City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 17, 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, May 17, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

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

SUSPEND AGENDA TO ADD ITEM UNDER NEW
BUSINESS

Council Member Carpenter moved to suspend the agenda and to include the following items under New Business: appointment of governmental structure advisory committee. It was seconded by Council Member Hamerlik. Carried 14 votes affirmative.

CONGRESSIONAL ADVISORY COMMITTEE REPORT

Council Member Hafner reported that their committee hasn’t met since the last council meeting but that he has an update on the houses sold and closed; that as of this afternoon they have 24 houses sold and closed; an additional 77 with purchase agreements. He stated that as of the $10,000 incentives 100 available and 75 of those have applications; that of the low to moderate income incentive which is $20,000, there are 17 available and 15 applications to date. He reported they set up an on-site office at 5125 West Plum and the request for proposals on the property management were due on Friday, May 14 and committee will be dealing with them next Wednesday.

Joel Manske reviewed difference between punch list and warranty type work and that the final inspections that are taking place involve both, a portion are including the staff from Mortenson Engineering and punch list items, those items that are substantial completion type work orders that need to be done prior to their acceptance; other item is warranty work and houses have been there for up to a year and warranty period has expired with the general contractor and staff is trying to make sure those houses are sale ready and doing some final inspections on the units.

PRESENTATION FROM OTTO BREMER FOUNDATION

Dwaine Espegard, Bremer Bank, stated that there are many good causes that the City does, that they work through a grant organization of the Bremer Bank and Otto Bremer Foundation, and that a good cause was put to them a short while ago on youth work for the summer and training during the flood time and presented a check for $100,000 to take care of that. Mayor Owens thanked Mr. Espegard and the Bremer Bank for the funds and for their dedication to our community and interest in all aspects.

APPROVE MINUTES OF VARIOUS COUNCIL MEETINGS

Typewritten copies of the minutes of the city council meetings held on September 21, 1998; October 5, 1998 (special); October 5, 1998; October 29, 1998; December 7, 1998; January 19, 1999; and February 1, 1999 were presented and read. It was moved by Council Member Martinson and seconded by Council Member Beyer that these minutes be approved as read. Carried 14 votes affirmative.

CONSIDER RECOMMENDATION RE. METROPOLITAN
LONG-RANGE TRANSPORTATION PLAN UPDATE

The city auditor presented the matter of the recommendation for proposed ordinance re. Metropolitan Long-Range Transportation Plan Update and for final approval to amend the text of the Land Development Code.

Mayor Owens scheduled forty-five minutes for the public hearing for discussion from the audience, and opened the public hearing on the matter of the Metropolitan Long-Range Transportation Plan update.

Mike Dehlorey, 2303 Belmont Road, stated he has been asked to represent some of the views of the surrounding neighborhood in regards to the Elks T bridge. He stated their neighborhood is not against growth, cooperation or the possible needs for a future bridge but disagree with the selection that the MPO produced out of this mediation. He stated they are asking the council to adopt the recommendation of the Planning and Zoning Commission which stated “..to accept the MPO Plan with a bridge but without a designated location at this time. Based on further study of population and transportation needs in the future”.

Also appearing in opposition to the bridge location because of safety issues, effects on property values, etc. and asking council to approve the recommendation of the Planning Commission, were:
Patrick Fisher, 2801 Belmont Road.
David Vigland, 2326 Belmont Road
Janet Rex, 416 25th Avenue South
Nancy Soonpaa, 2218 Belmont Road
Jerry Moran, 605 24th Avenue South
Henn Soonpaa, 2218 Belmont Road

The following individuals who were on the Minnesota/4th Avenue corridor study or residents of the area stated it was important to settle the bridge area, that traffic from the southend of East Grand Forks which is a rapidly growing area will go over the Point Bridge and onto Minnesota/4th Avenues where residents have lived with a lot of traffic in a poorly structured environment to handle that traffic; important to facilitate some of the traffic toward the 32nd Avenue South business district that is developing; important for the city to develop and important for our transportation corridors to be appropriate and need to move ahead:
Ann Sande, 1110 Belmont Road
Lonnie Winrich, 606 South 4th Street
Theron Nelson, 505 South 6th Street

There were no further comments from the audience and Mayor Owens closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization (GF-EGF MPO) to present the Metropolitan Long-Range Transportation Plan Update and for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update (1999 Street and Highway, Transit, Bikeway and pedestrian Elements), together with all maps, information and data contained therein and approval of a resolution amending same; and recommended final approval of the Grand Forks-East Grand Forks Transportation Plan Update 1999 without designation of a specific bridge crossing location. Further, the MPO should continue to study the need for a specific bridge crossing after the 2000 census data is available and the data from the next comprehensive traffic count update is available. Recommend approval of the recommendation.

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

Council Member Beyer, member of the MPO, stated that the Grand Forks City plan does not have to meet the MPO plan, the MPO plan is the one that is recognized by the federal government and is the one that if not adopted we will lose federal funding. She stated that the MPO plan has a 20-year horizon and in 20 years our bridges will be deficient, will have enough growth and traffic that in 20 years our three existing bridges will be deficient. She stated that the intersection of DeMers and Washington will be deficient if do the do-nothing option, traffic on Minnesota and 4th will throw Washington and DeMers into deficiency which will require a diamond intersection, the diamond intersection means they have a high potential of losing the use of the Central Fire Station; and potential of losing those businesses on that corner, those will be the City of Grand Forks and State of North Dakota’s cost. She stated they discussed all of these things at the consensus meeting and those were some of the reasons they decided it was time to site a bridge location; that there were many reasons why Elks Drive was chosen: that there is a dike opening outlined by the Corps to act as the park land and the greenway entrance at Elks Drive, that if they site this now when the greenway is in construction, don’t have to deal with impact statements to a park, that if site this later and have to meet that requirement, it becomes expensive; that because traffic has to stop at that T and go either right or left, it is a normal slow-down barrier; that the Park District had some input and they felt that the Elks T was less of an impact to their golf course than 17th Avenue South; that if they name a site now, wouldn't have to do any further impacts to park lands, when site is chosen any street on that corridor has to be upgraded to assume that the bridge is there, Elks Drive is a short street, chances of modification to that are minimal. She stated that the East Grand Forks Planning and Zoning Commission approved the plan but also amended to include 17th, that she hasn’t discussed this with anyone from East Grand Forks but if don’t have a recommendation from the city council that supports Elks, that 17th is in the mix again and neighborhoods have to know that.

Council Member Babinchak stated that she didn’t think this was the time to make a designated site, that there are a lot of construction projects going on in both communities that have made traffic issues extremely difficult all over town and in order to properly designate a bridge location traffic studies after some of the flood recovery issues have been dealt with to properly see where a location should be, that she agrees there will be a bridge deficiency in 20 years and will have to make a decision. Council Member Beyer stated it was her understanding that the street that has to meet the plan is the immediately impacted street, which would be Elks Drive, may mean they would need an intersection improvement, right hand turn lanes, but wouldn’t have to follow to every corridor because not showing any deficiencies on those corridors with the projected traffic flow. Earl Haugen, MPO, stated that the issue of improving the roadway would be the pavement condition that would dictate, wouldn’t be the traffic volume, it’s a pavement management issue and not addressed as part of the planning process. There was some discussion re. traffic flow; that there will be a decrease in traffic north of 17th Avenue on Belmont Road 20 years from now.

Mr. Haugen reported that on December 10 the MPO Board met to try to adopt a long-range transportation plan, knew in 1997 that we should have an update to our plan, were given a year reprieve because of the flood, December 31, 1998 were told was the deadline, and December 10 the Board could not reach agreement on a long range plan but did agree to go through the mediation process that continued the fund to June 11, 1999.

After further discussion it was moved by Council Member Glassheim and seconded by Council Member Carpenter to amend the motion from the Planning and Zoning Commission to add a Merrifield truck bridge and the Elks T bridge as recommended by the MPO and recommended that we divide the question in the amendment.

It was moved by Council Member Beyer and seconded by Council Member Glassheim to split the question and deal with the Merrifield bridge first. Carried 14 votes affirmative.

Council Member Beyer reported that the MPO designated the Merrifield Road bridge would be the high and dry bridge as more feasible to do it at Merrifield Road than in town because of grades, etc.; that right now have all the industrial chemicals coming down South Washington going through neighborhoods and through the middle of town to get out to the AG depot and if had the Merrifield Road bridge it would also alleviate some of the beet traffic and some of the farm equipment traffic that now moves through DeMers Avenue.

Upon call for the question on the amendment relating to the Merrifield bridge and upon voice vote, the motion carried 14 votes affirmative.

After further discussion and upon call for the question on the amendment relating to the Elks T bridge as recommended by the MPO and upon roll call the following voted “aye”: Council Members Glassheim, Carpenter, Beyer, Brooks, Lucke, Hamerlik - 6; voting “nay”: Council Members Bouley, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson, Polovitz - 8. Mayor Owens declared the motion defeated.

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

Council Member Beyer notified neighborhoods that the MPO meeting is scheduled for June 1 at 5:00 p.m. and the East Grand Forks Planning and Zoning has also amended the plan to include 17th Avenue South, and that Elks Drive and 17th Avenue South people should be at that meeting.

RECESS MEETING FOR 5-MINUTES

Mayor Owens called for a 5-minute recess at 9:25 p.m. The meeting was called back to order at 9:30 p.m. with all members present except Council Member Lunak.

TABLE FINAL PLAT AND PUBLIC HEARING AND
SECOND READING OF ORDINANCE TO AMEND THE
STREET AND HIGHWAY PLAN TO INCLUDE PLAT
OF UNIVERSITY VILLAGE 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 University Village Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on March 16, 1999 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from Rick Toner 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 the request.

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

TABLE FINAL APPROVAL OF ORDINANCE TO
` AMEND THE ZONING MAP TO INCLUDE WITHIN
UNIVERSITY VILLAGE PUD, CONCEPT DEVELOPMENT
PLAN, ALL OF UNIVERSITY VILLAGE ADDITION AND
ALL OF COLUMBIA 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 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 had been introduced and passed on its first reading on April 19, 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Rick Tonder on behalf of the University of North Dakota for final approval of the University Village PUD (Planned Unit Development), Concept Development Plan, all of the University Village Addition and all of Columbia 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 tabling the request.

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

TABLE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF BIRKHOLZ 7TH 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 Birkholz 7th Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Marvin and Violet Birkholz for final approval of the plat of Birkholz 7th Addition to the city of Grand Forks, North Dakota, being a part of the Northwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of 17th Avenue South and two branches of the English Coulee), and recommended tabling the request.

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

COUNCIL MEMBER LUNAK REPORTED BACK

ADOPT ORDINANCE NO. 3791, RELATING TO
LAND DEVELOPMENT CODE, USES PERMITTED
AND CONDITIONAL USES IN A-1 (LIMITED
DEVELOPMENT) 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. Section 18-0206. (2) Uses Permitted and Section 18-0206, (3) Conditional Uses”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called upon the audience to see if there was anyone present 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 Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0206(2) Uses Permitted and Section 18-0206(3) Conditional Uses, and recommended final approval and passage of the ordinance amending the Land Development Code. Council Member Lunak and Council Member Martinson moved the recommendation for approval.

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

ADOPT ORDINANCE NO 3792, RELATING TO LAND
DEVELOPMENT CODE REGARDING PROCEDURES
UPON ANNEXATION

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 had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called upon the audience to see if there was anyone present 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 Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0205(5) Procedures upon Annexation (D), and recommended final approval and passage of the ordinance amending the Land Development Code. Council Members Bakken and Lunak moved recommendation for approval.

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

ADOPT ORDINANCE NO. 3793 RELATING TO LAND
DEVELOPMENT CODE, RELATED TO ADVERTISING
SIGN SIZE IN CERTAIN SECTION OF U.S. HIGHWAY #2

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter VIII 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 #2”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called upon the audience to see if there was anyone present 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 Newman Outdoor Advertising for final 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 final approval and passage of the ordinance amending the Land Development Code. Council Members Babinchak and Beyer moved recommendation for approval.

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

ADOPT ORDINANCE NO. 3794, AMENDING LAND
DEVELOPMENT CODE, ZONING, RE FRONT YARD
REQUIREMENTS IN CERTAIN DISTRICTS

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, R-2 One and Two-Family Residence District, subsection (8), front yard requirements; Section 18-0210, R-3 Multiple-Family Residence, Medium Density District, subsection (8), front yard requirements; Section 18-0211, R-4 Multiple-Family Residence, High Density District, subsection (8), front yard requirements, and Section 18-0304, Yards, subsection (9)”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called upon the audience to see if there was anyone present 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 Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of he 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 Districts, subsection (8), front yard requirements; Section 18-0210, R-3 Multiple-Family Residence, Medium Density District, subsection (8), front yard requirements; Section 18-0211, R-4 Multiple-Family Residence, High Density District, subsection (8), front yard requirements; and Section 18-0304, subsection (9); and recommended final approval and passage of the ordinance amending the Land Development Code. Council Members Beyer and Hafner moved the recommendation for approval.

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

TABLE SECOND READING OF ORDINANCE TO
AMEND THE ZONING MAP TO INCLUDE WITHIN
B-1 (LIMITED BUSINESS) DISTRICT ALL OF LOT C,
BLOCK 1, LARRY’S RESUBDIVISION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the I-1 (Light Industrial) District and include within the B-1 (Limited Business) District all of Lot C, Block 1, Larry’s Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 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 upon the audience to see if here 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 Steve Kalenze on behalf of Kristi Hall-Jiran for final approval of an ordinance to amend the Zoning Map to exclude from the I-1 (Light Industrial) District and to include within the B-1 (Limited Business) District Lot C, Block 1, Larry’s Resubdivision (located at 931 2nd Avenue North), and recommended tabling the request.

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

ADOPT RESOLUTION AUTHORIZING ISSUANCE
OF MUNICIPAL INDUSTRIAL DEVELOPMENT
REVENUE NOTE FOR CORPORATE CENTER POJECT
SERIES 1999A

The city auditor presented the matter of the proposal of taxable Corporate Center Building Bonds, Series 1999A and reported that the public hearing has been held on this matter.
Committee No. 1, Finance, reported having considered the matter of taxable Corporate Center Building Bonds, Series 1999A and recommended to adopt a resolution authorizing the issuance of taxable Corporate Center Building bonds, Series 1999A to finance the cost of acquisition and construction of two office buildings in the amount of $5,665,000 for 18 years and authorize proper City officials to enter into an indemnity agreement with Lawyers Title Insurance Corporation.

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

Council Member Carpenter introduced the resolution authorizing the issuance of a Municipal Industrial Development Revenue Note under North Dakota Century Code, Chapter 40-57: Document No. 7751 - Resolution.

Member Brooks seconded the above resolution and upon vote being taken thereon the following voted in favor: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; and the following voted against the same: none; and the following were absent and not voting: none; whereupon the resolution was declared duly passed and adopted.

TABLE MATTER OF APPLICATION FOR MOVING
PERMIT INDEFINITELY

The city auditor reported that the application to move building from 201 South 3rd Street to 307 Division Avenue (commercial building) had been considered by the city council on April 5, 1999 and the council continued the public hearing (and referred the matter to the Urban Development Committee) and will need to table this matter indefinitely until the location can be found for the building.

It was moved by Council Member Beyer and seconded by Council Member Babinchak to continue the public hearing indefinitely.

Mr. O’Leary reported that they have not declared the property next to the Radiator Shop as surplus, that they are under a requirement with the Historical Mitigation agreement to find a location for the “boom town” building, and in the event that no other alternative is available, it may be back on council’s desks; that there are other individuals who have expressed an interest in that lot.

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

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hafner and seconded by Council Member Beyer that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.

Finance Committee:
1) matter of technical corrections ordinance amending specific sections of the Grand Forks Civil Service Code.
2) request for bids for bank services.

Urban Development Committee:
1) matter of Phase IV surplus property
2) matter of bid extension for 15 and 25 South 3rd Street storefronts
3) matter of South 3rd Street contract change orders And completions
4) matter of policy decision on change ordering historical/surplus properties onto existing demolition bid packages
5) matter of CDBG demolition budget transfers on cost matrix
6) matter of amending Rehab Grant Program in mall zone

REPORTS OF BOARD OF ZONING ADUSTMENT

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, April 19, 1999, that notice had been published as required and that the following appeals were heard: 1) John D. Scott and Patricia Scott, The Plainsman Motel, 2201 Gateway Drive, have made a request for variance to the landscaping requirements to add parking, and variance approved to allow 90% impervious surface area coverage and to eliminate the buffer yard/landscaping requirement on the east property line in order to improve the parking lot; 2) James Schnellbach, 1911 10th Avenue North, request for variance to the impervious surface area and residential accessory building requirements to build a detached garage, variance approved to allow 51% impervious surface area coverage in order to rebuild a detached garage; 3) Gary Rogalla, 4863 5th Avenue North, request for variance to the accessory building size to build a detached garage, variance approved to allow up to 1,376 sq.ft. of residential accessory building area in order to build a detached garage; 4) Charles and Stephanie Pachl, Jr., 1106 Hammerling, request for variance to the residential accessory building requirements to build a detached garage, variance approve to allow up to 1,350 sq.ft. of residential accessory building area in order to build a detached garage; and 5) J.R. Simplot, 3630 Gateway Drive, request for variance to the front yard setback requirement to install new process equipment, with variance to allow 15 ft. of front yard setback to install new process equipment.

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, May 6, 1999, that notice had been published as required and that the following appeals were heard: 1) EAPC, on behalf of Calvary Lutheran Church, 1405 South 9th Street, request for variance to the impervious surface area requirements to build an addition, variance approved to allow 81% impervious surface area coverage in order to construct an addition; 2) Paul and Terri Endres, 3608 9th Avenue North, request for variance to the residential accessory building requirements to build an addition to the attached garage, variance approved to allow up to one foot of setback and up to 6” of overhang on the east property line in order to construct an attached garage addition; 3) Opp Construction, on behalf of Big Cigs, Valdak Corp., 1207 North 5th Street, request for variance to the landscaping requirements to improve the parking, variance approved to allow a five ft. bufferyard and parking lot setback in order to improve the parking lot; 4) Community Contractors on behalf of Lutheran Student and ND Foundation, 3012 University Avenue, request for variance to the impervious surface area requirements to build an addition, with variance approved to allow 62% impervious surface area coverage in order to build an addition.

It was moved by Council Member Klave and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-08, dated May 17, 1999, and totaling $12,096,104.63, 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik moved to abstain from reading the standing committee reports unless someone in the audience or member of the council wishes to have an item pulled and/or if the minutes were not available in packets to council members and/or any meeting was held just prior to this meeting when minutes are not available. Council Member Lunak seconded the motion. Carried 13 votes affirmative; Council Member Glassheim voted against the motion.

AUTHORIZE ENTERING INTO CONTRACT WITH
EVERGREEN LAND SERVICES FOR RELOCATION
AND ACQUISITION SERVICES

Committee No. 1, Finance, reported having considered the matter of contract with Evergreen Land Services for relocation and acquisition services, and recommended to authorize proper City officials to enter into an agreement with Evergreen Land Services Company for relocation and acquisition services.

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

APPROVE APPLICATION FOR ABATEMENT OF
1998 TAXES ON PROPERTY AT 2801 KNIGHT DRIVE

Committee No. 1, Finance, reported having considered the matter of the application for abatement and settlement of 1998 taxes by Gordon and Verna Buck, 2801 Knight Drive, and recommended approval of an abatement on 2801 Knight Drive for 1998 taxes.

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

DENY REQUEST FOR EXEMPTION OF IMPROVEMENTS
TO PROPERTY AT 2624 OLSON DRIVE

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to residential buildings by Steven and Susan Griffin, 2624 Olson Drive, and recommended denial of the request for exemption of improvements to the house at 2624 Olson Drive.

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

APPROVE REQUEST FOR EXEMPTION OF IMPROVEMENTS
TO PROPERTY AT 1810 11TH AVENUE NORTH

Committee No. 1, Finance, reported having considered the application for exemption of
improvements to residential buildings by Mark and Charlotte Mitchell, 1810 11th Avenue North, and recommended approval of the request for exemption of improvements on 1810 11th Avenue North for a three-year period.

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

AUTHORIZE PURCHASE OF MOWING EQUIPMENT
FOR GROUNDS CREW

Committee No. 1, Finance, reported having considered the matter of grounds crew equipment replacement, and recommended to purchase the mowing equipment from the sole source, prepare a budget amendment in the amount of $8,701.00 using General Fund cash carryover and increase the equipment line item.

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

AUTHORIZE FINANCIAL ASSISTANCE FOR
ATHLETIC TRANSPORTATION FOR PAN AMERICAN
GAMES

Committee No. 1, Finance, reported having considered the matter of request for financial assistance for athletic transportation for Pan American Games, and recommended to approve authorization of up to $15,000 for transportation costs related to the Pan Am Games as Grand Forks is a staging center, that we amend the budget to increase the Contributions line item in the Mayor/Council budget and that it come from the General Fund cash carryover.

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

Mike Stromberg, UND Athletic Department, spoke in favor of the request.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 13; voting “nay”: Council Member Babinchak - 1. Mayor Owens declared the motion carried.

AUTHORIZE FUNDING FOR JULY 4 CELEBRATION

Committee No. 1, Finance, reported having considered the matter of request from Sertoma Club for funds for July 4 celebration, and recommended to deny request of $10,000.

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

It was moved by Council Member Carpenter and seconded by Council Member Lunak to amend the motion to authorize $10,000 for the Sertoma Club duck race and that we amend the budget to increase contributions line item in the Mayor Council budget from General Fund cash carryover.

Tom Hagness, 1423 11th Avenue South, member of Sertoma Club, spoke in favor of the request for funds, that they donate approx. 99% of the money, balance for administering the event.

Upon roll call on the amendment the following voted “aye”: Council Members Carpenter, Lunak, Klave, Beyer, Hafner, Martinson, Polovitz, Lucke, Hamerlik, Bouley, Glassheim - 11; voting “nay”: Council Members Babinchak, Bakken, Brooks - 3. Mayor Owens declared the motion carried.

Upon call for the question on the motion, as amended, and upon roll call the following voted “aye”: Council Members Carpenter, Lunak, Klave, Beyer, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim - 12; voting “nay”: Council Members Babinchak, Bakken - 2. Mayor Owens declared the motion carried.

APPROVE REQUEST FOR CARNIVAL PERMIT

Committee No. 2, Public Safety, reported having considered the request from Schoeppner Shows to hold carnival on May 19-31, 1999 on North 42nd Street (off DeMers Avenue and I-29), and recommended to deny request for location and that they seek out another area.

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

It was moved by Council Member Bakken and seconded by Council Member Babinchak to approve new location at I-29 Truck Stop on 32nd Avenue South, west of I-29. Carried 14 votes affirmative.

WAIVE PERMIT FEE FOR CARNIVAL WITH PROVISION
THAT UNITED WAY AND SALVATION ARMY PARTICIPATE
IN EXCHANGE FOR PORTION OF PROCEEDS

Committee No. 2, Public Safety, reported having considered the request from Pat Berger, United Way, for waiver of carnival permit fee for Schoeppner Shows, with United Way and Salvation Army to participate in exchange for portion of proceeds, and recommended to waive the fee providing that Schoeppner Shows find suitable location to hold the event.

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

APPROVE INTERIM WATER RECLAMATION SYSTEM
ALTERNATIVE SELECTION

Committee No. 3, Public Service, reported having considered the matter of interim water reclamation system alternative selection, and recommended to approve recommendation to proceed with Alternative 5 (Alternative 5 is to retrofit existing recycle storage basin into wetwell with one pump system, est. cost $1,400,000).

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

DECLARE BUILDING AT LANDFILL AS SURPLUS AND
OFFER FOR SALE

Committee No. 3, Public Service, reported having considered the matter of surplus building at landfill, and recommended to declare this building as surplus and to offer building for sale.

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

ACCEPT BID FOR SCRAP METAL AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of bids for scrap metal at landfill, and recommended to consider delivery of bid to wrong department an irregularity in the bid, and to accept Residual Metals bid.

Committee No. 3, Public Service, reported having considered the matter of bids for scrap metal at landfill, and recommended to accept the bid of Residual Materials in the amount of $35,200.00.

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

AUTHORIZE TAKING QUOTES FOR INTERMEDIATE
COVER AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of intermediate cover at landfill, and recommended to approve taking quotes for intermediate cover at landfill.

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

A request from the Sanitation Department for transfer of funds to hire tree service for post-ice storm cleanup of branches in April 1999 in the amount of $12,980.00, was presented and read.

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

AUTHORIZE REQUESTING PROPOSALS FOR
ENGINEERING SERVICES FOR LANDFILL
CLOSURE PROJECT

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for landfill closure project, and recommended to authorize staff to request proposals for engineering services for the project.

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

APPROVE AUTHORIZATION FOR EASEMENTS,
RIGHTS OF WAY ALONG 47TH AVENUE SOUTH
FROM CHERRY STREET TO WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of easements/rights of way along 47th Avenue South from Cherry Street to Washington Street, and recommended to proceed with authorization if it is typical $1.00 and in event seeded area goes beyond funding limits to bring back to committee.

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

APPROVE TWO-WAY AGREEMENT FOR PROJECT
NO. 4999, SANITARY SEWER LINING UNDER SOUTH
JR. HIGH SCHOOL

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for various projects: Project No. 4999, sanitary sewer lining under South Jr. High School, and recommended to authorize entering into a two-way agreement with the developer.

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

APPROVE TWO-WAY AGREEMENT FOR PROJECT NO.
4891, RAILROAD CROSSING AT 27TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for various projects: Project No. 4891, railroad crossing at 27th Avenue North, and recommended to authorize entering into a two-way agreement with the developer.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved.

Council Member Lunak asked to be excluded from voting on this matter. It was moved by Council Member Klave and seconded by Council Member Bakken to allow Council Member Lunak to abstain from voting. Carried 13 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Lunak abstaining.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4807, DISTRICT NO. 564

Committee No. 3, Public Service, reported having considered the matter of agreement for construction administration services with KBM, Project No. 4807, District 564, paving South Washington Street from 40th to 47th Avenues South, and recommended to authorize entering into an agreement with KBM, Inc. in an amount not to exceed $294,354.60.

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

APPROVE AMENDMENT NO. 8 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4861

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 8, construction administration, Webster, Foster & Weston, Project No.4861, restore sanitary sewer in Area 1 (CDBG), and recommended to authorize entering into Amendment No. 8 to the agreement for engineering services with Webster, Foster and Weston in an amount not to exceed $121,812.00, CDBG eligible.

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

APPROVE AMENDMENT NO. 4 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4969

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 4, construction administration, Advanced Engineering, Project No. 4969, Phase II Downtown Watermain Replacement (CDBG), and recommended to authorize entering into Amendment No. 4 to the engineering services agreement for this project (not CDBG eligible) est. cost of $61,434.00.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 21 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4957

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 21, design, Greater Forks Engineering Group, Project No. 4957, sanitary sewer on South 42nd Street from 17th to 29th Avenue, (CDBG), and recommended to authorize entering into the engineering services agreement with Greater Forks Engineering Group in an amount not to exceed $39,185.00, CDBG eligible.

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

APPROVE AMENDMENT NO 22 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4853

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 22, appraisal services, Greater Forks Engineering Group, Project No. 4853, sanitary sewer forcemain from Pump Station 40 to Columbia Road (CDBG), and recommended to authorize entering into Amendment No. 22 with Greater Forks Engineering Group in an amount not to exceed $3,500.00, CDBG eligible.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 4940, DISTRICT
NO. 570

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4940, District 570, paving 45th Avenue South from 20th to 25th Street and South 25th Street from 45th to 47th Avenue South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications and that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7752 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4940, DISTRICT NO. 570

The city auditor presented and read the engineer’s report on Paving Project No. 4940, District No. 570: Document No. 7753 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4940, DISTRICT NO. 570

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7754 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 4994, DISTRICT
NO. 565

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4994, District 565, paving South Pines 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7755 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4994, DISTRICT NO. 565
The city auditor presented and read the engineer’s report on Paving Project No. 4994, District No. 565: Document No. 7756 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4994, DISTRICT NO. 565

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7757 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 5003, DISTRICT
NO. 566

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5003, District 566, paving 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7758 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5003, DISTRICT NO. 566

The city auditor presented and read the engineer’s report on Paving Project No. 5003, District No. 566: Document No. 7759 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5003, DISTRICT NO. 566

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7760 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 5019, DISTRICT
NO. 568

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5019, District 568, paving on South 26th Street from 36th to 37th Avenues South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications and that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7761 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5019, DISTRICT NO. 568

The city auditor presented and read the engineer’s report on Paving Project No. 5019, District No. 568: Document No. 7762 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5019, DISTRICT NO. 568

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7763 - Resolution.
It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 5022, DISTRICT
NO. 569

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5022, District 569, paving alley in 900 block between South Washington Street and South 12th 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7764 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5022, DISTRICT NO. 569

The city auditor presented and read the engineer’s report on Paving Project No. 5022, District No. 569: Document No. 7765 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5022, DISTRICT NO. 569

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7766 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 5030, DISTRICT
NO. 572

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5030, District 572, paving Rivers Edge Phase II, 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7767 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5030, DISTRICT NO. 572

The city auditor presented and read the engineer’s report on Paving Project No. 5030, District No. 572: Document No. 7768 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5030, DISTRICT NO. 572

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7769 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 4714, DISTRICT
NO. 562

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4714, District 562, paving North 55th Street from DeMers to Gateway 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7770 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4714, DISTRICT NO. 562

The city auditor presented and read the engineer’s report on Paving Project No. 4714, District No. 562: Document No. 7771 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4714, DISTRICT NO. 562

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7772 - Resolution.

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

APPROVE ENGINEER’S REPORT, PAVING PROJECT
NO. 4714

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for Project No. 4714, paving North 55th Street from DeMers Avenue to Gateway Drive (CDBG eligible only), and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT, SEWER PROJECT
NO. 4927

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4927, sanitary sewer on 55th Avenue South from Columbia Road to Lift Station 40, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT, WATERMAIN
PROJECT NO. 4882

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4882, watermain on 62nd Avenue South from Columbia Road to Washington Street, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT FOR WATERMAIN
PROJECT NO. 4923

Committee No. 3, Public Service, reported having considered the matter of Engineer’s Report for Project No. 4923, watermain on 47th Avenue South from Washington Street to Belmont Road, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT FOR PAVING
PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4886, paving South Columbia Road from 47th to 62nd Avenue South, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT FOR WATERMAIN
PROJECT NO. 5026

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5026, watermain on South Columbia Road from 47th to 62nd Avenue South, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT FOR SEWER
PROJECT NO. 4957

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4957, sanitary sewer on South 42nd Street from 17th to 29th Avenues South, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT FOR SEWER
PROJECT NO. 4904

Committee no. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4904, sanitary sewer on 47th Avenue South from Cherry Street to 11th Street, and recommended to approve the engineer’s report.

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

APPROVE ENGINEER’S REPORT FOR WATERMAIN
PROJECT NO. 4880

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4880, watermain on 20th Street from 47th Avenue South to 51st Avenue South, and recommended to approve the engineer’s report.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4849, SANITARY PUMP STATION 40

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4849, sanitary pump station #40 (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4927, SANITARY SEWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4927, sanitary station on 55th Avenue South from Columbia Road to Pump Station #40 (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4853, SANITARY FORCEMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4853, sanitary forcemain from Pump Station #40 (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4926, SANITARY SEWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station #39 (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4882, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4882, watermain on 62nd Avenue South from Columbia Road to Washington Street (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 5026, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5026, watermain on South Columbia Road from 47th to 62nd Avenue South (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4923, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for
Project No. 4923, watermain on 47th Avenue South from Washington Street to Belmont Road (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4904, SANITARY SEWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4904, sanitary sewer on 47th Avenue South from Cherry Street to 11th Street (CDBG), and recommended that we approve plans and specifications subject to staff
review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4886, PAVING

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4886, paving South Columbia Road from 47th to 55th Avenues South, (CDBG), and recommended that we approve plans and specifications subject to staff review and approval.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4862, RESTORE STORM SEWER AREA 1

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4862, restore storm sewer Area 1 (CDBG), and recommended that we approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4980.2, DOWNTOWN STREETSCAPE
STREET LIGHT MATERIALS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4980.2, downtown streetscape street light materials (CDBG), and recommended that we approve plans and specifications and authorize advertising for bids.

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

ADOPT RESOLUTION APPROVING PLANS ,AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5018, DISTRICT NO. 269

The city engineer’s estimate of total cost of the construction of watermain on 36th Avenue South from 25th Street to South Columbia Road, and on South 26th Street from 36th to 38th Avenues South, in the amount of $66,425.10, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5018, District No. 269, watermain on 36th Avenue South and South 26th Street, and recommended to approve 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7773 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR
WATERMAIN PROJECT NO. 4972

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4972, bottleneck watermain replacement on 17th Avenue South from 34th to 35th Street (CDBG), and recommended to approve plans and specifications and authorize advertisement for bids.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5005, DISTRICT NO. 569

The city engineer’s estimate of total cost of the construction of paving Balsam Circle and 36th Avenue S. from Balsam to 34th Street, in the amount of $130,879.87, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5005, District No. 569, paving Balsam Circle and 36th Avenue South from Balsam to 34th Street, and recommended to approve the 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7774 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4880. WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4880, watermain on 20th Street from 47th to 51st Avenue South, and recommended to approve plans and specifications subject to staff review and approval.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONRACT, SEWER
PROJECT NO. 4991, DISTRICT NO. 402
WATRMAIN PROJECT NO. 4992, DISTRICT NO. 267
AND SEWER PROJECT NO. 4993, DISTRICT NO. 403

The city auditor presented and read tabulation of bids which had been received and opened on May 10, 1999 for Sewer Project No. 4991, District No. 402, Watermain Project No. 4992, District No. 267, and Sewer Project No. 4993, District No. 403, sanitary sewer, watermain and storm sewer in South Pines Addition, indicating that Soberaski, Inc. was the low bidder based upon their bids in the amounts of $78,220, $60,585, and $32,550 for a total bid of $171,355: Document No. 7775 - Tabulation of Bids.

The city engineer’s estimates of total cost on Sewer Project No. 4991, District No. 402, Watermain Project No. 4992, District No. 267, and Sewer Project No. 4993, District No. 403, in the amounts of $103,400, $80,000, and $43,000 , respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No.4991, District No. 402, sanitary sewer in South Pines Addition, Project No. 4992, District No. 267, watermain in South Pines Addition, and Project No. 4993, District No. 403, storm sewer in South Pines Addition, and recommended to accept the low bid of Soberaski, Inc. in the total bid of $171,355.00, subject to review and approval of letter of credit from the developer.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7776 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution awarding the contract of Sewer Project No. 4991, Watermain Project No. 4992 and Sewer Project No. 4993, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted “aye”; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 4854,
SEWER FORCEMAIN

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4854, sanitary forcemain on South Columbia Road from 17th to 24th Avenue South, and recommended that the bid of Schipper Construction, Inc. be returned unopened because no acknowledgement of addenda on bid envelope as required.

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

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4854, sanitary forcemain on South Columbia Road from 17th to 20th Avenues South, and recommended to accept the low bid of Molstad Excavating the amount of $610,506.00.

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

APPROVE CHANGE ORDER, PROJECT NO. 4768

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4768, Pump Station #84, Schedule B Electrical, C.O. #3 (CDBG), Rick Electric, Inc., contractor, and recommended to approve the change order in the amount of $190.00.

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

APPROVE CHANGE ORDER NO. 4860, STORM
SEWER AREA 2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4860, restore storm sewer Area 2, Change Order #4 (CDBG), Molstad Excavating, Inc., contractor, and recommended to approve the change order in the amount of $60,487.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4654, RESTORE BRICK SEWER

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4654, restore brick sewer, Change Order #1 (CDBG), Pressure Concrete, Inc., contractor, and recommended to approve the change order in the amount of a deduct of $134,011.40 due to change in bid price.

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

AUTHORIZE STAFF TO PROCEED WITH NEGOTIATIONS
OF FUNDING PROPOSAL FOR DEMERS AVENUE AND
42ND STREET UNDERPASS PROJECT

Committee No. 3, Public Service, reported having considered the matter of funding proposal for the DeMers Avenue and 42nd Street Underpass Project, and recommended to authorize staff to proceed with negotiations.

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

Terry Bjerke, 5356 5th Avenue North, questioned what the cost of the project is, and how much is to be funded by the federal government, state government, and local government. Mr. Vein, city engineer, reported that estimated cost is $6.5 million and that negotiations have not started. He also reported that the State is asking the City to give up classification of DeMers from a regional secondary to an urban road system, that this is new and staff will negotiate with them.

Mr. Bjerke stated that it was made plain and clear to the citizens that no property tax money would be used for the Aurora project and that the project would not go over budget, that he considers this project related to the Aurora as off-site infrastructure. He stated that the approximate cost of the Aurora and its off-site infrastructure is now approx. $82 million; that the money for this crossing could be used to make the special assessments for the dike less to the citizens of Grand Forks and if this project is designated as having nothing to do with the Aurora we’re telling our citizens that this project is more important than our dike system. He stated that he believes this vote is much more than a vote on a road project, need to tell citizens that this project is not related to the Aurora and that’s why going to use other City money to fund it. He asked if City would proceed with this project with non-Aurora city funds if the Aurora was not there. Mr. Vein reported this project has been in long range transportation plan prior to the Aurora, had done the advanced R/W purchase at this intersection, planning on putting this grade separated crossing in and now trying to time it with the Aurora, but this has been in plan for some time.

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

AUTHORIZE ENTERING INTO END USER/WARRANTY
AGREEMENT WITH ITRON (WATER METER REPLACE-
MENT PROJECT)
Committee No. 3, Public Service, reported having considered the matter of ITRON end user license and warranty agreement, and recommended that we authorize entering into the agreement.

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

DENY REQUEST TO WAIVE BALANCE OF PHASE
III REHAB LOAN (1018 SHAKESPEARE ROAD)

Committee No. 4, Urban Development, reported having considered the matter of Phase III Rehab issue, and recommended to deny the request of the Gronhovd’s at 1018 Shakespeare Road to waive the unforgiven $12,000 balance on their Phase III Rehab loan.

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

APPROVE ENGINEER’S REPORT RE. STREETSCAPE

Committee No. 4, Urban Development, reported having considered the matter of CDBG Engineer’s Report re. streetscape, and recommended to approve the CDBG engineer’s report regarding streetscape.

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

APPROVE COOPERATIVE AGREEMENT FOR SUMMER
YOUTH PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of cooperative agreement for Summer Youth Program, and recommended to approve and ask the proper city officials to sign the document contingent upon approval of the city attorney.

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

AUTHORIZE REQUESTING WAIVER FOR CITY
EMPLOYEES NOT IN DECISION-MAKING CAPACITY
RE. HUD-FUNDED PROGRAMS

Committee No. 4, Urban Development, reported having considered the matter of conflict of interest, and recommended that the city council request a waiver for City employees not in a decision-making capacity in regard to HUD-funded programs.

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

APPROVE VARIOUS CHANGE ORDERS
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders and recommended approval of $68,974 to Concrete, Inc.; $4,279 to Moorhead Electric; $17,060 to Construction Engineers; $569 to Listul Industries contingent upon assignment of ultimate responsibility for the cost; $2,011 to Lee Davis Electric contingent upon assignment of ultimate responsibility for the cost; $5,628 to Lee Davis Electric; $3,949 to T.F. Powers; $20,858 to Construction Engineers; $2,811 to Construction Engineers; $2,076 to Hanson Electric; and to approve substantial completion for various projects for the Corporate Center.

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

GRANT EXTENTION OF VOUCHER DEADLINE FOR
RELOCATION

Committee No. 4, Urban Development, reported having considered the matter of request for extension to relocation voucher deadline, and recommended to extend the voucher deadline to September 15 for Gene and Bernice Goodman.

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

PROCEED WITH RFP’S FOR REDEVELOPMENT OF
RESIDENTIAL STRUCTURES AND/OR LOTS

Committee No. 4, Urban Development, reported having considered the matter of RFP’s for redevelopment of residential structures and/or lots, and recommended to proceed with the RFP’s for redevelopment of residential structures and/or lots.

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

APPROVE BID FOR ELEVATOR FOR SOUTH 3RD
STREET CORRIDOR

Committee No. 4, Urban Development, reported having considered the matter of elevator for South 3rd Street corridor (city center elevator installation and corridor restoration in South 3rd Street building 4), and recommended approval of the low bid of Terry T. Rogers with Alternate 1 in the amount of $118,564 with Alt. 1 deduct of $200.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH
STATE HISTORICAL PRESERVATION OFFICER
FOR DRY-SIDE PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of Memorandum of Agreement (MOA) between City and State Historical Preservation Officer for dry-side properties, and recommended that the proper City officials enter into an agreement between the City and State Historical Preservation Officer with regard to dry-side properties.

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

Gerri Alberts, 113 Walnut Street, reported that the property at 104 Chestnut Street has been bought by the City and has been sitting vacant since four months ago, and their neighborhood interest is to have the lot adjacent to this property and for this property to be demolished which would make a beautiful 100x140 ft. lot, and would welcome another house in their neighborhood but are told that the police department is interested in this lot and that there’s a half-way house interested, but would like to see historical house brought to this area. It was noted that 104 Chestnut is included in the list of items which are to be saved and rehabbed. Ms. Alberts asked that Lots 1 and 3, Block 7, Traills Addition be considered for historical site.

Several property owners, including Dan Dailey, 114 Chestnut Street, Lori Petrick, 117 Walnut Street, expressed concern relative to rehabbing property at 123 Walnut, which is a historic home but which is on a half lot; that it would take approx. $50-55,000 to bring this house to Code, that they felt this would be a lot of money to invest into the property for a limited return because of size of lot, that they would support if it led to owner-occupied housing, that they have been working with the historical committee for approx. a year making their feelings known to them, taking the house out of the area would be their first choice because of the nature of the property; and that this would need some reconsideration or further study by one of the groups in the city before this is recommended

Council Member Glassheim stated that property at 123 Walnut is included on a list they are sending to the State for Memorandum of Agreement which once they sign it, will allow us to tear down houses that are not being preserved, that in the agreement that has been negotiated they agree to rehab on-site 20 properties. He asked if they could attach a caveat to this item that the City will guarantee that this will remain in single-family ownership for at least five years; and Mr. O’Leary stated they could.

Council Member Glassheim moved to amend the motion to have the City assure that 123 Walnut will be owner-occupied for no less than five (5) years. Council Member Bouley seconded the motion.

Mr. Swanson reported that his office has researched that issue and not confident that would be an enforceable covenant unless Mr. O’Leary has a different idea on how that would be structured.

Mr. O’Leary stated that under the Phase III mitigation agreement they took second position in the lien and used a non-profit (Grand Forks Homes or Housing Authority or whoever, Habitat for Humanity) as a conduit to get that done and have a forgivable mortgage or accept proposals or put the house up for sale and have a lien on it. Mr. O’Leary stated that when that mortgage is forgiven and it’s a desire of the owner to rent the house there’s nothing the City could do about that, but can assure that for some given period of time or have a reasonable assurance that for some period of time that the initial occupants will be owner occupied.

Mr. Swanson advised that the matter before council has nothing to do with actual rehabilitation of the structure, the motion before council is a memorandum of agreement on which various properties are identified for consideration of rehabilitation, and that he’s not certain how they could attach any type of requirement through the SHHPO agreement that’s going to allow the City to enforce whatever guarantee or goal trying to accomplish, bottom line is this is the wrong spot to be talking about what trying to do, need to address that either in actual RFP for the property or in the evaluation of whatever proposals you get on that property unless the discussion is that this property shouldn’t be in negotiated agreement. It was noted that the council is required to mitigate for historical purposes.

Council Member Glassheim moved an amendment to approve the list and the Memorandum of Agreement on condition that the City will develop a process to encourage 123 Walnut to be owner/occupied. Council Member Polovitz seconded the motion.

Lonnie Winrich, Historical Preservation Commission, stated that the language of the Memo-random of Agreement is similar to other mitigation agreements and include a phrase to the effect that “..these properties will be rehabbed according to the Secretary’s standards and to City Code subject to approval by the city council..” and that means that council will have to allocate funds in order to do that rehab, these properties are going to come back before council when they have hard estimates on what it costs to rehab them, and that’s probably the time to put any kinds of conditions about occupancy, etc., and that it is the intention of the Preservation Commission and of Urban Development Department to encourage owner-occupancy in all of these rehabs, and that these are Phase II and III properties, and that they had at least 50% damage in order to be eligible for the City buyout, that they are in bad shape but because of the acceptance of federal funds and the requirements of federal law, there has to be certain mitigation for the adverse effects on historical properties, no one of these properties is going to be a good investment or return what it costs to rehab it but in comparison to the fact that spending that amount of money on the rehabilitation of 20 or 21 of these properties and in turn being able to get rid of another 50 or so that were in even worse shape, and Historical Preservation Commission spent a great deal of time and has been in many of these properties and that they picked the best of the lot, and trying to serve the city as best they can and represent these and help compliance with the federal law, and urged council to approve the mitigation agreement at the time that funds are appropriated for the actual rehabilitation of these properties and then address questions of occupancy.

Mr. Swanson advised that the language in the agreement in his interpretation requires the City of Grand Forks to rehabilitate at least 20 of the 21 properties on the list, and the rehabilitation must meet applicable City codes and the Secretary of the Interior’s guidelines for rehabilitation of historic properties, any property not selected in his opinion will require joint concurrence by the North Dakota State Historic Preservation Office. There is no indication in the terms of the agreement that the monetary costs of repair will be an item of consideration. He stated as he interprets the amendment it is unclear as to what authority is given to the City to enter into the agreement prior to the adoption of any procedures.

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

Upon call for the question, as amended, and upon voice vote, the motion carried 13 votes affirmative; Council Member Martinson voting against the motion.
DEFEAT MOTION TO RECESS MEETING TO
MAY 18, 1999

It was moved by Council Member Babinchak and seconded by Council Member Lunak that we adjourn this meeting until tomorrow night, May 18, 1999 at 5:00 p.m. Upon voice vote the motion was defeated.

DENY REQUEST FOR CONDITIONAL USE PERMIT
FOR MULTI-FAMILY RESIDENTIAL BUILDING IN AN R-2
(ONE AND TWO-FAMILY RESIDENCE) DISTRICT IN
LOT A, BLOCK 1, KELSEY’S 2ND ADDITION (HARRIMAN
BUILDING)

The Planning and Zoning Commission reported having considered the request from Harold Stadstad on behalf of SF Properties for approval of a conditional use permit for a multi-family residential building in an R-2 (One and Two-Family Residence) District as provided for in Section 18-0208, subsection (3) paragraph (A) of the Land Development Code, Lot A, Block 1, Kelsey’s 2nd Addition (located at the intersection of University Avenue and North 20th Street (Harriman building), and recommended denial of the request.

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

APPROVE REQUEST FOR VARIANCE TO SUBDIVISION
REGULATIONS RELATING TO R/W ACCESS TO
COLLECTOR STREETS FOR A SINGLE INDIVIDUAL
RESIDENCE DWELLING ON LOT 17, BLOCK 2, UNIVERSITY
HEIGHTS ADDITION

The Planning and Zoning Commission reported having considered the matter of request from Erland Greendahl for a variance to the subdivision regulations of the Land Development Code relating to right of way access to collector streets for a single individual residential dwelling on Lot 17, Block 2, University Heights Addition. The Code allows for two adjoining (non-individual) residential dwelling units to share a common driveway onto a collector street provided that each lot has a minimum of 150 feet of frontage on the collector and provided that the driveway is at least 120 feet back from any intersection. The applicant is requesting a variance from a joint access to individual access from a minimum of 150 feet to 140 feet and from a minimum of 120 feet to 80 feet (located at 3602 9th Avenue North), and recommended approval of the variance but to change the access control location to the common lot line.

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

APPROVE REQUEST FROM INTERSTATE DETROIT
DIESEL AND BIG SIOUX TRUCK STOP VARIANCE TO
SUBDIVISION REGULATIONS WHICH LIMITS ACCESS
TO A MINOR ARTERIAL EVERY 660 FEET

The Planning and Zoning Commission reported having considered the matter of request from Gary Berger and Brad Spicer on behalf of Interstate Detroit Diesel and the Big Sioux Truck Stop for a variance to the subdivision regulations of the Land Development Code, Section 18-0907(2)(L) 3 which limits access to a minor arterial every 660 feet. The applicants request a 40-foot wide access point on the common lot line between Lots A and B, Block 1, Columbia Park 22nd Addition, a reduction of 106.55 feet in the minimum spacing requirements, and recommend approval of the variance for an access control location.

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON REPLAT OF LOTS 2 AND 3, BLOCK
1, PERKINS FIFTH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of David J. Parker for preliminary approval of a Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota (located west of South Columbia Road and north of 40th Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 7, 1999.

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

Council Member Carpenter introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF COUNTRY VIEW
SECOND RESUB.

The Planning and Zoning Commission reported having considered the matter of request from Tim Christian, managing partner, on behalf of Country Development, LLP, for preliminary approval of a plat of Country View Second Resubdivision to the city of Grand Forks, ND (located east of Belmont Road and north of Adams Drive), including several variances to the subdivision regulations as noted in the review comments, 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 and to set the date of the public hearing for June 7, 1999.

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

Council Member Carpenter 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 Country View Second Resubdivision to he city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN R-2 (ONE AND TWO FAMILY RESIDENCE)
DISTRICT ALL OF COUNTRY VIEW SECOND RESUB.

The Planning and Zoning Commission reported having considered the request from Tim Christian, managing partner, on behalf of Country Development, LLP, for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the R-2 (One and Two Family Residence) District all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota (located east of Belmont road and north of Adams Drive), and recommended preliminary approval of the ordinance to amend zoning map, to introduce the ordinance and to set the date of the public hearing for June 7, 1999.

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

Council Member Carpenter introduced an ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and include within the R-2 (One and Two Family Residence) District, all of Country View Second Resubdivision to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY ORDINANCE RE. MOBILE
HOME TIE-DOWN CRITERIA, AND SET PUBLIC HEARING
FOR JUNE 7, 1999
The Planning and Zoning Commission reported having considered the matter of the request from Tim Manz on behalf of the Building Inspection Office, 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 18-0212(9)(F) Mobile Home Tie Down Criteria, and recommended preliminary approval of the ordinance to amend the Land Development Code, to introduce the ordinance (ordinance introduced May 3, 1999) and to set the public hearing for June 7, 1999.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN PERKINS 3RD PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, LOTS
2 AND 3, BLOCK 1, PERKINS 5TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Jerry Pribula on behalf of Dave Parker for preliminary approval of an ordinance to amend the Zoning Map to exclude from the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1 (located west of Columbia Road and between 36th Avenue South and 40th Avenue South), 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 June 7, 1999.

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

Council Member Carpenter 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 Perkins 3rd Planned Unit Development (PUD), Concept Development Plan and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, Lots 2 and 3, Block 1, Perkins 5th Addition, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION OF ANNEXATION, AND SET
DATE OF PUBLIC HEARING

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 Polovitz that this recommendation be and is hereby approved.

Council Member Carpenter reported that this item relates to a matter that was tabled about a month ago (April 19, 1999) to annex all of Kannowski’s Addition and other properties, and stated that they should be annexing as much of land that has been talked about as possible and as soon as possible, and moved an amendment to that effect calling for a public hearing and part of the rationale for this is that he believes that’s what we ought to do, and that what we approve tonight is the maximum that we can do and can be reduced either in size or parts can be delayed in time at the date of the public hearing, and that’s the appropriate time that they should be debating if there should be date certain for certain parts of it and not doing that tonight. He stated he disagrees with the Planning and Zoning’s recommendation; and moved an amendment to Planning and Zoning to adopt a resolution of annexation under NDCC 40-51.2-07 for that property described as (map) including entire properties of Carlson and Sagaser, not just the 140 ft., and believes this is the equivalent of Exhibit B that was back from Planning and Zoning minutes, and call for a public hearing to be held July 6, 1999 and direct notice to be given accordingly. The motion was seconded by Council Member Hafner. Document No. 7777 - Resolution.

Council Member Polovitz spoke against the amendment, that this is jump annexation, and urged voting for the Planning and Zoning Commission’s recommendation which was discussed at several meetings.

Council Member Hafner stated that he doesn’t believe this is jump annexation, and doesn’t believe that the best interests of the city were considered in the Planning and Zoning’s subcommittee and that by no means is this the final vote, there will be time to consider right and proper decision by July 6; that they will have opportunity to voice their opinions and believes that at the Planning and Zoning’s subcommittee the needs of the city of Grand Forks, the citizens who pay the taxes and assessments, was not considered.

Council Member Carpenter stated that what appears to be jump annexation is because we haven’t been willing to try to annex land when it should have been, and thinks that needs to change, and this is step one and step two is going back and getting that which we should. He asked is it fair to the taxpayers of Grand Forks for us to pay for all the development that somebody else is going to benefit from, and that’s why we have high taxes in the community because we don’t annex property when it’s appropriate and when it should be done, and asked council to support the amendment.

Council Member Bakken called for the question.

Upon call for the question on the amendment and upon roll call vote the following voted “aye”: Council Member Lunak, Klave, Babinchak, Bakken, Hafner, Brooks, Lucke, Hamerlik, Glassheim, Carpenter - 10; voting “nay”: Council Members Martinson, Polovitz, Bouley, Beyer - 4. Mayor Owens declared the motion carried.

Marijo Whitcomb, 302 40th Avenue South, member of the Planning and Zoning Commission, stated that with all the meetings that were held and that individuals and businesses involved agree that when the city grows to them they will be happy to be annexed at that time, and in most situations it’s a 37% increase in taxes when they have implemented their own services.

Grant Shaft, 910 Oakfield Avenue, questioned if the Planning Department was aware of the motions made at the last meeting and at this meeting prior to the meeting tonight. Mr. Potter, city planner, stated that Mr. Shaft’s question why the Planning Department didn’t warn anybody that this was going to happen, essentially this is a point in which the city council has to decide what they are going to formally put before the public in the form of an action for public hearing, etc., the fact that the Planning Department did know Mr. Carpenter was going to propose an alternative was simply an action that he had the right to propose, whether or not the city council would agree with that is really the issue, but if the council had rejected Council Member Carpenter’s proposal and accepted the Planning Commission’s proposal would still obviate the need to have the public hearing that was set tonight so you can complete requirements under State law.

Mr. Swanson stated that they have the prerogative to suspend the agenda, but as a matter of advising a department head, he would never advise a department head to tell the public not to show up at a meeting or not to voice a position at a meeting because the council is going to make a proposal, with all due respect to the members of this body, they are not entirely predictable.

Council Member Brooks called for the question.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner - 10; voting “nay”: Council Member Beyer, Martinson, Polovitz, Bouley - 4. Mayor Owens declared the motion carried.

APPROVE REQUEST FOR BIDDING PROCESS FOR
DIAL-A-RIDE VAN THROUGH COOPERATIVE
PUCHASING VENTURE
The Bus Committee reported having considered the matter of request to begin bidding process for dial-a-
ride van through cooperative purchasing venture; further the City to pursue legal advise on how to best

resolve proper ownership if another vendor is obtained at the termination of the current container.

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

APPROVE REQUEST TO START BIDDING PROCESS
FOR BUS WASHER AND RESTRAINT SYSTEMS

The Bus Committee reported having considered the matter of request to begin biding process for bus washer and restraint systems, and recommended approval.

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

APPROVE REQUEST FOR SELECTION OF OPTION NO. 2
DESIGN FOR TRANSFER CENTER

The Bus Committee reported having considered the matter to select Option #2 and proceed with the current location with Kittson and 5th, and provision to check with First National Bank for their parking location and if First National is not interested we should proceed post haste with the current plan on Kittson, and recommended to approve.

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

MATTER OF FLOOD MITIGATION PROJECT
1999-2000

The Flood Protection Committee reported having considered the matter of Flood Mitigation Project 1999-2000, and recommended to authorize contract negotiations with GFEG (Greater Forks Engineering Group) to provide engineering services for the 1999-2000 flood mitigation projects utilizing CDBG funds.

The Flood Protection Committee reported having considered the matter of Flood Mitigation Project 1999-2000, and recommended approval of the construction of an interim levee in the Lincoln Golf Course consistent with either Golf Course Alternate #1 or Golf Course Alternate #2 with final alignment to be worked out between City staff and the Park District and authorize use of CDBG funds.

The Flood Protection Committee reported having considered the matter of Flood Mitigation Project 1999-2000, and recommended approval of plans to restore and establish borrow pits, provide a road raise along Alpha Avenue and Red Dot Place, remove and stockpile clay from Belmont Road and authorize use of CDBG funds.

The Flood Protection Committee reported having considered the matter of approval for 1999-2000 Flood Mitigation Plans, and recommended to approve the alignment plans as recommended by City staff with authorization for minor alignment changes as property becomes available; direct staff to coordinate approval with the Park District in areas where alignments are within Park District property; adopt a policy to implement an interim flood mitigation project with a minimum dike elevation of 54 feet keeping emergency closures to a minimum, making it as economically feasible as possible and if other locations are not feasible to place the dike on berms.

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

The Flood Protection Committee reported having considered the matter of approval for 1999-2000 Flood Mitigation Plans, and recommended that the Belmont Road segment be built along Belmont Road.

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

Council Member Carpenter reported that this item includes the recommendation from Flood Protection that the Belmont dike go along side the road, and disagreed with that recommendation, that the dike should be on the course, that it’s an issue of safety, issue of aesthetics, issue of removal of trees that wouldn’t have to be removed with the permanent Corps flood protection plan, and moved to amend the motion to include the option that’s located between fairways 4 and 5. The amendment was seconded by Council Member Lunak.

Heather Solheim, 4839 5th Avenue North, representing Men’s Golf League, stated that the golf course option between the two fairways would be done from beginning to mid-August and would cut into a portion of the golf season, they have paid $340 for a season’s ticket and if take the only 18-hole golf course and turn it into a 9-hole course for the time it’s shut down, they would expect to be reimbursed for part of the season’s ticket, the Park Board would lose money and would hope for least impact on golf as can.

John Staley, Park District, stated it’s been planned for long time that the dike would probably go on the golf course and in that process the golf course convert from an 18-hole to a 9-hole golf course in terms of the permanent levee. He stated in the interim levee that they are discussing now, to put it on the golf course at the height they are talking about, is going to be quite a process, that he spoke at the public hearing that potentially they would do that at this point, since then they’ve had a golf course architect come in and work with the consulting engineering on the project and the process of putting the interim levee on the golf course is not going to be just a month, the golf course would be shut down all next summer, that there are technical issues that have come up, drainage that has to be considered underneath the dike so that no trapping water, etc. He stated in visiting with Mr. Vein, city engineer, the Flood Protection Committee was asked to consider a third alignment which was along Belmont Road and that the city engineering staff would work with the Park Board in developing one of the three alignments, two on the golf course or on Belmont Road, that staff met with the Park Board and the Park Board voted to put it along Belmont Road; that they’re not against putting it on the golf course but asked if they could go back and study this and look at when it might be done, wait a couple years to do it until the other 18-hole golf course is going and don't interrupt golf, etc. in the community, or at least visit about it before making the determination, and to stop golf for one year would be an impact. Mr. Staley stated putting up dike along Belmont Road is not to the extent of putting it on the golf course, to put it on the golf course the engineers are saying they would like the dike higher and wider because they can’t get easy access to it during a rainy spring when need to build up on it, where on Belmont they can get access.

Mr. Vein reported that the temporary dike is still located on Belmont Road and would be their preference in order to save costs and overall time is to take the clay directly off of Belmont Road and put it over into the golf course adjacent to Belmont Road now as soon as they feel assured that the water is not going to come back up again as it has, and have intentionally delayed taking the clay off for reasons they hadn’t anticipated earlier and would be a benefit from a cost standpoint to be able to do that, it depends on how much drying it's going to take to get the clay and get it compacted. Mr. Vein stated that in this location whether it’s the temporary or the permanent levee system it is the highest levee that they have being planned at this time. He stated that the advantages to be able to be doing this now is that the clay that is moved off of Belmont Road is there with one move, can come back and finish getting this section of the levee raised and then bring in black dirt and seeding on this because it’s important to get the turf established prior to a flood if were to have one next year. He stated that levee between fairways 4 and 5 would be approx. 18 feet high; that the height of the dike along Belmont Road would be about 12 ft. from the street side and if in the course about 16 ft. He stated that the Corps dike that has been proposed so far today goes down fairway 4 with the trees remaining on both sides.

He stated their goal is to have the interim flood protection project in place yet this year, the recommendation is that it’s cheaper to do it now right next to Belmont Road, that if they want to delay it, they will do that and make it work the best they can. He stated that at about 15th and Belmont the dike would be about 12 ft. from the street side. Mr. Vein stated the reason they are looking at this earlier is if we try to install clay later in the season and have a wet season you wouldn’t have any drying time, and that the material has to be dried and aerated to get it compacted to the right density; takes approx. 6 weeks and need time to establish turf because under flooding situations erosion is one of the things they want to try to avoid. It was noted that if they waited until mid-August to the end of the season that by the spring of 2000 both holes would be available and would have an 18 hole course.

Brian Westlund, Park Commissioner, stated that he wasn’t sure that the option between fairways 4 and 5 is an option for the Park District in keeping an 18 hole golf course. and if go with that option might have to reconfigure it to be a 9 hole course which would be a loss of income and can’t imagine a city of this size not having an 18 hole golf course.

Mr. Vein reported that if the dike were to go in along Belmont Road, it would parallel Belmont from 13th to Elks Drive along the entire length of Park District property.

Dr. Ben Clayburg, 1626 Belmont Road, stated that the only dike that was acceptable at public meeting was the one that went into the center and concluded that a good solution came to pass, to have it run in the path of where the new dike is going to be. He stated the important thing is to get a dike in that can protect them now until the permanent dike comes in several years, that they need to protect Walnut, Chestnut and Cottonwood areas so that they can start bringing homes in there and restoring that area but to tear down the trees along Belmont for the sake of the golf course doesn’t make sense. He stated that two of his neighbors were given promises by the City that they would not be building a dike along Belmont Road (these neighbors are out of town) and that they decided to bring their houses back because the City promised that it would not be done along Belmont Road. He urged that they place interim dike along where new dike will be in the future. The question was raised as to who would make those promises.

Council Member Lunak called for the question.

Mr. Swanson reported that a call for the question is discretionary with the chair as to whether the chair will put the matter up for a vote, if you wish to dictate that the matter be acted upon, you have to move the previous question and at that point the body votes on the motion for the previous question, and if the motion passes you go to vote with no further discussion, and if it fails, the matter is still open for discussion. He stated that what was raised was a call for the question which the chair may or may not accept, and if there is no general consensus as to vote, the discussion should continue.

Council Member Lunak stated that if the Park District owns the land, what did the City give them $1.8 million for. Mr. Swanson reported that the money that was paid was a down payment pending further negotiation for the termination of the overall purchase price, and that it would be his opinion that the City does not have the authority without either an easement, a license, some negotiation or eminent domain to place the clay on any portion that is not within public right of way; and that he doesn’t believe the fairway between 4 and 5 meets any of those qualifications at present.

Council Member Lunak moved to call for question, seconded by Council Member Babinchak. Upon voice vote, the motion carried.

Upon call for the question on the amendment (to locate the dike between the fourth and fifth fairways), and upon roll call vote, the following voted “aye”: Council Members Lunak, Klave, Beyer, Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter - 9; voting “nay”: Council Members Babinchak, Bakken, Hafner, Martinson, Hamerlik - 5. Mayor Owens declared the motion carried.

Upon call for the question, as amended, and upon roll call vote, the following voted “aye”: Council Members Klave, Beyer, Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak - 9; voting “nay”: Council Members Babinchak, Bakken, Hafner, Martinson, Hamerlik - 5. Mayor Owens declared the motion carried.

RECONFIRM PREVIOUS POSITION TO REMOVE
PEDESTRIAN BRIDGE

The Flood Protection Committee reported having considered the matter of EERC study on the pedestrian bridge, and recommended to reconfirm the previous position to remove the pedestrian bridge.

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

Tom Moe, EERC, reviewed results of their study, that they tried to redo what the Corps had done with their model and the water surface profiles through town, and essentially got the same results as what Corps got. He stated they began to look at different configurations of the bridge, rotating the central portion of the bridge deck, thinning down approaches to the central part, putting in or replacing the large side piers with smaller piers to see what affect that would have, and found that the differences in the water surface elevation with and without the bridge at various configurations from 12 hundredths of a foot and up to 45 hundredths and were able to reproduce the results the Corps got with their model and by reconfiguring various things on the bridge (bridge deck, turning bridge, replacing piers) can reduce the increase on the water surface elevation to various levels depending on what you do.

Council Member Glassheim moved an amendment to the committee’s report by substituting that we authorize an amount to be approved by the committee chair and staff to ask SEH Engineering firm to study the cost of making some improvements, including the turning option, bridge raising option, an approach decks modified, and a rough cut on approaches to the bridge, whether raised or not, and include a study of the cost to raise the dike profile by two inches. Council Member Bouley seconded the motion.

Council Member Glassheim reported that what was found in the study was that with modifications, rather than raising the water surface 6 tenths of an inch as the Corps has said it did, can reduce that based upon the models that were run. However, there are costs to save the bridge and his motion would spend another $20 to $40,000 range to find out whether they can save the bridge. He stated if they save the bridge, they can save $500,000 which the Corps has put in the project for building an additional or a new walking bridge at a lower elevation, that they’ve got 3 planned for $1.5 million, that if we save this we could request that they only build two, so that the project would be $500,000 less. He stated they have $225,000 in the budget for demolishing or moving or mitigating the loss of the historic structure. He stated it’s worth the money to find out whether they might be able to come close to those numbers, save the bridge and possibly save some money or not cost us more than saving it.

Council Member Hafner stated that this study validates the Corps previous study, that the committee voted on a similar motion as to Council Member Glassheim’s and rejected that, that we are spending a significant amount of money and time on the Shannon & Wilson study, these houses are in precarious situation, whether or not we can save them, and shouldn’t be jeopardizing all that work and money, and is for removing obstacles from the river and would if spend money on raising bridges, to raise the Sorlie Bridge.

Connie Triplett stated this is a quality of life issue, that people are interested in trying to preserve some of the history that we have, that we have given up a lot already, and urged support of the amendment.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Polovitz, Bouley, Glassheim, Lunak - 4; voting “nay”: Council Members Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Lucke, Hamerlik, Carpenter, Klave - 10. Mayor Owens declared the amendment defeated.

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

APPROVE FUND CHANGE IN DEFINED CONTRIBUTION
PLAN

The Pension and Insurance Committee reported having considered the matter of fund change in the defined contribution plan, and recommended to approve replacing the closed UAM/ICM Equity Portfolio Institution Class with the Federated Stock Trust Fund.

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

AUTHORIZE CHANGE IN POLICY AND ALLOW RETIRED
EMPLOYEES TO WORK ON LIMITED BASIS

The Pension and Insurance Committee reported having considered the matter of retired employees returning to work for City, and recommended change in policy for retired employees returning to work for the City would be limited to 20 hours per week.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirmative.
RECEIVE AND FILE ACTUARIAL VALUATION REPORT
AND AUTHORIZE PAYMENT OF FUNDS AS EMPLOYER
CONTRIBUTION FOR THE YEAR

The Pension and Insurance Committee reported having considered the matter of actuarial valuation report, and recommended that council receive and file the report and authorize payment of $1,000,520 as employer contribution for the year.

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

APPROVE REIMBURSEMENT TO EMPLOYEE
REPS. GROUP

The Pension and Insurance Committee reported having considered the matter of reimbursement request from employee reps. group, and recommended to approve reimbursement to the employee reps. group.

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

APPROVE CHANGE IN PENSION AND INSURANCE
COMMITTEE MEMBERSHIP AND INTRODUCE
ORDINANCE

The Pension and Insurance Committee reported having considered the matter of pension and insurance committee membership, and recommended to approve a change in the current ordinance to reflect that any plan participant may serve as a member of the pension and insurance committee.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 7-0214(1) of the Grand Forks City Code relating to the City pension committee”, which was presented, read and passed on its first reading.

APPOINT MEMBERS TO GOVERNMENT STRUCTURE
COMMITTEE

Council Member Carpenter reported he placed on the council members desks the listing of 11 individuals he nominated for the study committee, and moved approval of the individuals to the committee: Council Members Glassheim, Brooks, Lucke, Carpenter; Dave Beach, Darrell Larson, Blake Crosby, Clint Rodningen, Jr., Ross Weller, Jeanne Anderegg, Rob Kweit. The motion was seconded by Council Member Babinchak. Carried 14 votes affirmative.

APPROVE CHANGE ORDER FOR PUBLIC WORKS
FACILITY

Committee No. 3, Public Service, reported having considered the matter of change order for public works facility, Johnson Laffen, Architects, Ltd. in the amount of $527.00, and recommended to approve the change order.

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

MATTER OF SURPLUS PROPERTY

The city auditor presented the matter of 3 buses: a 1962 2 ton FWD chassis, 1966 GMC coach , and a 1966 GMC coach; that they would like to have these declared surplus and offer for sale. It was moved by Council Member Babinchak and seconded by Council Member Bakken that these vehicles be declared surplus and offered for sale. Carried 14 votes affirmative.

REFER ITEMS TO COMMITTEE

Various items were presented to the council for discussion and/or referral to committee:

1) Council Member Beyer presented the matter of property at 104 Chestnut Street, which was referred to the Urban Development Committee for consideration.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor