Environmental Abatement Services, contractor, and recommended to approve the change order in the amount of $11,180.00.

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition change orders: Bid Pkg. 1, $8,172.00, Magnus Trucking, contractor, and recommended to approve the change order in the amount of $8,172.00.

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition change orders: Bid Pkg. 6, $18,691.60, Opp Construction, contractor, for relocation of traffic signal at DeMers and 3rd Street and temporary street lighting on 3rd Street, and recommended to approve the change order in the amount of $18,691.60.

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

APPROVE CHANGE ORDERS FOR CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of change order for the Corporate Center: Advanced Elevator on parking ramp, and recommended to approve the change order in the amount of $5,000.00 deduct.

Committee No. 4, Urban Development, reported having considered the matter of change order for the Corporate Center: Advanced Elevator, deduct in the amount of $17,500.00, and recommended to approve the change order.

Committee No. 4, Urban Development, reported having considered the matter of change order for the Corporate Center: Lunseth Plumbing & Heating in the amount of $310.00, and recommended to approve the change order.

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

APPROVE BID FOR RESIDENTIAL ABATEMENT

Committee No. 4, Urban Development, reported having considered the matter of Bid Pkg. 43, residential abatement, and recommended that the low bid from EAS in the amount of $6,385.00 be approved for the abatement of eight (8) residences in Bid Pkg. 43.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motions carried.
APPROVE 1999 CONTRACT WITH UNIVERSITY OF NORTH
DAKOTA FOR BUS SERVICES

The Bus Committee reported having considered the matter of the University of North Dakota 1999 contract, and recommended approval.

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

SET PUBLIC HEARING FOR DECEMBER 17 ON PUBLIC
GRANT

The Bus Committee reported having considered the matter of 1999 public grant hearing, and recommended approval, with hearing scheduled for December 17, 1999.

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

INTRODUCE ORDINANCE TO AMEND TEXT OF LAND
DEVELOPMENT CODE RE. FRONT YARD REQUIREMENTS
IN R-1 (SINGLE FAMILY RESIDENCE) DISTRICTS, R-2 (ONE
AND TWO FAMILY RESIDENCE) DISTRICTS, R-3 (MULTI-
FAMILY RESIDENCE, MEDIUM DENSITY) DISTRICTS, AND
R-4 (MULTI-FAMILY RESIDENCE, HIGH DENSITY) DISTRICTS

The Planning and Zoning Commission reported having considered the matter of the request from Planning staff for preliminary approval of an ordinance to amend the text of the Land Development Code Section 18-0204, subsection (2) Definitions; Section 18-0208, subsection (8) Front Yard Requirements in the R-1 (Single Family Residence) District; Section 18-0209, subsection(8) Front Yard Requirements in the R-2 (One and Two Family Residence) District; Section 18-0210, subsection (8) Front Yard Requirements in the R-3 (Multiple-Family Residence, Medium Density) District; Section 18-0211, subsection (8) Front Yard Requirements in the R-4 (Multiple-Family Residence, High Density) District and Section 18-0304, subsection (9) Front Yard Depths which amendments would allow the builder the option to reduce the minimum front yard setbacks for dwelling units when front-loaded garage setbacks are increased, this option, if selected by the builder, would increase the off-street parking area and improve the curb appeal of the dwelling, 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 January 19, 1999.

It was moved by Council Member Hafner and seconded by Council Member Brooks 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 18-204, Rules and Definitions, subsection (2) Definitions, Section 18-0208, R-1 (Single Family Residence) District, subsection (8) Front Yard Requirements, Section 18-0209, R-2 (One and Two-Family Residence) District, Subsection (8), Front Yard Requirements, Section 18-0210, R-3 (Multiple-Family Residence, Medium Density) District, subsection (8), Front Yard Requirements, Section 18-0211, R-4 (Multiple-Family Residence, High Density) District, subsection (8), Front Yard Requirements, and Section 18-0304, Yards, subsection (9)”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING TEXT OF LAND
DEVELOPMENT CODE, ZONING, RELATING TO YARDS

The Planning and Zoning Commission reported having considered the matter of the request from Planning staff for preliminary approval of an ordinance to amend the text of the Land Development Code, section 18-0304, subsection (3) Yards which amendment would allow unenclosed porches to extend into required front yards to a distance not exceeding six (6) feet, 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 January 19, 1999.

It was moved by Council Member Hafner and seconded by Council Member Brooks 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 18-0204, Rules and Definitions, and Article 3, Rules and Regulations; Section 18-0304, yards, subsection (3)”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND TEXT OF LAND
DEVELOPMENT CODE, LAYOUT OF ADDITIONS AND SUB-
DIVISIONS; SURVEY AND PLAT REQUIRED; CONTENTS OF
PLAT, RIGHTS OF WAY

The Planning and Zoning Commission reported having considered the matter of the request from Planning staff for preliminary approval of an ordinance to amend the text of the Land Development Code, Section 18-0907, subsection (2) which amendment would allow for the
platting of alleys in subdivisions, 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 January 19, 1999.

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

Council Member Hafner reported this ordinance refers to allowing for alleys in subdivisions, and one of the considerations is the high cost of maintenance, that with an alley have more snow removal, more upkeep, gravel in those areas and wanted to alert council to those issues.

Upon call for the questions and upon voice vote, the motion carried 12 votes affirmative, Council Members Hafner and Martinson voted against the motion.
Council Member Beyer introduced an ordinance entitled “An ordinance relating to the Grand Forks City Land Development code, amending Chapter XVIII, Article 9, Subdivision Regulations, Section 18-0907, Layout of Additions and Subdivisions; Survey and Plat Required; Contents of Plat, subsection (2) Rights of Way”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF KANNOWSKI’S FIRST
ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from John Staley on behalf of the Grand Forks Park District for preliminary approval of the plat of Kannowski’s First Addition to the city of Grand Forks, North Dakota, lying within the South Half of the North Half and within the South Half of Section 28, Township 151 North, Range 50 West of the 5th Principal Meridian (located between 47th and 62nd Avenue South and between South Washington Street and South Columbia Road), and recommended preliminary approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for January 19, 1999.

It was moved by Council Member Hafner and seconded by Council Member Brooks 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 Kannowski’s First Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF GOLDEN HARVEST SECOND
ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Jerry Pribula on behalf of John Campbell for preliminary approval of the plat of Golden Harvest Second Addition to the city of Grand Forks, North Dakota, being part of the West Half of the Northwest Quarter of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian (located east of North 42nd Street and south of 27th Avenue North), 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 January 19, 1999.

It was moved by Council Member Hafner and seconded by Council Member Brooks 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 Golden Harvest Second Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE CHANGE ORDER FOR THE AURORA

The Events Center Core Committee reported having considered the matter of design change order for magic carpet system, and recommended that we approve the change order for $35,000 to the contract with Schoen and Associates and Johnson Laffen Architects to design the magic carpet system for the building to be bid as an alternate.

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

The Events Center Core Committee reported having considered the matter of CIN #130.04, and recommended that we approve the change to Swingen’s contract in the amount of $3,986.00 to receive the pile at grid A4/4.

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

APPROVE PROJECT PROCEDURES MANUAL FOR THE
AURORA

The Events Center Core Committee reported having considered the matter of project procedures manual, and recommended that we approve the manual as presented.

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

Terry Bjerke, 5356 5th Avenue North, stated he believed he found an inconsistency in the funding for The Aurora project, and that in this item on this manual, it states we need to fill the commitments made to people of the city of Grand Forks when this project was approved and successfully create the premier sports entertainment/convention facility in the region with the approved budget. He stated he is against The Aurora, that it’s not an Aurora , it’s a tax issue with him. He commented on an article that had been published in the newspaper relative to funding for events center road project; and that he believes he has established at this point that they’re attempting to use the 1% city sales tax funds for use for the Aurora off-site infrastructure. while The Aurora funds were to be used for off-site infrastructure and not the 1% city sales tax, and that a promise was made to the citizens not to go over the budget and not to use property tax money. He stated he believes they have four questions that need to be addressed: 1) where did the money go; 2) whom made decision to move that money; 3) and need to examine, are we going to be using unauthorized funds and 4) if the ballot issue says that the ¾ cent sales tax and all of it is to go to The Aurora, and if all of it does go and it’s our only $78 million, and you’re out, how can you use the other money. He stated these are legitimate questions and would like to have either addressed tonight or sent back to committee, but the citizens of Grand Forks need to be answered.

Council Member Carpenter stated this could to back to Core Committee for discussion and response, but inappropriate to discuss it now at this point in time, but that’s under new business. Mr. Bjerke stated his issues should be addressed before they make those decisions. Mayor Owens stated that in the manual there is a provision that states that changes can be made as they proceed, and can approve this manual and changes can be made if seen by the Core Committee and the city council at a later date.

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

APPROVE DEFINED BENEFIT PLAN DOCUMENT AND
ADOPT ORDINANCE NO. 3758.1

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

The Pension and Insurance Committee reported having considered the matter of Defined Benefit Plan Document, and recommended approval of the plan document and second reading of the ordinance (and Committee Member Hamerlik had stipulated that if any revisions were deemed necessary a special meeting would address those concerns prior to this meeting).

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

COUNCIL MEMBERS BROOKS, POLOVITZ AND
BEYER EXCUSED

The city auditor reported that several questions came up for clarification, a question on a spousal benefit that had been in our older plan where a spouse of an employee who had passed away, would receive a 100% benefit at the time the pension would have become active for the deceased employee, that is in the new document and also if it is a former employee no longer employed with the City, there is a 50% spousal benefit; there is no requirement to come in and change that, have to come in ninety (90) days prior to retirement to make your selection whether you will continue the spousal benefit or take a full employee benefit. He stated that a question also came up on payment of the employer’s share at an earlier date, and that was discussed several months ago in the committee and at that time the action taken was to receive and file that; that there is a section in the new plan that allows for earlier payment if the City so determines to do that. He stated those were the two key elements that came up so there really aren’t any amendments that would have to be made to that plan document.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBERS BROOKS, POLOVITZ AND BEYER
REPORTED BACK

APPROVE CHANGE ORDERS FOR CORPORATE CENTER

The Flood Response Committee reported having considered the matter of Mortenson update, and recommended approval of 1) a deductive change order to Hanson Electric in the amount of $80,161.00 for downsizing electrical equipment, 2) change order to Listul Industries in the amount of $31,899.00 for structural steel (tie-in to skyway and existing parking ramp).

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

APPROVE VOUCHER EXTENSION

The Flood Response Committee reported having considered the matter of voucher extension, and recommended that any voucher issued on or before June 1, 1998 must be redeemed no later than February 1, 1999, and any voucher issued after June 1, 1998 will be honored until April 30, 1999.

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

MATTER OF PHASES III AND V REHAB DEADLINES

The Flood Response Committee reported having considered the matter of Phases III and V Rehab deadlines, and recommended closure of Phases III and V for obligation of funds on
March 31, 1999 and disbursement of funds by June 30, 1999.

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

APPROVE CONCEPT PLAN AND APPROPRIATE
FIGURES ACCUMULATED BY ENGINEERING DEPARTMENT
ON SOUTHEND DRAINWAY AND PARK CONSTRUCTION
IN SECTION 28

The Flood Response Committee reported having considered the matter of Southend Drainway and park construction in Section 28, and recommended approval of the concept plan and that
appropriate figures be accumulated by the Engineering Department.

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

REAFFIRM FUNDING FOR KANNOWSKI PUD
INFRASTRUCTURE COORDINATION

The Flood Response Committee reported having considered the matter of reaffirming funding for Kannowski PUD infrastructure coordination, and recommended approval to reconfirm that the money for infrastructure coordination for the Kannowski PUD come from CDBG administration funds.

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

REFER MATTER OF FUNDING FOR INFRASTRUCTURE
MAPPING BACK TO COMMITTEE

The Flood Response Committee reported having considered the matter of funding for infrastructure mapping, and recommended approval to authorize staff to prepare an RFP for city mapping upgrades.

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

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

HOLD ITEM RE. MATTER OF 214-216 DeMERS AVENUE

The Flood Response Committee reported having considered the matter of 214-216 DeMers Avenue and recommended that we not buy the property, but direct the DDC, with the help of staff, to work out an exception to our program on this particular piece of property, and by exception is meant to include it back into the zone that we drew it out of; it would still have to go by the same guidelines the other businesses downtown have had to go by, including having someone to lease the property.

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

The city auditor reported that Mike Lander had requested this matter be held until the next meeting. It was moved by Council Member Glassheim and seconded by Council Member Brooks to hold this matter to the next agenda. Carried 14 votes affirmative.

APPROVE BUYOUT PROGRAM DEADLINES

The Flood Response Committee reported having considered the matter of Buyout Program deadlines, and recommended the last day to sign up for the Phase IV Voluntary Buyout Program be December 31, 1998.

The Flood Response Committee reported having considered the matter of Buyout Program deadlines, and recommended that the purchase agreement deadlines for Phases 1A, III and IV be set for March 1, 1999.

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

Council Member Bouley stated that City wants to close programs but what are homeowners to do. Council Member Hafner stated their intention was to close IV because of the difficulty in attaining buyout prices and could be and should be revived under another plan. Mr. Swanson stated that Council Member Hafner is correct and thinks that the council will have to give consideration to another form of acquisition in the future, and that he’s confident the parameters will change significantly from what they presently are, but the other point that is of most importance is that one of the things they are doing is establishing an application deadline, a sign-up deadline, so you know who is attempting to participate, for those people that have already signed up, the initial deadline does not affect them, later deadlines may however.

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

REFER MATTER OF PEDESTRIAN BRIDGE REMOVAL
BACK TO COMMITTEE

The Flood Response Committee reported having considered the matter of pedestrian bridge removal, and recommended approval of up to $100,000 in reallocated CDBG funds for the pedestrian bridge removal project contingent upon Corps of Engineers review of mitigation efforts, and that the bridge is not removed without future council approval.

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

Connie Triplett, 1807 Willow Drive, stated she didn’t know what the proposal was for the $100,000 of CDBG funds, and didn’t know why should be looking at this bridge destruction outside of the Army Corps of Engineers planning process which is still a long ways from being completed. She stated she had conversation with Lisa Hedin about this months ago when she first heard her in a public presentation talking about their proposal to request the city council to consider the bridge removed and Ms. Hedin said that it had nothing really to do with removing the bridge, only had to do with the Corps’ deciding where and how high levee should be, and for their planning purposes they needed to treat the bridge as though it weren’t there to save that six tenths of a foot that they talk about in their letter of comparison report; that people could come up with ideas of how to reduce the water elevation some other way and they would be happy to work with citizens and groups who come up with ideas and felt fairly confident at that point that there would be time for discussion; and that she now saw in the paper that trying to proceed to get rid of this bridge before next spring.

Council Member Hafner stated this was brought to committee by Mr. Vein because there has been concern and a lot of worried people in this city about a possible flood and what’s going on, and would rather refer to this as flood control as opposed to bridge destruction. He stated that part of their discussion at this meeting was historical mitigation, and were looking into further issues about what could be done in order to mitigate this historical bridge, and didn’t think they were going to try to do something without addressing the historical significance, and assuming what her concern is. He stated there was discussion about whether a center support could be put underneath to hold the bridge up and still remove the center part or if part of the turn could be moved and put on display so that future generations could view it, and not at a point where they’re going to let bids to remove it, it’s to start the process going. Mrs. Triplett stated that the center part of the bridge is the historical part of the bridge, and need to be looking at other ways of increasing the flow around the center pier and not talking about removing the center pier, because if remove the center pier, might as well remove the bridge. Council Member Hafner reported that Lonnie Winrich was there and expressed concerns about holding the bridge up or moving mechanical part of the turret but didn’t say anything about the center part of it, and center part is the problem. Mrs. Triplett asked when it would be appropriate to have the discussion, and if tonight isn’t, that to let her know when.

Council Member Carpenter stated he reconsidered his vote for this at Flood Response and thinks this was the reaction to a major snowstorm in the middle of November and was brought forward with the best intentions and we reacted with best intentions, and urged council to vote no on the request.

Council Member Hafner stated he wanted to remind them that the Corps study is being done on the basis that this bridge is being removed. Council Member Bakken stated that they had voted on the fact that they were going to take the bridge out as a part of the project and had committed to that to the government quite some time ago. Mrs. Triplett stated that in talking with Lisa Hedin what the Corps asked city council and what they approved was for them to be allowed to consider the bridge as though it were removed for their planning purposed for deciding where the levees go and how high the levees need to be and their assessment is that the removal of the bridge would make a difference of six tenths of a foot max. in the river gauging station, so if they find a different way of accomplishing the same objective of reducing the water level by six tenths of a foot at the gauging station, the Corps should be happy, that they don’t need to have the bridge out if can accomplish the same water surface elevation objective in a different way. Council Member Beyer stated that if this is the way it is being interpreted and way it is, the difference becomes a betterment, and if bridge is to stay and they can accomplish that six tenths of a foot some other way, will become a betterment, and can be discussed later; however, she did understand that the bridge was to be removed.

Mr. Grotte reported that if they do use CDBG money would have to through the same programmatic agreement that they have for the Corps project and that’s lengthy process, that he has been to several meeting with the Corps of Engineers and its been pretty much a given that the bridge would be gone, and that’s what they based their design on, and if do something different now, will change their design.

Council Member Hafner stated that if can’t use block grant funds to do this, he would make a motion that they make it back to committee for further study. Carpenter seconded the motion to send it back to committee.

MATTER OF CONGRESSIONAL 1 AND 2

The Flood Response Committee reported having considered the matter of homes in Congressional 1 and 2, and recommended to Grand Forks Homes that they not lower the price of their homes, and that we direct staff to bring forth a long-term proposal for City assistance with the Congressional 1 and 2 Subdivisions.

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

Council Member Martinson stated he has several questions relating to this matter: 1) amount of interest that might be coming due on notes, when payable and what kind of dollars are they talking about to service the interest on the notes; 2) taxes will be coming due and could conceivably be about a $2 million tax liability due February 15, and would like clarification on that as well as cost of advertising that has been spent to date and amount of insurance premiums paid by Grand Forks Homes, cost on what utilities and maintenance for removal of snow from driveways and sidewalks. He stated he would like a copy of Grand Forks Homes’ operating statement before he would consider advancing them additional money and would like information within a reasonable length of time. Mr. O’Leary stated there was not a problem with any of those items.

Council Member Martinson moved an amendment to the motion that the mayor appoint a task force comprised of a lender, an appraiser, a real estate broker, a land developer, a rep. from Grand Forks Development, a rep. from Grand Forks Homes, and this task force be put into place almost immediately. Council Member Martinson withdrew his motion and that he would do this under new business.

Council Member Lunak questioned number of houses built when survey stated that majority of people to be replaced would move southwest or south and only 10% go northwest. Mr. O’Leary reported they looked at total demand for housing, had two resolutions, one came out of the Mayor’s Committee that recommended that a non-profit corporation build at least 200 homes and that committee was composed of a group appointed by the Mayor and the city council to look at the housing stock in the summer of 1997. He stated that in addition, that group was charged with looking at the entire housing situation in Grand Forks and that group came out with a unanimous recommendation that a non-profit corporation proceed with the construction of at least 200 new homes, that report came back to the city council and was approved by the city council.

Council Member Lucke stated he wasn’t sure of the point of the motion, that if it’s validating the cost of these homes, which is the sales price, that he’s not in a position to validate that, and that he thinks the infrastructure ran about 50% higher than it would have under good times, but didn’t pass along the high costs of the lots to people for good and logical reasons, and yet going to try to pass along the cost of the infrastructure, that if we make this motion becoming liable for the day that maybe the price has to be reduced because of the location of these lots.

Council Member Brooks stated that we are in no position to be directing or urging Grand Forks Homes not to drop the price, we don’t have enough information to know that, but to put plan together.

Council Member Glassheim urged vote for this, that it’s our advise to Grand Forks Homes that we not drop the price; that we should give staff time to come up with their plan but should reassure and settle the market that we’re not going to recommend dropping the price; approve motion, and figure out other ways of dealing with this.

Council Member Hamerlik stated concerns that we have no legal responsibility at all for those homes, we shouldn’t tell them what to do, but more concerned about directing staff to bring forth a long term proposal for City assistance, but next time around may have another request for additional monies. Council Member Hafner stated motion is to recommend and asking for some ideas.

Council Member Carpenter stated he supports motion and thinks it’s an appropriate motion because what was felt in the community and what is still felt in the community is that the city council supports reducing the pricing of those homes and doesn’t think we do, because if we do
should be willing to kick in a lot of money for a lot of houses because that would be needed. He stated the impression out there is to counteract that and that’s what the purpose of the first part of this motion is; because of our involvement in this and because of different debates and different discussions we are hurting this project, and believes we need to provide a proposal to help assist this project.

Council Member Bakken stated reason we have these homes is because we are doing duty to the public as they requested at that time, that we did something in conjunction with Grand Forks Homes, that Grand Forks Homes went into this on good faith with the City so we do have some obligations to them, it didn’t work out the way envisioned or maybe way people envisioned it, but had another housing study done and these homes will sell over the next 3 to 4 years, and don’t need to be doing anything other than stating that we are standing behind the project we started in good faith, and are only recommending to Grand Forks Homes and letting citizens know that there’s not going to be a fire sale on this project.

Mr. Swanson stated for the record and background information, the council does need to be aware that Grand Forks Homes is not an agency nor entity of the City, it is in fact an independent non-profit corporation, to the extent that the City has a financial involvement, either on the project or with the entity, you do have a legal liability, the increase in entanglement or involvement with another entity, whether non-profit or for profit, can in some instances become a joint venture and can increase your liability, not only to your joint entity you’re acting with, but also to third parties. He stated he is somewhat concerned that over the number of months that this issue has been debated, both in media and other places, the phrase “we” comes up quite often and never identified who the “we” is, and thinks it’s very important in any of your discussions and in your debate and deliberation identify which parties it is you’re discussing or taking action with or for. He stated that the staff involvement to this point is by virtue contractual relationships between the Housing Office and Grand Forks Homes, and he takes no position on the motion before you other than to encourage you to keep in mind the distinction of various entities in relationships that may or may not exist among those entities.

Council Member Hamerlik moved to divide the question; Council Member Martinson seconded the motion. Upon voice vote the motion carried.

Upon call for the question on the motion recommending to Grand Forks Homes that they not lower the price of their homes, and upon roll call vote, the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Polovitz - 10; voting “nay”: Council Members Lunak, Martinson, Brooks, Lucke - 4. Mayor Owens declared the motion carried.

Upon call for the question on the motion that we direct staff to bring forth a long-term proposal for City assistance with the Congressional 1 and 2 Subdivisions.

It was moved by Council Member Glassheim to amend the motion to this part of the question and to substitute the following words “for City assistance with the..” and substitute “..marketing and managing the inventory of homes in..” so the motion would read “..that we direct staff to bring forth a long-term proposal for managing the inventory of homes in Congressional 1 and 2 Subdivisions” so the plan rather than focusing on the plan bringing forth City assistance, the plan would be broader plan to manage the inventory of homes in Congressional 1 and 2. Council Member Carpenter seconded the motion.

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

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

CONTINUE FLOOD RESPONSE COMMITTEE WITH
CHANGE IN NAME AND FINANCIAL AUTHORITY

The Flood Response Committee reported having considered the matter of Flood Response Committee role, and recommended that this committee continue and that it’s purpose be to deal with the flood protection plan; and other multi-committee items.
It was moved by Council Member Carpenter and seconded by Council Member Glassheim that this recommendation be and is hereby approved.

Council Member Beyer moved to divide the question as follows: 1) that the committee continue as a flood protection plan, and 2) adding that they deal with issues that are multi-committee items; seconded by Council Member Hamerlik. Carried 14 votes affirmative.

It was moved by Council Member Carpenter to change the name of the committee to “flood protection committee”; and seconded by Council Member Beyer. Upon voice vote, the motion carried 14 votes affirmative.

There was some discussion relative to the matter; Council Member Hafner explained that when the committee was discussing this at their last meeting, the sole purpose was to transform this committee into flood protection, and then the matter of issues came up re. multi-committee that had just occurred and it was suggested that be added into the motion, but their focus was to end flood response and deal with flood protection issues.

Council Member Klave stated that when the flood response committee was formed, it included one member from each of the standing committees so that when things were discussed there was a person from each committee so that they could come back if things crossed lines into other committees. Council Member Babinchak stated that the membership of the committee should not be changed as suggested because any council member can go to the meetings, offer information they want, that keeping same committee lends to continuity in the programs already there, familiar with those programs, and everyone has opportunity to pull an item or offer comments at the committee meeting or council meeting.

Council Member Martinson called for the question.

Upon call for the question on the motion 1) that the committee continue and that its purpose be to deal with flood protection plan and further that the committee be called the flood protection committee; and upon roll call vote, the following voted “aye”: Council Member Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley - 13; voting “nay”: Council Member Lunak - 1. Mayor Owens declared the motion carried.

Upon call for the question on the motion 2) and dealing with issues that are multi-committee items.

It was moved by Council Member Hamerlik and Council Member Beyer that an amendment be made to the motion that the staff and committee have same financial authorization and responsibility as other committees, which is a $10,000 maximum. Carried 14 votes affirmative.

Upon call for the question on the second part of the question, as amended, and upon roll call vote, the following voted “aye”; Council Member Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Hamerlik, Bouley , Glassheim - 11; voting “nay”: Council Members Lunak , Polovitz, Lucke - 3. Mayor Owens declared the motion carried.

APPROVE PORTIONS OF 1999-2004 CAPITAL
IMPROVEMENTS PROGRAM

The Capital Improvements Committee reported having considered the matter of 1999-2004 Capital Improvements Program, and recommended approval of the 1999-2004 Capital Improvements Program.

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

Dennis Potter, city planner, stated that staff was requesting that they downsize their consideration and not consider the entire capital improvements program but only consider the elements that were included in packets given to council members: Transit Plan (Table 11), Transportation Plan (Table 12) and Bikeway Project (Table 14) for years 1999-2004 as they need to have these elements acted on by the city council so can submit them to the MPO at their meeting on Thursday of this week so then can go into the MPO Plan and ultimately be funded by the State and Federal Agencies; and reported an increase in cost for 42nd Avenue and DeMers overpass from $6 million to $6.659 million.

COUNCIL MEMBER MARTINSON EXCUSED

Charles Durrenberger reported that this morning they received an updated estimate on 42nd Street grade separation from the city engineering office and that the new figure for the separation project be increased to $6.659 million rather than the $6 million and additional costs for additional acquisition of R/W north of DeMers. He stated that in original configuration there was land purchased on the southwest corner of the intersection under a Federal Advanced R/W Program, however, they’ve changed the design of the structure and are required to acquire more property on the northwest corner of the intersection, with the additional cost be added to the project; and are requesting that the council approve authorizing staff to submit projects to the State Department of Transportation for funding approval.

Mr. Potter stated they are asking council to act upon Table 11 in the overall improvements program, Table 12 and Table 14 for 1999-2004 and balance held.

Council Member Carpenter moved an amendment to the motion to consider the Transit Plan (Table 11), Transportation Plan (Table 12) and Bikeway Project (Table 14) for the years 1999-2004, and to table balance of the Capital Improvements Program, and further to amend the dollar amount for 42nd and DeMers to the $6.659 million. Council Member Babinchak seconded the motion.

COUNCIL MEMBERS BEYER AND LUNAK EXCUSED

Charles Grotte, asst. director of public works, stated they would agree with that but would request that the remainder of the program be brought to a meeting of the CIP Committee as soon as possible.

Upon call for the question on the amendment and upon voice vote, the motion carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote the motion carried 11 votes affirmative.

APPROVE APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Owens announced the appointment of Frank Harlow to the Dial-a-Ride Committee for a two-year term; Kenneth Dawes to the Library Board for a three-year term; Corey Cleveland to the Growth Fund for a three-year term; and Ernie Norman to the Housing Authority for a five-year term. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that these appointments be and are hereby approved. Carried 11 votes affirmative.

COUNCIL MEMBERS BEYER AND MARTINSON
REPORTED BACK

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: CDBG estimates in the amount of $339,268.38; regular estimates $1,946,717.54; and Flood Related from FEMA, $401,600.31 for a total of estimates of $2,687,586.23.

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

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Street Lighting Project No. 4506, District No. 115; Street Lighting Project No. 4635, District No. 120; Street Lighting Project No. 4636, District No. 121; Street Lighting Project No. 4637, District No. 122; Street Lighting Project No. 4639, District No. 124; 1998 Sidewalk Project No. 4720; 1998 Asphalt Street Repair Project No. 4722; Traffic Signal Project No. 4780; Paving Project No. 4801, District No. 557.

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

COUNCIL MEMBER LUNAK REPORTED BACK

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Carpenter presented the matter of questions raised by Mr. Bjerke and the matter was referred to the Core Committee.
2) Council Member Hamerlik presented question of why pedestrian light on State and Stanford Road had not been installed, and the matter referred to public safety committee.
3) Council Member Brooks presented the matter of size of city council, the matter was referred to the urban development committee.
4) Mr. Swanson presented several matters: the matter of ordinance amending selected fines and penalties in Chapters 8 and 9 dealing with traffic offenses and other offenses, which was referred to the public safety committee; that his office will be distributing to council members and departments Supplement No. 8 to the City Code and are still waiting for the additional Code books. He stated he had attended the International Municipal Lawyers Assn. meeting recently and will be distributing a list of papers available.
5) Council Member Hamerlik presented the matter of referral to the flood protection committee, the matter of membership and possibility of alternates to that committee in event of long time absences.

APPROVE REQUESTS FOR FIRST NIGHT ACTIVITIES

Committee No. 2, Public Safety, reported having considered the request from Steering Committee for First Night Greater Grand Forks celebration on New Year’s Eve: a) placement of portable restroom facilities, and b) traffic lights; and recommended to approve requests contingent upon review of traffic engineer re. traffic lights downtown being left on daytime setting.

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

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Klave that we do now adjourn until Monday, December 21, 1998 at 7:30 p.m. Carried 14 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_______________________________
Patricia A. Owens, Mayor