City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 19, 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, April 19, 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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 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.

ADOPT ORDINANCE NO. 3782, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AND DEDICATED ON THE PLAT OF REPLAT
OF LOT 5, BLOCK 1, CURRAN’S 1ST SUBDIVISION

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 had been introduced and passed on its fist reading on March 15, 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.

Dean Curran, 3503 Belmont Road, appeared before council. Dennis Potter, city planner, stated this is not the annexation proposal that is on the regular Planning and Zoning Commission agenda. Dean Curran, 3503 Belmont Road, stated he had no comments and the public hearing was closed.

The city auditor presented and read the matter of the request from the City of Grand Forks on behalf of Vincent Brey for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Members Bakken and Martinson.

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

ADOPT ORDINANCE NO. 3783, AMENDING THE
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF
HENNINGSEN 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 Henningsen Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on March 15, 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 Grand Forks Growth Fund, a Job Development Authority (JDA), for final 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 the 5th Principal Meridian (located north of 11th Avenue South between South 50th Street and the Burlington Northern-Santa Fe Railroad right of way), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation was moved and seconded by Council Member Brooks and Klave.

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

ADOPT ORDINANCE NO. 3784, TO ANNEX ALL OF
HENNINGSEN ADDITION TO THE CITY OF GRAND FORKS

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 had been introduced and passed on its first reading on March 15, 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 exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 3785, AMENDING ZONING
MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF HENNINGSEN 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 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 had been introduced and passed on its first reading on March 15, 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 city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Grand Forks Growth Fund, a Job Development Authority (JDA), for final 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 final approval and passage of the ordinance amending the Zoning Map. The recommendation was approved by Council Member Hafner and seconded by Council Member Bakken.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF UNIVRSITY VILLAGE ADDITION FOR
ONE MONTH

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 University Village Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on March 15, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

Mayor Owens called for the public hearing.

P.B. Thorson, 525 Hamline, stated he lives one house off of 6th Avenue North, and asked what council was going to do with this matter.

Dennis Potter, city planner, reported this is the second reading on the plat for University Village, and the Planning Commission’s recommendation at this point to table this discussion for thirty days. and that he would be prepared to meet with him at some future date to discuss with him what his issues are.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Rick Tonder on behalf of the University of North Dakota for final approval of the plat of University Village Addition to the city of Grand Forks, North Dakota, being a part of the Northeast Quarter of Section 5, Township 151 North, 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 tabling for one month. It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3786 TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT LOTS 3 THROUGH 8, BLOCK 1, LEGVOLD’S
SUBDIVISION

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 had been introduced and passed on its first reading on March 15, 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 Mayor closed the public hearing.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Kathy McFarlane on behalf of Lenora Hoffman for final 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 and 4, Block 1, Legvold’s Subdivision (located west of Highway 81 and north of 33rd Avenue North), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Glassheim and Hafner.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3787 RELATING TO LAND
DEVELOPMENT CODE RE. PERMITTED USES IN THE
A-D (AIRPORT) DISTRICT AND SIGNS PERMITTED IN
THE B-1 (LIMITED BUSINESS) DISTRICT

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 had been introduced and passed on its first reading on March 15, 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

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 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 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3788, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF SERVICE
THIRD SUBDIVISION

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 had been introduced and passed on its first reading on March 15, 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 Jerry Pribula on behalf of John Campbell for final 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 Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian (located south of 27th Avenue North and east of North 32nd Street), 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 approved and seconded by Council Members Babinchak and Bakken.

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

ADOPT ORDINANCE NO. 3789 TO AMEND THE ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF SERVICE THIRD SUBDIVISION

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 had been introduced and passed on its first reading on March 15, 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 Jerry Pribula on behalf of John Campbell for final 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 final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Bouley and Hafner.

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

ADOPT ORDINANCE NO. 3790, AMENDING THE
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF
SOUTHERN ESTATES 2ND ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Southern Estates 2nd Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on March 15, 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 city of Grand Forks for final approval of the plat of Southern Estates 2nd Addition to the city of Grand Forks, North Dakota, being a 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The recommendation had been moved and seconded by Council Members Babinchak and Hafner.

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

CONTINUE SALE DATE ON TAXABLE CORPORATE
CENTER BUILDING BONDS, SERIES 1999A TO MAY 3

The city auditor reported that the notice to the public that the City proposed to consider the award of the bonds on the Taxable Corporate Center Building Bonds, Series 1999A, had been scheduled for this evening.

Mayor Owens opened the public hearing on the matter of the bond issue for the Corporate Center Building under the Municipal Industrial Development Revenue Note under North Dakota Century Code, Chapter 40-57. There were no comments and the Mayor closed the public hearing.

It was moved by Council Member Babinchak and seconded by Council Member Beyer to declare an insufficiency of protest to the award of the Taxable Corporate Center Building Bonds, Series 1999A. Carried 13 votes affirmative.
The city auditor reported that since the sale had been set for this evening by council and the date has now been moved to May 3, 1999, a motion would be needed to move the sale date. It was moved by Council Member Babinchak and seconded by Council Member Hamerlik to move the sale date for the Taxable Corporate Center Building Bonds to May 3, 1999. Carried 13 votes affirmative.

ADOPT RESOLUTION TO VACATE PORTION OF
BRUCE AVENUE LYING BETWEEN SOUTH 3RD STREET
AND SOUTH 4TH STREET SUBJECT TO EASEMENTS

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of Bruce Avenue lying between South 3rd street and South 4th Street as shown on the plat of the Town of Grand Forks, ND, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

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

It was moved by Council Member Babinchak and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7703 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 715 NORTH 3RD STREET
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Peter Nielson to move a building from 1109 Lanark to 715 North 3rd Street to be used as a garden and storage shed, had been published and posted as required.

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

It was moved by Council Member Babinchak and seconded by Council Member Hafner to declare an insufficiency of protest to the moving permit application. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application for moving permit by Peter Nielson to move building from 1109 Lanark to 715 North3rd Street to be used as garden and storage shed, and recommended to approve the application for permit, subject to the public hearing.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this
recommendation be and is hereby approved, and further that Mr. Nielson be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.

HOLD MATTER OF APPLICATION FOR MOVING
FOR MOVING PERMIT TO MOVE BUILDING FROM
201 SOUTH 3RD STREET TO 307 DIVISION AVENUE

The city auditor reported that the matter of the application by the City to move the building from 201 South 3rd Street to 307 Division Avenue had been continued until this evening. It was moved by Council Member Beyer and seconded by Council Member Bakken to continue the matter for two weeks (to May 3, 1999). Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Public Safety Committee:
1) grant between Health Department and Children’s Services Coordinating Committee Region IV Abstinence Education Grant.

Urban Development Committee:
1) matter of construction impact on downtown businesses
2) matter of cost matrix budget transfers
3) matter of relocation voucher policy
4) matter of surplus properties
5) matter of request from Grand Forks County Historical Society.

APPROVE BILLS

Vendor Payment Listing No. 99-06, dated April 19, 1999, and totaling $8,139,707.48, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member 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, Lucke, Hamerlik, Bouley, Glassheim, 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

It was moved by Council Member Hamerlik that we delete the reading of recommendations for all standing committees and other committee reports yet to come unless item is requested to be pulled or if the minutes were not available in council members packets. Council Member Carpenter seconded the motion. Carried 13 votes affirmative.

APPROVE APPLICATION FOR THREE-YEAR EXEMPTION
OF IMPROVEMENTS TO COMMERCIAL BUILDING

Committee No. 1, Finance, reported having considered the matter of application for 3-year exemption of improvements to commercial/residential buildings: a) E & L Investments, Inc., 3615 Gateway Drive (Highway Host Restaurant), and recommended to approve the application for the three-year exemption.

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

ADOPT RESOLUTION AUTHORIZING MAY TO
EXECUTE ALL GRANT AGREEMENTS ON BEHALF
OF CITY WITH U.S. DEPARTMENT OF TRANSPORTATION

Committee No. 1, Finance, reported having considered the matter of adoption of resolution authorizing mayor to execute all grant agreements on behalf of the City with the U.S. Department of Transportation, and recommended that the resolution be adopted subject to city attorney’s review.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 7704 - Resolution.

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

APPROVE APPLICATION FOR CLASS 6 (FAIR-
GROUNDS BEER AND WINE) LICENSE BY RIVER CITIES SPEEDWAY GRAND FORKS, INC.

Committee No. 2, Public Safety, reported having considered the application for Class 6 (Fairgrounds Beer and Wine) license for year ending December 31, 1999, and recommended to approve the application for River Cities Speedway Grand Forks, Inc. contingent upon police, fire, health and inspections approval.

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

APPROVE BUDGET AMENDMENTS

A request for amendment of the Police Department budget in the amount of $4,000.00 to reflect funding for Saturation Patrol Program, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 13 votes affirmative.

A request for amendment of the Communicable Disease budget in the amount of $4,750.00 to reflect grant from Community Development for “Health Matters” Program, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 13 votes affirmative.

A request for amendment of the Mosquito Control budget in the amount of $82,616.00 for additional salary and fringe expenses, additional chemicals and equipment, and renovation of facility, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 13 votes affirmative.

APPROVE SITE FOR RAW WATER INTAKE FACILITY,
PROJECT NO. 4769

Committee No. 3, Public Service, reported having considered the matter of Raw Water Intake Facility site selection, Project No. 4769, and recommended to approve Site C (located in 300 block of Minnesota Avenue, south side of street) as the recommended project site and for proper authorities to enter into negotiations for land acquisition of Buegel property and negotiations with property owners at 613 South 4th Street and 522 South 3rd Street as to relocation of bore line and with house left in place or temporary relocation of the house and/or removal to another location within Central Park area.

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

APPROVE TRANSFER OF FUNDS FOR BALING
FACILITY DESIGN AND AUTHORIZE NEGOTIATING
CONTRACT, PROJECT NO. 5023

Committee No. 3, Public Service, reported having considered the matter of solid waste baling, Project No. 5023, and recommended that we do a budget transfer of $400,000 for a baling facility design, and to authorize negotiating contract with Burns & McDonnell Waste Consultants, Inc. of Kansas City, MO

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 10; voting “nay”: Council Members Brooks, Lucke, Lunak - 3. Mayor Owens declared the motion carried.

APPROVE FIRE HYDRANT EASEMENT FOR PROJECT
NO. 4968

Committee no. 3, Public Service, reported having considered the matter of fire hydrant easement for Watermain Project No. 4968 on 28th Avenue South and South Washington Street (Lots 1 and 2, Block 1, Butler’s Addition), for and in consideration of the sum of $1.00, Laddie A. Novak, grantor/lessor, and recommended to approve proper City officials to sign the easement.

It was moved by Council Member Klave and seconded by Council member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE SELECTION OF CONSULTANT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4990,
MAPPING AND GIS

Committee No. 3, Public Service, reported having considered the matter of consultant selection for engineering services for Project No. 4990, Mapping and GIS, and recommended to approve this matter of selecting the Grand Forks Engineering Group, project CDBG eligible.

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

APPROVE AMENDMENT NO. 16 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 4926

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 16, design engineering, Greater Forks Engineering Group, Project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station #39, CDBG, and recommended to approve Amendment No. 16 in the amount of $26,499.90.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5001, DISTRICT NO. 268

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Watermain Project No. 5001, District No. 268, watermain on 36th Avenue South from Columbia Road to 30th Street, 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7705 - Resolution.

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

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 5001, DISTRICT NO. 268

The city auditor presented and read the engineer’s report on Watermain Project No. 5001, District No. 268: Document No. 7706 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 5001,
DISTRICT NO. 268

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7707 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5004, DISTRICT NO. 405

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 5004, District No. 405, storm sewer on 36th Avenue South from Balsam to 34th Street, 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7708 - Resolution.

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

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 5004, DISTRICT NO. 405

The city auditor presented and read the engineer’s report on Sewer Project No. 5004, District No. 405: Document No. 7709 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5004,
DISTRICT NO. 405

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7710 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5006, DISTRICT NO. 127

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 5006, District No. 127, street lighting on Chestnut Drive, 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7711 - Resolution.

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

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO 5006, DISTRICT NO. 127

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5006, District No. 127: Document No. 7712 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5006, DISTRICT NO. 127

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7713 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5007, DISTRICT NO. 128

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 5007, District No. 128, street lighting in Johnson’s 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7714 - Resolution.

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

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO 5007, DISTRICT NO. 128

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5007, District No. 128: Document No. 7715 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5007, DISTRICT NO. 128

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7716 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5008, DISTRICT NO. 129

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 5008, District No. 129, street lighting on Poplar Circle, Balsam Circle and 36th 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7717 - Resolution.

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

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO 5008, DISTRICT NO. 129

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5008, District No. 129: Document No. 7718 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5008, DISTRICT NO. 129

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7719 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5009, DISTRICT NO. 130

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 5009, District No. 130, street lighting on North 51st Street, 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7720 - Resolution.

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

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO 5009, DISTRICT NO. 130

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5009, District No. 130: Document No. 7721 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5009, DISTRICT NO. 130

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7722 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5011, DISTRICT NO. 131

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 5011, District No. 131, street lighting in South Pines Court, 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7723 - Resolution.

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

ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO 5011, DISTRICT NO. 131

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5011, District No. 131: Document No. 7724 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5011, DISTRICT NO. 131

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7725 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5024, DISTRICT NO. 132

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 5024, District No. 132, street lighting on 36th Avenue South from 30th Street to Columbia Road, 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 Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7726 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO 5024, DISTRICT NO. 132

The city auditor presented and read the engineer’s report on Street Lighting Project No. 5024, District No. 132: Document No. 7727 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5024, DISTRICT NO. 132

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7728 - Resolution.

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

AUTHORIZE ADVERTISING FOR CONSTRUCTION
BIDS FOR 1999-2000 FLOOD MITIGATION PROTEC-
TION PROJECTS

Committee No. 3, Public Service, reported having considered the matter of authorization to advertise for construction bids for 1999-2000 flood mitigation protection projects, and recommended to advertise for construction using CDBG funds.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4991, SEWER DISTRICT NO. 402

The city engineer’s estimate of total cost of the construction of sanitary sewer in South Pines Addition in the amount of $109,120.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4991, District No. 402, sanitary sewer in South Pines Addition, 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.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7729 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4992, WATERMAIN DISTRICT NO. 267

The city engineer’s estimate of total cost of the construction of watermain in South Pines Addition in the amount of $57,871.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4992, District No. 267, watermain in South Pines Addition, 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.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7730 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4993, SEWER DISTRICT NO. 403

The city engineer’s estimate of total cost of the construction of storm sewer in South Pines
Addition in the amount of $41,580.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4993, District No. 403, storm sewer in South Pines Addition, 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.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7731 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4854, SANITARY FORCEMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4854, sanitary forcemain on South Columbia road from 17th to 24th Avenue (CDBG), and recommended to approve plans and specifications, and to authorize call for bids, project CDBG eligible.

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

ACCEPT BID FOR PROJECT NO. 4861, RESTORE
SANITARY SEWER IN AREA 1

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4861, restore sanitary sewer in Area 1 (CDBG), and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $1,416,647.00, project CDBG eligible.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4719, SANITARY SEWER IN AREA 2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, restore sanitary sewer in Area 2, C.O. #4 (CDBG), Lametti & Sons, Inc., contractor, $364.00, and recommended to approve the change order in the amount of $364.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4225.1, PAVING SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.1, paving South Washington Street mainline from Hammerling to South 26th Street, C.O. #8, $2,400 non-participating, Strata Corporation, Inc., contractor, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4225.3, PAVING SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.3, paving South Washington street frontage roads from Hammerling to South 26th Street, C.O. #4, $1,434.00 non-participating, Strata Corporation, Inc., contractor, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4225.2, PAVING SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.2, paving South Washington Street from 32nd to 40th Avenue South, C.O. #2, $31,329.50 non-participating, Strata Corporation, Inc., contractor, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4655.1,
PAVING SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4655.1, paving South Washington Street from 26th to 32nd Avenue South, C.O. #1, $26,144.00, participating, Strata Corporation, Inc., contractor, and recommended to approve the change order.

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

APPROVE AMENDMENT TO CONTRACT FOR PROJECT
NO. 4849 FOR APPRAISAL SERVICES

Committee No. 3, Public Service, reported having considered the matter of contract amendment, Project No. 4849, for appraisal services for Lift Station 40 and forcemain, and recommended that we authorize Greater Forks Engineering Group to bring an appraisal on board at this time.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR WATERMAIN ON SOUTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for watermain on South 42nd Street (Interstate Diesel and Pribula Engineering), and recommended to enter into the three-way agreement with developer and engineer for private installation of watermain and to approve plans and specifications, contingent upon engineer’s final review.

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

AUTHORIZE ACCEPTANCE OF BREMER GRANT
FOR FUNDING TO EXTEND YOUTH EMPLOYMENT
AND TRAINING PROGRAM DURING A PERIOD OF
FLOOD RECOVRERY

Committee No. 4, Urban Development, reported having considered the matter of authorization to receive Bremer Grant, and recommended that we accept the Bremer Grant in the amount of $100,000.00 (for funding to extend Youth Employment and Training Program ).

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

APPROVE SALVAGE POLICY FOR PHASE 1A AND
IV PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of salvage policy for Phase 1A and IV properties, and recommended to authorize no salvage from Phase 1A and IV homes.

It was moved by Council Member Beyer and seconded by Council Member Glassheim 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 approval of the following change orders: Corporate Center Parking Ramp Construction Engineers (deductive), $458.00; 401/402 DeMers, T.F. Powers Construction, $21,327.00; 401/402 DeMers, Construction engineers, $39,053.00 - $1,0127 Brady cost, $27,719 FNB cost; 401/402 DeMers, Northland LTD. (deductive), $5,049.00; 402 DeMers, Construction Engineers, $6,772.00; 401 DeMers, Fargo Tank & Steel, $184.00; 401/402 DeMers, Listul Industries, $921.00; 401 DeMers, Lee Davis Electric, $357.00, Brady Cost; 401/402 DeMers, MC Roofing, $6,001.00; and 401 DeMers, Hanson Electric, $2,052.00.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of a change order to Construction Engineers in the
amount of $4,600.00 to modify the stairs in 401/402 DeMers.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Listul Industries in the amount of $10,232.00 for added structural steel for Brady’s file storage.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change orders to Fargo Tank & Steel in the amount of $9,701.00 for additional steel for fourth floor at 401 DeMers.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of a change order to McFarlane Sheet Metal in the amount of $3,075.00 for Brady’s file storage support steel.

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

AWARD RESIDENTIAL DEMOLITION BID PACKAGE #12

Committee No. 4, Urban Development, reported having considered the matter of award of residential demolition bid package #12, and recommended 1) award to Duckstad (D & D) in the amount of $97,065.00 for 27 additional residences; 2) change order to Landwehr Construction in the amount of $16,787.00 for demolition of properties originally scheduled for relocation (Bid Package #11), and 3) change order to Duckstad, Bid Package 10, in the amount of $8,375.00 for sewer capping for flood defense (Emergency funds).

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

Council Member Babinchak asked to be excused from voting on this matter (awarding of Bid Pkg. 12 and change order for the sewer capping, and it was moved by Council Members Beyer and Bakken to excuse Council Member Babinchak from voting on those matters. . Carried 12 votes affirmative.

Upon call for the question, and upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13 (with Council Member Babinchak excused from voting as requested); voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of seepage at the Dakota Block, and recommended approval of compensation to Adam Kemp of Café Kosmos for seepage at the Dakota block in the amount of $1,700.00.

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

APPROVE REQUEST FOR EXTENSION TO RELOCATION
VOUCHER

Committee No. 4, Urban Development, reported having considered the matter of request for extension to relocation voucher, and recommended approval of extensions as follows: Ken and Barbara Carlson to May 28, 1999; Richard Felton/Evelyn Pederson to May 28, 1999; Amy Lind to May 28, 1999; Shelley Tofte to August 1, 1999; Lorraine and Greg Gavere to June 30, 1999; and Mark Sanford to June 16, 1999.

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

ADOPT RESOLUTION ESTABLISHING GOVERNMENT
STRUCTURE ADVISORY COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of resolution re. establishment of government structure advisory committee, and recommended that the resolution be adopted.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 7732 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE TRANSFER OF LOTS TO JDA

Committee No. 4, Urban Development, reported having considered the matter of transfer of Lots 1 and 2, and recommended approval to transfer Lots 1 and 2, Block 2 of the Industrial Resubdivision No. 4 to Jobs Development Authority (JDA).

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

APPROVE STOREFRONT RENOVATION BIDS, AND
VARIOUS DOWNTOWN CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of storefront bids for 2 and 4 South 3rd Street, and recommended approval to award Bid Package #14 for storefront renovation to Cameo Homes in the amount of $145,000 as follows: 2 South 3rd Street: base bid $109,500 w/Alt. 1 at $5,238.00, and 4 South 3rd Street: base bid, $38,500 w/Alt. 1 at $1,200 and Alt. 2 at $4,200.

Committee No. 4, Urban Development, reported having considered the matter of downtown change orders, and recommended approval of change order to Magnus Trucking in the amount of $28,900.32 for foundation repair in Penney’s and Dakota Block.

Committee No. 4, Urban Development, reported having considered the matter of downtown change orders, and recommended approval of a change order to Building Systems Corp. in the amount of $3,200.00 for removal of transite asbestos panels from the exterior wall of the Windmill building.

Committee No. 4, Urban Development, reported having considered the matter of downtown change orders, and recommended approval of a change order to Ron’s Electric in the amount of $1,138.59 CDBG funds for disconnection of live circuits and temporary furnace electrical connections at 22 South 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of downtown change orders, and recommended approval of a change order to Gowan Construction in the amount of $48,098.00 for demolition of 307 Division Avenue, relocation of 201 South 3rd, 2 x 8 stiffener joists to 201 South 3rd Street and foundation removal at Colborn’s.

Committee No. 4, Urban Development, reported having considered the matter of sidewall restoration downtown, and recommended approval to call for bids for the sidewall restoration of old NSP, Phoenix, Panovitz, Penney’s, Berg, Dakota Block and Kloster buildings.

Committee No. 4, Urban Development, reported having considered the matter of former City Center Mall elevator, and recommended to allow a call for bids on the reinstallation of the former City Center Mall elevator and corridor upgrades in 2 and 4 South 3rd Street.

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

Council Member Lunak questioned putting additional funds into storefronts, that when they were discussing formation of the DDC Committee and funding, were only talking about $10,000 a storefront and now seeing where funding is up to $100,000 being spent and questioned whether DDC had authorization to fund those monies.

Mr. O’Leary reported these are part of the funds that were allocated to the DDC for this purpose which is the restoration of City owned buildings that were formerly located in the City Center Mall, the funds that are being obligated for this is part of that budget, that it was the intent under the negotiated agreement that the City has with the State Historic Preservation Commission to restore the outside of those buildings that were inside the City Center Mall to something like the original appearance. He stated that most of the storefronts inside the mall were removed since 1978 because of inside heat, when the Mall was removed part of the mitigation agreement with the State and National Trust is that the City will restore the outsides of those buildings in conformance with the National Trust guidelines. Mr. O’Leary reported that when the DDC was established $500,000 was set aside out of Admin. money to support the DDC activities for studies, A/E fees and other planning activities and all they’ve expended out of that is $50,000. He also noted that the storefronts are more than just winterizing the buildings, that the storefronts over the years have been altered, that as part of the mitigation agreement is to winterize it (insulation and thermal glass) but part is to restore the rest of the storefront to original architectural appearance. He reported that the DDC is struggling with what they are going to do with these buildings afterwards, can put them out for bids or advertise them to dispose of them. He reported that the DDC is in the process of collecting requests for proposal for all of the buildings on the east side of the City Center Mall (three that the City owns) and were requesting developers to submit redevelopment proposals for those buildings. He stated that on the west side of the street the DDC has requested some help from a local architectural firm in designing some alternatives on what the J.C. Penney building could be put to use for and the DDC plans to use that information to determine whether or not they will look for a single or collection of developers. The City also owns a couple other buildings on the west side of the Mall, all came back for non-payment of taxes prior to the flood. Council Member Lunak questioned how much money we have put in the downtown to date and if City is getting into development downtown again. Mr. O’Leary stated that the intention of the DDC with those three City-owned buildings is not to develop but to request proposals for the redevelopment and are in process of examining those proposals on what the best and highest use for those three buildings. The council turned the ownership and the management over to the Jobs Development Authority who has more latitude than council does in finding redevelopers for those three buildings. He stated there is another building across the street from the former First National Bank building, and is same situation - the DDC is in the process of putting out and examining RFP’s for that building. Mr. O’Leary stated that the intent of the DDC is not to be in the development business, the intent of the DDC is to find a developer who’s willing to take over the ownership of these buildings.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: Council Members Lunak, Martinson - 2. Mayor Owens declared the motion carried.

TABLE MATTER OF VILLAGE PUD, 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 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 B, Village Resubdivision No. 2 (located on the 400 block of North 42nd Street), and recommended tabling the issue.

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.

ACCEPT PETITION FOR VACATION OF UTILITY
AND SIDEWALK EASEMENT LYING BETWEEN
LOTS 7 AND 8, BLOCK , MEDVUE ESTATES 2ND
ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Lyle A. Hall and Richard K. Olson for approval to vacate utility and sidewalk easement lying between Lot 7 and Lot 8, Block 8, Medvue Estates 2nd Addition, and recommended approval of the request to vacate a 20-foot wide utility and sidewalk easement lying between Lot 7 and Lot 8, Medvue Estates 2nd Addition.

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.
It was moved by Council Member Klave and seconded by Council Member Babinchak that the public hearing on this matter be held on June 7, 1999. Carried 13 votes affirmative.

GRANT FINAL APPROVAL OF PLAT OF COLUMBIA
MALL SEVENTH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the owners of Columbia Mall (Metropolitan Life Insurance Company) for final approval (fast track) of the plat of Columbia Mall Seventh Resubdivision to the city of Grand Forks, ND, being a Replat of a portion of Block 1, Columbia Mall Addition (located in the northwest corner of 32nd Avenue South and South Columbia Road), and recommended final approval subject to special conditions shown 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.

DENY PETITION FOR VACATION OF PORTION OF
BIKEWAY/WALKWAY EASEMNENT IN BLOCK 1,
MEDVUE ESTATES SIXTH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of a petition from Fairewood Estates Townhome Association for approval to vacate all that portion of a 20-foot wide east-west bikeway/walkway easement shown and identified in Lot E, Block 1 of a Replat of Lot 1, Block 1, Medvue Estates Sixth Resubdivision and shown and identified in Lots K and P, Block 1, of a Replat of Lots 2 and 3, Block 1, Medvue Estates Sixth Resubdivision to the city of Grand Forks, North Dakota (located between South Columbia Road and the English Coulee and between Knight Drive and 17th Avenue South), and recommended denial of the request to vacate all of that portion of a 20-foot wide ease-west bikeway/walkway easement shown and identified in Lot E, Block 1 of the Replat of Lot 1, Medvue Estates Sixth Resubdivision.

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.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF BIRKHOLZ 7TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Marvin and Violet Birkholz for preliminary approval of the plat of Birkholz 7th Addition to the city of Grand Forks, North Dakota, being part of the Northwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian (located along 17th Avenue South and two branches of 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 Plan to set the date of the public hearing for May 17, 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 Birkholz 7th Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND LAND DEVELOP-
MENT CODE RE. USES PERMITTED AND CONDITIONAL
USES

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 Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0206(2) Uses Permitted and Section 18-0206(3) Conditional Uses, and recommended preliminary approval amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for May 17, 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 relating to the Land Development Code, Chapter XVIII of the Grand Forks, City Code of 1987, as amended, amending Article 2, Section 18-0206, (2) Uses Permitted and Section 18-0206, (3) Conditional Uses”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING LAND DEVELOP-
MENT CODE RE. PROCEDURES UPON ANNEXATION

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 Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0205(5) Procedures upon Annexation (D), and recommended preliminary approval amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for May 17, 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, repealing subsection 18-0205(5)(D) regarding procedures upon annexation”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING LAND DEVELOP-
MENT CODE RELATING TO ADVERTISING SIGN SIZE
IN CERTAIN SECTION OF U.S.HIGHWAY NO. 2

The Planning and Zoning Commission reported having considered the matter of the request from Newman Outdoor advertising for preliminary approval of an ordinance to amend the Land Development code, Article 2, Zoning, Section 18-0301(6)( C) related to advertising sign size in a certain section of U.S. Highway No. 2, and recommended preliminary approval amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for May 17, 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 18-0301(6)( C) related to advertising sign size in a certain section of U.S. Highway No. 2”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING LAND DEVELOP-
MENT CODE RE. FRONT YARD REQUIREMENTS

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 Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0208 R-1 Single-Family Residence District, subsection (8), Front Yard Requirements, Section 18-0209, R-2 One-and Two-Family Residence District, subsection (8), front yard requirements, Section18-0210, R-3 Multiple-Family Residence, Medium Density District, subsection (8), front yard requirements, Section 18-0211, R-4 Multiple-Family Residence, High Density District, subsection (8), front yard requirements, and Section 18-0304, subsection (9), and recommended preliminary approval amending the text of the Land Development code, to introduce the ordinance and to set the date of the public hearing for May 17, 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 Grand Forks City Land Development Code, amending chapter XVIII, Article 2, Zoning; Section 18-0208, R-1 Single-Family Residence District, subsection (8), front yard requirements, Section 18-0209, R02 One-and Two-Family Residence District, subsection (8), front yard requirements, Section 18-0210, R-3 Multiple-Family Residence, Medium Density District, subsection (8), front yard requirements, Section 18-0211, R-4 Multiple-Family residence, High Density District, subsection (8), front yard requirements, and Section 1800304, Yards, subsection (9)”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-1 (LIMITED BUSINESS)
DISTRICT ALL OF LOT C, BLOCK 1, LARRY’S RESUB-
DIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Kalenze on behalf of Kristi Hall-Jiran 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-1 (Limited Business) District, Lot C, Block 1, Larry’s Resubdivision (located at 931 2nd 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 May 17, 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 I-1 (Light Industrial) District and include within the B-1 (Limited Business) District, all of Lot C, Block 1, Larry’s Resubdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

TABLE MATTER OF REQUEST OF GRAND FORKS
PARK DISTRICT FOR PETITION OF A RESOLUTION TO
ANNEX ALL OF KANNOWSKI’S ADDITION AND OTHR
PROPETIES TO THE CITY OF GRAND FORKS TO MAY 17,
1999

The Planning and Zoning Commission reported having considered the matter of the request from John Staley on behalf of the Grand Forks Park District for petition of a resolution to annex to the city of Grand Forks, North Dakota, all of Kannowski’s Addition and other properties (located along South Columbia Road, 62nd Avenue South and South Washington Street (Highway 81), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for May 17, 1999. The property as shown on Exhibit E in green would be annexed immediately; the property colored in lavender would be annexed in 2015 and the property as shown in light tan or yellow would be annexed in 2020 or annexed earlier if developed prior to 2015 and 2020.

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

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

It was moved by Council Member Carpenter to table this matter to May 17, 1999; the motion was seconded by Council Member Hafner. Carried 12 votes affirmative, Council Member Bouley abstained from voting on this matter.

GRANT PRELIMINARY APPROVAL OF UNIVERSITY
VILLAGE PUD, CONCEPT DEVELOPMENT PLAN, FOR ALL OF UNIVERSITY VILLAGE ADDITION AND ALL OF
COLUMBIA ADDITION, AND INTRODUCE ORDINANCE
TO AMEND ZONING MAP

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 University Village PUD (Planned Unit Development), Concept Development Plan, all of the University Village Addition and all of Colombia Addition, Grand Forks, North Dakota (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 zoning map and to set the date of the public hearing for May 17, 1999.

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

Council Member Hamerlik reported that there have been several questions asked re. the road that extends off Cambridge up through Bronson property, when they talk in terms of the approval of the plat and preliminary plan, how the council got to that point where planning has already transpired. He stated that originally the University requested money from the City for the infrastructure for part of the Bronson property, later the request was changed and minimized with the north end taken out, and they requested $1.6 million and City approved of that from sales tax; that later the council determined to take the money from CDBG monies. He stated that the question he has is that they approved the $1.6 million but to get to that point they had to come up with where the money was going to be spent, and his concern is, did the council really know they were approving of Cambridge Street being extended to 10th Avenue, that they were concerned whether should give the University money to develop University Village and infrastructure there, and if so, where should the money come from (CDBG money). He stated that according to Mr. Potter that met with the approval of the city council and thus they are proceeding. Council Member Hamerlik questioned if council members were aware that Cambridge Street north into Bronson property is included and apparently approved by the city council.

Mr. Potter stated that Cambridge Street extended north to 10th Avenue North extended, that in August last year when the University of North Dakota was before the council, they presented a three-phase funding request and it was the starting document for the discussions that then led to the approval of $1.6 million in CDBG funds was predicated essentially on a road alignment as indicated and which was the original Phase I proposal, the road alignment and also the utilities that would go along with that. He stated there is no doubt that there was not a specific separate motion for $1.6 million for this specific alignment but it was this alignment that was the genesis for the $1.6 million cost estimate and it has been the alignment that has been utilized in the contracting work that the City entered into with CPS to do the actual engineering design work for the project. Council Member Hamerlik stated he is not disputing the $1.6 million, but somewhere in the development, it seems that they should have been aware that Cambridge Street was in there definitely when they voted on the $1.6, and that if the council is satisfied that the action was not only appropriate but they understood it, that he will drop the issue.

Mr. Thorson stated that the University neighborhood between University and 6th Avenue has concern that Cambridge is not written in stone, and also heard that this was a demand on the part of Barnes & Noble’s bookstore that it has to come straight to their store on Cambridge, and asked for clarification. He stated that is a nice residential street and will be turned into a freeway and questioned if the University had ever considered Princeton, they own 90% of it as the main entryway and shouldn’t have more than one entryway off of 6th.

Council Member Hamerlik called for the question; and the motion 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 U-D (University) District and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, all of University Village Addition and all of Columbia Addition, being the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

AWARD CONTRACT FOR METAL SIDING AT AURORA
The Events Center Core Committee reported having considered the matter of award of metal siding contract, contract category #14, and recommended that we return MC Roofing’s bid and bid bond, per their request.

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

The Events Center Core Committee reported having considered the matter of award of metal siding contract, contract category #14, and recommended that we award the contract for the metal siding for The Aurora to Structures Incorporated for $1,367.000.

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

AWARD CONTRACT FOR GLASS CURTAINWALL

The Events Center Core Committee reported having considered the matter of award of glass curtainwall contract, contract category #15, and recommended that we award the contract for the glass curtainwall, contract category 15, to Rusco for $648,952.00.

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

AWARD CONTRACT FOR ROOF MEMBRANE

The Events Center Core Committee reported having considered the matter of award of roof membrane contract, contract category #16, and recommended that we award the contract for the roof membrane to MJ Dalsin for $1,199,900 and reject and return the bid and bind bond for the category 16b bidder, DC Taylor.

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

AWARD CONTRACT FOR BACKUP STUDS AND
ROOF BLOCKING

The Events Center Core Committee reported having considered the matter of award of backup studs, contract category #17, and recommended that we award the contract for the backup studs and roof blocking to Construction Engineers for their base bid of $1,338,000.

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

AWARD BIDS FOR STEEL STAIRS AND RAILS

The Events Center Core Committee reported having considered the matter of award of steel stairs and rails, contract category #32, and recommended that we award the contract for the steel stairs and rails, contract category 32, to Standard Iron for $1,037,000 and not act on the alternates at this time.

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

AWARD BIDS FOR ARCHITECTURAL PRECAST

The Events Center Core Committee reported having considered the matter of award of architectural precast, contract category #33, and recommended tat we award the contract for the architectural precast to Hanson Spancrete for $1,363,958.00, plus alternate 33-2 for $371,332.00, and some voluntary alternatives.
It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

REPORT ON CHANGE ORDERS

The city auditor presented the listing of change orders that were approved at the April 14, 1999 Core Committee meeting:

CIN #135.05: deduct of $52,229 from Wanzek Construction’s contract to replace the fill below grade with a standard engineered fill.
CIN #142.03: addition to Havens Steel’s contract and Wanzek Construction’s contract to add the structure for a storage area above the junior ballroom, with the total numbers not to exceed $47,396 for Haven’s contract and $16,345 for Wanzek’s contract.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following flood estimate in the amount of $280,888.50.

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

APPROVE CERTIFICATE OF COMPLETION

A communication was presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following project in a satisfactory manner, and recommended acceptance by the council: Project No. 4756, paving Belmont Road.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Beyer stated she had an update on mediation in regards to the siting of a bridge location across the Red River, and out of that mediation the consensus on the site was Elks Drive (a T-intersection from Elks Drive onto Belmont Road), that they will have a joint city council and planning and zoning commission meeting on April 26 (both sides of the River included) at the civic auditorium at 7:00 p.m.

REPORT FROM CONGRESSONAL MANAGEMENT
COMMITTEE

Council Member Hafner presented report for the Congressional Management Committee, that copies had been placed on the council members’ desks of highlights of the actions they’ve taken as a committee. He reported that Joan Johnson was elected chairman of the group, rep. Urban Development Board, and Committee authorized the Urban Development staff to set up an office on site so that if anybody needed help or assistance and that would be started today. He stated they authorized staff to send letter on behalf of the chair inviting Mr. Petrie to submit a detailed proposal. He stated they determined that quorum would be three of the four members, and authorized finishing of the 9 homes that were partially completed.

Council Member Hafner reported that at the April 14 meeting they extended the two-weeks for the RFP’s for the management committee, that 40 requests were mailed to known management firms around the region and authorized the chair to begin negotiations with anybody who may want to buy the entire project. He reported that 72 purchase offers have been made on 63 homes, 49 people have applied for the $10,000 incentive, two have applied for the employer/employee match and have 12 applications for the low to moderate income program. He stated that they are 11 away from using up all 60 of the incentives and very few of the employer/employee match have been used, and moved transfer from the employer incentive of 20 to the regular incentive program and set July 15 as a deadline to apply for the employer/employee match, and those that haven’t been used by the deadline would revert to the $10,000 incentive program. Council Member Hamerlik seconded the motion.

Council Member Brooks reported that several weeks ago they allocated $8.7 million and no one has told them where that money is coming from. Council Member Carpenter reported that there hasn’t been a specific motion, but general discussion of where it would come out of, which is the Housing Voucher Program and Administration.

Council Member Hamerlik stated that in the motion they didn’t talk about the reverting, and it would be done after July 15 for the remaining dollars; that they shouldn’t do that but allow that to see what there is because may have to transfer in or out of that. Council Member Hafner adjusted his motion accordingly; Council Member Hamerlik agreed.

Council Member Hamerlik called for the question. The motion carried 13 votes affirmative.

Doug Christensen asked that if they sell all of these houses where would profit be applied - should use money to pay down exposure where they have pledged the City’s credit. Council Member Carpenter stated that the City’s credit isn’t on the line for this but the sales proceeds from the houses will be going to pay off the first and second mortgages, that we don’t have control over that and that’s where it has to go for the holders of those mortgages to release the homes for sale so that there aren’t amounts of money to apply, but only after having sold all the houses and those mortgages have been taken care of, then there will be the money to pay back that unsecured Fannie Mae loan. Council Member Carpenter stated that he understood that the entire proceeds of sale of each house will go to the first and second mortgage.

APPROVE WAIVER OF BID REQUIREMENTS AND
AWARD CONTRACT FOR BRANCH PICKUP

Committee No. 3, Public Service, reported having considered the matter of waiver of bid requirements and award contract for branch pickup, and recommended that we declare this an emergency (ice storm) and allow to be done under an emergency situation, and accept the bid of Gary’s Tree Service at $220.00 per hour with a maximum of $15,840.00.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

1) Council Member Lucke presented the matter of when we can get the use tax on the ballot and start to collect some of the money to get a real gauge as to what impact that will have; the matter was referred to the finance committee.
2) Council Member Glassheim stated that the Governor was crucial and instrumental in what was done, that the attorney general’s work on tobacco money was crucial to the passage of that water bill, that Senators Nething and Nelson crucial and instrumental in changing it from a Grand Forks project to a state-wide water project. It was moved by Council Member Glassheim and seconded by Council Member Lucke that the council adopt a resolution thanking the Governor and the North Dakota Legislators. Carried 13 votes affirmative.
3) Council Member Carpenter presented the matter of requiring apartment owners/home owners that rent garden level apartments/property to disclose the ability of obtaining flood insurance and matter of Building Code changes to not allow construction of uninsurable apartments; the matter was referred to the public service committee.
4) Council Member Carpenter asked that if anybody had names of individuals of general public to forward to him and the public information office so that at next meeting he could bring back a slate of members for the Government Structure Advisory Committee for approval and any council members that are interested in serving to let him know.
ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Bakken that we do now adjourn until Monday, May 3, 1999 at 7:30 o’clock p.m. Carried 13 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
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Patricia A. Owens, Mayor