City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 16, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Tuesday, February 16, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; absent: Council Members Polovitz, Glassheim, Bakken - 3.

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.

REPORT FROM GRAND FORKS HOMES, INC.

Sally Page, president of Grand Forks, Homes, Inc., stated that council has requested a detailed status report of Congressional I and II Housing Project of which City has been significant contributor and aligning the issues for them and making a request of the Housing Authority as well as Grand Forks Homes to identify the needs of the community post-flood., that their projections post-flood were certainly significant losses of 1000 to 1200 residences and the loss of those property taxes. She stated that current statistics tell them that they are already down 800 and as the new dike alignment comes into perspective an additional 300 to 400 residences may be affected and some isolated areas. She stated that one of the concerns that the council has had in dealing with some of the issues coming before them has been the projection of Grand Forks Homes and the sale of the projects. She stated that the development of the program was taken as one mass housing development rather than what the private sector would normally do, to build few houses, sell them and as one sells put another on line; but given the situation that they encountered this was not advisable, had people requiring housing for the community and the question was, how were they going to do this. She stated their expectations were that they would have the bulk of the properties up and in hands of new homebuyers and that did not happen, that their projection said that by the end of 1999 the properties would be sold. She stated that in bringing the houses on line it was difficult to provide the appropriate atmosphere to actually sell them during that period of time; that they have looked at the sales projections over a three-year period and the possible additional cash injection into this activity within that three years; and have provided council with a report. She stated that if things sell within the first year there is no particular difficulty or problem of any magnitude, however, if they incur additional carrying costs and what they’ve done is put together a presentation for the council which reflects the major parts of the report. She stated that Dwaine Espegard, president and CEO of Bremer Bank and John Snustad, president of U.S. Bank were able to put these together and they are major lenders for Grand Forks Homes and Grand Forks Homes wants council to be able to look at all of the details.

Dwaine Espegard, president of Bremer Bank, stated that along with John Snustad have done some work with Grand Forks Homes and with Urban Development Department and will attempt to give council some basic information with regards to the project at Grand Forks Homes, and bring the council up to date to make decisions as you go forward in the project.

Mr. Espegard reported that in the fall of 1997 the Office of Urban Development asked the Grand Forks Homes to help them sponsor a project to replace some of the homes that were lost and Office of Urban Development assured Grand Forks Homes that there would be support to them if they needed it. A loan from Fannie Mae was granted to Grand Forks Homes for $7.7 mil. and that money was to be used for infrastructure in the project and a $10,150,000 bond was issued for the construction, that Grand Forks builders constructed the homes, that there were homes in the Burdick’s Addition and these homes sold immediately, that the homes in Congressional I and II were slow because of construction in the area, loss of population, limited amenities and homes not ready until this past fall. He outlined the goals for the project: 1) rebuild tax base of Grand Forks, over $20 mil of new tax base established; 2) provide immediate and affordable homes for the people that needed them after the flood; 3) that the housing project does not become a burden on the taxpayers of the city of Grand Forks and 4) that Grand Forks Homes continue with its mission of providing affordable homes in the city.

Mr. Espegard stated that the project consists of 32 homes built and sold in Burdick’s after the flood, 193 homes contracted in Congressional I and II, 175 are for sale, 9 capped at basement level for the winter, and 9 sold. He stated there were a number of lots developed, 14 lots developed in Congressional I and 55 in Congressional II, and 34.5 acres of vacant land adjacent to the west side of Congressional I, includes lots, vacant land and is a very large project.

Mr. Espegard reviewed expenses and sources of funding for the project.

He also reviewed projections over a three-year time frame and possible additional cash injection into this activity within that time frame. He stated that to complete the project it’s $1.9 mil and cost approx. $4 mil to carry the project, the project still needs somewhere in the neighborhood of $5,860,000 to finish the project, so project is short $4,434,000. He stated there are $6.8 mil in the project and if need $4.4 more to complete the project and to carry it for three years, need approx. $11,238,000 to cash flow the project. He stated that they need total of CDBG funds of $8,837,297 and that council needs to move adequate funds, whatever they are, to make sure this project is funded. He stated that the City of Grand Forks is in this project for lot of good reasons and because of the flood and council needs to support the project with adequate CDBG funds. He stated it is Grand Forks Homes’ request that you support the project by allocating the needed funds to this project.

Pete Nikle stated his opposition to City picking up special assessments on these properties, and not fair to give out of taxes. Mr. Espegard stated that the marketing committee will be looking at all kinds of ways in which to market the homes.

Jeff Hoberg, 2111 Chestnut Street, general manager for Results Radio, stated he has some concerns regarding the Congressional Homes project and the city council’s involvement, that in the past few months Grand Forks Homes has spent nearly $80,000 marketing the Congressional Homes project for the months of September - December with two radio stations while other radio stations charge less with double and triple the audience listenership. He stated that it was stated in the Grand Forks Herald that Grand Forks Homes has no money, and questioned how a non-profit organization with no money borrow $22 mil. for this project. He stated that the City of Grand Forks is involved and the Grand Forks taxpayer will ultimately be responsible for any shortfalls incurred by Grand Forks Homes, that Grand Forks Homes can only operate if the City continues to fund them. He stated that since the council is the sole provider of their funds at this point, you need to suggest that they move in another direction. He stated if we are going to see this project take on a new life and re-energize home sales in this project, doesn’t it make sense to involve all the media in town, using 10 radio stations, using local newspapers and television stations rather than single out just two radio stations out of 10, don’t become our competitor by joining our competition in a radio promotion, rather get them all involved and see what the entire group of media can accomplish when they all work for one common goal, make them all feel a part of the City’s regrowth.
Council Member Lucke stated that tonight was first he was aware there was a legal liability because they’ve been told that on the $10 mil., on $3 mil and on $7.3 mil that City had no legal liability, and asked for clarification. Mr. Espegard stated there is no liability on the City on the $3 mil and the $10 mil, those are bonds and secured by the property, that there is a loan for $7.75 million that is to Grand Forks Homes, is a co-loan and is covered in the presentation and that Grand Forks Housing Authority has signed the note. It was noted that Grand Forks Housing Authority is not the City of Grand Forks. Council Member Lucke stated they finally have the audit information that they’ve been waiting for and would like to see a participation where the properties that Grand Forks Homes has can be looked at for second mortgages and participate in the solution, and perhaps same lenders who are as concerned as council about solving this will step up to the plate and help with second mortgage financing on those housing projects.

Council Member Brooks stated that we have information and moved to refer this matter to a joint meeting of Urban Development and Finance Committees to review and with adequate financial information make a recommendation to the council concerning funding or other appropriate action. Council Member Martinson seconded the motion.

Doug Christensen, 19 Inland Hills, stated he’d been aware of some of these numbers for several weeks and would hope they would put a deadline on this and ask to have this information back because they are asking $6 to $9 mil. out of CDBG money and as council moves forward with other plans and money has been proposed or has been allocated for some projects, to make sure funding is there.

Upon call for the question the motion carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3770, RELATING TO LAND
DEVELOPMENT CODE, SUBDIVISION REGULATIONS,
LAYOUT OF ADDITIONS AND SUBDIVISION, SURVEY
AND PLAT REQUIRED, CONTENTS OF PLAT, RIGHTS
OF WAY

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 had been introduced and passed on its first reading on December 7, 1998, and upon which the public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Planning staff for final 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 final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hafner and Babinchak.

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

ADOPT ORDINANCE NO. 3771, RELATING TO LAND
DEVELOPMENT CODE, ZONING, RULES AND
DEFINITIONS FOR B-3 (GENERAL BUSINESS) DISTRICT

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 Section 18-0216, B-3 General Business District”, which had been introduced and passed on its first reading on January 19, 1999, 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 to make comments on this matter. There were none and the hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Planning staff for final approval of an ordinance to amend the text of the Land Development Code Section 18-0204, subsection(2) Definitions and Section 18-0216, subsection (2) and subsection (3) which would define contractors’ offices, shops and yards; would permit contractor’s offices in the B-3 (General Business) District and contractors’ shops by conditional use and under special conditions, and recommended final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hafner and Babinchak.

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

ADOPT ORDINANCE NO. 3772, RELATING TO LAND
DEVELOPMENT CODE, RULES AND REGULATIONS,
PARABOLIC ANTENNAS

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 3, Rules and Regulations; Section 18-0310, parabolic antennas”, which had been introduced and passed on its first reading on January 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the City Planning Office for final approval of an ordinance to amend the Land Development Code parabolic antenna, Section 18-0310, to better accommodate the smaller dishes currently being used, and recommended final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hafner and Babinchak.

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

HOLD PUBLIC HEARING AND APPROVE CHANGES
IN USE OF 1998 AND 1999 CDBG ENTITLEMENT FUNDS

The city auditor reported that the public had been invited to submit written comments on the proposed amendment for a 30-day period starting on Monday, January 11, 1999, that Urban Development held a public hearing on January 27, and with the city council to take action on this matter this evening.

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

Committee No. 4, Urban Development reported having considered the matter of the 1999 Supplemental CDBG Program, and recommended approval to start the process with dates to be determined, public notice for applications by non-profits, public testimony, application review and public hearings.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hafner and seconded by Council Member Klave that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 11 votes affirmative.

Finance Committee:
1) matter of Parking Authority budget.
2) matter of performance contracting

Urban Development Committee:
1) matter of purchase of 250 Levee Street
2) matter of third round sale of surplus garages
3) mater of Mortenson change orders
4) matter of Phase III buyout extension request
5) matter of Industrial Park pump station

APPROVE BILLS

Vendor Payment Listing No. 99-02, dated February 16, 1999, totaling $4,294,718.74, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Hafner and seconded by Council Member Bouley that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

AUTHORIZE HIRING FIRE CHIEF UNDER CONTRACT

The Committee of the Whole reported having considered the issue of contract or civil service hiring of fire chief, and recommended that we hire the next fire chief under a contract position.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 10 votes affirmative; Council Member Martinson voting against the motion.

APPROVE ABATEMENT OF 1997 TAXES ON PROPERTY
AT 804 SOUTH 19TH STREET

Committee No. 1, Finance, reported having considered the matter of application for abatement of 1997 taxes by Tim Holum, 804 South 19th Street, and recommended approval of an abatement of $12,600 for Mr. Holum’s 1997 taxes.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ABATEMENT OF 1997 TAXES ON PROPERTY
AT 1412 WALNUT STREET

Committee No. 1, Finance, reported having considered the matter of application for abatement of 1997 taxes by David Evers, 1412 Walnut Street, and recommended approval of an abatement of $3,800 for Mr. Evers’ 1997 taxes.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

DIRECT NO FURTHER NEGOTIATION FOR SALVA-
TION ARMY PROPERTY ON UNIVERSITY AVENUE
AND DISCOUNT FOR FUTURE CITY PARKING

Committee No. 1, Finance, reported having considered the matter of Salvation Army property on University Avenue, and recommended that we do not enter into further discussion or negotiation for the Salvation Army property on University Avenue and discount that area for future parking.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

INTRODUCE ORDINANCE RELATIVE TO EFFECTIVE
DAY OF STEP INCREASE RE. CHANGE IN PAYROLL
SYSTEM

Committee No. 1, Finance, reported having considered the matter of request to amend City Code Section 6-0407, regarding effective day of step increase re. change in payroll system, and recommended that we authorize and pursue a change in City Code 6-0407 to indicate the day of hire or promotion rather than the 1st or 16th of each month and introduce for first reading.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 6-0407 of the Grand Forks City Code relating to pay increases”, which was presented, read and passed on its first reading.

APPROVE TRANSFER OF SICK LEAVE

Committee No. 1, Finance, reported having considered the matter of transfer of sick leave, and recommended approval to transfer up to 500 sick leave hours from Barry to Cheryl Arntz.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

REFER APPLICATION FOR CLASS IV ALCOHOLIC
BEVERAGE LICENSE FOR FIRE ISLAND GRILL AND
BAR, 3615 GATEWAY DRIVE, BACK TO COMMITTEE
WITH POWER TO ACT

Committee No. 2, Public Safety, reported having considered the application for Class IV (Food and Beverage Establishment) by TRJ Foods, Inc. dba Fire Island Grill and Bar, 3615 Gateway Drive (Terry and Ruth Jenson, formerly Highway Host), and recommended that we grant the application based upon the favorable review of the health and fire departments and the city attorney.

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

Mr. Swanson asked that this matter be referred back to committee with power to act. Council Members Carpenter and Babinchak referred this matter back to the public safety committee with power to act. Carried 11 votes affirmative.

INTRODUCE ORDINANCE PROHIBITING SMOKING
IN CIVIC AUDITORIUM

Committee No. 2, Public Safety, reported having considered the matter of smoking policy in City buildings, and recommended that based on the information provided by the public health department that we recommend to the city council to consider passing an ordinance prohibiting smoking in the Grand Forks civic auditorium.

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

Mr. Swanson reported that Section 6-0910 prohibits smoking in any city vehicle or in other city buildings except as otherwise might be designated.

After some discussion during which it was stated that an organization/group renting the civic auditorium should have the ability to make that decision, and upon call for the question and upon voice vote, the motion carried 9 votes affirmative; Council Members Bouley and Babinchak voted against the motion.

Council Member Martinson introduced an ordinance entitled “An ordinance amending Grand Forks City Code Section 2-0510 relating to smoking prohibited in civic auditorium”, which was presented, read and passed on its first reading.

APPROVE PARKING MANAGEMENT STRATEGY
FROM CENTRAL BUSINESS DISTRICT ASSOCATION

Committee No. 2, Public Safety, reported having considered the matter of street parking signs in downtown area, and recommended to accept the street parking management strategy from the Central Business District Association.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4371,
WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, reactor tanks and distribution structure, Wastewater Treatment Plan, City Project No. 4371, and recommended to approve Change Order No. 1 in the amount of $55,278.00.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CONRACT WITH SHANNON & WILSON
FOR PRELIMINARY GEOTECHNICAL ENGINEERING
SERVICES FOR PROJECT NO. 4769, RAW WATER
INTAKE AND TRANSMISSION LINES
Committee No. 3, Public Service, reported having considered the matter of geotechnical engineer for raw water intake and transmission lines, Project No. 4769, and recommended to approve contract with Shannon & Wilson for proposed scope of work and associated cost to provide preliminary geotechnical engineering services associated with the referenced project in the amount of $14,000.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NOS. 4970 AND 4971

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services, design engineering, Advanced Engineering, Project No. 4970, watermain replacement on Columbia Road from DeMers to University and connection to UND water tower and Project No. 4971, water tower level controls (CDBG), and recommended to approve the engineering services agreement in an amount not to exceed $126,796.00, CDBG funding for construction but not design work.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES,
PROJECT NO. 4806, MILL ROAD REHAB

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services for design engineering, KBM, Inc., project No. 4806, Mill Road rehab., and recommended to approve preliminary engineering agreement for design on Project No. 4806, in the amount of $42,044.23, CDBG eligible.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES,
PROJECT NO. 4983, PUMP STATION 27

Committee No. 3, Public Service, reported having considered the amendment for engineering services, design engineering, WFW, Project No. 4983, Replace Pump Station 27, and recommended to approve design engineering agreement with Webster, Foster & Weston in the amount of $40,602.00.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 4854, SEWER REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services, design engineering, Webster, Foster & Weston., Project No. 4854, sanitary sewer forcemain replacement on Columbia Road from 17th to 24th Avenues South, and recommended to approve agreement for design engineering with Webster, Foster & Weston in the amount of $39,740.00.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

SUSPEND AGENDA

It was moved by Council Member Carpenter and seconded by Council Member Hafner that we suspend the reading of the rest of the public service agenda items. Carried 11 votes affirmative. Council Member Hamerlik asked that the item relating to additional sewer plug purchases for second line of flood defense be read.

APPROVE AMENDMENT NO. 13 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4925,
STORM SEWER ON PORTION OF 47TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered an amendment to engineering services agreement, Amendment No.13, design, Greater Forks Engineering Group, Project No. 4925, storm sewer on 47th Avenue South from Columbia to South 20th Street, CDBG, and recommended to approve Amendment No. 13 to the engineering services agreement with Greater Forks Engineering Group in the amount of $23,510.00.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 14 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NOS. 4878 AND
4881, WATERMAIN PROJECTS

Committee No. 3, Public Service, reported having considered amendments to engineering services agreement, Amendment No. 14, design, Greater Forks Engineering Group, Project Nos. 4878 and 4881, watermain on Columbia Road from 36th to 47th Avenues South, and on 47th Avenue South from Columbia Road to South 20th Street, CDBG, and recommended to approve Amendment No. 14, design, to the engineering services agreement with Greater Forks Engineering Group in the amounts of $21,600.00 and $15,271.00, respectively.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4839, DISTRICT NO. 264

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4839, District No. 264, watermain on South 20th Street from 40th to 47th Avenues South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7660 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4839, DISTRICT NO. 264

The city auditor presented and read the engineer’s report on Watermain Project No. 4839, District No. 264: Document No. 7661 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4839,
DISTRICT NO. 264

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7662 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4919, DISTRICT NO. 265

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4919, District No. 265, watermain on 45th Avenue South from South 20th to South 25th Street, and on South 25th Street from 45th to 47th Avenues South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7663 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4919, DISTRICT NO. 265

The city auditor presented and read the engineer’s report on Watermain Project No. 4919, District No. 265: Document No. 7664 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4919,
DISTRICT NO. 265

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7665 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4939, DISTRICT NO. 401

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4939, District No. 401, storm sewer on 45th Avenue South from South 20th to 25th Streets, and on South 20th and South 25th Streets from 45th to 47th Avenue South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7666 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4939, DISTRICT NO. 401

The city auditor presented and read the engineer’s report on Sewer Project No. 4939, District No. 401: Document No. 7667 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4939,
DISTRICT NO. 401

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7668 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4979, DISTRICT NO. 266

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4979, District No. 266, watermain on Perkins 4th Addition , and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7669 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4979, DISTRICT NO. 266

The city auditor presented and read the engineer’s report on Watermain Project No. 4979, District No. 266: Document No. 7670 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4979,
DISTRICT NO. 266

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7671 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4807, DISTRICT NO. 564

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4807, District No. 564, paving on South Washington Street from 40th to 47th Avenues South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7672 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4807, DISTRICT NO. 564

The city auditor presented and read the engineer’s report on Paving Project No. 4807, District No. 564: Document No. 7673 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4807, DISTRICT NO. 564

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7674 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4519, DISTRICT NO. 381.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4519, District No. 381.1, sanitary sewer on Cherry Street from 47th Avenue South to Southend Drainway (from future assessment district completed 10/05/98), and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7675 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4519, DISTRICT NO. 381.1

The city auditor presented and read the engineer’s report on Sewer Project No. 4519, District No. 381.1: Document No. 7676 - Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

NOTATION: The following paragraph relating to preparation of plans and specifications was not needed for this project.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4519,
DISTRICT NO. 381.1

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7677 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4520, DISTRICT NO. 252.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4520, District No. 252.1, watermain on Cherry Street from 47th Avenue South to Southend Drainway (from future assessment district completed 9/08/98), and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7678 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4520, DISTRICT NO. 252.1

The city auditor presented and read the engineer’s report on Watermain Project No. 4520, District No. 252.1: Document No. 7679 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

NOTATION: The following paragraph relating to preparation of plans and specifications was not needed for this project.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4520,
DISTRICT NO. 252.1

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7680 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4521, DISTRICT NO. 382.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4521, District No. 382.1, storm sewer on Cherry Street from 47th Avenue South to Southend Drainway (from future assessment district completed 9/08/98), and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7681 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4521, DISTRICT NO. 382.1

The city auditor presented and read the engineer’s report on Sewer Project No. 4521, District No. 382.1: Document No. 7682 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

NOTATION: The following paragraph relating to preparation of plans and specifications was not needed for this project.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4521,
DISTRICT NO. 382.1

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7683 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4236, DISTRICT NO. 353.1

Committee No. 3, Public Service, reported having considered the matter of creating special assessment districts, Project No. 4236, District No. 353.1, sanitary sewer on 24th Avenue South from 36th to 38th Streets (from future assessment district completed 1/02/96), and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7684 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4236, DISTRICT NO. 353.1

The city auditor presented and read the engineer’s report on Sewer Project No. 4236, District No. 353.1: Document No. 7685 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

NOTATION: The following paragraph relating to preparation of plans and specifications was not needed for this project.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4236,
DISTRICT NO. 353.1

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7686 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE ENGINEER’S REPORT, PROJECT NO.
4968, WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports, for Project No. 4968, bottleneck watermain replacement on 28th Avenue south and Washington Street, est. project cost, $41,000.00, 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 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4969,
PHASE II, DOWNTOWN WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4969, Phase II Downtown Watermain Replacement, est. project cost, $3,400.00, 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 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4928

Committee No. 3, Public Service, reported having considered the plans and specifications and call for bids for Project No. 4928, box culvert at the Southend Drainway at S. 18th Street (CDBG), and recommended to approve plans and specifications and call for bids, contingent upon engineering reviewing plans and specifications.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 4807, DISTRICT NO. 564

The engineer’s estimate of total cost of the construction of paving on South Washington Street from 40th Avenue South to 47th Avenue South, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications and call for bids for Project No. 4807, District No. 564, paving South Washington Street from 40th Avenue South to 47th Avenue South, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project contingent upon City review.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7687 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4908, 1999 CONCRETE STREET REPAIRS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications and call for bids for Project No. 4908, 1999 concrete street repairs, and recommended to approve plans and specifications, and to call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4909, 1999 ASHALT STREET REPAIRS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications and call for bids for Project No. 4909, 1999 asphalt street repairs, and recommended that we approve plans and specifications and call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, SIDEWALK
PROJECT NO. 4907

Committee No. 3, Public Service, reported having considered the matter of plans and specifications and call for bids for Project No. 4907, 1999 sidewalk repairs, and recommended to approve plans and specifications and call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4910, ADA CURB RAMP CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications and call for bids for Project No. 4910, 1999 ADA curb ramp construction, and recommended that we approve plans and specifications and call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NOS. 4964 AND 4978, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications and call for bids for Project Nos. 4964 and 4978, watermain replacement on North 5th Street from University to 7th Avenue, and on North 6th Street from 2nd Avenue to 6th Avenue, and recommended that we approve plans and specifications and call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4942, CASTING QUOTES

Committee No. 3, Public Service, reported having considered the matter of plans and specifications and call for bids for Project No. 4942, 1999 casting quotes, and recommended that we approve plans and specifications and call for bids.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE MODIFICATIONS TO PROJECT FOR
SECOND LINE OF FLOOD DEFENSE

Committee No. 3, Public Service, reported having considered the matter of additional sewer plug purchase for second line of flood defense, and recommended to approve modification to the project to increase costs from $54,800 to $58,500.

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, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE TAPPING FEES FOR VARIOUS PRJECTS

Committee No. 3, Public Service, reported having considered the matter of tapping fees for various projects: Project No. 4126, paving Columbia park 22nd and 23rd; Project No. 4169, sanitary sewer, Columbia Park 22nd and 23rd; Project No. 4225.2, paving Washington from 32nd to 40th Street; Project No. 4340, watermain on South Washington Street; Project No. 4418, paving South 34th Street from DeMers to 17th Avenue South; Project No. 4461, sanitary sewer on South 42nd Street from DeMers to 17th Avenue South; Project No. 4462, watermain on South 42nd Street from DeMers to 17th Avenue South; Project No. 4517, paving in Birkholz 5th Addition; Project No. 4625, sanitary sewer on 32nd Avenue South from 48th to 55th; and Project No. 4626, watermain on 32nd Avenue South from 48th to 55th Streets; and recommended to approve the tapping fee charges (which includes formula to calculate tapping fees and identifies areas that are tapping fees).

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE PROCEEDING WITH PROJECT NO. 4830,
WATER METER REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of Project No. 4830, water meter replacement, and recommended to proceed with the execution of the contract between the City and Utilman with the realization that the system did not meet our specifications of 300 ft. and to proceed with this with noted changes on the distances of less than 300 feet.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

CONSIDER LANDFILL PAYLOADER BIDS

Committee No. 3, Public Service, reported having considered the matter of landfill payloader bids, and recommended that the matter of 5% bid bond rather than a 10% bid bond as requested in the specifications, and because of letter from the surety company re. the error on bid bond, and to declare this a minor infraction and to open the bid of RDO Equipment Company.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

The city auditor opened and read the bid from RDO Equipment Company of $218,500.00 with a guaranteed buy-back after 5 years or 10,000 hours of $90,000, with an option B with an enhanced warrants of $26,000 and also an option C with a monthly maintenance fee as per the specifications to be paid each month for sixty months of $350/month. The matter was referred back to Committee No. 3, Public Service.

ACCEPT BIDS FOR 1999 FLEET VEHICLES FOR
ENGINEERING/PUBLIC WORKS DEPARTMENTS

Committee No. 3, Public Service, reported having considered the matter of 1999 fleet vehicle bids for engineer/public works departments: and recommended to approve low bids for the vehicles, and to authorize engineering department to purchase the wastewater department’s Chevy Lumina trade-in for $1,500.
a) Public Transportation - mid-size automobile $ 12,984.00
b) Engineering - extend cab compact pickup 15,644.00
c) Sanitation - four-wheel drive utility vehicle 23,055.00
d) Wastewater - four-wheel drive utility vehicle 23,055.00
e) Street - four-wheel drive ½ ton pickup 17,349.00
f) Water - four-wheel drive ½ ton pickup 16,689.00
g) Sanitation - four-wheel drive ¾ ton pickup 19,801.00
h) Central Garage - ¾ ton pickup 17,542.00
i) Stormwater - four-wheel drive 1 ton pickup 19,747.00

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

Council Member Lucke reported that the committee had considered bids and on four vehicles they decided to go without air-conditioners and would prefer to add back the air-conditioners, and moved a substitute motion to accept the same vehicles as recommended but pay the additional cost of approx. $2,600.00 in the four vehicles to include air-conditioners. Council Member Lunak seconded the motion.

Council Member Klave stated that they excluded air-conditioners from vehicles at the landfill, some used to run parts and doesn’t think they need air-conditioning.

After further discussion and upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Carpenter, Lunak, Beyer, Babinchak, Martinson, Brooks, Lucke - 7; voting “nay”: Council Members Hamerlik, Bouley, Klave, Hafner - 4. Mayor Owens declared the amendment to the motion carried.

Upon call for the question on the amended motion, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

DENY APPEAL FOR PHASE V REHAB

Committee No. 4, Urban Development, reported having considered the matter of appeal for Phase V rehab by Paul and Carla Dahley, and recommended denial of request to include cost of tools in the grant application.

It was moved by Council Member Beyer and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 11 votes affirmative.

DECLARE VARIOUS LOTS AS SURPLUS

Committee No. 4, Urban Development, reported having considered the matter of surplus lots, 313 1st Avenue South, and recommended to declare 313 1st Avenue South as surplus property.

Committee No. 4, Urban Development, reported having considered the matter of surplus lot, 405 South 5th Street, and recommended approval to declare 405 South 5th Street as surplus property and request that we have a request for proposals on what to do with it.

Committee No. 4, Urban Development, reported having considered the matter of surplus lots, and recommended that we declare the listing of properties surplus and that they be put up for bid upon notification of the previous and adjacent property owners contingent upon if the city attorney’s office finds that the right of first refusal applies it will be accommodated: 1501 North 4th Street; 315 6th Avenue North; 713 6th Avenue North; 412 7th Avenue South; 2512 8th Avenue North; 2414 9th Avenue North; 118 9th Avenue South; 3110 South 10th Street; 916 North 15th Street; 617 South 15th Street; 623 South 15th Street; 919 North 25th Street, 816 North 25th Street, 820 North 25th Street; 3815 Belmont Road; 817 Chestnut Street; 813 Walnut Street; 302 Walnut Street; and 414 Woodland Avenue.

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

Mr. Swanson reported in reviewing minutes there was discussion as to whether or not the City is obligated to follow a right of first refusal, that he has not had an opportunity to do any research, and their office in the course of handling the various closings, have advised a number of individuals that have sold their property in the voluntary acquisition program that in the event of a resale based upon action taken by the Flood Response Committee, that they would be notified and would have opportunities for right of first refusals. He stated he sees here some potential change in that policy, and it was his intention to bring back to the council at some time to clarify exactly what the policy means, but suggested that it may not amount to a legal responsibility but clearly one of significant importance to some people if City was attempting to abandon that approach.

Mr. Swanson stated that the right of first refusal did not apply to a sale of a structure only, however, he is aware that when the City did sell certain structures, they did in the adoption of the bid package include a right of first refusal. He stated that for those structures that were sold, some attempts were made to accommodate right of first refusal, the action taken through the Flood Response Committee addressed sale of lots, and that’s the issue he is raising here, that he has some concern that they are altering the position on that right of first refusal. He stated that the exceptions to the right of first refusal were in those instances where the sale of the property was not required to be declared surplus, so if transferring it to one of the series of exceptions, right of first refusal didn’t apply, but here are putting it up for public sale and attempting to exclude the right of first refusal. He stated they are not legally obligated to do so if want to change their policy but raising the question of political implications or otherwise, considering that the item of first refusal was a fairly detailed item that was discussed at length.

Mr. Swanson stated that the only thing the council needs to be aware of , that at some point some property owner is going to suggest to them that the only reason they entered into a sale of their property with the City of Grand Forks and the Voluntary Acquisition Program was because they were relying upon the possibility that if it were to be sold publicly, that they would have the right of first refusal. He stated that there were a series of meetings where this was discussed and affected a number of people that felt quite passionately about the opportunity to reacquire their property if that event should arise. He stated they are only dealing with properties that were acquired with CDBG funds, the FEMA funds carry the covenants that you can’t rebuild on, so looking at portion of Phase IA, Phase II, III and IV properties.

Mr. O’Leary reported they’ve discussed the situation of historic preservation in previous meetings and the Office of Urban Development has been working with the local Historic Preservation Commission as well as Mr. Yeater to locate about 25 houses for 25 empty lots and the idea is to identify the best houses they have as candidates for historic preservation and relocate those houses onto empty lots that the city has acquired. He stated that mitigation of historic property is required under the CDBG program and the Memorandum of Understanding is being negotiated between the City and Historic Preservation Commission as well as the State Historical Society and feds. He stated that they are in the process of trying to identify what the best lot is for the historic homes, that if they follow through to provide the original property owner the first right of refusal it will be impossible for them to follow the Memorandum of Understanding.

Mr. Swanson reported that on another item on the agenda re. historical relocation plan, the Committee is recommending that the Code relating to surplus property be amended specifically to exclude from the surplus determination process those properties where the structures or real estate that are historically significant and been acquired so the right of first refusal under its very terms would not apply because not being declared as publicly surplus property.

It was moved by Council Member Beyer and seconded by Council Member Babinchak to honor right of first refusal with notification of the previous owner when these lots are declared surplus.

Mr. Swanson reported that his office did a great deal of research (on property owner purchasing his own property having to hold lot for a number of years) and that they could legitimately include that type of provision, however, unlikely enforceable and their recommendation was not to attempt to include it.

Ken Dawes, 2516 8th Avenue North, stated that one of the vacant lots is adjacent to his property, and neighbor and he would like to purchase that lot, but is concerned about the right of first refusal, and not sure whether former owners are interested in that property or not, but has concern about what right of first refusal really means, that if former owner could secure at reasonable price could they turn around the next day and sell the property, and putting property owners at a disadvantage and would like to see an open and competitive bid process for those properties.

Gordon Isminger, 2420 9th Avenue North, and one of the lots on the list is adjacent to his property, and urged council not to go through the process of right of first refusal; that he is entirely open that it be an open bid, that he wants to purchase the adjacent lot, that he and his neighbor are interested in it. He stated that there is going to be a demand for lots in this city; that former property owner could wait until last bid is submitted, purchasing the lot and selling to a contractor and feels unfair; that if property declared surplus should be put to open bidding.

Council Member Hafner stated that one of the issues when discussed, that there were owners of houses that would have only preferred to sell the house and that City couldn’t do it, and if not
allow right of first refusal would be going back on word if change this.

Mr. Swanson stated that included in the motion is the declaration of the lots that are before you as surplus property, and authorizing the sale of these lots subject to a right of first refusal on the former owner and requiring notice in advance of the auction to the former owner. Mr. Swanson recommended that they not act on 405 South 5th Street if it’s the intention of the department at a later date to consider it under historic mitigation, and that would not require you at this time to declare it surplus. He stated that the other properties that are listed are being declared surplus and authorizing them for sale subject to right of first refusal and subject to notice of the prior owner.

Mr. Swanson advised that council could contact the former property owners and asked whether they would waive the right of first refusal or if wished to reserve it, and if stated they wished to reserve it or heard nothing from them, would have to presume they were reserving it and only if had a written waiver could legitimately conclude they no longer are acting under the offer of the right of first refusal.

Council Member Hamerlik moved that motion.

Upon call for the question on the amendment by Council Members Beyer and Babinchak to declare the listed properties as surplus, place up for public sale, subject to right of first refusal and advance notice to former property owners. Council Members Beyer and Babinchak moved to include removal of property at 405 South 5th Street, and upon roll call vote the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the amendment carried.

Council Member Hamerlik moved to amend the original motion to include the advanced notice to the property owners that it’s going to be placed for sale and a request as to whether they wish to reserve or waive the right of first refusal. The motion was seconded by Council Member Babinchak.

COUNCIL MEMBER LUNAK EXCUSED

Mr. Swanson stated that his recommendation was that unless the property owner affirmatively waives the right of first refusal, that you assume that the right of first refusal remains in effect, and that right of first refusal is a five-day period of time after the notice is given.

Upon call for the question on the amendment and upon voice vote, the motion carried 9 votes affirmative; Council Member Hafner voted against the motion.

Upon call for the question on the original motion, as amended, and upon roll call vote, the following voted “aye: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Hafner, Martinson - 10; voting “nay”: none. Mayor Owens declared the motion, as amended, carried.

APPROVE BID PACKAGES FOR RESIDENTIAL
ENVIRONMENTAL ABATEMENT

Committee No. 4, Urban Development, reported having considered the matter of Bid Package #46 for residential environmental abatement, and recommended approval of low bid by MAAC in the amount of $10,832.50 for the environmental abatement of four homes.

It was moved by Council Member Beyer and Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Hafner, Martinson - 10; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT HOUSES FROM GRAND FORKS HOMES, INC.

Committee No. 4, Urban Development, reported having considered the matter of GFH Rehab Program, and recommended that 1610 Lewis Blvd. and 812 North 25th Street be accepted back by the City from Grand Forks Homes, Inc.

It was moved by Council Member Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 10 votes affirmative.

AMEND CONTRACT WITH MAXFIELD RESEARCH

Committee No. 4, Urban Development, reported having considered the matter of request for payment from Maxfield Research, and recommended approval to amend the Maxfield contract for $3,500 with the stipulation that it goes to Coldwell Banker.
It was moved by Council Member Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. . Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Hafner, Martinson - 9; voting “nay”: Council Member Lucke - 1. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE RE. HISTORICAL
RELOCATION PLAN

Committee No. 4, Urban Development, reported having considered the matter of Historical Relocation Plan, and recommended approval of the concept and ask the city attorney to go ahead with the Code changes.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance adopting Grand Forks City Code Section 2-0402(5)(f) relating to sale of City property for historic purposes and/or mitigation”, which was presented, read and passed on its first reading.

APPROVE RFP FOR RELOCATION OF HISTORICAL
HOMES

Committee No. 4, Urban Development, reported having considered the matter of RFP for relocation of historical homes, and recommended approval to request an RFP for the relocation of historical homes.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE DEADLINE FOR 1999 BEAUTIFICATION
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of 1999 Beautification Program and recommended approval to set a March 1 deadline for applications to the 1999 Beautification Program.

It was moved by Council Member Beyer and second by Council Member Carpenter that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE CONCEPT PLAN FOR DOWNTOWN
STREETSCAPE

Committee No. 4, Urban Development, reported having considered the matter of downtown streetscape, and recommended approval of the concept plan for the downtown streetscape.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE GENERAL POLICY THAT PROPERTY PUR-
CHASED BY THE CITY FOR ECONOMIC DEVELOPMENT
PURPOSES WOULD BE TRANSFERRED TO JDA (JOBS
DEVELOPMENT AUTHORITY)

Committee No. 4, Urban Development, reported having considered the matter of City-owned properties to be used for economic development purposes, and recommended approval of a general policy that any property purchased by the City of Grand Forks for economic development purposes would be transferred to the JDA (Jobs Development Authority ).

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

Mr. Swanson advised that he doesn’t believe the council can adopt a general policy for the recording of deeds, but has to be property specific to comply with our Code but also to comply with the requirements for proper title conveyance, so while this can be a general policy statement if the intention is that you formally transfer title to the JDA and will have to be done on individual property specific basis.
Upon call for the question, the motion carried 10 votes affirmative.

SUSPEND AGENDA

It was moved by Council Member Carpenter and seconded by Council Member Bouley to abstain from reading individual items on the agenda under the Planning and Zoning Commission. Carried 10 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO REZONE AND INCLUDE THE EASTERN 140 FT. OF
LOT 3, BLOCK 1, DEMERS 5TH RESUBDIVISION WITHIN
B-3 (GENERAL BUSINESS) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Keith Danks, Jr. for preliminary approval of an ordinance to amend the Zoning map to exclude from the I-1 (Light Industrial) District and to include within the B-3 (General Business) District, the easterly 140 feet of Lot 3, Block 1, DeMers 5th Resubdivision (located on the north side of DeMers Avenue at South 20th Street intersections), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for March 15, 1999.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the I-1 (Light Industrial) District and include within the B-3 (General Business) District, the eastern 140 feet of Lot 3, Block 1, DeMers 5th Resubdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO PLANNED
UNIT DEVELOPMENT DISTRICTS
The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance relating to the Land Development Code, Chapter XVIII of the grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0223 PUD (Planned Unit Development) District, subsection (4) to eliminate the sunset clause from the Detailed Development Plan approval process, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing from March 15, 1999.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance enacting Grand Forks City Code 18-0223 relating to Planned Unit Development Districts”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE ALL OF KANNOWSKI ADDITION AND
ULLAND PARK FIRST ADDITION WITHIN KANNOWSKI
PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Grand Forks Park District for preliminary approval of Kannowski PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Kannowski Addition and Ulland Park First Addition, Grand Forks, North Dakota (located between 47th Avenue South and 62nd Avenue South and between South Columbia Road and South Washington Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing from March 15, 1999.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Kannowski PUD (Planned Unit Development) District, Concept Development Plan and to include within Kannowski PUD (Planned Unit Development) district, Concept Development Plan, Amendment No. 1, all of Kannowski Addition and Ulland Park First Addition, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF BFM PUD,
DETAILED DEVELOPMENT PLAN, AMENDMENT
NO. 1, LOTS 1-7, BLOCK A, BFM ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from John Satrom on behalf of Gale Satrom for preliminary approval of BFM PUD (Planned Unit Development), Detailed Development Plan - Amendment No. 1, Grand Forks Glass and Paint, Lots 1 - 7, Block A, BFM Addition (located at 2030 32nd Avenue South), and recommended preliminary approval subject to further review by planning staff.
It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE CONDITIONAL USE PERMIT FOR RETAIL
SALES AS AN ACCESSORY USE TO PRINCIPAL USE
IN I-1 (LIMITED INDUSTRIAL) DISTRICT, LOT D,
BLOCK 1, LARRY’S RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request for reconsideration from Steve Flaten on behalf of Garden Hut for approval of a conditional use permit for the retail sales as an accessory use to the principal use in an I-1 (Limited Industrial) District, Lot D, Block 1, Larry’s Resubdivision to the city of Grand Forks, ND (located at 949 2nd Avenue North), and recommended approval of the conditional use permit with the condition that a bond or letter of credit or other type of surety be presented in the amount of $27,843.00 and that the conditions approved by the Board of Zoning Adjustments on July 6, 1995, be completed.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of the plat for South Pines Addition, Grand Forks, North Dakota, being a part of a portion of the East half of the Northwest Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located between 49th Avenue South and the Southend Drainway. (This plat supercedes a portion of the plat named South Pines Addition approved August 5, 1998 by Planning and Zoning Commission and approved on August 17, 1998 by Grand Forks City Council.) Approval of this plat acknowledges a variance to Section 18-0907 (2)(I) reducing the minimum right of way width of a local street from 80 feet to 60 feet, and recommended preliminary approval subject to specific conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for March 15, 1999.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

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

GRANT PRELIMINARY APPROVAL OF SOUTH PINES
PUD, DETAILED DEVELOPMENT PLAN, TWIN-HOME
COMPLEX, ALL OF SOUTH PINES ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Development, Inc. for preliminary approval of South Pines PUD (Planned Unit Development), Detailed Development Plan, Twin-Home Complex, all of South Pines Addition (located between 49th Avenue South and the Southend Drainway), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

GRANT PRELIMINARY APPROVAL OF VILLAGE PUD,
DETAILED DEVELOPMENT PLAN, WINGATE INN,
LOTS 3 - 11, BLOCK B, VILLAGE RESUBDIVISION NO. 2

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for preliminary approval of the Village PUD (Planned Unit Development), Detailed Development Plan, Wingate Inn, Lots 3 - 11, Block B, Village Resubdivision No. 2 (located on the 400 block of North 42nd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy and working out access issues with staff between preliminary and final approval.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

CONSIDER MATTER OF ENGLISH COULEE BIKEPATH
LIGHTING

Earl Haugen, MPO, reported that after their last council action on this item it was agreed that he would be the person contacting UND re. payment of lighting bill, that he received copy of letter from Larry Zitzow, director of facilities, stating that UND had no available funding but could contribute light poles and light fixtures, if available; that he was of understanding that the city council authorized the light project with the stipulation that UND pay for the cost of electricity, that they do not have funds available and asked for clarification. Mr. Haugen stated that he asked that this be placed on the agenda as unfinished business, and council had authorized the MPO to proceed with the project concept report, and MPO has not moved forward with that since they aren’t sure there is a project here.

It was moved by Council Member Brooks and seconded by Council Member Babinchak to file the letter from UND, Larry Zitzow. Carried 10 votes affirmative.

DETERMINE PROCESS FOR HIRING FIRE CHIEF

Council Member Hafner stated that the suggestion from Civil Service was that they be able to handle the hiring process as they normally would, and recommend x number of candidates for the position for the mayor to choose, and moved to authorize Civil Service Commission to develop roster and forward to the mayor for hiring of new fire chief, using same wage schedule as used in hiring previous contracted positions. The motion was seconded by Council Member Martinson.

Dan Gordon, Human Resources, distributed information showing preliminary approved timeline
for the hiring of the fire chief adopted by the Civil Service Commission in hopes that council would ask for their involvement; and they did assure the council that they will be very open to the people involved. The council reviewed the timeline and outline for the process.

It was noted that the Commission is responsible for the process utilizing them to exercise the judgment of putting together the committee as in the past and direct civil service to put together process.

Upon call for the question and upon voice vote, the motion carried 10 votes affirmative.

APPROVE TRANSFER OF PROPERTY TO JDA

Terry Hanson, Urban Development, reported that on the item relating to the transfer of land to JDA, that they had one parcel of land that was specifically needed to be transferred and asked the city council to consider a motion to transfer the land that was purchased from the Dunlevy’s west of 10th Avenue South in the Industrial Park, which includes about 24 acres, be transferred from the City to the JDA for purpose of negotiations for resale. It was moved by Council Member Carpenter and seconded by Council Member Beyer to approve the transfer of this property to the Jobs Development Authority. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Hafner, Martinson - 10; voting “nay”: none. Mayor Owens declared the motion carried.

DETERMINE LENGTH OF CONTRACT FOR FIRE CHIEF

Council Member Hamerlik questioned the length of time for the contract for the fire chief, and moved that the fire chief be a three-year contract, with raises negotiated annually as part of the contract. Council Member Beyer seconded the motion.

Mr. Swanson stated that any contract that was entered into with a future chief of the fire department would entail negotiations of the terms, conditions and language of the contract, but identifying the length of the proposed contract in advertisement is appropriate. Council Members Hamerlik and Beyer withdrew the matter of raises negotiated annually from the motion.

Upon call for the question and upon voice vote, the motion carried 10 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE/DEPARTMENT

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

1) Mr. Swanson reported his office has received a shipment of fifty sets of the Grand Forks City Code, and if they are missing any Code copies, they have them available.
2) The city auditor reported that the updated cost matrix is on their desks for their review.
3) Council Member Babinchak asked for a priority listing of CDBG projects so that if something comes back for Congressional I and II, have something to work on.

APPROVE CHANGES IN USE OF 1998 AND 1999
CDBG ENTITLEMENT FUNDS

The city auditor reported that the recommendation for this matter under public hearings was only to approve notification to applicants for 1999 Supplemental CDBG Program. Council Member Beyer stated that this will allow them when the public hearings are held to know how much funding is available, public hearing will be held the week of March 22; and moved to approve the proposed changes in the 1998-99 CDBG Entitlement Funds. Council Member Babinchak seconded the motion. Carried 10 votes affirmative.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Bouley that we do now adjourn. Carried 11 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor