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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 15, 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 Monday, March 15, 1999 at the hour of 7;30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Glassheim - 1.

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

ANNOUNCE CERTIFICATE OF ACHIEVEMENT FOR
GOVERNMENT FINANCE OFFICERS

Mayor Owens announced that the City of Grand Forks has received for the 13th year the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association, that this certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. She stated this is quite an accomplishment for the City of Grand Forks under the guidance of Finance Director John Schmisek, Mr. Schmisek’s staff was in the audience and stood for recognition.

ADOPT ORDINANCE NO. 3776 GRANTING ADDITIONAL
COMPENSATION FOR CIVIL SERVICE COMMISSION

An ordinance entitled "An ordinance amending Section 6-0204 of the Grand Forks City Code relating to compensation of Civil Service Commission members", which had been introduced and passed on its first reading on March 1, 1999, was presented and read for consideration on second reading and final passage.

Council Member Babinchak moved an amendment to the ordinance that any meeting that is four hours or less remain at $20 per meeting and that any meeting that exceeds four hours would be at $60 per meeting up to $1200 per year. Council Member Hamerlik seconded the motion.

Council Member Babinchak reported that a listing of various committees payment, if any, and this was to come back to finance committee to look at all the committees, and include in the motion that they would look at again further into the year and possibly some conflict with other committees.

After some discussion and upon call for the question on the amendment to the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Hamerlik, Bouley, Klave, Beyer, Babinchak, Bakken - 8; voting "nay": Council Members Lucke, Carpenter, Lunak, Hafner, Martinson - 5. Mayor Owens declared the amendment approved.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 11; voting "nay": Council Members Hafner, Martinson - 2. Mayor Owens declared the ordinance adopted.

Mayor Owens reported that Dan Gordon, Human Resource Officer, was given the task of reviewing all the various committees and would remind him to see if they can have this matter considered soon.


ADOPT ORDINANCE NO. 3777, TO AMEND ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINES)
DISTRICT THE EASTERN 140 FT. OF LOT 3, BLOCK 1,
DeMERS 5TH RESUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand forks, North Dakota, to rezone and exclude from the 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 had been introduced and passed on its first reading on February 16, 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 who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Keith Danks, Jr. for final 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 eastern 140 feet of Lot 3, Block 1, DeMers 5th Resubdivision (located on the north side of DeMers Avenue and South20th Street intersections), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Hafner and Martinson.

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

ADOPT ORDINANCE NO. 3778, RELATING TO PLANNED
UNIT DEVELOPMENT DISTRICTS

An ordinance entitled "An ordinance enacting Grand Forks City Code 18-0223 relating to Planned Unit Development Districts", which had been introduced and passed on its first reading on February 16, 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 Planning Department for final approval of an ordinance to amend 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 final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hafner and Bakken.

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

ADOPT ORDINANCE NO. 3779, AMENDING THE
ZONING MAP TO INCLUDE WITHIN KANNOWSKI
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO.
1, ALL OF KANNOWSKI ADDITION AND ULLAND
PARK FIRST ADDITION

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 had been introduced and passed on its first reading on February 16, 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 CPS, Ltd. on behalf of the Grand Forks Park District, for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Hafner and Bakken.

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

ADOPT ORDINANCE NO. 3780, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF SOUTH
PINES ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of South Pines Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 16, 1999, and upon which the 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 CPS, Ltd. on behalf of Crary Development, Inc. for final 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 Pine Addition approved August 5, 1998 by Planning and Zoning Commission and approved on August 17, 1998 by Grand Forks City Council); and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation had been moved and seconded by Council Members Hafner and Carpenter.

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

RECEIVE REQUEST FOR RECONSIDERTION AND
INFORMATION FROM C.T. MARHULA RE. SOUTHEND
DRAINWAY PROJECT

C. T. Marhula, 5124 Belmont Road, stated that some of his colleagues were in the audience, and asked that council receive formal request for reconsideration on the assessments for southend drainway for three reasons: 1) they would like to explore further whether adequate notice was given, 2) they believe incorrect information was provided to the City in various committees and was inadvertent that there was no intention to do that; and 3) believes that now have gathered additional evidence that lends itself to making a better decision. He stated they believe that data is accurate, and urged that various staff verify it as they don’t have resources or time or expertise to do it, but believe everything is accurate. He suggested that Mr. Duquette might be an appropriate party to review the accuracy of the data. Mr. Marhula presented the documents/ letters to the city auditor.

REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 13 votes affirmative.

Public Service Committee:
1) matter of amendments to engineering contract for downtown streetscape

Urban Development Committee:
1) matter of Rental Rehab. Program
2) matter of selection of A/E and construction management firms for relocation of historic homes.
3) matter of acquisition of 213 South 3rd Street
4) matter of surplus housing proposal from Easter Seals/Goodwill
5) matter of clarification of home moving policy
6) matter of awarding moving bids
7) matter of amendment for 1999 CDBG funding for non-profits
8) matter of approval of 1998 performance report
9) matter of beautification funds

REPORTS OF OFFICERS

The city auditor presented and read the city auditor’s financial management report (changes in cash balances) as of January 31, 1999. It was moved by Council Member Carpenter and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-04, dated March 15, 1999 and totaling $5,729,379.28, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bouley and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik stated that at the last meeting he had requested under New Business that some consideration be given to the format in which city council operates at its regular meetings, that the Mayor appointed the city attorney and the city auditor to review; however, their report is not ready, and moved that on a trial basis for the regular meetings in March and April that after the Mayor calls at each of the various committees for those that should be pulled for discussion that they vote on the rest of the items and not read them, but for those items that are pulled that each of the items be read so they know motion as there might be some controversy. He stated that an exception to this would be that motions included in minutes that they receive after the packets are delivered would be read. Mr. Swanson advised that a motion would have to be made at each meeting until there is a change in the Code. Council Member Hamerlik agreed and the motion was seconded by Council Member Hafner. Carried 13 votes affirmative.

DENY APPLICATION FOR EXEMPTION OF IMPROVE-
MENTS TO PROPERTY AT 2911 BELMONT ROAD

Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to commercial and/or residential buildings by Pat and LuAnn McLean, 2911 Belmont Road, and recommended that the request for a three-year exemption on 2911 Belmont Road be denied.

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

CONSIDER APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 5110, 5118 AND
5030 GATEWAY DRIVE

Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to commercial and/or residential buildings by Gateway Storage, LLP for 5118 Gateway Drive. and recommended that the request for a three-year exemption on 5118 Gateway Drive be denied.

Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to commercial and/or residential buildings by Gateway Storage, LLP for 5110 Gateway Drive, and recommended that the request for a three-year exemption at 5110 Gateway Drive be denied.
Committee No. 1, Finance, reported having considered the application for three-way exemption of improvements to commercial and/or residential buildings by Gateway Storage, LLP for 5030 Gateway Drive, and recommended that the request for a three-year exemption at 5030 Gateway Drive be approved.

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

ADOPT RESOLUTION RELATING TO ISSUANCE
OF REVENUE BONDS ON BEHALF OF ALTRU HEALTH
SYSTEMS AND CALL FOR PUBLIC HEARING ON
APRIL 5, 1999

Committee No. 1, Finance, reported having considered the matter of proposed Health Care System Revenue Bonds, Series 1999 (Altru Health System Obligated Group), and recommended approval to adopt the resolution relating to the issuance of revenue bonds on behalf of Altru Health Systems and call for a public hearing to be held on April 5, 1999 at 7:30 p.m., contingent upon approval of the city attorney.

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

Council Member Carpenter introduced the following resolution, which was presented and read: Document No. 7693 - Resolution.

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

CONSIDER MATTER OF TAXABLE COPRPORATE
CENTER BUILDING BONDS, SERIES 1999A

Committee No. 1, Finance, reported having considered the matter of taxable Corporate Center Building Bonds, Series 1999A, and recommended approval to authorize title insurance and mechanics liens and set the sale date for the bond issue for the Corporate Center on April 19, 1999.

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

APPROVE PLANS AND SPECIFICATIONS FOR
SOUTHSIDE FIRE STATION

Committee No. 2, Public Safety, reported having considered the matter of plans and specifications for new southside fire station, and recommended to approve plans and specifications, and to authorize call for bids, project CDBG eligible.

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

APPROVE LEASE RENEWAL FOR NORTH DAKOTA
HIGHWAY PATROL FOR YEAR ENDING JUNE 30, 2000

Committee No. 2, Public Safety, reported having considered the matter of lease renewal for North Dakota Highway Patrol for year ending June 30, 2000, and recommended to approve the lease and authorize proper City officials to enter into the lease agreement.

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

INCREASE SPEED LIMIT ON PORTION OF 47TH
AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of speed limit on 47th Avenue South between Belmont road and South Washington Street, and recommended to approve traffic engineer’s recommendation to increase speed limit to 35 mph.

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

APPROVE BUDGET AMENDMENTS

A request for amendment to the budget for the fire department in the amount of $27,500.00 for installation/maintenance and tower rental for 800 MHz radio system was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 13 votes affirmative.

A request for amendment to the budget for Tobacco (TATU Project #2030.1) in the amount of $6,736.00 to reflect unexpended 1998 funds in Teens Against Tobacco Use (TATU) Grant Project from CSCC (Families First) was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 13 votes affirmative.

A request for amendment to the budget for the Knight Foundation Grant in the amount of $500.00 to reflect unanticipated revenue from Merck, Sharp & Dohme was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE TO ELIMINATE CARRY-
OUT SERVICE FOR COLLECTION OF GARBAGE AND
ELIMINATE FEE FORTHOSE WHO QUALIFY

Committee No. 3, Public Service, reported having considered the matter of elimination of carry-out services, and recommended to eliminate the carry-out service fee for those that qualify under medical or handicapped exception and introduce ordinance for first reading.

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

Council Member Babinchak introduced an ordinance entitled "An ordinance amending Sections 13-0404 and 13-0408 of the Grand Forks City Code relating to fees for carry-out garbage service", which was presented, read and passed on its first reading.

AUTHORIZE FUNDS FOR PEMBINA COUNTY FOR
RECYCLING IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of request for recycling project funds for Pembina County, and recommended to approve the amount of $1,500 for recycling improvements.

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

AUTHORIZE STORM SEWER STUDY

Committee No. 3, Public Service, reported having considered the matter of storm sewer study, and recommended to approve funding for the study in an amount not to exceed $20,000.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR REPAIR WORK
AT STORM PUMP STATION 84

Committee No. 3, Public Service, reported having considered the matter of repair work at Storm Pump Station 84 (6th Avenue North and North 55th Street), Wanzek Construction, Inc., contractor, in the amount of $4,065.25, and recommended to approve the change order for the temporary repair in the amount of $4,065.25 and to contact utility company for payment of cost of the temporary repair; and approve concept to pursue the permanent change order.

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

APPROVE REQUEST FOR APPRAISALS FOR
EASEMENTS/RIGHTS OF WAY ALONG SOUTH 42ND
STREET FROM 17TH TO 29TH AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of authorization to request appraisals for easements/rights of way along South 42nd Street from 17th to 29th Avenues South, and recommended to approve request.

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

APPROVE EASEMENTS FOR VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the matter of easements along 40th Avenue South in Perkins 4th Addition for Project No. 4979, watermain in Perkins 4th Addition, and recommended to approve temporary construction easement with a zero dollar cost.

Committee No. 3, Public Service, reported having considered the matter of easements along Ruemmele Road for Project No. 4845, storm sewer on South 34th Street and Ruemmele Road from 32nd to 40th Avenues South, and recommended to approve the easement.

Committee No. 3, Public Service, reported having considered the matter of easements along Columbia Road, 62nd Avenue South for southend development projects, and recommended to approve the easements.

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

APPROVE REIMBURSEMENT AGREEMENT WITH
WILLIAMS PIPELINE COMPANY, PROJECT NO. 4779,
Committee No. 3, Public Service, reported having considered the matter of reimbursement agreement with Williams Energy Group for Project No. 4779, relocate Williams pipeline along South Columbia Road and south of 40th Avenue South, and recommended to approve the agreement with Williams Energy Services and authorize deposit of $420,312.00, contingent upon review of the document by the city attorney; that $320,000 will be paid through CDBG allocation of the $15 million for southend development, and balance from Southend Drainway, Phase III.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREE-
MENT FOR UTILITIES IN PERKINS ADDITION

Committee No. 3, Public Service, reported having considered the matter of utilities in Perkins Addition: a) 50% up-front funding and b) three-way agreement for sanitary sewer, and recommended to accept letter of credit for 50% upfront funding meeting guidelines and to approve the three-way agreement with Dan Stauss.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 5001 AND 5002, UTILITIES ON
36TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering) with CPS, Projects Nos. 5001 and 5001, watermain and storm sewer on 36th Avenue South from Columbia Road to 30th Street, and recommended to approve the agreement for engineering services in the amount of $12,401.00 for each project.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 4995 THROUGH 4998, UTILITIES
AND PAVING IN UNIVERSITY VILLAGE

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services (design engineering) with CPS, for Projects 4995 through 4998, utilities and paving in University Village, CDBG, and recommended to approve the agreement for engineering services in the amount of $83,635.00.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NO.S 4991 THROUGH 4993, UTILITIES
IN SOUTH PINES ADDITION

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering) with CPS for Projects 4991 through 4993, sanitary sewer, watermain and storm sewer in South Pines Addition, and recommended to approve the agreement for engineering services in the amount of $13,569.00 for Project No. 4991, $6,796.00 for Project No. 4992 and $7,871.00 for Project No. 4993.

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

APPROVE AMENDMENT NO. 3B TO AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4851

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 3B (construction administration), Greater Forks Engineering Group (GFEG) for Project No. 4851, sanitary forcemain from Pump Station 93, CDBG, and recommended to approve Amendment No. 3B to the engineering services agreement in the amount of $77,303.10, project 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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 7 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4866

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 7 to engineering services agreement (construction administration), Webster, Foster &Weston, Project No. 4866, restore storm sewer in Area 4, CDBG, and recommended to approve Amendment No. 7 to the engineering services agreement in the amount of $144,371.00, project CDBG eligible.

Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEER’S REPORT FOR PROJECTS NOS.
4995 THROUGH 4998, UTILITIES IN UNIVERSITY VILLAGE
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Projects Nos. 4995 through 4998, sanitary, water, storm and paving in University Village, and recommended to approve the Engineer’s Report, project CDBG eligible.

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

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
4757, DOWNTOWN CURB/GUTTER REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4757, downtown curb and gutter replacement, and recommended to approve the Engineer’s Report, project CDBG eligible.

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

APPROVE PLANS AND SPECIFICTIONS FOR PROJECT
NO. 4757, DOWNTOWN CURB/GUTTER REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4757, downtown curb and gutter replacement, CDBG, and recommended to approve plans and specifications for the project.

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

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

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 4915 and 4916, sanitary and water on North 48th Street from Gateway Drive to 17th Avenue North, and recommended to approve plans and specifications for the projects.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4986, UND STEAM LINE REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4986, UND steam line replacement, and recommended to approve plans and specifications contingent upon changes as noted by the engineering department.

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


APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4892, 1999 TRAFFIC LOOPS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4892, 1999 traffic loop quotes, and recommended to approve plans and specifications, project CDBG eligible.

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

ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4908, 1999 CONCRETE STREET REPAIRS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4908, 1999 concrete street repairs, and recommended to approve acceptance of the low bid of Specialized Contracting in the amount of $191,948.00, subject to further engineering review.

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

ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4907, 1999 SIDEWALK REPAIRS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4907, 1999 sidewalk repairs, and recommended to approve acceptance of the flow bid of Specialized Contracting in the amount of $128,917.50, on a unit-price basis, and subject to further engineering review.

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

ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4910, 1999 ADA CURB RAMP CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4910, 1999 ADA curb ramp construction, and recommended to approve acceptance of the flow bid of Specialized Contracting in the amount of $43,640.00, subject to further engineering review.

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


ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4909, 1999 ASPHALT STREET REPAIRS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4909, 1999 asphalt street repairs, and recommended to accept the low bid of Nodak Contracting in the amount of $18,750.00.

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

ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4964, WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4964, watermain replacement on North 5th Street from University to 7th Avenue North, and recommended to accept the low bid of Duckstad Contracting Company in the amount of $152,258.50.

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

Council Member Babinchak asked to be excused from voting on this matter; and it was so moved by Council Member Hafner and seconded by Council Member Martinson. Carried 12 votes affirmative.

Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting "nay": none; Council Member Babinchak abstaining. Mayor Owens declared the motion carried.

ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4978, WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4978, watermain replacement on North 6th Street from 2nd Avenue North to 6th Avenue North, and recommended to accept the low bid of Duckstad Contracting Company in the amount of $143,626.00.

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

Council Member Babinchak asked to be excused from voting on this matter; and it was so moved by Council Member Hafner and seconded by Council Member Martinson. Carried 12 votes affirmative.

Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting "nay": none; Council Member Babinchak abstaining. Mayor Owens declared the motion carried.

ACCEPT LOW BID OF FARGO WATER FOR PROJECT
NO. 4942, 1999 CASTING QUOTES
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4942, 1999 casting quotes, and recommended to accept the low bid of Fargo Water in the amount of $19,425.69.

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

ACCEPT BID AND AWARD CONTRACT FOR PROJECT
NO. 4928, BOX CULVERT SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4928, box culvert southend drainway at South 18th Street, CDBG, and recommended to accept the low bid of R. J. Zavoral & Sons in the amount of $70,560.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4669.3, SOUTHEND DRAINWAY, PHASE 2B

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4669.3, Southend Drainway, Phase 2B, Change Order No. , R.J. Zavoral &Sons, $20,400.00, and recommended to approve Change Order No. 1 in the amount of $20,400.00.

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

AUTHORIZE PAYMENT FOR LAND AND EASEMENT
ACQUISITION FOR PROJECT NO. 4669.3, SOUTHEND
DRAINWAY, PHASE 2B

Committee No. 3, Public Service, reported having considered the matter of authorizing payment for land and easement acquisition for Project No. 4669.3, Southend Drainway, Phase 2B, and recommended to approve payment of the bills as follows: to Arthur Greenberg, Jr. for $2,000 for lease agreement for disposal site of excavated dirt for Project No. 4669.3, Phase 2B, and $52,312.50 for slope and warranty deed for Project No. 4669.3, Phase 2B.

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

ACCEPT PROPOSAL FOR LOT FOR REDEVELOPMENT

Committee No. 4, Urban Development, reported having considered the matter of RFP for redevelopment of lot at 405 South 5th Street, and recommended to accept the proposal from Dave Burris for the lot at 405 South 5th Street so that he can move a house located at 309 South5th onto the lot, contingent upon moving said house by noon on April 1, 1999.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE TRANSFER OF OWNERSHIP OF INDOOR
PLAYGROUND EQUIPMENT TO PARK DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of indoor playground equipment, and recommended to transfer ownership of the indoor playground equipment located in the First Seasons family center building to the Grand Forks Park District.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PHASE III BUYOUT EXTENSION

Committee No. 4, Urban Development, reported having considered the matter of Phase III buyout extension, and recommended to give Amy Lind, 1527 Chestnut Place, 60 days from the date of receiving an acquisition offer to sign a purchase agreement and 60 days from that date to redeem her relocation voucher.

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

APPROVE ABATEMENT AND DEMOLITION OF 307
DIVISION AVENUE

Committee No. 4, Urban Development, reported having considered the matter of abatement and demolition of 307 Division Avenue, and recommended to accept a change order to the Gowan contract not to exceed $20,000 for the demolition of 307 Division Avenue.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE VARIOUS CHANGE ORDERS, CITY
CENTER MALL
Committee No. 4, Urban Development, reported having considered the matter of City Center Mall change orders and substantial completion, and recommended the following:
1) to approve the deduct to the Molstad Excavating contract for bid package #3 in the amount of $14,034;
2) to approve the change order to Molstad Excavating in the amount of $9,983.35;
3) to approve the change order to EAS in the amount of $8,644.00;
4) to approve the change order to Magnus Trucking/Construction in the amount of $3,200.00;
5) to approve deduct to Magnus Trucking/Construction in the amount of $3,750.00;
6) to approve deduct to Opp Construction in the amount of $17,224.26; and
7) to approve the substantial completion for bid packages #1-5 and 8.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO NEGOTIATIONS FOR
RELOCATION OF 201 SOUTH 3RD STREET PROPERTY

Committee No. 4, Urban Development, reported having considered the matter of relocation of 201 South 3rd Street, and recommended to authorize staff to enter into negotiations with local and State Historic offices to move the boomtown building located at 201 South 3rd Street to 307 Division and then bring costs back to the committee.

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

APPROVE REQUEST FOR EXTENSION TO VOUCHER
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of request for extension to voucher program, and recommended to authorize an additional extension for the voucher program to Ken and Lucille Peterson to the end of March in order for them to get a purchase agreement on a new residence.
It was moved by Council Member Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

DENY REQUEST FROM HERITAGE FOUNDATION
FOR TWO GARAGES

Committee No. 4, Urban Development, reported having considered the matter of request from non-profit organization for two garages, and recommended to deny request from Heritage Foundation for two garages.

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

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended the following:
1) approval of the first four reconcilliations to previous change orders in the amounts of $10 deduct, $27.00, $47.00 and $3,937 deduct;
2) approval of the change order to Meide in the amount of $1,755.00
3) approval of deduct to Molstad in the amount of $2,923.00
4) approval of deduct to Hanson Electric in the amount of $4,500.00
5) approval of the change order to Construction Engineers in the amount of $37,416.00
6) approval of the change order to Fargo Tank and Steel for $473.00
7) approval of change order in the amount of $468.00 to Lee Davis Electric
8) approval of the change order to Listul Industries in the amount of $2,238.00
9) approval of deduct of $400.00 to Advanced Elevator.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders and recommended the change order in the amount of $2,067 for Mid America Steel go back to Johnson Laffen Architects to be paid.

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

REFER MATTER OF TRANSFER OF EXCESS LOTS
IN CONGRESSIONAL II AND UNIMPROVED LAND IN
CONGRESSIONAL I TO JOINT URBAN DEVELOPMENT
AND FINANCE COMMITTEE MEETING

Committee No. 4, Urban Development, reported having considered the matter of transfer of 69 excess lots in Congressional II and 34.5 acres of unimproved land on the west half of Congressional I from Grand Forks Homes, Inc., and recommended to refer this matter to a joint Urban Development/Finance Committee meeting.

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

REFER MATTER OF MORATORIUM ON PRPERTY
TAX ON NEW RESIDENTIAL HOUSING IN CONGRESSIONAL
I AND II TO JOINT MEETING OF URBANDEVELOPMENT
AND FINANCE COMMITTEES

Committee No. 4, Urban Development, reported having considered the matter of moratorium on property tax on new residential housing in Congressional I and II until the house is occupied by its original owner, and recommended to refer this matter to a joint meeting of the Urban Development/Finance Committees.

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

APPROVE BUDGET AMENDMENTS
A request for budget amendment for the Office of Urban Development in the amount of $38,488.43 to carry over 12-31-98 balance to 1999, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

A request for budget amendment for the Office of Urban Development in the amount of $128,524.17 to carry over 12-31-98 funds to 1999, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ACCEPT PROPOSAL FOR HOUSE AT 715 NORTH
24TH STREET AND REFER MATTER OF HOUSE AT
406 18TH AVENUE SOUTH BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of review and selection of RFP’s for private sale on-site properties, and recommended to accept the proposal from Marcus Byron for the house at 715 North 24th Street for the amount of $25,000 and accept the proposal from Lee and Jana Bell for the house at 406 18th Avenue South for the amount of $22,255.

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

Council Member Beyer moved that the motion be split into two separate questions; Council Member Hamerlik seconded the motion. Carried 13 votes affirmative.

The matter of the question on property at 715 North 24th Street was presented. Upon call for the question and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

Council Member Beyer and Council Member Polovitz asked that the matter of question on the proposal on the property at 406 18th Avenue South be referred back to committee for further consideration.

APPROVE STOREFRONT BIDS

Committee No. 4, Urban Development, reported having considered the matter of storefront bids, and recommended the following:
1) to allocate approximately $490,000 from DSR’s, and $490,000 from flood insurance to the storefront projects on South 3rd Street;
2) to allocate the following amounts to specific storefront projects: $140,000 for 6 South 3rd Street, $110,000 for 12 South 3rd Street, and $79,000 for 22 South3rd Street;
3) to forgive the rental rehab loans for the two privately owned buildings (6 and 12 South3rd Street), contingent upon a favorable storefront strategy being submitted to the DDC, the Urban Development Office, and the local Historical Commission;
4) to award the storefront project at 16 and 22 South3rd Street to Terry Rogers Construction for a total of $146,305 including the alternates, with a completion date of 120 days from the start date.

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

Council Member Lunak questioned the source of funding for the storefronts. It was noted that was repayments from FEMA and from insurance on City buildings within the Mall proper in the downtown, and those funds reallocated.

Council Member Lunak asked for the reason for the forgiveness of the rental rehab loans under 3) of the motion. Mr. O’Leary reported that both of these two buildings, 6 and 12 South 3rd Street, have old rental rehab loans upon which property owner is making payments to repay the loans, that the owners of these buildings would have to incur additional debt in order to make the buildings work and they also have some additional debt against the buildings. He stated they are trying to create enough cash flow within these two buildings and to put them on a level playing field for what they’ve done with other storefronts throughout the central business district, and to allow owners to go out and get more loans on the buildings. He stated that these doorfronts because of location within the mall lost their winterization and as storefronts redone the glass, insulation, etc. was lost and the storefronts that were located inside the mall are more expensive.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BFM PUD (DETAILED DEVELOPMENT
PLAN), DETAILED DEVELOPMENT PLAN -
AMENDMENT NO. 1, GRAND FORKS GLASS AND
PAINT, 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 final 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 final approval subject to special conditions shown on or attached to the review copy.

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

GRANT FINAL APPROVAL OF SOUTH PINES PUD
(PLANNED UNIT DEVEOPMENT), 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 final 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 final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
TABLE MATTER OF VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), DETAILED DEVELOPMENT PLAN,
WINGATE INN, LOTS 3-11, BLOCK B, VILLAGE
RESUBDIVISION NO. 2

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of the Village PUD (Planned Unit Development), Detailed Development Plan, Wingate Inn, Lots 3-11, Block 3, Village Resubdivision No. 2 (located on the 400 block of North 42nd Street), and recommended tabling this until the April 7, 1999 Planning and Zoning Commission meeting.

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

GRANT CONDITIONAL USE PERMIT FOR TREE FARM

The Planning and Zoning Commission reported having considered the matter of the request from First National Bank on behalf of Rodger Lambie for approval of a conditional use permit for the operation of a tree farm in an A-2 (Agricultural Reserve) district, the South Half of the Northwest Quarter of Section 35 of Grand Forks Township (located west of the L & S 3rd Addition).

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

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF LOT 5, BLOCK
1, CURRAN’S 1ST SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks on behalf of Vincent Brey for preliminary approval of a Replat of Lot 5, Block 1, Curran’s 1st Subdivision, Grand Forks, North Dakota (located at South Washington Street and 42nd Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Map and t set the date of the public hearing for April 19, 1999.

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

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 5, Block 1, Curran’s 1st Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ACCEPT PETITIION TO VACATE BRUCE AVENUE
LYING BETWEEN SOUTH3RD AND 4TH STREETS

The Planning and Zoning Commission reported having considered the matter of the petition from the Grand Forks County Commission for approval to vacate Bruce Avenue lying between South 3rd Street and South 4th Street as shown on the plat of the Town of Grand Forks, ND (D.T.), subject to a 20-foot wide alley easement as an extension of the existing alley lying in Blocks 31 and 32, Town of Grand Forks, ND and subject to a 30-foot wide alley easement centered on the street right of way to be vacated lying between Lot 18, Block 31 and Lot 2, Block 33, Town of Grand Forks, ND, and recommended approval subject to a 20-foot wide alley easement as an extension of theexisting alley lying in Blocks 31 and 32, Town of Grand Forks, ND, and subject to a 30-foot wide alley easement centered on the street right of way to be vacated lying between Lot 18, Block 31 and Lots 2, Block 33, Town of Grand Forks, ND. Also subject to the city watermain being abandoned and turned over to the property to which it is providing service and to set the date of the public hearing for April 19, 1999.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 13 votes affirmative.

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

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks Growth Fund, a Job Development Authority (JDA) for preliminary approval of the plat of Henningsen Addition to the city of Grand Forks, ND, being a part of the Northwest Quarter of Section 7, Township 151 North, Range 50 West of the5th Principal Meridian (located north of 11th Avenue South between South 50th Street and the Burlington Northern-Santa Fe Railroad right of way, and recommended preliminary approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for April 19, 1999.

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

Council Member Hafner 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 Henningsen Addition to the city of Grand Forks, North Dakota", which was presented , read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX ALL OF
HENNINGSEN ADDITION

The Planning and Zoning Commission reported having considered the matter of a petition from the Grand Forks Growth Fund, a Job Development Authority (JDA), for approval of an ordinance to annex to the city of Grand Forks, ND, all of Henningsen Addition (located north of 11th Avenue South between South 50th Street and the Burlington Northern-Santa Fe Railroad right of way, and recommended approval of the ordinance to annex, to introduce the ordinance and to set date of the public hearing April 19, 1999.

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

Council Member Hafner introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Henningsen Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT, ALL OF HENNINGSEN ADDIITON

The Planning and Zoning Commission reported having considered the matter of a request from the Grand Forks Growth Fund, a Job Development Authority (JDA) for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District, all of Henningsen Addition (located north of 11th Avenue South between South 50th Street and the Burlington Northern-Santa Fe Railroad right of way, 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 April 19, 1999.

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

Council Member Hafner 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 A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, all of Henningsen Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAN, AND INTRODUCE
ORDINANCE AMENDING STREET AND HIGHWAYPLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF UNIVERSITYVILLAGE ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Rick Tonder on behalf of the University of North Dakota for preliminary approval of the plat of University Village Addition to the city of Grand forks, North Dakota, being a part of the Northeast Quarter of Section5, Township 151, Range 50 West of the 5th Principal Meridian (located between Gateway Drive (U.S. Highway 2) and 6th Avenue North and between North Columbia Road and the English Coulee), and recommended preliminary approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Map and t set the date of the public hearing for April 19, 1999.

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

Council Member Hafner 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 f way shown as dedicated on the plat of University Village Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT, LOTS 3 THROUGH 8, BLOCK 1, LEGVOLD’S
SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Kathy McFarlane on behalf of Lenora Hoffman for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District, Lots 3 through 8, Block 1, Legvold’s Subdivision (located west of Highway 81 and north of 33rd Avenue North), 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 April 19, 1999.

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

Council Member Hafner 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 A-2 (Agricultural Reserve) District and include within the I-2 (heavy Industrial) District, Lots 3 through 8, Block 1, Legvold’s Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND TEXT OF
LAND DEVELOPMENT CODE, PERMITTED USES IN
A-D (AIRPORT) DISTRICT, SIGNS PERMITTED IN
B-1 (LIMITED BUSINESS) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the text of the Land Development Code, Section 18-0204 Rules and Definitions, Section 18-0222(2) Permitted Uses in the A-D (Airport) district, and Section 18-0301 (4) Signs Permitted in the B-1 (Limited Business) District, and recommended preliminary approval of the ordinance amending the Land Development Code to introduce the ordinance and to set the date of the public hearing for April 19, 1999.

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

Council Member Hafner introduced an ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2. Zoning, Section 18-0204, Rules and Definitions, Section 18-0222 (2) Permitted Uses in the A-D, Airport District, and Section 18-0301 (4) Signs permitted in the B-1 Limited Business District", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE AMENDING THE STREET AND HIGHWAY
PLAN TO INCLUDE THE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SERVICE THIRD
SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Jerry Pribula on behalf of John Campbell for preliminary approval of the plat of Service Third Subdivision to the city of Grand Forks, North Dakota, lying within the North Half of the Northeastern Quarter of Section32, Township 152 North, Range 50 West of the 5th Principal Meridian (located south of 27th Avenue North and east of North32nd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for April 19, 1999.

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

Council Member Hafner 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 Service Third Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRICAL) DISTRICT
ALL OF SERVICE THIRD SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Jerry Pribula on behalf of John Campbell for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) district and to include within the I-2 (Heavy Industrial) District all of Service Third Subdivision (located south of 27th Avenue North and east of North 32nd Street), 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 April 19, 1999.

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

Council Member Hafner 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 A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, all of Service Third Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF SOUTHERN ESTATES
2ND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the city of Grand Forks for preliminary approval of Southern Estates 2nd Addition to the city of Grand Forks, North Dakota, being part of a portion of the South Half of Section 20, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South Columbia Road and Interstate 29 and south of 40th Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for April 19, 1999.

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

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Southern Estates 2nd Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Owens announced the appointments to the following committees and asked for concurrence in the appointments.

Bikeway Committee: Paul Clark, Tim Driscoll.
Mechanical Board: Jim Fristad, Bill Hastings.
Board of Health: Arvin Kvasager.
Mayor’s Committee on Employment of People w/Disabilities: Charles Bremseth, David Perry, John Tsoumpas, Faye Gibbons, Jeri Hietala, Donna Stumphf, Amy Kok, Tammy Lynn Bailey and James T. Decker.

It was moved by Council Member Martinson and seconded by Council Member Hafner that these appointments be and are hereby approved.

Council Member Babinchak asked if there could be an opportunity for council members to offer any input, and that if they were aware of when appointments were to be made in advance, they could offer names of individuals who might be interested.
Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE/DEPARTMENT

Various items were presented to council for referral to committee and/or departments for consideration.
1) Council Member Hamerlik stated that at the last two civil service commission meetings there has been discussion relative to an on-going concern by those members and concern by some members of the council relative to the use of terms relative to procedures relating to part-time, full-time procedures for listing the positions that are going to be open, how filled, etc. and Civil Service Commission decided that there should be a review and perhaps council should be involved in it, so that they have an outcome of the study re. procedures or anything pertinent to that, and recommended that the Mayor appoint a committee of city council, staff and civil service (with concurrence from chair of the Commission) to study Code and those things pertinent to the hiring and terminology regarding our employees.
2) Council Member Brooks requested a schedule for the new budget process. The city auditor reported they are meeting on Wednesday morning to firm up the schedule.

ADJOURN

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



Respectfully submitted,


John M. Schmisek
City Auditor
Approved:
________________________________
Patricia A. Owens, Mayor