City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 19, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, July 19, 1999 at the hour of 7:40 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.

Mayor Owens introduced President Kupchela and his wife, Adele, from the University of North Dakota.

Mayor Owens introduced Mark Krauseneck, director of Grand Forks Development Foundation.

REPORT OF CONGRESSIONAL ADVISORY COMMITTEE

Council Member Hafner reported that the latest report on the Congressional update should be at council members’ desks, that they’ve exceeded offers of number of incentives they have available but that 18 additional do have requirements in their contracts of additional incentive money, and that the committee asked to request Urban Development Committee to consider allowing Congressional Management Committee to extent the incentives with some flexibility and deal with that at a later time. He stated with house sales closed and 21 more this month, it brings a total of 197.

APPROVE MINUTES OF MAY 3, 1999

Typewritten copies of the minutes of the city council meeting held on May 3, 1999, were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Bouley that these minutes be approved as read. Carried 14 votes affirmative.

SUSPEND RULES, AND RECONSIDER MATTER OF
FIRE CHIEF’S CONTRACT

Council Member Carpenter moved to suspend the rules to include at this time an item - matter of reconsideration of fire chief contract. The motion was seconded by Council Member Hamerlik. Carried 14 votes affirmative.

Council Member Carpenter moved to reconsider their prior approval of the fire chief’s contract; Council Member Lunak seconded the motion. Carried 14 votes affirmative.

Council Member Carpenter reported that the council had approved the contract and there were motions to amend the Civil Service Code to address an issue that Mr. O’Neill had, that there was reluctance by number of members of council to amend the Code to deal with this issue; and it was moved that we amend our previous motion (with appropriate language by the city attorney) to modify the contract by adding that if the mayor asks the resignation of the fire chief without due cause that one year’s severance pay be awarded to the fire chief, but if with cause (there are six provisions for cause) any severance pay be null and void, and to amend the contract to include provision which would require 180 days notice for renewal of the contract and that an offer would then be made of at least the current terms of the contract and if there is not final agreement then between the City and the employee prior to termination of the contract that any severance be null and void. Council Member Hamerlik seconded the motion.

Mayor Owens read the six provisions for cause: 1) conviction of or plea of guilty to a felony or class A misdemeanor; 2) violation of any ordinance or lawful and reasonable official regulation policy/order or directive or failure to obey any lawful and reasonable direction made and given by the mayor with such violation or failure amounts to an act of insubordination or serious breach of proper discipline resulting in or which may be reasonably expected to result in loss or injury to the City or to the public; 3) violation of the alcohol and control substance policy; 4) theft or intentional destruction of City property or the unauthorized possession or use of City property, equipment or materials; 5) fighting or threats of physical violence; 6) the employee’s engaging in a private business or in an outside trade or occupation so that the duties of the employee’s position as described by law or regulation or by the mayor are impaired or made less effective by the employee’s outside business, trade or employment.

Mr. Swanson stated that the mayor would initiate discussions and negotiations on the contract, however, for any renewal or change in terms would be up to the council; and non-renewal would be at mayor’s action. It was noted that the Mayor and Mr. O’Neill are in agreement to this.

After discussion and upon call for the question on the amendment and upon voice vote, the motion carried 14 votes affirmative.

Upon call for the question on the motion, as amended, 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 motion carried.

ADOPT ORDINANCE NO. 3802, AMENDING ZONING
MAP TO INCLUDE WITHIN PERKINS 3RD PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, LOTS 2 AND
3, BLOCK 1, PERKINS 5TH 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 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 had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Jerry Pribula on behalf of Dave Parker for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. Council Members Hafner and 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. 3803, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF PERKINS
FIFTH ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were 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 Pribula Engineering and surveying on behalf of David J. Parker for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. Council Member Hafner and Council Member Carpenter 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. 3804, RELATING TO
CONDUCT OF COUNCIL MEETINGS AND RELATING
TO PUBLIC MEETINGS

An ordinance entitled “An ordinance amending portions of Section 2-0301 of the Grand Forks City Code relating to conduct of council meetings and adopting Section 2-0302 relating to public meetings”, which had been introduced and passed on its first reading on July 6, 1999, was presented and read for consideration on second reading and final passage.

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. 3805, RELATING TO
THE CIVIL SERVICE SYSTEM

An ordinance entitled “A technical corrections ordinance amending specific sections of Chapter VI of the Grand Forks City Code relating to the Civil Service System”, which had been introduced and passed on its reading on July 6, 1999, was presented and read for consideration on second reading and final passage.

Committee No. 1, Finance, reported having considered the matter of technical corrections ordinance amending specific sections of the Grand Forks Civil Service Code, and recommended to delete the re-employment register as related to the fire chief contract from the technical corrections.

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

Council Member Carpenter moved an amendment to the ordinance to delete the re-employment register as related to the fire chief contract, which was seconded by Council Member Hamerlik. Carried 14 votes affirmative.

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

Upon call for the question of adoption of this ordinance, as amended, 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. 3806, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF SATROM’S
FIRST 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 Satrom’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on June 7, 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.

Cindy Hiebert, 710 Chestnut Street, manager of Mini-Mart, stated that the connection would be going right between the fence and her building, that Mini-Mart has been there for fifteen and half years, that Mini-Mart has put a lot of money into this, were asked to put the fences up in order to separate the business and houses, along with all the trees, etc., and asked for reconsideration and if any new business needs access to 32nd Avenue South through that way.

The manager of Big Wheel Rossi stated he shares same concerns as business neighbors with access way through back door and create lot more traffic flow and increases danger for pedestrians and other moving vehicles.

Dennis Potter, City Planner, stated that the platting is a proposal to divide the existing property which runs on South Washington Street into two parcels so the southern parcel can be developed, that there’s no dedication of public rights of way or no intent to open up any east/west streets in either one of these areas and no intent to open up a north/south street and assured those individuals who spoke that there's nothing in this plat that opens up additional public rights of way.

Mayor Owens closed the public hearing.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from John Satrom on behalf of Gale Satrom for final approval of the plat of Satrom’s First Addition to the city of Grand Forks (located in the 3000 block of South Washington Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. Council Member Hafner and Council Member Babinchak 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.

CONTINUE PUBLIC HEARING AND SECOND
READING OF ORDINANCE TO AMEND ZONING
MAP TO INCLUDE WITHIN HAAKE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, TO
AUGUST 16, 1999

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the HAAKE PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the HAAKE PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3”, which had been introduced and passed on its first reading on June 7, 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 Kevin Ritterman/Dakota Financial and Development, on behalf of Bruce McGregor/US Bank for final approval of an ordinance amending the Zoning Map to exclude from the HAAKE Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and to include within the HAAKE Planned Unit Development (PUD), Concept Development Plan, Amendment No. 3 (located in the northeastern corner of 13th Avenue South and South Columbia Road), and recommended tabling the request until the August 4, 1999, Planning and Zoning Commission meeting and continuing the public hearing until August 16, 1999.

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

CONTINUE PUBIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT A TRACT
OF LAND LOCATED IN THE SE QUARTER OF SECTION
32, T152N, R50W OF 5TH PRINCIPAL MERIDIAN TO
AUGUST 16, 1999

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, a tract of land located in the SE l/4 of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian”, which had been introduced and passed on its first reading on June 7, 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 that they had considered the matter of the request from the Planning Department on behalf of the Engineering Department for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District a tract of land located in the SE ¼ of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian) and recommended tabling the request until the August 4, 1999 Planning and Zoning Commission meeting and continuing the public hearing until August 16, 1999.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE LAND DEVELOP-
MENT CODE, AMENDING ARTICLE 3, RULES AND
REGULATIONS, TO AUGUST 16, 1999

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 3, Rules and Regulations”, which had been introduced and passed on its first reading on June 7, 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 the City Planning Department for final approval of an ordinance amending the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations, Section 18-0311 Downtown Design Review Team, and recommended tabling the request until the August 4, 1999, Planning and Zoning Commission meeting and continuing the public hearing until August 16, 1999.

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

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 561, PROJECT NO. 4589

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 561, Project No. 4589, paving on Desiree Drive in Country View First Resubdivision had expired on July 15, 1999, and that he had received no written protests.

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

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 7830 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest against Paving District No. 561, Project No. 4589, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 568, PROJECT NO. 5019

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 568, Project No. 5019, paving on South 26th Street from 36th to 37th Avenue South, had expired on July 1, 1999, and that the public hearing had been continued until this evening, and that he had received no written protests.

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

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 7831- Resolution.

It was moved by Council Member Klave and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest against Paving District No. 568, Project No. 5019, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING AND DETERMINATION
OF PROTEST ON PAVING DISTRICT NO. 562, PROJECT
NO. 4714

The city auditor reported that the period for filing protest on the resolution of necessity for the improvements in and for Paving District No. 562, Project No. 4714, paving on North 55th Street from DeMers to Gateway Drive, had expired on July 14, 1999, and that he had received no written protests. However, it was reported that the bid opening had been extended to July 26, 1999 and in order to give the property owners an opportunity to see the bids and the cost of the project, it was moved by Council Member Hamerlik and seconded by Council Member Hafner that the hearing on the determination of protest be and is hereby continued to August 2, 1999. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 4589, DISTRICT NO. 561

The city auditor presented and read tabulation of bids which had been received and opened on July 12, 1999 for Paving Project No. 4589, District No. 561, paving on Desiree Drive in Country View First Resubdivision, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $141,171.50: Document No. 7832 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 4589, District No. 561, in the amount of $179,300.00, was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Paving Project No. 4589, District No. 561, paving Country View, and recommended to accept the low bid of Valley Contracting Company in the amount of $141,171.50.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7833 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4589, District No. 561, to Valley Contracting Company 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.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5019, DISTRICT NO. 568

The city auditor presented and read tabulation of bids which had been received and opened on July 12, 1999 for Paving Project No. 5019, District No. 568, paving on South 26th Street from 36th to 37th Avenues South, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $57,400.10: Document No. 7834 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5019, District No. 568, in the amount of $72,900.00, was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Paving Project No. 5019, District No. 568, paving on South 26th Street from 36th to 37th Avenues South, and , and recommended to accept the low bid of Valley Contracting Company in the amount of $57,400.10.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7835 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5019, District No. 568, to Valley Contracting Company 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.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Public Safety Committee:
1) request for amendment to the ordinance re. loud parties.

Urban Development Committee:
1) matter of Phase III Rehab Program
a) request to forgive mortgage
b) request for admittance and program funding
2) matter of cost matrix budget transfers
3) matter of Mortenson change orders
4) matter of leaseback to commercial tenant at 630 North 3rd Street
5) matter of historical rehab.

REPORTS OF OFFICERS

The city auditor’s cash report as of June 30, 1999 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENT

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, June 24, 1999, that notice had been published as required and that the following appeals were heard: 1) Heyd Construction on behalf of Rosella Wesley, 2002 Blackwood Avenue, request for variance to the property total and front yard impervious area requirements to pave additional driveway area, variance approved to allow fifty-two percent impervious surface area coverage and sixty percent impervious surface area coverage in the front of the property in order to pave additional driveway area; 2) Eugene Pladson, 522 Chestnut Street, request for variance to the impervious area requirement to pave additional area for access to the property, variance approved to allow sixty-six percent impervious surface area coverage in order to pave additional area for access on the property; 3) Dale Michael Rooker, 623 South 16th Street, request for variance to the impervious surface area, front/side yard setback and accessory building requirements to build a detached garage, this matter was tabled until the next meeting because of lack of representation from the property owner; 4) Valdak Corporation, 110 Belmont Road, request for variance to repave a portion of the property, variance approved to allow 7.5 feet of paving setback and buffer yard along the south property line in order to pave a parking lot; 5) Curtis and Susan Kolbo, 2523 10th Avenue North, request for variance to the residential accessory building requirements to build a detached garage addition, this matter was tabled until next meeting because of lack of representation from the property owner; 6) David and Diane Berg, 532 Cambridge, request for variance to the side and front yard setback requirements to build a deck, variance approved to allow 9.5 ft. of front yard and 1 ft. of side yard setback in order to construct a deck.

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

APPROVE BILLS

Vendor Payment No. 99-12, dated July 19, 1999 and totaling $4,625,867.80, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Carpenter 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 Member 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 dispense with the reading of the recommendations of the standing committees unless a council member or individual in the audience requests such to be read or pulled if acceptable to the chair, or if the minutes weren’t distributed in packets. Council Member Martinson seconded the motion. Carried 14 votes affirmative.

Mayor Owens asked if there were any items under any of the committees that the council wishes to send back to committee prior to going through the agenda items:
1) Council Members Carpenter and Brooks asked that Item 7-4 matter of negotiating contract for annual report.
2) Council Members Lucke and Lunak asked that items 7-22 matter of CDBG Engineer’s Report for Project 4973, Watermain Replacement Loop on North 15th Street and 8th Avenue North, and 7-24b, matter of change order for Proj. 4851, Sanitary Forcemain from Pump Station #39, C.O. #1, and 7-24h matter of change order for Proj. 4929, water on South 20th Street from 36th to 40th Avenues South.

APPROVE EXTENSION OF TEMPORARY DISABILITY
FOR EMPLOYEE

Committee No. 1, Finance, reported having considered the matter of request for extension of temporary disability and light duty status by Sgt. Jerry Rupe, and recommended approval to authorize a six-month extension of temporary disability and light duty status to Sgt. Jerry Rupe.

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.

ESTABLISH PUBLIC HEARING ON AUGUST 16, 1999
FOR APPLICATION FOR PROPERTY TAX EXEMPTION
BY NORTH CENTRAL MANAGEMENT GROUP, INC.

Committee No. 1, Finance, reported having considered the matter of application for property tax exemption for new or expanding businesses by North Central Management Group, Inc., 525 DeMers Avenue, and recommended to establish a public hearing for August 16, 1999.

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.

APPROVE 1998 COMPREHENSIVE ANNUAL FINANCIAL
REPORT

Committee No. 1, Finance, reported having considered the matter of 1998 Comprehensive Annual Financial Report, and recommended council receive, file and authorize final payment to Brady Martz & Associates, P.C.

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

APPROVE RENEWAL OF SALES TAX COLLECTION
CONTRACT

Committee No. 1, Finance, reported having considered the matter of renewal of sales tax collection contract, and recommended approval to authorize proper City officials to sign a sales tax collection contract subject to final review by the city attorney.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE RENEWAL OF JOINT POWERS AGREEMENT
FOR EMERGENCY MANAGEMENT PROGRAM

Committee No. 2, Public Safety, reported having considered the matter of renewal of Joint Powers Agreement for Emergency Management Program, and recommended to approve renewal of the Joint Powers Agreement for a period of five years beginning September 1, 1999 and extending through August 31, 2004.

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

ACCEPT BID FOR MOVERS TO MOVE HEALTH
DEPARTMENT AND NORTHEAST HUMAN SERVICES
TO COUNTY OFFICE BUILDING

Committee No. 2, Public Safety, reported having considered the matter of (joint) bids for moving of Health Department and Northeast Human Services to County Office building , and recommended to accept the low bid of Kedney Moving Center in the amount of $9,250.00 for the health department (and $27,000 including option for moving of computers for Northeast Human Services.)

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 GRANTS WITH NORTH DAKOTA
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grants with the North Dakota Department of Health for TB Screening Services grant agreement in the amount of $11,482 for period July 1, 1999 to June 30, 2000, and for HIV/AIDS Testing grant agreement in the amount of $10,500 for period July 1, 1999 to June 30, 2000, and recommended to approve the grant amendments contingent upon final review by the city attorney.

It was moved by Council Member Bouley and seconded by Council Member Bakken 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 ONE-YEAR DELAY IN CONSTRUCTION
OF SIDEWALK AT 636 49TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of request to delay sidewalk construction at 636 49th Avenue South, and recommended to approve a one-year delay in construction of the sidewalk.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4669.4, DISTRICT NO. 386.4, SOUTHEND
DRAINWAY PHASE IIIA, GOLF COURSE PORTION.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Southend Drainway, Project No. 4669.4, District No. 386.4, Southend Drainway Phase IIIA, Golf Course portion, and recommended to approve the plans and specifications contingent upon engineering’s final review and design or layout of the drainway through the course, and that the joint powers agreement be referred to Flood Protection Committee.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7836 - Resolution.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4824

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 1 (design), WSN, Project 4824, overlay streets city wide (CDBG) for an additional 211 blocks of city streets, and recommended approval of the contract amendment for an additional $62,850.00 for a total of not to exceed $80,010.00.

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

ACCEPT BIDS FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the matter of bids for traffic paint, and recommended to accept the bid of Diamond Vogel for 1210 gal. white paint at $7.23/gal. and 1055 gal. yellow paint in the amount of $7.13/gal. for a total bid of $16,270.45 in 55 gal. drums.

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

ACCEPT BID FOR FOUR-WHEEL DRIVE PLOW
TRUCK FOR STREET DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for four-wheel drive plow truck, and recommended to accept the low bid of W. W. Wallwork in the amount of $122,080.00.

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

ACCEPT BID FOR GENERATOR FOR PUBLIC WORKS
FACILITY

Committee No. 3, Public Service, reported having considered the matter of bids for generator for public works facility (100KW generator), and recommended to accept the low bid of Cummins North Central, Inc. in the amount of $23,797.00.

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

ACCEPT BID FOR TRUCK GENERATOR FOR WASTEWATER

Committee No. 3, Public Service, reported having considered the matter of bids for truck generator for wastewater, and recommended to accept the low bid of Butler Machinery for $61,657.00.

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

ACCEPT BID FOR PHOTOCOPY MACHINE FOR
INSPECTIONS

Committee No. 3, Public Service, reported having considered the matter of photocopy machine bids, and recommended to accept the low bid of Advance Business Methods for the Savin machine and to authorize the additional purchase of the stapler and three-hole punch for $1,142.00 for a total of $10,376.00.

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

ACCEPT BIDS FOR PUBLIC WORKS FACILITY
RENOVATION BIDS, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of Public Works Facility renovation bids, City Project No. 4822, and recommended to accept bids, including alternates: General Construction: Diversified Contractors, $688,800 plus alternates of $77,600.00; Mechanical Construction: C.L. Linfoot, $246,800.00 plus alternates of $81,630.00; Electrical Construction: Bergstrom Electric, Inc., $125,480.00 plus alternates of $15,700.00; in the total amount of $1,231,170.00.

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

Committee No. 3, Public Service, reported having considered the matter of budget amendments for Public Works Facility renovation, project No. 4822, and recommended to transfer funds not to exceed $35,000 for Solid Waste, $140,000 each for Wastewater and Water Distribution.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement along 47th Avenue South from Washington Street eastward, Projects Nos. 4904 and 4923, and recommended to approve the easement and to approve dollar amount of $2,600.00 for crop damage on said parcel of land to be paid to Francis Curran and that the number was established as per the party farming that land; and to authorize proper City officials to execute the easement.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement near the intersection of Cherry Street and 55th Avenue South, Project No. 4926, and recommended to approve the easement and to authorize proper City officials to execute the easement.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement along 55th Avenue South from Cherry to 11th Street, along South 11th Street from 55th to 57th Avenue, and along 57th Avenue South from 11th to Washington Street, project No. 4926, and recommended to approve the easement and to authorize proper City officials to execute the easements.

Committee No. 3, Public Service, reported having considered the matter of utility easement along 55th Avenue South from Cherry to 11th Street and along South 11th Street from 55th Avenue southward, Project No. 4926, and recommended to approve the easement and to authorize proper City officials to execute the easements.

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

AUTHORIZE ENTERING INTO ENCROACHMENT
AGREEMENT WITH WILLIAMS ENERGY SERVICES
FOR PAVING PROJECT NO. 5003

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement with Williams Energy Services for Project No. 5003, paving 36th Avenue South from Columbia Road to 30th Street, and recommended to approve entering into the agreement, contingent upon city attorney’s review.

It was moved by Council Members Klave and 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.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR UTILITITIES TO SERVE STADTER PSYCHIATRIC
CENTER

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for sanitary sewer, watermain and storm sewer to serve the Stadter Psychiatric Center, and recommended to authorize entering into agreement with appropriate parties (RPSI, LLC, developer and engineer).

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

APPROVE AMENDMENT NO. 9, ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 4862

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 9, construction administration, Webster, Foster &Weston, Project No. 4862, Restore Storm sewer, Area 1 (CDBG), and recommended to authorize entering into Amendment No. 9 to the engineering services agreement in an amount of $190,335.00.

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

APPROVE RESOLUTION CREATING ASSESSMENT
DISTRICT, SIDEWALK PROJECT NO. 4831, DISTRICT
NO. 17

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4831, District No. 17, sidewalk repairs Valley Park easements, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7837 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner 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
motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SIDEWALK
PROJECT NO. 4831, DISTRICT NO. 17

The city auditor presented and read the engineer’s report on Sidewalk Project No. 4831, District No. 17: Document No. 7838 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SIDEWALK PROJECT NO. 4831,
DISTRICT NO. 17

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7839 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution 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 resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4582, DISTRICT NO. 380

The city engineer’s estimate of total cost of the construction of sidewalk on 16th Avenue North, west of North 42nd Street, in the amount of $67,284.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4582, District No. 380, storm sewer on 16th Avenue North, west of North 42nd Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7840 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4999, SANITARY SEWER LINING UNDER
SOUTH JUNIOR SENIOR HOUSING

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4999, sanitary sewer lining under South Junior Senior Housing, and recommended to approve plans and specifications.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NOS. 5038, 5039 AND 5040

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects No. 5038, 5039 and 5040, sanitary sewer, water and storm sewer in Country View 2nd Addition, and recommended to approve plans and specifications contingent upon engineer’s final review.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5044

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5044, landscaping South Washington Street from Hammerling to 32nd Avenue South, and recommended to approve plans and specifications.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5015,
FLOOD MITIGATION PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5015, Flood Mitigation Phase I, C.O. #1 (CDBG), Nodak Contracting, contractor, to establish hourly rates, and recommended to approve the change order to establish hourly rates for the items included.

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

APPROVE CHANGE ORDERS FOR PROJECT NO. 4684

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4684, Sanitary Pump Station #33, General, C.O. #2, Construction Engineers, Ltd., contractor, $1,022.00, and recommended to approve the change order.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4684, Sanitary Pump Station #33, Electrical, C.O. #2, Construction Engineers, Ltd., contractor, $4,020.98, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4861.
SANITARY SEWER RESTORATION AREA 1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4861, Sanitary Sewer Restoration Area 1, C.O. #1 (CDBG), Molstad Excavating, Inc., contractor, $3,668.00, and recommended to approve the change order.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, 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. 4719,
SANITARY SEWER RESTORATION AREA 2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, Sanitary Sewer Restoration Area 2, C.O. #7 (CDBG), Lametti & Sons, Inc., contractor, $18,311.00, and recommended to approve the change order.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, 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. 4866,
STORM SEWER RESTORATION AREA 4

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4866, Storm Sewer Restoration Area 4, C.O. #1 (CDBG), Molstad Excavating, Inc., contractor, $20,666.00, and recommended to approve the change order.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, 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. 4654.466
PRIORITY SEWER REPAIRS

Committee No. 3, Public Service, reported having considered the change order for Project No. 4654.466, priority sewer repairs, C.O. #5 (CDBG), Robert Gibb & Sons, contractor, $135,900.00, and recommended to approve the change order, with new completion date of September 30, 1999.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, 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. 4694,
FLOOD CONTROL STRUCTURES ON ENGLISH COULEE

Committee No. 3, Public Service, reported having considered the change order for Project No. 4694, Flood Control Structures on English Coulee, C.O. #2 (CDBG), ICS, contractor, $1,985.00, and recommended to approve the change order.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, 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. 4695,
FLOOD CONTROL STRUCTURES ON RED RIVER

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4695, Flood Control Structures on Red River, C.O. #2 (CDBG), ICS, Inc., contractor, deduct of $1,250.00, and recommended to approve the change order.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4695, Flood Control Structures on Red River, C.O. #3 (CDBG), ICS, Inc., contractor, $1,985.00, and recommended to approve the change order.

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

APPROVE WASTEWATER LIFT STATION #1

Committee No. 3, Public Service, reported having considered the matter of siting approval for Wastewater Lift Station #1, and recommended to approve #1 Lincoln Drive.

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

Bill McKechnie, 302 Cleo Court, representing people who reside at 1 Lincoln Drive and 110 8th Avenue South - Geraldine Proulx, 2816 Shadow Road representing Elsie Fried who owns property at 1 Lincoln Drive, and Frank and Carol Kelly, that there is a lift station that the City wants to put on 1 Lincoln Drive, that there are two concerns that they have and would like this to go back to the Public Service Committee: 1) the council approved the allowance of Mrs. Proulx to go back into her home and spend some $30,000 renovating the property after the flood and now want to take her house and put lift station there, and that there are several other locations that the lift station could go, and 2) that this house has been owned by this family for 73 years and that architect for the house was a Mr. Deremer and has substantial historical significance and was sited in the report prepared and published in the newspaper provided to the council by Royce Yeater, that at the present time the house has not been listed on the National Historic Register but an application will be pending for that designation, and move to put in a lift station is premature and asked that they send this back to Public Service Committee for further discussion and consideration.

Council Member Hafner, chairman of the public service committee, reported that item was considered by the committee on three occasions and not appropriate to send it back to committee, and that he understood it was not eligible for the National Register. Lonnie Winrich, Historic Preservation Commission, stated that the survey that was done in the l980’s was reviewed by the State Historical Society and it was their judgment that the house had no historical potential at that time; that Mr. Yeater’s survey was not done under the standards of the Secretary of the Interior for surveys of historical property, that Mr. Yeater developed his own rating scale in his consulting contract with the City, and officially the house has no historical status and that’s a ruling of the State Historical Society.

Tom Hanson, engineer with WFW, stated they were asked to work with the City on picking the site for this lift station, that the site at 1 Lincoln Drive is best to meet technical aspects, most economical of three sites they’ve evaluated, and this site allows us to be adjacent to a plan Corps of Engineers storm water pumping station which will include generation facilities, and that means we have automatic generator power at that station and it would take care of itself in emergency situations.

Frank and Carol Kelly, 101 8th Avenue, and Geraldine Proulx, 2816 Shadow Road, spoke against this site for the lift station.

After further discussion and upon call for the question, and upon voice vote, the motion carried 13 votes affirmative; Council Member Lunak voted against the motion.

APPROVE ENGINEER’S REPORT AND CREATION OF
THE JOINT POWERS AREA

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4669.4, District No. 386.4, storm sewer southend drainway Phase IIIA, Golf Course portion, and recommended to approve Engineer’s Report and creating of the joint powers area.

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.

The city auditor presented and read the engineer’s report on Project No. 4669.4, District No. 386.4, storm sewer southend drainway Phase IIIA, Golf Course portion: Document No. 7841 - Report.

The city attorney will draft the joint powers agreement between the City of Grand Forks and Grand Forks Park District for execution by authorized officials.

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.

EXTEND PHASE III REHAB PROGRAM FOR PROPRTY
AT 1001 BELMONT ROAD

Committee No. 4, Urban Development, reported having considered the matter of request for extension of Phase III Rehab Program, and recommended to extend the Phase III Rehab Program for 1001 Belmont Road to October 30, 1999.

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 CHANGE ORDERS FOR COPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders for Corporate Center, and recommended approval of change order to T.F. Powers in the amount of $546.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders for Corporate Center, and recommended approval of change order to McFarlane Sheet Metal in the amount of $1,004.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders for Corporate Center, and recommended approval of change order to McFarlane Sheet Metal in the amount of $190 (Camrud cost).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders for Corporate Center, and recommended approval of change order to Hanson Electric in the amount of $6,975.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson (deductive) change orders for demolition, and recommended approval of deductive change order to Landwehr Construction in the amount of ($7,170).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson (deductive) change orders for demolition, and recommended approval of deductive change order to Duckstad Contracting (BP #10) in the amount of ($6,020).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson (deductive) change orders for demolition, and recommended approval of deductive change order to Duckstad Contracting (BP #12) in the amount of ($3,595).

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

AUTHORIZE SOLICITING BIDS OF ABATEMENT OF
ELKS CONDO PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of authorization to advertise for bids for abatement of Elks Condo properties, and recommended to authorize the Office of Urban Development to solicit bids for the abatement of hazardous materials at the Elks Condo properties, 255 Elks Drive.

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 CDBG FUNDING FOR ABATEMENT
AND DEMOLITION OF PROPERTIES NEAR PHOENIX
SCHOOL

Committee No. 4, Urban Development, reported having considered the matter of authorization to use CDBG funds allocated to School District acquisition for abatement and demolition of same properties, and recommended to authorize use of CDBG funding for abatement and demolition of three properties around Phoenix School.

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 DEMOLITION OF PROPERTIES WITH
CDBG FUNDS

Committee No. 4, Urban Development, reported having considered the matter of authorization to demolish house at 609 South 5th Street with CDBG funds, and recommended to authorize staff to negotiate with Gowan Construction to include in their bid package the demolition of 609 South 5th Street, 1510 Belmont Road and the foundation at 3125 Elmwood Drive, up to $25,000.

Committee No. 4, Urban Development, reported having considered the matter of authorization to demolish house at 615 South 5th Street with CDBG funds, and recommended that staff demolish 615 South 5th Street as a separate project up to $10,000 with staff obtaining the best quote.

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

APPROVE SALE OF 28 SOUTH 3RD STREET (J.C.
PENNEY BUILDING)

Committee No. 4, Urban Development, reported having considered the matter of Commercial Rehab Grant and sale of 28 South 3rd Street (J.C. Penney building), and recommended to approve the sale of 28 South 3rd Street as recommended by DDC.

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, Klave, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE EXTENSION OF RENTAL REHAB PROGRAM
FOR VARIOUS PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of Rental Rehab Program, and recommended to extend to October 1, 1999, for expenditure of Rental Rehab Funds as follows: Fladland for two properties, Graveline for 25 properties, Nedberg for two properties, Pipiles for one property, Romuld for one property, Sampson for five properties, LTD for two properties and Dacotah for one property.

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.

AWARD DOWNTOWN STREETSCAPE BIDS

Committee No. 4, Urban Development, reported having considered the matter of downtown
streetscape bids, and recommended to award the streetscape contract to Nodak Contracting in the
amount of $1,307,549.50, base bid, contingent upon acceptance of deductive change order #1 in the amount of $204,651.90, which will remove one block (3rd to 4th) on Kittson and 5th to the overpass on Demers.

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, Klave, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PROPOSALS OF NON-PROFIT RFP’S FOR
SURPLUS PROPERTY

Committee No. 4, Urban Development, reported having considered the matter of non-profit RFP’s for surplus property, and recommended approval of proposals for houses at 727 Walnut Street and 413 Cottonwood Street to be rehabbed by Habitat for Humanity and sold as single family, owner-occupied residences.

Committee No. 4, Urban Development, reported having considered the matter of non-profit RFP's for surplus property, Prairie Harvest, and recommended that we relocate the house at 10 Fenton Avenue to 1520 North 6th Street for Prairie Harvest and that it be contingent upon approval of the site plan by the Urban Development Committee.

Committee No. 4, Urban Development, reported having considered the matter of non-profit RFP’s for surplus property, Easter Seals/Goodwill, and recommended to approve the proposal for 123 Walnut Street by Easter Seals/Goodwill to restore and resell as a fund raiser, to be used no less than five years as a single family, owner-occupied home.

Committee No. 4, Urban Development, reported having considered the matter of non-profit RFP’s for surplus property, Easter Seals/Goodwill, and recommended to approve the proposal for 618 South 5th Street by Easter Seals/Goodwill to restore and resell as a fundraiser, to be used no less than five years as a single family, owner-occupied home.

Committee No. 4, Urban Development, reported having considered the matter of non-profit RFP’s for surplus property, Easter Seals/Goodwill, and recommended to receive and file Easter Seals/Goodwill request regarding wet-site properties.

Committee No. 4, Urban Development, reported having considered the matter of non-profit RFP’s for surplus property, Salvation Army, and recommended to receive and file.

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

Committee No. 3, Urban Development, reported having considered the matter of Burdick window issue, and recommended that the eleven homes that had registered a complaint within the one-year warranty period have their windows replaced (428, 433, 435, 437, 439, 442, 450, 462, 420, 434, and 416 Burdick Court); homeowners to solicit three bids and submit to GF Homes, homeowners take the lowest bid or pay differential if the lowest bid isn’t taken, homeowners contract with contractors, and homeowners submit invoices and sign off as indication of satisfaction of work on pay request to GF Homes.

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

Council Member Glassheim moved an amendment to the motion to add to the existing motion: Any Burdick Court homeowners not included in the motion who can document a) that they previously complained of window problems during the one year warranty period and b) document serious window damage, are to contact the Office of Urban Development which will review files and pass on information to the Congressional Management Committee, which shall make a final decision. Council Member Carpenter seconded the motion.

Several residents of the area were present: Loralynn Maixner, 437 Burdick Court, Greg McKeever, 436 Burdick Court, Gary Mathison, 420 Burdick Court, as well as Clint Rodningen, 2102 8th Avenue North.

Council Member Hafner stated that the punch lists and the problems in the Congressional homes, I and II, are being fixed on a routine basis, that there is a warranty, that there is money that was allocated for warranty purposes, and that those houses will be fixed.

After further discussion and upon call for the question on the amendment, and upon voice vote the motion carried 14 votes affirmative.

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

APPROVE ADDITIONAL FUNDS FOR INCENTIVE
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Congressional Incentive Program, and recommended to allow the Congressional Management Committee to utilize monies of the funding already provided for 40 additional $10,000 incentives and allow flexibility in determining the type of incentive.

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

Council Member Brooks stated this is hurting the housing market in the city and would like to see that negative minimized.

Don Deitrich, 5198 West Lanark Drive, spoke in favor of the incentives, that many of the houses have been sold to people who never would have been homeowners, didn’t have down payments and living in apartments, that incentive gave them an opportunity to be a homeowner in Grand Forks.

Upon call for the question and upon roll call the following voted “aye”: Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Lunak, Beyer, Babinchak, Bakken, Hafner,

Martinson - 13 voting “nay”: Council Member Brooks - 1. Mayor Owens declared the motion carried.

COUNCIL MEMBERS MARTINSON AND HAMERLIK
EXCUSED

CONSIDER MATTER OF GRADING TERRAIN AND
REMOVING TREES, ETC. IN RIVERSIDE, CENTRAL
AND LINCOLN PARK AREAS

Committee No. 4, Urban Development, reported having considered the matter of terrain and trees in Riverside, Central and Lincoln Park areas, and recommended authorizing the solicitation of bids to grade terrain in Riverside, Central and Lincoln Park areas.

Committee No. 4, Urban Development, reported having considered the matter of terrain and trees in Riverside, Central and Lincoln Park areas, and recommended authorizing solicitation of bids for the removal of dead, dying and damaged trees, pruning of trees and removal of debris in Riverside, Central and Lincoln Park areas.

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

Council Member Glassheim moved an amendment as follows: 1) after removing dead, dying, damaged trees, pruning of trees and change order into Nodak Contracting for removal of debris in Riverside, Central and Lincoln Park areas and add at the end of the sentence: and plans for both tree removal and debris removal be forwarded to Flood Protection Committee for final review. The motion was seconded by Council Member Beyer.

Upon call for the question of the amendment and upon voice vote, the motion carried 12 votes affirmative.

Upon call for the question of the motion, as amended, and upon voice vote, the motion carried 12 votes affirmative.

COUNCIL MEMBER BOULEY EXCUSED

COUNCIL MEMBERS MARTINSON AND HAMERLIK
REPORTED BACK

ADOPT RESOLUTION TO ANNEX UNPLATTED PROPERTY
LOCATED IN SOUTH HALF OF SECTION 32, T152N, R50W
OF 5TH PRINCIPAL MERIDIAN LESS PREVIOUSLY ANNEXED
PROPERTY

The Planning and Zoning Commission reported having considered the matter of the request from Bruce Squires on behalf of CAMAS MINNDAK, Inc. for approval of an ordinance to annex all of the unplatted property located in the South Half of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian less previously annexed portions and excluding the north 955 feet of the east 1199 feet to the city of Grand Forks, North Dakota (located between North Columbia Road and North 36th Street and between the former Northern Pacific Railroad Right of Way and 20th Avenue North extended), and recommended approval of the annexation area.

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

Council Member Hafner introduced the following resolution of annexation, which was presented and read: Document No. 7842 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this resolution of annexation be and is hereby adopted and further that the 7th day of September, 1999 be set as date for public hearing for the purpose of hearing and determination of the sufficiency of any protest to the proposed annexation. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

EXTEND CONDITIONAL USE PERMIT FOR RETAIL
SALES OF ANTIQUE FURNITURE AND COLLECTIBLES
AT 1020 COTTONWOOD STREET UNTIL JULY 7, 2001

The Planning and Zoning Commission reported having considered the matter of the request from Roger Sannes on behalf of Sannes Antiques for approval of a conditional use permit for retail sales of antique furniture and collectibles on Lot 5, Block 1, Auditor’s Subdivision No. 7 in the city of Grand Forks, ND (located at 1020 Cottonwood Street), and recommended approval of the Conditional Use Permit for a period of two years which ends July 7, 2001, with no extensions to be allowed past that date.

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

DETERMINE AREA OF URBAN RENEWAL DISTRICT
ON SOUTH 3RD STREET

The Planning and Zoning Commission reported having considered the matter of the approval of an urban renewal district boundary (tax increment financing) to include properties at 15, 23, 25, 31, 101 and 107 South 3rd Street, Grand Forks, North Dakota, and recommended that the area be determined to be an area of slum and/or blight, that the development or redevelopment be in the best interests of the public economy, health, safety and welfare, that the redevelopment, as proposed, is consistent with the proposed urban renewal project development as well as the city’s comprehensive plan and approve the tax increment area.

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

APPROVE REPLAT OF LOTS 25, 26 AND 27, BLOCK 1,
JOHNSON’S 2ND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS,
Ltd. on behalf of Crary Homes and Real Estate and Tom and Terry Swenson for final approval (fast track) of a Replat of Lots 25, 26 and 27, Block 1, Johnson’s 2nd Addition to the city of Grand Forks, ND (located in the 3900 block of 15th Avenue South), and recommended final approval of the replat subject to the special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF SIDEWALK
EASEMENT LYING IN LOT 15, BLOCK 2, COUNTRY
VIEW FIRST RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of a petition from Tim Christian on behalf of Country Development, LLP, for approval to vacate a 20-foot wide sidewalk easement lying in Lot 15, Block 2, Country View First Resubdivision to the city of Grand Forks, North Dakota and more specifically described as lying within the easterly 20 feet thereof, and recommended approval of the request to vacate a 20-foot wide sidewalk easement lying in Lot 15, Block 2, Country view First Resubdivision and more specifically described as lying within the easterly 20 feet thereof.

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

ACCEPT PETITION TO VACATE DRAINAGE AND
UTILITY EASEMENT LYING IN LOT 1, BLOCK 1,
COLUMBIA PARK 15TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Steve Adams on behalf of Arthur Greenberg, Jr. for approval to vacate all of the drainage and utility easement lying in Lot 1, Block 1, Columbia Park 15th Addition to the city of Grand Forks, North Dakota, except any portion lying within 60 feet of the rear or easterly lot line and except any portion lying within the 10-foot utility easement which is parallel with and adjoining the South 38th Street and the 24th Avenue South right of way lines, and recommended approval of the request to vacate all of the drainage and utility easement lying in Lot 1, Block 1, Columbia Park 15th Addition, except any portion lying within 60 feet of the rear or easterly lot line and except any portion lying within the 10-foot utility easement which is parallel with and adjoining the South 38th Street and the 24th Avenue South right of way lines.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE IN B-4 (CENTRAL BUSINESS) DISTRICT
THE FRONT 90 FT. OF LOTS 9 AD 11, BLOCK 11, TOWN
OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from Richard D. Geigle on behalf of R.D.G., Inc. for preliminary approval of an ordinance to amend the Zoning Map to exclude from the B-1 (Limited Business) District and to include in the B-4 (Central Business) District the front 90 feet of Lots 9 and 11, Block 11, Town of Grand Forks, North Dakota (located at 402 University Avenue), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for August 16, 1999.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-1 (Limited Business) District and include within the B-4 (Central Business) District the front 90 feet of Lots 9 and 11, Block 11, Town of Grand Forks to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT
LOTS 1 AND 2, BLOCK 2, INDUSTRIAL RESUBDIVISION
NO. 4 AND ALL OF BLOCKS 2, 3 AND 4, INDUSTRIAL
RESUBDIVISION NO. 3

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District, Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for August 16, 1999.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION TO ANNEX LOTS 1 AND 2,
BLOCK 2, INDUSTRIAL RESUBDIVISION NO.
4 AND ALL OF BLOCKS 2, 3 AND 4, INDUSTRIAL
RESUBDIVISION NO. 3 TO THE CITY OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for approval of a resolution to annex Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3 to the city of Grand Forks, North Dakota, and recommended approval of the annexation area.

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

Council Member Hafner introduced the following resolution of annexation, which was presented and read: Document No. 7843 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this resolution of annexation be and is hereby adopted and further that the 7th day of September, 1999 be set as date for public hearing for the purpose of hearing and determination of the sufficiency of any protest to the proposed annexation. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

CONSIDER BIDS FOR FIREPROOFING FOR THE AURORA

The Events Center Core Committee reported having considered the matter of Contract Category 31, fireproofing, and recommended that we reject Wanzek’s bid because of an error and return their bid bond.

The Events Center Core Committee reported having considered the matter of Contract Category 31, fireproofing, and recommended that we award the contract for the fireproofing to Community Contractors for their bid of $480,000.

The Events Center Core Committee reported having considered the matter of Contract Category 31, fireproofing, and recommended that we accept Community Contractors withdrawal from their awarded contract for the fireproofing work (contract category 31) and do not return their bid bond.

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

AWARD BIDS FOR GENERAL CONSTRUCTION AND
FIREPROOFING OF THE AURORA

The Events Center Core Committee reported having considered the matter of Contract Categories 26 (general construction #1), 27 (general construction #2), and 31 (fireproofing), and recommended that we award the combined bids for contract categories 26 (general construction #1), 27 (general construction #2), and 31 (fireproofing), plus all the alternates to Community Contractors for $8,729,000 and reject all other individual or combined bids and return their bid bonds.

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

AWARD CONTRACT FOR SHEETMETAL FOR THE
AURORA

The Events Center Core Committee reported having considered the matter of award of Contract Category 20, HVAC, and recommended that we award the sheetmetal contract, Contract Category 20, to C.L.Linfoot for their bid of $2,223,600.

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

AWARD CONTRACTS FOR PLUMBING, PIPING
AND CONTROLS FOR THE AURORA

The Events Center Core Committee reported having considered the matter of award of Contract Category 21, plumbing, piping and controls, and recommended that we award the contract for plumbing, piping and controls to Harris Mechanical for their base bid of $3,680,000 and also award alternates 21-2 (back-up fuel source) and 21-3 (automatic valves) for their respective bid amounts of $64,200 and $109,700.

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

AWARD CONTRACT FOR FIRE PROTECTION FOR
THE AURORA

The Events Center Core Committee reported having considered the matter of award of Contract Category 22, fire protection, and recommended that we award the contract for fire protection (contract category 22) to Dakota for $298,800.

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

AWARD ELECTRICAL CONTRACT FOR THE AURORA

The Events Center Core Committee reported having considered the matter of award of Contract Category 23, electrical, and recommended that we award the contract for the electrical work in contract category 23 to Bergstrom Electric for their bid of $3,848,000 and also award alternates 23-2 (fuel tank) and 23-3 (suite lighting controls) for their respective bid amounts of a deduct of $6,500 and an increase of $45,800.

It was moved by Council Member Babinchak 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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AWARD CONTRACT FOR MAGIC CARPET PIT FOR
THE AURORA

The Events Center Core Committee reported having considered the matter of award of Alternate 31-1, magic carpet pit, and recommended that we award the work in alternate 31-1 to install the pit for the magic carpet turf system to Wanzek Construction for $180,000 as an add to their contract.

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

AWARD CONTRACT FOR ADDITIONAL PARKING
FOR THE AURORA

The Events Center Core Committee reported having considered the matter of Alternate 5-2 to provide additional parking, and recommended that we award the work in Alternate 5-2 to provide additional parking on site to Nodak for $150,400 as an add to their contract.

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

ACCEPT FEDERAL TRANSPORTATION ENHANCEMENT
FUNDS TO CONSTRUCT BIKEPATH AT 17TH AVENUE
SOUTH

The City Bikeway Committee reported having considered the matter of bikepath along 17th Avenue South, and recommended forwarding a request to the city council to accept the Federal Transportation Enhancement funds to construct a bikepath at 17th Avenue South, to secure the local match in the year 2000 budget, and to request the Grand Forks/East Grand Forks Metropolitan Planning Organization (GF/EGF MPO) do a project concept report.

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

COUNCIL MEMBER BOULEY REPORTED BACK

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Brooks presented the matter of dead-end alley at 1012 15th Avenue South, and no fencing. The matter was referred to the Public Safety Committee for consideration.
2) Council Member Hafner presented the matter of historical significance on 1 Lincoln Drive, and the matter was referred to the Urban Development Committee.
3) Council Member Hafner presented the matter of pedestrian crossings signs at former South Jr. High School, which was referred to the Public Safety Committee.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor