City of Grand Forks, North Dakota

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

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, August 16, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Hafner - 10; absent: Council Members Beyer, Bakken - 2.

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.

INTRODUCE ORDINANCE NO. 3807, RELATING TO
NOISY PARTIES

An ordinance entitled “An ordinance amending Section 9-0110 of the Grand Forks City Code relating to noisy parties”, which had been introduced and passed on its first reading on August 2, 1999, was presented and read for consideration on second reading and final passage.

COUNCIL MEMBER MARTINSON REPORTED PRESENT

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, Klave, Babinchak, Hafner, Martinson - 10; voting “nay”: Council Member Glassheim - 1. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBER LUNAK REPORTED PRESENT

POSTPONE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN HAAKE PUD CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3 TO SEPTEMBER 7, 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 continued until this evening, was presented and read for consideration on second reading.

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 request from Kevin Ritterman/Dakota Finance 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 and continuing the public hearing until September 7, 1999.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved and that the public hearing and second reading of the ordinance be continued to September 7, 1999. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3808, AMENDING ZONING
MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT, ALL THAT PORTION OF AUDITOR’S SUB-
DIVISION NUMBER 28

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, all that portion of Auditor’s Subdivision Number 28 to the city of Grand Forks, not previously zoned as I-2 (Heavy Industrial) District”, 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. 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 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, all that portion of Auditor’s Subdivision Number 28 to the city of Grand Forks not previously zoned as I-2 (Heavy Industrial) District, being a part of the North Half of the SE Quarter of Section 32, Township 152 North of Range 50 West of the 5th Principal Meridian (located north of Valley Contracting), and recommended final approval and passage of the ordinance amending the zoning map. Council Members Hafner and Polovitz 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3809, RELATING TO LAND
DEVELOPMENT CODE, RELATING TO SPECIAL
CONDITIONS AND RELATING TO DOWNTOWN DESIGN
REVIEW BOARD

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Section 18-0217 relating to special conditions, B-4 District and adopting Section 18-0311 relating to downtown design review board”, 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.

Dennis Potter, city planner, reviewed the background on this item and alerted council to the need to consider a possible amendment that he believes will be presented this evening; that this document originated out of the Downtown Development Commission with their desire to have a design review program for the downtown area and they were looking at that in the context of where that Commission has expended a fair amount of the block grant dollars and they were looking to protect the investment that the community had made in that area. He stated that the Planning Commission put together a draft ordinance which is before the council and after a lot of work by the city attorney, put it in final form. He stated that to complete the process they were in dialogue with the Historic Preservation Commission membership over the need to be sure that they covered all of the issues in a memorandum of agreement between the City and the State Historic Preservation Officer, that one of the stipulations in the Memorandum of Agreement required the City to consider having design review work done on three particular areas: 1) properties individually listed within the National Register of Historical Places; 2) all properties within the National Register of Historic Districts; and 3) the individual properties and all properties within Historic Districts designated by the City as having historical value. He stated those three items were not included in the ordinance before council because the original focus was on the downtown area, and one of the issues you need to consider is whether or not you want to broaden the ordinance to cover those three items; and staff has had conversations with the City’s Urban Development Office and also with the chair of the Urban Development Committee. Mr. Potter also noted that the Planning Commission amended the introduced ordinance which was presented to the council members.

Mayor Owens closed the public hearing.

Council Member Glassheim moved to amend the ordinance by extending the design review process to include 1) properties individually listed within the National Register of Historic Places; 2) all properties within the National Register of Historic Districts; and 3) the individual properties and all properties within Historic Districts designated by the City as having historical value. Council Member Bouley seconded the motion.

Council Member Glassheim stated they were attempting to use the Downtown Design guidelines as a vehicle to accomplish what they said they would do in the Memorandum of Agreement, and that the City will propose a design review process in the form of an ordinance for hearing before the city council and by proposing this amendment, it doesn’t require us to adopt what the State Historical Commission wishes, it requires us to consider a very broad power to review for any historical changes, and this amendment is for debate and discussion tonight, and if we defeat it, it will fulfill our requirement to consider a proposal for a broad powers review of historic changes to all historic buildings in the city. Council Member Hafner asked if this wouldn’t add another layer of review, already have a historical society locally that already reviews.

Lonnie Winrich reported he distributed to each council member last week a letter relating to the Memorandum of Agreement on the Corporate Center and the stipulation that addresses this particular ordinance. He stated that stipulation contains some language which would be applicable to the entire city and there is a requirement in that stipulation that the standards conform with the Secretary of the Interior’s review standards, and that there is another aspect of this that is not addressed in the amendment before you. He stated that in his letter he suggests that this might create a situation of overlapping jurisdiction. He stated that under the ordinance that establishes and empowers the Grand Forks Historic Preservation Commission the authority to review changes in historic properties when those changes involve the use of federal funds or federal permits, and for the past two years the Historic Preservation Commission has done a great deal of that kind of work because so much of the rebuilding of downtown Grand Forks, etc. has been supported by federal funds, and what the motion would extend that to in the case of National Register Historic District, which at the present time there are none in the city, and National Register properties which there are some, is that that authority would apply to whatever design review board you establish, whether the funds involved are federal funds or not. He stated there would be good reasons to have design review guidelines for the downtown area independent of whether you have historic properties or not, that the appropriate board to deal with historic properties is the Historic Preservation Commission and that provision is suggested in the stipulation, there may be good reasons to have design review guidelines outside of historic considerations for the downtown area and a design review team for that purpose might be entirely appropriate. Mr. Winrich stated that the Historic Preservation Commission has been serving as this design review authority essentially for a couple years and in many cases that design review authority has been exercised in a very helpful manner in helping people find appropriate materials and appropriate ways of modifying their property that is in keeping with the historical content and in many cases owners have been pleased with the advise they’ve received through the Commission, and he presumes the design review process would work similarly with whatever agency you set up. He stated that this ordinance part of the Building Code.

Mr. O’Leary reported that the Memorandum of Understanding melds the CDBG and EDA requirements and prior to the demolition of properties in the central business district the Memorandum of Understanding spelled out in some detail what steps the City would need to go through in order to comply with the wishes of the State Historical Preservation Society as well as the local commission; one of the conditions in that Memorandum of Understanding is that the city council will consider or pass the historic preservation ordinance. He stated that the lead agency on pursuing that has been the DDC because most of the properties involved historic characters are in the downtown, however, it was brought to their attention by Mr. Winrich and the Commission that the existing ordinance didn’t go far enough and the ordinance should also consider other historic properties throughout the city. He stated the significance of that is that a building can be nominated for the National Register without the owner’s consent, and a building may find itself in what’s designated as a historic district because they happen to be in the vicinity of other historic buildings and would also get pulled into this ordinance and the amendment that Mr. Glassheim has suggested. He stated that we had to amend the ordinance in order to bring it into compliance with the MOA, one is that we need use the National Trust criteria as our judgment on what’s historic and what’s not, and to expand the ordinance to include all historic properties in the three criteria that Council Member Glassheim pointed out. He stated that if that amendment is discussed, that satisfies the Memorandum of Understanding. He stated that the ordinance has a lot of merit for the central business district, enjoys the support of most of the businesses in the central business district and it brings with it other rewards from tax aid, but also brings a sense of neighborhood, a sense of continuity from building a building, so design criteria are important and esp. in the downtown area. He stated that the amendment on the floor is a different issue and something that requires thoughtful consideration.

Mr. Winrich stated that it is true that a property can be nominated for the National Register without the owner’s written consent or formal consent, however, in order for that nomination to proceed at the local level, hearings are held before the historic Preservation Commission and owners are formally notified of those hearings and invited to appear before the Commission and also at the State level hearings are held before the State Historical Board by the State Historic Preservation Officer, owners are notified of those hearings and to his knowledge a property has never been recommended to the National Park Service for the National Register if the owners object; that courtesy is generally extended to the owners both at the local level and at the State level. He also called their attention to the second recommendation of his letter that the ordinance, as it was amended in Planning and Zoning does not mandate the minimal standards of the Secretary of Interior; there is a clause added that says to the extent that the Board finds reasonable, and in order to satisfy the conditions that you consider an ordinance as described in the Memorandum of Agreement that that stipulation would have to be followed.

Mr. Winrich stated that the ordinance before council is proposed as part of the Zoning Code and pertains to building permits, the ordinance that defines the Historic Preservation Commission and gives the Commission its authority is in a different part of the City Code (in a part of the code relating to Parks) and essentially confers no authority on that Historical Preservation Commission to deny a building permit, still have to satisfy the conditions that are necessary for a building permit, there are always going to be regulations; and it is if the powers that are vested in the Historic Preservation Commission are the ones that are brought into play in this ordinance, that’s an easier approach in trying to preserve the historic nature of Grand Forks neighborhoods. He stated that one of the biggest problems that we face in trying to deal with residential neighborhoods in rehabilitation of residential properties, etc. has been the situation where they might have a very nice historic neighborhood with a lot of nice properties but a few that have been cut up into apartments and deteriorated badly over the years. He stated if there is some appropriate mechanism for trying to avoid that kind of deterioration of our neighborhoods, it is something they should seriously consider.

Mr. Winrich stated that if the two points in his letter are addressed, then he believes the ordinance is in compliance with the Memorandum of Agreement, that there is still the question of overlapping jurisdiction, and that may be something they are comfortable with, that’s a question of policy and not a violation of the Memorandum of Agreement and is something the council should be aware of as they consider this ordinance.

Upon call for the question on the amendment and by voice vote, the motion was defeated by 12 votes.

Council Member Carpenter stated that addressing the Historical Preservation Commission’s other concern, moved an amendment to delete from the proposed ordinance the language to the extent reasonably applicable and appropriated as determined by the Board. Council Member Glassheim seconded the motion.

Upon call for the question and upon voice vote, the motion was defeated.

Council Member Glassheim moved an amendment to page 2 where they have the composition of the Board that in item b) instead of 3 members of the public with professional background in architectural history or architecture would be 1 member of the public with those credentials, 1 member nominated by the DDC or its successor organization and the director of Urban Development or his or her designee. Council Member Hafner seconded the motion.
Mr. Potter stated that this amendment may undo the requirement that a majority of the 7 member body come from the areas of history, architectural history and/or architecture and by changing it in the proposed amendment is not clear that the requirement be met.

Council Member Hamerlik suggested that b) is nominated by the mayor and confirmed by the city council and that it be two members of the public and one appointed by the DDC. Council Member Glassheim accepted this as a friendly amendment.

Upon call for the question on the amendment and upon voice vote, the motion was defeated.

Council Member moved an amendment to the motion that item b) be amended that 2 members of the public with professional background in history, architectural history and/or architecture and that the third member be the director of the Office of Urban Development and his or her designee, nominated by the mayor and confirmed by the city council. Council Member Klave seconded the amendment.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Martinson, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Hafner - 7; voting “nay”: Council Members Brooks, Polovitz, Lucke, Lunak, Babinchak - 5. Mayor Owens declared the motion carried.

Mr. Swanson, city attorney, stated that in light of the past amendment, they will also have to amend the section relating to terms of members unless it is your intent that the director of the Office of Urban Development not be appointed by virtue of his position and that would be an ex officio member with voting rights, and would not be subject to a three-year term. Council Member Carpenter moved an amendment to comply with the city attorney’s requirements for that and with the final language to be drafted by the city attorney. The amendment was seconded by Council Member Hafner.

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

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3810, AMENDING ZONING
MAP TO INCLUDE WITHIN B-4 (CENTRAL BUSINESS)
DISTRICT, THE FRONT 90 FEET OF LOTS 9 AND 11,
BLOCK 11, TOWN OF GRAND FORKS

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

The city auditor reported that the required legal notice had been published calling for a public hearing to

be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Richard D. Geigle on behalf of R.D.G., Inc. for final 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, Grand Forks, North Dakota (located at 402 University Avenue), and recommended final approval and passage of the ordinance amending the zoning map. Council Members Hafner and Polovitz moved the recommendation for approval.

Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3811, AMENDING 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 RESBDIVISION NO. 3

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

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning 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, Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, and recommended final approval and passage of the ordinance amending the zoning map. Council Members Hafner and Polovitz moved the recommendation for approval.

Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING, AND APPROVE APPLICA-
TION BY NORTH CENTRAL MANAGEMENT GROUP,
INC. FOR 5-YEAR PROPERTY TAX EXEMPTION

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application of North Central Management Group, Inc., 525 DeMers Avenue, for a five-year exemption of ad valorem taxation on the expansion of a business project on Lots 3, 5 and half of vacated alley, Block 1, Renewal Resubdivision No. 1 to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, and further that 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 no comments and Mayor Owens closed the public hearing.

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 approval for a five-year property tax exemption at 100%, 80%, 60%, 40%, 20% for the lots North Central Management Group, Inc. will occupy, subject to the public hearing.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved (100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year and 20% for the fifth year). Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 918 NORTH 5TH STREET
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Linus Kalenze to move a building from 1824 North 4th Street to 918 North 5th Street to be used as a dwelling, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the matter of application for moving permit by Linus Kalenze to move building from 1824 North 4th Street to 918 North 5th Street, and recommended to approve the application for moving permit contingent upon meeting requirements noted by the Inspections Department and subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved and further that Mr. Kalenze be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

WITHDRAW APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 2414 9TH AVENUE NORTH

The city auditor reported that the notice of public hearing on the application by Patrick and Mary Lunak to move a building from 2503 9th Avenue North to 2414 9th Avenue North to be used as a rental dwelling, had been published and posted as required.

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

Tim Manz, Inspections Department, reported that Patrick and Mary Lunak would like to withdraw their application for moving permit.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Urban Development Committee:
1) matter of site plan for Prairie Harvest Lodge House
2) matter of South 3rd Street change orders
3) matter of Mortenson change orders
4) matter of demolition of Elks condos

REPORT OF BOARD OF ZONING ADJUSTMENTS

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, July 29, 1999, that notice had been published as required and that the following appeals were heard: 1) Dale Michael Rooker, 623 South 16th Street, request for variance to the impervious surface area, front/side yard setback and accessory building requirements, variance approve to allow only 18 ft. in front of the overhead door and 4 ft. of second front yard setback in order to construct a detached garage; 2) Curtis and Susan Kolbo, 2523 10th Avenue North, request for variance to the residential accessory building requirements to build a detached garage addition, variance approved to allow 2.6” of side yard setback and 1 ft. of rear yard setback in order to build an addition to the detached garage; 3) Laura Shahane, 1809 4th Avenue North, request for variance to the front yard setback requirements to rebuild the front porch, variance approved to allow 21 ft. of front yard setback in order to construct a front porch; 4) Gary Olson, 806 North 25th Street, request for variance in the second front yard setback requirements to build a detached garage, variance approved to allow 4 ft. of second front yard setback in order to construct a detached garage; 5) Vernon and Lori Shafer, 1602 North 3rd Street, request for variance in the second front yard setback requirements to build a detached garage, variance approved to allow 3’6” of second front yard setback in order to construct an addition to the detached garage; 6) Joann Simons, 5273 9th Avenue North, request for variance in the sideyard setback requirement to build a deck; variance approved to allow six inches of side yard setback in order to build a deck; 7) Gary Sagstuen, 815 19th Avenue South, request for variance in the sideyard setback requirement to build an addition on the rear of the house, variance granted to allow 5 ft. of side yard setback in order to construct an addition on the rear of the house lined up with the existing house.

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, August 3, 1999, that notice had been published as required and that the following appeals were heard: 1) Kenton McGregor in behalf of TOMAC Properties, 321 North 4th Street, request for variance in the dwelling unit requirements for having a lavatory and kitchen sink, variance approved to allow a lavatory sink to be installed directly outside the bathroom if it meets all other pertaining codes and is feasible.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that these reports be and are hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment No. 99-14, dated August 16, 1999, and totaling $1,881,595.44, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Lunak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

AUTHORIZE WAIVING ANY BIDDING REQUIRE-
MENTS FOR JAMES LEE WITT AND CONGRESSIONAL
DELEGATION VISIT

Committee No. 1, Finance, reported having considered the matter of request to waive any bidding requirements for James Lee Witt and Congressional delegation visit, and recommended to authorize going as a sole source because of the time limitations.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

REFER MATTER OF RESTRUCTURING PROPOSAL
AND JOB DESCRIPTION CHANGES FOR POLICE
DEPARTMENT BACK TO COMMITTEE

Council Member Hamerlik and Council Member Brooks asked that the matter of restructuring proposal and job description changes for the police department be referred back to committee.

AUTHORIZE REQUEST FOR PROPPOSALS TO
PERFORM COMPENSATION AND BENEFIT
MARKET ANALYSIS

Committee No. 1, Finance, reported having considered the matter of request for proposal to perform a compensation and benefit market analysis for the City of Grand Forks, and recommended to authorize the Request for Proposals.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION FOR OUTSIDE FIRE
PROTECTION FOR BIBLE BAPTIST CHURCH

Committee No. 2, Public Safety, reported having considered the matter of the request by Bible Baptist Church, 6367 Gateway Drive, for outside fire protection, and recommended to approve the application by Bible Baptist church for outside fire protection.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE TRANSFER OF LICENSE AND APPROVE
APPLICATION FOR CLASS I ALCOHOLIC BEVERAGE
LICENSE BY DAKOTA GM, INC. DBA GREEN MILL

Committee No. 2, Public Safety, reported having considered the application for Class 1 Alcoholic Beverage license at 1930 South Columbia Road by Dakota GM, Inc. dba Green Mill, and transfer of license from Whiskey Point, and recommended to approve the alcoholic beverage license subject to approval by the various departments.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE RELATING TO PENALTIES
FOR SPECIFIED OFFENSES

Committee No. 2, Public Safety, reported having considered the matter of amendment of 8-1503, law enforcement section to comply with changes to Century Code, and recommended to amend the City Code to coincide with State Century Code and introduce the ordinance for first reading.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Hafner introduced an ordinance entitled “An ordinance amending Section 8-1503 of the Grand Forks City Code relating to penalties for specified offenses”, which was presented, read and passed on its first reading.

CONSIDER MATTER OF PEDESTRIAN CROSSINGS
AT FORMER SOUTH JR. HIGH SCHOOL
Committee No. 2, Public Safety, reported having considered the matter of pedestrian crossings at former
South Jr. High School, and recommended to remove the school signs as presented, but that this be taken to the School Board for consideration.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE INCREASE IN FEE FOR VIOLATION
OF STREET MAINTENANCE IN UNIVERSITYAREA

Committee No. 2, Public Safety, reported having considered the matter of increase in fee to $15.00 for street maintenance in University area, and recommended to increase the fees for violation of parking/street maintenance to correspond with other areas of the city.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

CONSIDER MATTER OF DEADEND ALLEY ON
1000 BLOCK 15TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of dead-end alley at 1012 15th Avenue south, and no fencing, and recommended to approve placement of a 15 mph sign at alley on 11th and 13th, place “slow children” sign several lots down and place yield sign at 15th Avenue South between 10th and 11th Streets, provided that study not warranted.

It wave moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE RELATING TO LOCAL
ROADWAYS EXEMPT FROM REQUIRED SIDEWALK
CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of request from Dan Tomanek, engineering manager, Altru Health System, for amendment to the Grand Forks City Code, Chapter XVI, Article 2, sidewalk construction and maintenance, Section 16-222, grandfather clause, subsection (8) local roadways to include the north-northeast side of Knight Drive between South Columbia Road and 14th Avenue South, and recommended to approve the request for amendment to the City Code.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced an ordinance entitled “An ordinance amending Section 16-0222 (8) of the Grand Forks City Code relating to local roadways exempt from required sidewalk construction”, which was presented, read and passed on its first reading.

AUTHORIZE ENTERING INTO AGREEMENT RE.
GFAFB BOOSTER STATION IMPROVEMENTS. PROJECT
NO. 5055

Committee No. 3, Public Service, reported having considered the matter of GFAFB booster station improvements, Project No. 5055, and recommended to authorize entering into the agreement with Advanced Engineering and Environmental Services, Inc. in an amount not to exceed $8,718.00 to construct modification to the Grand Forks Air Force Base booster station to improve domestic water pressure and fire condition control for the Grand Forks Airport.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A request for amendment to the Street Department budget in the amount of $2,000 to cover expenses for traffic signs was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 12 votes affirmative.

ADVANCE PAPERWORK TO SHOW CITY OWNERSHIP
OF TRAFFIC LIGHT NEAR WAL-MART

Committee No. 3, Public Service, reported having considered the matter of ownership of traffic light located near Wal-Mart, and recommended to advance the proper paperwork forward to show City ownership of the traffic lights.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE ENTERING INTO COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT
WITH ND DEPARTMENT OF TRANSPORTION FOR
PROJECT NO. 5044

Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction, and Maintenance Agreement with the North Dakota Department of Transportation for Project No. 5044, landscaping South Washington Street from Hammerling to 32nd Avenue South (Federal funds obligated for this project shall not exceed 80.93 percent of the total eligible project construction cost up to a maximum of $120,000, and balance of the project cost is the obligation of the City), and recommended to authorize entering into the agreement as presented.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH
ND DEPARTMENT OF TRANSPORTATION FOR
PROJECT NO. 4757.2, DOWNTOWN STREET MILL AND
OVERLAY

Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction and Maintenance Agreement with ND Department of Transportation for Project No. 4757.2, Downtown Street Mill and Overlay, (Federal funds obligated for this project shall not exceed 80.93 percent of the total eligible project cost up to a maximum of $674,726, with balance of the project cost an obligation of the City), and recommended to authorize entering into the agreement as presented, $674,726 federal funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

ESTABLISH RATES FOR GPS SURVEYING WITH
ENGINEERING FIRMS

Committee No. 3, Public Service, reported having considered the matter of establishing rates for GPS surveying with Greater Forks Engineering Group (GFEG) and CPS (CDBG), and recommended to approve the rate of $50/hour on contracts on existing projects with the City of Grand Forks.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

RECEIVE AND FILE REQUEST BY PARK DISTRICT
TO SPECIAL ASSESS PROJET NO. 5050, BIKEPATH
REPAIR

Committee No. 3, Public Service, reported having considered the matter of request by Park District to special assess Project No. 5050, Bike Path Repair along the English Coulee from 22nd to 24th Avenues South, and recommended to receive and file the request.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 5050, BIKEPATH REPAIR

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, CPS, Project No. 5050, Bikepath Repair along the English Coulee from 22nd to 24th Avenues South, and recommended to authorize the City to enter into this agreement for engineering services in an amount not to exceed $7,602.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4714, DISTRICT 562
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement - Amendment No. 3, construction engineering, CPS, Project No. 4714, District No. 562, paving North 55th Street from DeMers Avenue to Gateway Drive, and recommended to approve Amendment No. 3 in an hourly amount not to exceed $77,530.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 28 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4784

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement - Amendment No. 28, construction administration, Advanced Engineering, Project No. 4784, Southend Water Tower (CDBG), and recommended to approve Amendment No. 28 to the engineering contract in the amount of $16,100.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4793

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for Project No. 4793, Watermain Replacement Loop on North 15th Street and 8th Avenue North, and recommended to approve the Engineer’s Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE ENGINEER’S REPORT FOR PROJECT
NO. 4757.2, DOWNTOWN MILL AND OVERLAY

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4757.2, Downtown Mill and Overlay, and recommended to approve the Engineer’s Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 2 votes affirmative.

ACCEPT BID FOR CONSTRUCTION OF PROJECT
NO. 4784, SOUTHEND WATER TOWER, ELECTRICAL

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4784, Southend Water Tower, electrical bids (CDBG), and recommended to reject the bid of Hanson Electric of Bemidji, Inc. due to a misquoted price and to return their bid bond.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4784, Southend Water Tower, electrical bids (CDBG), and recommended to award the electrical bid to Samson Electric, Ltd. in the amount of $77,240.00.

It was moved by Council Member Klave and seconded by Council Member Lucke 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motions carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER
PROJECT NO. 4582, DISTRICT NO. 380

The city auditor presented and read tabulation of bids which had been received and opened on August 9, 1999 for Sewer Project No. 4582, District No. 380, storm sewer on 16th Avenue North west of North 42nd Street, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amount of $57,206.00: Document No. 7855 - Tabulation of Bids.

The city engineer’s estimate of total cost on Sewer Project No. 4582, District No. 380, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4582, District No. 380, storm sewer on 16th Avenue North west of North 42nd Street, and recommended to accept the low bid of Soberaski, inc. in the amount of $57,206.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7856 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4582, District No. 380 to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

ACCEPT BID FOR PROJECT NO. 4863, RESTORE
SANITARY SEWER AREA 3

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4863, restore Sanitary Sewer Area 3 (CDBG), and recommended to accept the low bid of Molstad Excavating in the amount of $1,952,985.00, project CDBG eligible.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; 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, Change Order #8 (CDBG), Lametti & Sons, Inc., $155,877.22, and recommended to approve the change order in the amount of $155,877.22, and to extend completion date to November 15, 1999 for specific items.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4860
STORM SEWER RESTORATION AREA 2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4860, Storm Sewer Restoration Area 2, Change Order #5 (CDBG), Molstad Excavating, Inc., $30,450.00, and recommended to approve the change order in the amount of $30,450.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; 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, Change Order #2 (CDBG), Molstad Excavating, Inc., contractor, $13,650.00, and recommended to approve the change order in the amount of $13,650.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5015,
FLOOD MITIGATION PROJECT, PHASE 1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5015, Flood Mitigation Project, Phase 1, Change Order #2 (CDBG), Nodak Contracting, contractor, $314,950.00, and recommended to approve Change Order No. 2 in the amount of $314,950.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
COUNCIL MEMBER HAMERLIK EXCUSED

ACCEPT BID FOR PROJECT NO. 5028, FLOOD
MITIGATION PROJECT PHASE II

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for Project No. 5028, Flood Mitigation Project, Phase II, and recommended to accept Molstad’s bid on a unit price in the amount of $322,200.00, with staff and engineer to determine which items to be done.

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

AUTHORIZE EMERGENCY REPAIR OF RAW WATER
LINE FROM RED RIVER INTAKE

Committee No. 3, Public Service, reported having considered the matter of emergency repair of raw water line from Red River intake, and recommended that we declare this an emergency and authorize repair of the raw water intake line (est. cost $97,400.00)

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

APPROVE ADMITTANCE TO PHASE III AND
PROGRAM FUNDING FOR 519 CHESTNUT ST.

Committee No. 4, Urban Development, reported having considered the matter of Phase III Rehab Program, request for admittance and program funding, and recommended to approve admittance to Phase III and program funding for 519 Chestnut Street.

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

APPROVE CHANGE ORDERS FOR CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended approval to McFarlane Sheet Metal in the amount of $22,822.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended approval to T.F. Powers in the amount of $974.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended approval to (deductive) change order to Meide and Son in the amount of ($5,657).
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended approval to Construction Engineers in the amount of $9,295 (part Meide cost and part tenant cost).

It was moved by Council Member Polovitz and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motions carried.

APPROVE SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Gowan Construction (BP #11) in the amount of $3,163.95 (historical material salvage and disposal of air handling refrigerant).

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Gowan Construction (BP #11) in the amount of $25,495.40 (demo at old Glass and Paint and historical material salvage (brick).

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Gowan Construction (BP #11) in the amount of $87,855 for the removal of parking lot east of old City Center Mall and removal of Riverboat Road at Kittson.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Ron’s Electric in the amount of $2,278.89 (electric service for traffic light at 3rd and DeMers).

It was moved by Council Member Polovitz and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motions carried.

HOLD MATTER OF HISTORICAL REHAB FOR 102 AND
115 CONKLIN AVENUE UNTIL DIKE PLAN RECEIVED

Committee No. 4, Urban Development, reported having considered the matter of historical rehab for 102 and 115 Conklin Avenue, and recommended to take the homes back and hold them until a dike plan is received from the Corps of Engineers.

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

CONSIDER MATTER OF EXTENSION ON EXTERNAL
REHAB GRANTS

Committee No. 4, Urban Development, reported having considered the matter of extension on external rehab grants, and recommended 1) to approve an extension for exterior work to September 30, 1999; 2) approval of an additional grant of $4,225 to Ink, Inc.; and 3) approval of an interior and exterior rehab grant extension for The Diner to October 30, 1999.

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

APPROVE TRANSFER OF CITY-OWNED PROPERTIES
TO JDA FOR ECONOMIC DEVELOPMENT PURPOSES

Committee No. 4, Urban Development, reported having considered the matter of transfer of City-owned properties to JDA for economic development purposes, and recommended to approve the transfer of the Grand Forks Glass and Paint property (Lot 37, Block 1, Auditor’s Resubdivision No. 15) and Petcetera (Lot 38, Block 1, Auditor’s Resubdivision No. 15) to the Jobs Development Authority (JDA).

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

REFUND PURCHASE PRICE AND PERFORMANCE
BOND FOR PROPERTY AT 3016 ELMWOOD

Committee No. 4, Urban Development, reported having considered the matter of 3016 Elmwood Drive, and recommended to refund the $4,500 purchase price and performance bond to the Iversons.

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

GRANT EXTENSION ON VOUCHER FOR
MICHAEL COLE

Committee No. 4, Urban Development, reported having considered the matter of voucher for Michael Cole, and recommended to grant an extension to August 31, 1999 with the understanding that the City is not willing to transfer the voucher to the church’s name.

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

COUNCIL MEMBER HAMERLIK REPORTED BACK

AUTHORIZE FUNDING FOR NON-PROFITS

Committee No. 4, Urban Development, reported having considered the matter of funding round for non-profits , and recommended approval of the concept contingent upon giving staff enough time to define funding sources and contingent upon the receipt of some significant match from the UND Alumni Foundation. (The primary goal of the Plan is to strengthen the University of North Dakota by increasing the level of support for faculty research, and requesting the City to provide $100,000 of the seed money funds in 1999, with funding of this request to be contingent on the UND Foundation providing a significant contribution to the Plan, and seeking $400,000 of support from the Foundation).

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

It was moved by Council Member Carpenter and seconded by Council Member Hafner to amend the motion to use excess sales tax monies. Upon voice vote the motion carried with 9 votes affirmative and 3 votes against the amendment by Council Members Lunak, Brooks and Martinson.

Upon call for the question on the motion, as amended, and upon voice vote, the following voted “aye”: Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Hafner - 9; voting “nay”: Council Members Lunak, Brooks and Martinson - 3. Mayor Owens declared the motion carried.

APPROVE SALE AND GRANT FOR PRPERTIES AT
2 AND 4 SOUTH 3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of consideration of sale and grant for 2 and 4 South 3rd Street, and recommended to accept Mr. Conneran’s bid for 2 and 4 South 3rd Street, contingent upon signing of the development agreement, including the ten conditions, the pro-ration of taxes and specials from the date of signing of the development agreement and receipt of a satisfactory financial statement from Mr. Conneran.

It was moved by Council Member Polovitz and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Hafner, Martinson - 9; voting “nay”: Council Members Brooks, Lucke, Lunak - 3. Mayor Owens declared the motion carried.

AWARD BID FOR BID PACKAGE #13 FOR
RESIDENTIAL DEMOLITION

Committee No. 4, Urban Development, reported having considered the matter of award of Bid Package #13 for residential demolition, and recommended waiving the defect and opening the Tony Anderson and Nodak Contracting bids on the council floor.

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

Council Member Babinchak asked that the council defeat the motion, that there were 7 bidders on this project, 5 that did include the non-collusion affidavit in the outside envelope, and that condition was stated specifically in the bid requirements and council has upheld this condition previously.

Tony Anderson, Tony Anderson Construction, stated that the bid packet is confusing, that two areas of the bid packet were contradictory re. non-collusion affidavit.
Keith Lund, Urban Development, reviewed bid specifications, instructions to bidders.

Mr. Swanson, city attorney, stated this is discretionary matter, that he has not reviewed the bid invitation nor the bid specs. to determine whether there is or is not a conflict, typically the instructions that would appear on the bid submission form would be those that control if there is a conflict; that if there is a conflict should avoid that and clarify that, and contractor can request clarification short of those things occurring the instructions on the bid form itself should be controlling but is a discretionary function and affidavit of non-collusion is an important provision and has to be filed on federally funded projects and it is not however a void bid simply because it was not in the exterior envelope and that’s why left to council’s discretion.

Upon roll call the following voted “aye”: Council Members Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak - 6; voting “nay”: Council Members Bouley, Klave, Babinchak, Hafner, Martinson, Brooks - 6. Mayor Owens voted in favor of the motion.

The city auditor opened the bids: Tony Anderson bid $148,750.00 (non-collusion affidavit included); Nodak Contracting bid $228,800.

It was moved by Council Member Polovitz and seconded by Council Member Glassheim to accept the bid of Tony Anderson Contracting in the amount of $148,750.00, which is low bid received. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD BID FOR ABATEMENT CONTRACT FOR
ELKS CONDOS

Committee No. 4, Urban Development, reported having considered the matter of award of abatement contract for Elks Condos, and recommended award to the low bidder, Horseley Specialties in amount of $41,066.00. (Bids not opened were because addendum’s were not included on two bids and one submitted a MN license)

It was moved by Council Member Polovitz and seconded by Council Member Glassheim 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

COUNCIL MEMBERS BOULEY AND LUNAK EXCUSED

APPROVE FINAL PLAT (FAST TRACK) OF REPLAT OF
LOTS 19 AND 20, BLOCK 3, CONGRESSIONAL SECOND
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of request from Joel Manske on behalf of Grand Forks, Inc. for final approval (fast track) of a Replat of Lots 19 and 20, Block 3, Congressional Second Resubdivision to the city of Grand Forks, North Dakota (located in the northeast corner of the intersection of West Maple Avenue and North 53rd Street), and recommended final approval subject to special conditions shown on or attached to the attached review copy.
It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE CONDITIONAL USE PERMIT FOR MELBY
CONSTRUCTION FOR CONTRACTOR’S SHOP IN
B-3 (GENERAL BUSINESS) DISTRICT AT 1518 MILL
ROAD WITH TERMINATION DATE

The Planning and Zoning Commission reported having considered the request from Steve Melby on behalf of Melby Construction Services, for approval of a conditional use permit for a contractor’s shop in a B-3 (General Business) district on Lots 1, 2, 3, 4 and 7, plus 20 feet of vacated alley, Block 14, Skidmore Addition to the city of Grand Forks, ND (located at 1518 Mill Road), and recommended approval of the conditional use permit with a termination date of December 31, 2005, and the added condition of no exterior storage allowed.

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

APPROVE REQUEST FOR VARIANCE TO SUB-
DIVISION REGULATIONS RE. R/W ACCESS TO
COLLECTOR STREETS PROHIBITING ANY USE
FROM TAKING DIRECT ACCESS TO A COLLECTOR AT
ANY POINT WITHIN 120 FT. OF ANY INTERSECTION

The Planning and Zoning Commission reported having considered the matter of the request from Ralph Applegren on behalf of Westside Properties for approval of a variance to the subdivision regulations of the Land Development Code relating to right of way access to collector streets prohibiting any use from taking direct access to a collector at any point within one hundred twenty (120) feet of any intersection, the applicant is requesting a variance of 30 feet or 25% from a minimum of 120 feet to 90 feet (located at 1015 North 51st Street), and recommended approval of the request.

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

ACCEPT PETITION FOR VACATION OF KITTSON
AVENUE FROM SOUTH 3RD STREET EAST TO THE
RED RIVER

The Planning and Zoning Commission reported having considered the matter of a petition from Architectural Properties for approval to vacate Kittson Avenue from South 3rd Street east to the Red River, and recommended approval of the vacation request and to set the public hearing for
September 20, 1999.

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 is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 10 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX LOTS A
THROUGH T, BLOCK 1, PERKINS 5TH ADDITION AND
LOTS 4 AND 5, BLOCK 3, PERKINS 3RD ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Stauss on behalf of Hampton Corporation for approval of an ordinance to annex Lots A through T, Block 1, Perkins 5th Addition and Lots 4 and 5, Block 3, Perkins 3rd Addition to the city of Grand Forks, North Dakota (located south of 36th Avenue South), and recommended approval of the annexation ordinance for the area shown on the map, to introduce the ordinance and to set the public hearing for September 7, 1999.

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

Council Member Martinson introduced an ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, Lots A through T, Block 1, Perkins 5th Addition and Lots 4 and 5, Block 3, Perkins 3rd Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF
LOTS A AND 10, BLOCK E, WESTWARD ACRES
SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Andrew Swanson and others for preliminary approval of a Replat of Lots A and 10, Block E, Westward Acres Subdivision to the city of Grand Forks, North Dakota (located northeast of 9th Avenue South and South Columbia Road), and recommended preliminary 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 10 votes affirmative.

APPROVE PRELIMINARY PLAT AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF AUDITOR SUBDIVISION
NUMBER 28

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd on behalf of the city of Grand Forks for preliminary approval of a plat of Auditor’s Subdivision Number 28 to the city of Grand Forks, North Dakota, being a part of the North Half of the Southeast Quarter of Section 32, Township 152 North of Range 50 West of the 5th Principal Meridian (located north of Valley Contracting), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for September 7, 1999.

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

Council Member Martinson introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor’s Subdivision Number 28 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 MED PARK PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 7

The Planning and Zoning Commission reported having considered the matter of the request from Dennis Reisnour on behalf of Altru Health System for preliminary approval of an ordinance amending the Zoning Map to exclude from the MED PARK Planned Unit Development (PUD), Concept Development Plan, Amendment No. 6 and to include within the MED PARK Planned Unit Development (PUD), Concept Development Plan, Amendment No. 7 (located on the south side of 11th Avenue South between the English Coulee and South 30th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for September 7, 1999.

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

Council Member Martinson 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 MED PARK PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6 and to include within the MED PARK PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7”, which was presented, read and passed on its first reading.

COUNCIL MEMBERS BOULEY AND LUNAK REPORTED
BACK

INTRODUCE ORDINANCE TO AMEND LAND
DEVELOPMENT CODE RE. APPOINTMENT AND
MEMBERSHIP OF PLANNING AND ZONING
COMMISSION

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 1, Planning and Zoning Commission; Section 18-0101, relating to appointment and membership of the Planning and Zoning Commission, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for September 7, 1999.

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

Council Member Glassheim stated that this ordinance takes the city attorney off the membership of the Planning and Zoning Commission, and that there could be conflicts if lawsuits arise where city attorney has been both part of an action which he has to defend or oppose, but concerned that the city attorney has very valuable advise to give on matters of property and land, etc. and would like to have an ex-officio non-voting status.

Mr. Swanson stated there was an opinion that was issued by the State Bar Association, North Dakota Ethics Committee, a couple years ago that he has been aware of it, and has debated on his own time as to whether he would like to request to be removed from the Planning and Zoning Commission, that the extent of litigation that we’ve had to this point on planning or zoning issues has been minimal, but thinks it is appropriate that he be removed, that he doesn’t want to put himself in a position or the Commission or the council in a position of having his integrity or his ethics challenged publicly or privately based upon his role as voting member of the Commission, and would ask that they approve it. He stated his concern is more from a personal integrity, professional integrity and professional ethics that he really doesn’t want to be put in a position, that opinion is publicly disseminated and if somebody is looking for chance to disqualify him in subsequent litigation or otherwise, it’s an avenue that is available to them. He stated as far as his role on the Commission, whether voting member or not, would be same role as he provides to standing committees, and the one thing that is more true with Planning and Zoning is the amount of interaction with staff in advance of the meeting with that Commission is greater than some of the other standing committees.

Council Member Glassheim stated he would value his knowledge and judgment sitting as part of the Commission rather than his vote, and if that would still compromise him to speak publicly on issues. Mr. Swanson stated that the opinion seems to rely heavily upon the casting of a vote, and may be a distinction that would pass muster of that committee’s review. He stated that the Commission is served by the Building Inspections Department and that would be the capacity in which he would ultimately serve, that if a decision is made that they would use outside counsel or that outside counsel would be appointed in some other manner in those instances in which a planning and zoning decision arises to the point of litigation, can accommodate that without removing himself from the commission.

Upon call for the question and upon voice vote the motion carried 10 votes affirmative, Council Members Glassheim and Hafner voted against the motion.

Council Member Lunak introduced an ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended and re-enacting Article 1, Section 18-0101 Appointment; Membership”, which was presented, read and passed on its first reading.

APPROVE CONTINUANCE OF CONDITIONAL USE
PERMIT ACTION FOR PERIOD OF TWO YEARS AT
1020 COTTONWOOD STREET

The city auditor reported that this matter was continued until this evening and is 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, North Dakota (located at 1020 Cottonwood Street), with recommendation of 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.

Roger Sannes, Sannes Antiques, stated he was here to answer any questions that might arise; and that it was his understanding that he could come back in one year and ask for an extension, that when they originally applied for this they applied for five years if needed.

Mr. Swanson stated he was the one who advised Mr. Sannes at the Commission meeting that he had two choices; he can get one year guaranteed with the possibility of an additional two years or he can get two years guaranteed.

After further discussion and upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

APPROVE CHANGE ORDER FOR COMMUNITY
CONTRACTORS TO INCLUDE ACOUSTICAL BANNERS

The Events Center Core Committee reported having considered the matter of assignment of contract category 18, acoustical banners, and recommended that we assign the scope of work in contract category 18 to be included with the work in contract category 26, previously awarded to Community Contractors, as a change order to their contract with the final amount to be negotiated but an estimated cost of $350,000.

It was moved by Council Member Klave and seconded by Council Member Babinchak 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BID FOR ELEVATORS IN AURORA

The Events Center Core Committee reported having considered the matter of award of contract category 19, elevators, and recommended that we award the work in contract category 19 to Advanced Elevator for $213,000.

It was moved by Council Member Klave and seconded by Council Member Babinchak 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

REPORT ON CHANGE ORDERS

The city auditor presented the listing of change orders that were approved at the August 6, 1999 Core Committee meeting:

CIN#155.02: addition to Wanzek’s contract for $11,626 for embeds in the architectural precast wall panels.
CIN#161.01: addition to Wanzek’s contract for $5,222 for foundations for the exterior canopies.
CIN#165.02: addition to Associated Plumbing’s contract for $377 for a waste line relocation at the magic carpet pit.
CIN#154.04: exterior wall mock-up at the entrance to the site with an add of $1,994 to Wanzek’s contract.
CIN#156.03: addition of $9,645 to Wanzek’s contract for the installation of the event level slab dowels.
CIN#156.05: deduct from Wanzek’s contract of $18,324 because of the elimination of the thickened slab at the masonry walls.
CIN#157.03: addition of $39,507 to Wanzek’s contract for miscellaneous slab on grade and slab on metal deck revisions and additional rebar at the suite level.

APPROVE ENGINEERING AGREEMENT WITH BARR
ENGINEERING FOR LEVEE/FLOODWALL CONSULTING
SERVICES, PROJECT NO. 5054

The Flood Protection Committee reported having considered the matter of engineering agreement for levee/floodwall consulting services, City Project No. 5054, and recommended approval of an engineering agreement with Barr Engineering for levee/floodwall consulting services on an hourly basis not to exceed $65,000.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION RE. DEVILS LAKE

The Flood Protection Committee reported having considered the matter of Devils Lake resolution, and recommended approval: Document No. 7857 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE VARIOUS APPOINTMENTS

Mayor Owens announced the following appointments, and asked for concurrence in these appointments.

Library Board: Vera Uyehara to fill term which expires July 1, 2000.
Kitty Maidenberg, three year term to expire July 1, 2002
Bikeway Committee: Bruce Kopp, to fill term which expires October 8, 2000.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim to approve these appointments. Carried 12 votes affirmative.

MATTER OF NATIONAL LEAGUE OF CITIES

Mayor Owens reported that the National League of Cities will be held November 30 through December 4, 1999 in Los Angeles, CA and that two council members plus herself have been approved by city council to attend this meeting, and asked for council members who are interested to submit their names to her office.

MATTER OF MARKET ADJUSTMENTS

Mayor Owens reported that in this past year’s budget the council approved $100,000 for market adjustment within the city structure for City employees, for crucial market adjustments, where they felt they might have some concerns and did use this in the IS Department to retain the employees through the crucial time of the Y2K and is the only part they have used. She stated that the market study has been approved to proceed but asked that the listing in front of the council members, which includes the director of finance, the city engineer, director of public works, assistant city engineer, assistant city engineer for grants, traffic engineer, senior project engineer, project engineer II and project engineer be raised according to figures on the listing, and would be retroactive to January1, 1999 because that was the date the monies could be used for the crucial positions: Document No. 7858 - Market Adjustment Program. She stated that there are crucial positions that they cannot fill and this is a tool that other cities have used, and asked for approval and further to go with a total overall market study for the entire city.

Dan Gordon, Human Resources, stated that the check list which talks about the important aspects of retaining through a market adjustment change some of the key positions. He stated this is a real threat and problem to the overall function of our city government. He stated that they have the advertisements going out for a complete market analysis and hope to be done by January 1 to look at all positions; not forgetting about all the employees but these employees that are at risk. Mayor Owens stated that the committee that will be put together to choose the cities would include two city council members, representatives of Civil Service, Mayor’s Office, Employees Representatives and Human Resource.

After some discussion Council Member Carpenter and Council Member Hafner moved the adoption of the market adjustment program as presented by the mayor.

Mr. Swanson advised that our Code does not provide for a market adjustment payment, and if you are inclined to make a payment in addition to the classification in the pay plan, you must make a finding that such payment is for merit or incentive benefits, educational benefits, cost of living increases, expense reimbursement or such additional compensation as may be determined to reasonably necessary or beneficial to the City. He stated pure retention or pure market adjustment is not identified in that list; but perhaps could equate retention to incentive but would suggest that the motion be amended to specifically find under Code Section 6-0404 that such payments and additional compensation is both reasonably necessary and beneficial to the City. He stated that without those types of findings they wouldn’t have the authority to make these additional payments.

Council Members Carpenter and Hafner changed their motion to include those findings as stated by the city attorney.

After further discussion it was moved by Council Member Lunak and seconded by Council Member Lucke to amend the motion to make payment retroactive to July 1, 1999.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Lucke, Lunak, Martinson, Brooks, Polovitz - 5; voting “nay”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Hafner - 7. Mayor Owens declared the amendment defeated.
Mr. Swanson advised that one of the positions (traffic engineer) is a vacant position, and assuming that the retroactive pay is only to those employees presently employed by the City, and not be a benefit to any employee that has left after January 1, 1999.

Upon call for the question and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Hafner, Martinson - 11; voting “nay”: Council Member Lunak - 1. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO NEGOTIATIONS WITH
PARK BOARD FOR REMOVAL OF DISEASED AND
DAMAGED TREES

Committee No. 4, Urban Development, reported having considered the matter of award of maintenance contracts for Riverside, Central and Lincoln Parks low-lying areas, and recommended to authorize proper City officials (directors of finance and urban development) to enter into negotiations with the Park Board for the removal of diseased and damaged trees not to exceed $75,000.

It was moved by Council Member Polovitz and seconded by Council Member Glassheim 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Glassheim asked if police department would look at University and Washington re. traffic exiting Blockbusters lot and get information re. accidents back to him..
2) Council Member Glassheim presented the matter of Lincoln Drive pump station, engineering check to see if design things can reassure the remaining residents about the appearance of the pump station.
3) Council Member Glassheim stated that the Structure Review Committee is moving towards some recommendations and asked if they would contact him or Council Members Brooks, Lucke or Carpenters with top of their head thoughts on the revisions to the council, etc.
for the better functioning of city government.
4) Council Member Glassheim expressed concerns re. development of the greenway, and whether council needs public briefing, that there are choices being made to what extent they need to be brought into that loop. Mayor Owens stated there would a formal presentation soon.
5) Council Member Bouley presented matter of kids crawling under pedestrian bridge and walking on port structures underneath; that fence hanging on - referred to public works.
6) Council Member Hamerlik presented matter of southbound traffic on North 25th Street approaching University Avenue, impossible to get onto University Avenue with blockage between University and 6th Avenue on Columbia Road, all traffic going down 6th Avenue to the University Park and over to University Avenue, traffic backed up and need for four-way stop for only several days.
7) Council Member Polovitz stated that in review of salary structures, etc. look at comparative work loads, that many city departments are overwhelmed and understaffed, and get feeling of how should be staffed relative to workload, increase in pay won’t help if overwhelmed and overworked, raising salary isn’t going to solve that problem - not just an issue of money, workload as well as salary.
8) Council Member Martinson stated in looking over the contract management agreement between City and M.A.Mortenson Company re. Congressional I and II, one of the items spelled out is one punch list per home upon completion for action by owner/architect; that there could be a breakdown in communications but that there are items that are not being taken care of in a timely fashion; and should look to see where breakdown might be coming in communications, and his question is for Mortenson to get $2,000 per house for on-sight management and that’s from punching of the hole to the completion of the punch list, and asked if Mortenson Company was doing that.
9) Council Member Hafner presented the matter of intersection of South 34th Street and 30th Avenue South, obstruction of view for southbound traffic, which was referred to the public safety committee for consideration.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Brooks that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
____________________________________
Patricia A. Owens, Mayor