City of Grand Forks, North Dakota

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

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

REPORT OF CONGRESSIONAL ADVISORY COMMITTEE

A written report was placed on council members’ desks for their information; and item will no longer be placed on the agenda.

MATTER OF FLOOD REPORT

Ken Vein, city engineer, reported that a written report had been placed at council members desks but highlighted several items:

Technical Work Update Corps of Engineers: the Corps estimates that it costs about $1.4 million for the structural modification required to partially mitigate the hydraulic effects of the historic bridge, difference between cost and cost to remove the bridge and build a new one is about $579,000 and is additional information; that the Grand Forks Historic Commission is investigating what funding options might exist to save the bridge in its current location and looking at Transportation Enhancement funds which would require an 80-20% split. City staff is coordinating with the Corps on this since their deadline for decision was in August and the Flood Protection Committee held this for two weeks.
Consultant Update: Shannon & Wilson are in a position of within about two weeks to finalize their report.
Federal Funding Process: that Congress has been in recess through August and coming back this week and hoping will have a conference committee working on our bill.
Acquisitions: that they are starting to look at next phases of acquisition, looking at some of the properties on the wet side of the dike, four that they are going to proceed with the acquisition process.
Greenway: that City staff is currently working on the details of a proposed permanent government structure called the Red River Renaissance, that this will be at a committee of the whole meeting on September 13 at noon. He also reported that Sarah Hellickson has resigned her position as both risk manager and flood protection coordinator and greenway coordinator liaison effective September 24, and is working with staff to ease the transition.

APPROVE MINTUES MAY 17, 1999

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, May 17, 1999, were presented and read. It was moved by Council Member Glassheim and seconded by Council Member Bakken that these minutes be approved as read. Carried 13 votes affirmative.

SUSPEND AGENDA TO CONSIDER APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING TO
2405 BELMONT ROAD

Council Member Glassheim moved to suspend the agenda to consider the application for moving permit for EAPC for Urban Development to move a building at Division and South 3rd Street to 2405 Belmont Road. The motion was seconded by Council Member Beyer. Carried 13 votes affirmative.

The city auditor presented the matter of the application by EAPC for Urban Development to move a building at Division and South 3rd Street to 2405 Belmont Road.

John O’Leary, Urban Development, reported this was a contingency plan to relocate the “boom town” building that was located in the central business district that’s been targeted for one of the buildings that they are trying to preserve, and the motion was contingent upon acceptance of the structure by the Myra Museum and they have looked at the plan and decided they do not have room for it and suggested they receive and file the information as it will not be relocated there.

The Public Service Committee reported having considered the matter of the application for moving permit by EAPC for Urban Development to move the building at Division and South 3rd Street to 2405 Belmont Road, and recommended that we approve permit contingent upon Myra Museum accepting the building to be a permanent fixture on their property.

It was moved by Council Klave and seconded by Council Member Lucke that the recommendation be approved.

Mr. O’Leary reported that the City owns a lot in the central business district, which is being discussed by staff and Historic Preservation to see if that’s an acceptable location and which is closer downtown and to the commercial district.

It was moved by Council Member Glassheim and seconded by Council Member Hafner to amend the motion to receive and file the recommendation. Carried l3 votes affirmative.

Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.

CONSIDER ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE HAAKE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3 AND TABLE INDEFINITELY

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 from July 19, 1999, was presented and read.

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 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 l3th Avenue South and South Columbia Road), and
recommended tabling the request indefinitely.

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.

ADOPT ORDINANCE NO. 3812, 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

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 had been introduced and passed on its first reading on August 16, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 3813, RELATING TO
APPOINTMENT AND MEMBERSHIP OF THE PLANNING
AND ZONING COMMISSION

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending and re-enacting Article I, Section 18-0101 Appointment; Membership”, which had been introduced and passed on its first reading on August 16, 1999 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 1, Planning and Zoning Commission; Section 18-0101, relating to appointment and membership of the Planning and Zoning Commission, and recommended final approval and passage of the ordinance amending the text of the
Land Development Code. The report had been moved and seconded by Council Members Hafner and Polovitz.

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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3814, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS
OF WAY SHOWN AS DEDICATED ON THE PLAT OF
AUDITOR’S SUBDIVISION NUMBER 28

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 had been introduced and passed on its first reading on August 16, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called for the public hearing. there were no comments and the public hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of the City of Grand Forks for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The recommendation had been moved and seconded by Council Members Hafner and Polovitz.

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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3815, AMENDING ZONING
MAP TO INCLUDE WITHIN THE MED PARK PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 7

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 had been introduced and passed on its first reading on August 16, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to
be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Dennis Reisnour on behalf of Altru Health System for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Polovitz and Hafner.

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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3816, RELATING TO
PENALTIES FOR SPECIFIED OFFENSES

An ordinance entitled “An ordinance amending Section 8-1503 of the Grand Forks City Code relating to penalties for specified offenses”, which had been introduced and passed on its first reading on August 16, 1999, 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.

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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3817, RELATING TO THE
CITY PENSION COMMITTEE

An ordinance entitled “An ordinance amending Section 7-0214(1) of the Grand Forks City Code relating to the City Pension Committee”, which had been introduced and passed on its first reading on May 17, 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF
ANNEXATION OF ALL OF THE UNPLATTED PROPERTY
LOCATED IN THE SOUTH HALF OF SECTION 32, TOWN-
SHIP 152 NORTH, RANGE 50 WEST OF THE 5TH P.M. BE
FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on July 19, 1999, annexing 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, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 27 and August 3, 1999; and further reported that no written protests had been filed with the auditor’s office.

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

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 13 votes affirmative.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF
ANNEXATION OF LOTS 1 AND 2, BLOCK 2, INDUSTRIAL
RESUBDIVISION NO. 4 AND ALL OF BLOCKS 2, 3 AND 4,
INDUSTRIAL RESUBDIVISION NO. 3 BE FILED AND
ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on July 19, 1999, annexing Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, city of Grand Forks, North Dakota, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 27 and August 3, 1999; and further reported that no written protests had been filed with the auditor’s office.

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

It was moved by Council Member Beyer and seconded by Council Member Babinchak that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING DRAINAGE AND
UTILITY EASEMENTS IN LOT 1, BLOCK 1, COLUMBIA
PARK 15TH ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate 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 ft. utility easement which is parallel with and adjoining the South 38th Street and the 24th Avenue South right of way lines, the required legal notice had been published calling for a public hearing to be held this
evening and further that no protests or grievances had been fled with the auditor’s office.

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

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7859 - Resolution.

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

ADOPT RESOLUTION VACATING SIDEWALK
EASEMENT LYING IN LOT 15, BLOCK 2, COUNTRY
VIEW FIRST RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 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, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

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

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

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7860 - Resolution.

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

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING FROM 1309 8TH AVENUE NORTH
TO 1311 8TH AVENUE NORTH FOLLOWING HEARING

The city auditor reported that the notice of public hearing on the application by Clifford and Marilyn Coss to move a building from 1309 8th Avenue North to 1311 8th Avenue North to be used as a garage 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 application for moving permit by Clifford and Marilynn Coss to move building from 1309 8th Avenue North to 1311 8th Avenue North, and recommended to approve the application for moving permit subject to the public hearing and as per recommendations of the Inspections Department.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved, and further that the Coss’ be and are hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The city auditor’s statement of changes in cash balances as of August 31, 1999 was presented and read. It was moved by Council Member Lunak and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.

The city auditor’s statement of investment activity for the period ending July 31, 1999, was presented and read. It was moved by Council Member Klave and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 13 votes affirmative.

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, August 26, 1999, that notice had been published as required and that the following appeals were heard: 1) Dennis Hanson, 3117 Prairie Road, request for variance to the accessory building requirement to build a detached garage, variance approved allowing 2,032 sq.ft. of accessory building area to construct a detached garage; 2) Brian and Teresa Bohlman, 2601 Prairie Road, request for variance to accessory building requirement to build a detached garage, variance allowing 1,700 sq.ft. of accessory building area in order to construct a detached garage; 3) Kevin Peach on behalf of Bible Baptist Church, 6367 Gateway Drive, request for variance to the paving and landscaping requirements to delay the paving of the parking area to allow for settling, variance allowed to delay the paving requirements for five years; 4) Cliff Coss on behalf of Twin City Motors, 1217 1st Avenue North, request for variance to the paving and landscaping requirements to develop the property for an auto sales lot, item tabled until next meeting.

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

APPROVE BILLS

Vendor Payment Listing 99-15, dated September 7, 1999, and totaling $1,780,560.93, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

APPROVE APPLICATIONS FOR THREE-YEAR TAX
EXEMPTIONS ON IMPROVEMENTS

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial/residential properties: Cassandra L. Romuld, 417 Walnut Street, recommended approval for a three-year exemption for 417 Walnut Street.

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial/residential properties: Phoenix Properties, 308 2nd Avenue North, and recommended approval for a three-year exemption for Phoenix Properties at 308 2nd Avenue North.

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial/residential properties: Ernie Gregoire, 2100 South Washington Street, and recommended approval for a three-year exemption for the Travelodge at 2100 South Washington Street, with a cap of $500,000 improvement.

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

AUTHORIZE PROCEEDING WITH PARKING LOT AT
SENIOR CITIZENS CENTER

Committee No. 1, Finance, reported having considered the matter of parking lot at Grand Forks Senior Citizens Center , and recommended to proceed this fall with improvements of the parking lot at the Senior Center amending the building fund using part of its cash carryover in the amount of $20,000.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO TWO-YEAR CONTRACT
FOR COMPREHENSIVE ANNUAL FINANCIAL REPORT

Committee No. 1, Finance, reported having considered the matter of negotiating contract for comprehensive annual financial report, and recommended approval of a two-year contract with Brady Martz for a range of $21,940-23,020 for 1999 and a range of $22,600-23,710 for 2000.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

DECLARE PROPERTY AT LOT 2, BLOCK 1, GREAT
NORTHERN FIRST ADDITION AS SURPLUS AND
AUTHORIZE FOR SALE

Committee No. 1, Finance, reported having considered the matter of surplus property at Lot 2, Block 1, Great Northern First Addition (near west end of Park Avenue), and recommended to declare Lot 2, Block 1, Great Northern First Addition surplus and advertise it for sale.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE RESTRUCTURING PROPOSAL AND JOB
DESCRIPTION CHANGES FOR POLICE DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of restructuring proposal and job description changes for police department, and recommended approval of the restructuring proposal and job description changes for the police department.

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

AUTHORIZE FINANCE DEPARTMENT TO SEND OUT
RFP FOR TRAVEL PROPOSAL

Committee No. 1, Finance, reported having considered the matter of proposal for travel, and recommended that the finance office send out the RFP for travel.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUEST FOR QUOTATIONS FOR FUEL
FOR Y2K

Committee No. 1, Finance, reported having considered the matter of request for RFP for fuel for Y2K, and recommended approval of a request for quotations.

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

DENY REQUEST FOR YOUTH COMMITTEE FUNDING

Committee No. 1, Finance, reported having considered the matter of Youth Committee funding, and recommended to deny the request.

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

Council Member Babinchak moved a substitute motion to give the Youth Committee $5,000 from the Loan and Stabilization Fund contingent upon their obtaining the other $35,000 for operating, and that they obtain non-profit status (or paperwork filed in a timely manner) by December 31, 1999. Council Member Beyer seconded the motion.

Council Member Hamerlik stated that the United Way has many worthwhile projects and this particular very valuable work needs to be funded and should be from other than public money for social program.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Glassheim, Lunak, Beyer, Babinchak, Lucke - 5; voting “nay”: Council Members Hamerlik, Bouley, Carpenter, Klave, Bakken, Hafner, Brooks, Polovitz - 8. Mayor Owens declared the substitute motion defeated

Upon call for the question on the original motion and upon roll call vote, the following voted “aye”: Council Members Bouley, Carpenter, Klave, Bakken, Hafner, Brooks, Polovitz, Hamerlik - 8; voting “nay”: Council Members Glassheim, Lunak, Beyer, Babinchak, Lucke - 5. Mayor Owens declared the motion carried.

INRODUCE ORDINANCE RELATING TO ISSUANCE
OF SEWER RESERVE REVENUE BONDS TO FINANCE
ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL
WATER, SEWAGE AND STORM SEWER UTILITIES

Committee No. 1, Finance, reported having considered the matter of ordinance relating to the issuance of Sewer Reserve Revenue Bonds to finance additions and improvements to the municipal water, sewage and storm sewer utilities, and recommended approval and to introduce the ordinance for first reading.

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

Council Member Brooks introduced an ordinance entitled “An ordinance amending Section 2-0901 of Article 9 of Chapter 11 of the Grand Forks City Code relating to the issuance of Reserve Revenue Bonds to finance additions and improvements to the municipal water, sewage and storm sewer utility”, which was presented, read and passed on its first reading.

APPROVE REQUEST TO CLOSE STREETS FOR STREET
DANCE AND BEER GARDEN IN DOWNTOWN

Committee No. 2, Public Safety, reported having considered the request by The Edge to close streets and hold street dance (and beer garden) in downtown area on Saturday, September 11, between the hours of 5:00 p.m. and midnight, and recommended that we approve the request from 5:00 p.m. to 12:00 midnight.

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

INTRODUCE ORDINANCE RELATING TO TOWING
CHARGES

Committee No. 2, Public Safety, reported having considered the matter of clarification on regulations for towing charges, and recommended to amend the ordinance as follows: that 8-0823 be left as is; that 8-0824 be increased from $50.00 for removal to $100.00 and that b) storage be increased from $3.00 to $10.00; and that on 8-0825 that the storage fees of $5.00 be increased to $7.50 and after seventh day, the $3.00 be increased to $5.00 per day thereafter, and that the ordinance be introduced for first reading.

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

Council Member Beyer introduced an ordinance entitled “An ordinance amending Sections 8-0824 and 8-0825 of the Grand Forks City Code relating to removal and storage fees of impounded vehicles”, which was presented, read and passed on its first reading.

ACCEPT BID FOR PURCHASE OF FIRE PUMPER

Committee No. 2, Public Safety, reported having considered the matter of consideration of bids for fire truck, and recommended to accept the purchase of the fire pumper, Heartland #1, in the amount of $186,467 plus air conditioning in the amount of $6,300 with warranty.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE GRANTS WITH ND DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant with North Dakota Department of Health for Tobacco Prevention and Control Grant, $35,000, for July 1, 1999 through June 30, 2000, and recommended that we approve the grant agreement.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of grant with North Dakota Department of Health for Agricultural Occupational Health and Safety Grant, $14,245 from July 1 to September 30, 1999, and recommended to approve the grant.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE UND COLLEGE OF NURSING STUDENT
LEARNING AGREEMENT

Committee No. 2, Public Safety, reported having considered the matter of UND College of Nursing Student Learning agreement, and recommended that we approve the agreement.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR OFFICE FURNITURE FOR HEALTH
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for office furniture, and recommended to accept the bids from Gaffaney’s in the amount of $16,218.00, of which $7,300 is grant funded.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A request for transfer of funds within the police department budget in the amount of $6,337.93 for cash match for grant, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer of funds be approved. Carried 13 votes affirmative.

ACCEPT BID FOR MOBILE LIFT SYSTEM AT CENTRAL
GARAGE

Committee No. 3, Public Service, reported having considered the bids for mobile lift system at Central Garage, and recommended to accept the bid of H. E. Everson Automotive in the amount of $24,990.00.
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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APROVE BUDGET AMENDMENTS

A request from the Water Treatment Plant to transfer $2,500.00 within their budget to cover budget shortfall was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 13 votes affirmative.

A request from Water Utility to transfer $97,400.00 for emergency repair of raw water line from Red River Intake was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 13 votes affirmative.

A request from Stormwater utility to transfer $25,000.00 within their budget to cover northend stormwater study was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 13 votes affirmative.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR SITING OF SEWAGE LIFT STATIONS
#1, #4 AND #5

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement (GFEG) for siting of sewage lift stations #1, #4 and #5, and recommended to approve amendment to the existing engineering services agreement with Greater Forks Engineering Group in the amount of $4,830.00.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO ENGINEERING SERVICES
AGREEMENT FOR INTERIOR DRAINAGE

Committee No. 3, Public Service, reported having considered the matter of engineering services for interior drainage (GFEG), and recommended to authorize entering into an agreement for engineering services with Greater Forks Engineering Group in an amount of $17,835.30.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the temporary construction easement for Lift Station No. 27 replacement and permanent utility easement lift station rehab, Lot 1, Block 3, Columbia Park 8th and Lot 2, Block 1, Columbia Park 19th, located at corner of 24th Avenue south and South 34th Street, for and in consideration of the sum of $1.00, grantor, Park District of the City of Grand Forks, and recommended that we approve the temporary and permanent easements and authorize proper City officials to sign the documents.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the temporary construction easement for Watermain Project No. 4880 and permanent utility easement for same, located in Lot B, Block 1, Replat of Lot 1, Block 1, Ulland Park First Addition, including portion of unplatted property, South 20th Street extended south of 47th Avenue South, for and in consideration of the sum of $1.00, grantor, Park District of the City of Grand Forks, and recommended that we approve temporary and permanent easements and authorize proper City officials to sign the documents.

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

APPROVE SELECTION OF CPS, LTD. AS CONSULTANT
FOR ENGINEERING SERVICES FOR PROJECTS NOS.
4829, 5048 AND 4960

Committee No. 3, Public Service, reported having considered the matter of consultant selection for engineering services for Project Nos. 4829, 5048 and 4960, paving 42nd Street from University Avenue to 29th Avenue South and 17th Avenue from South 42nd to South 35th Streets, and recommended to approve selection of CPS, Ltd. and authorize staff to negotiate agreement.

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

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4717,
NORTHEND STORM SEWER STUDY

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement with Advanced Engineering for Project No. 4717, northend storm sewer study, and recommended to authorize entering into an agreement for engineering services in an amount not to exceed $25,000.

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

APPROVE REIMBURSEMENT AGREEMENT WITH NODAK
ELECTRIC COOPERATIVE, PROJECT NO. 4904

Committee No. 3, Public Service, reported having considered the matter of Reimbursement Agreement with Nodak Electric Cooperative to relocate utility along 47th Avenue south from Cherry Street to 11th Street, Project No. 4904, and recommended to approve the agreement for relocation in the estimated amount of $5,000 to $6,000.

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

APPROVE ENCROACHMENT AGREEMENT WITH WILLIAMS
PIPELINE COMPANY, PROJECT NO. 4779

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement with Williams Pipeline Company, Project No. 4779, and recommended to approve the agreement, contingent upon review by the city attorney.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4757.1

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements, Amendment No. 1, surveying services, Project No. 4757.1, Downtown Curb and Gutter Replacement (CDBG), and recommended to approve Amendment No. 1 to the engineering services agreement in an amount not to exceed $4,000.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4719, SEWER RESTORATION

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements , Amendment No. 10, sewer smoke testing, Project No. 4719, Sewer Restoration (CDBG), and recommended to approve Amendment No. 10 to the engineering services agreement project.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4959, DISTRICT NO. 400

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4959, District No. 400, storm sewer on South 42nd Street from 17th to 29th Avenues South, and recommended to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7861 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4959, DISTRICT NO. 400

The city auditor presented and read the engineer’s report on Sewer Project No. 4959, District No. 400: Document No. 7862 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4959, DISTRICT
NO. 400

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7862 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted..

APPROVE ENGINEER’S REPORT, PROJECT NO. 4698

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4698, storm pumping station at the Industrial Park, 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 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4698, STORM PUMPING STATION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4698, storm pumping station at the Industrial Park, and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4757.2, MILL AND OVERLAY DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4757.2, mill and overlay downtown streets (CDBG), and recommended to approve the plans and specifications and authorize call for bids.

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

ACCEPT BID FOR PROJECT NO. 4983, REPLACE PUMP
STATION NO 27

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4983, replace Pump Station No. 27 (CDBG eligible), and recommended to accept Schedule B as follows: General bid, Industrial Contract Services, Inc. in the amount of $626,900.00; Mechanical contract, McFarlane Sheet Metal, $17,550.00; and Electrical bid, Hanson Electric of Bemidji, Inc., $166,700.00, for a total bid of $811,150.00.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECTS NOS. 4995, 4996 AND 4997,
SANITARY SEWER, WATERMAIN AND STORM SEWER
IN UNIVERSITY VILLAGE

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Projects Nos. 4995, 4996 and 4997, sanitary sewer, watermain and storm sewer in University Village (CDBG), and recommended to accept the low bid of Molstad Excavating in the amount of $669,657.50.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SIDEWALK
PROJECT NO. 4831, DISTRICT NO. 17

The city auditor presented and read tabulation of bids which had been received and opened on August 30, 1999 for Sidewalk Project No. 4831, Sidewalk District No. 17, sidewalk repairs in Valley Park Addition, indicating that Rogers Construction was the low bidder based upon their bid in the amount of $12,515.00: Document No. 7864 - Tabulation of Bids.

The city engineer’s estimate of total cost on Sidewalk Project No. 4831, District No. 17, in the amount of $16,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4831, District no. 17, sidewalk repairs in Valley Park Addition easements, and recommended to accept the low bid of Rogers Construction in the amount of $12,515.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7864.1 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Sidewalk Project No. 4831, District No. 17, to Rogers Construction 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 - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

APPROVE CHANGE ORDER, PROJECT NO. 4892

Committee No. 3, Public Service, reported having considered the change order for Project No. 4892, 1999 Traffic Loop Detector Replacement Project, C.O. #1 (CDBG), Fargo Electric, contractor, $2,219.40, and recommended to approve the change order in the amount of $2,219.40.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS, PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the change order for Project No. 4886, pave South Columbia Road from 47th to 62nd Avenues South, Change Order No. 1 for boat ramp repair (CDBG), Nodak Contracting, contractor, $17,000, and recommended to approve the change order in the amount of $17,000.

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

Committee No. 3, Public Service, reported having considered the change order for Project No. 4886, pave South Columbia road from 47th to 62nd Avenues South, Change Order No. 2, for paving North 6th Street from Conklin to Fenton Avenue (CDBG), Nodak Contracting Company, contractor, $62,850.00, and recommended to approve the change order in the amount of $62,850.00.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, SEWER PROJECT NO. 4868

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4868, storm sewer on Washington Street from 51st to 62nd Avenues South, Change Order No. 2, Molstad Excavating, contractor, $5,940.00, and recommended to approve the change order.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4854

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4854, forcemain replacement on Columbia Road from 17th to 24th Avenues South, Change Order No. 1, Molstad Excavating, contractor, $17,977.33, and recommended to approve the change order in the amount of $17,977.33.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4926

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station No. 39, Change Order No. 2, Dakota Underground Company, Inc., contractor, at no additional cost, and recommended to approve the change order, no additional cost.

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, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE REQUEST FOR EXTENSION OF DEADLINE
TO RELOCATION VOUCHER

Committee No. 4, Urban Development, reported having considered the matter of request for extension of deadline to relocation voucher, and recommended approval to extend the relocation voucher for Gene Goodman to October 15, 1999.

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

APPROVE SITE PLAN FOR PRAIRIE HARVEST LODGE
HOUSE
Committee No. 4, Urban Development, reported having considered the matter of site plan for Prairie Harvest Lodge House, and recommended approval of the site plan for the Prairie Harvest Lodge House (formerly 10 Fenton) to front on Fenton Avenue at North 6th Street.

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

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders and recommended to approve a change order to Listul Industries in the amount of $11,020 to the Corporate Center.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to the Corporate Center, and recommended to approve a (deductive) change order to Artstone in the amount of $7,859.00 to the Corporate Center.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to the Corporate Center, and recommended to approve a change order to TF Powers Construction in the amount of $19,213.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended to approve a (deductive) change order to Meide & Sons in the amount of $3,679.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended to approve a change order to Construction Engineers in the amount of $3,652 (tenant cost).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order to Corporate Center, and recommended to approve a change order to Lee Davis Electric in the amount of $3,779 (tenant cost).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended to approve a change order to Northland, Ltd. in the amount of $1,196.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended to approve a change order to McFarlane Sheet Metal in the amount of $1,544.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order to Corporate Center, and recommended to approve a (deductive) change order to NOVA Fire Protection in the amount of $451.

Committee No. 4, Urban Development, reported having considered he matter of Mortenson change orders to Corporate Center, and recommended to approve a change order to Lunseth Plumbing/Heating in the amount of $383 contingent upon assigning of responsibility.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders to Corporate Center, and recommended to approve a change order to Construction Engineers in the
amount of $1,586.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order to Corporate Center, and recommended to approve a change order to Hanson Electric in the amount of $6,625.

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 - 13; voting “nay”: none. Mayor Owens declared the motion 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 to approve a change order to Gowan Construction in the amount of $122,450 to demolish the rear 38 ft. of the NSP building and remove foundation walls and footings and backfill the old Glass and Paint site (Phase IV demolition funds).

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended to approve a change order to Ron’s Electric in the amount of $1,960.27 for the disconnection and removal of electrical in the rear 38 ft. of the NSP building.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended to approve a change order to Opp Construction, Inc. in the amount of $5,967.50 for saw and break concrete work on South 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to a change order to Environmental Abatement Services up to $120,000 in the event material in the second floor of 15 South 3rd Street is asbestos.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

REFER MATTER OF WASHINGTON SCHOOL APARTMENTS
RENTAL REHAB LOAN BACK TO STAFF

Committee No. 4, Urban Development, reported having considered the matter of Washington School Apartments Rental Rehab loan, and recommended to send this request back to staff to come back with another option.

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

APPROVE TRANSFER OF PROPERTIES TO JDA FOR RESALE

Committee No. 4, Urban Development, reported having considered the matter of Phase II property transfer to Jobs Development Authority (JDA), and recommended to approve transfer of 517, 519 and 521 University Avenue from City to the JDA for resale.

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

APPROVE CHANGE ORDER FOR REPLACEMENT OF
CURB AND GUTTER FOR 401/402 DEMERS AVENUE

Committee No. 4, Urban Development, reported having considered the matter of curb and gutter for 401/402 DeMers Avenue, and recommended to approve a change order to Opp Construction, Inc. in the amount of $28,000 for replacement of curb and gutter at 401-402 DeMers (acquisition and demolition account); and to approve a change order to Opp Construction in the amount of $65,700 to remove existing concrete, regrading, drainage and repaving of the former First Bank drive-in site (acquisition and demolition account).

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

APPROVE GRANT AND SALE OF BUILDING AT 16 SOUTH
3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of grant and sale of 16 South 3rd Street, and recommended to approve the award of $195,000 in commercial rehab grant funds contingent upon the listed conditions in the contract and upon final approval of the sale of the building by the JDA to David Badman and Derrick Johnson (D's Development, LLC).
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER TO EAPC CONTRACT TO INCLUDE
PARKING LOT REPAIRS FOR DOWNTOWN LOTS

Committee No. 4, Urban Development, reported having considered the matter of parking lot repairs, and recommended approval of the parking lot repairs up to $81,200 out of the general improvements for downtown fund with design and bidding services to be provided by EAPC as an amendment to their current contract.

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

EXTEND DEADLINE FOR MOVING OF PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of deadlines for properties sold to be moved, and recommended approval to extend the moving deadline of 106 49th Avenue South and 201 34th Avenue South to October 13 as a one-time extension only.

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

AUTHORIZE SOLICITATION OF BIDS FOR DEMO OF
ELKS CONDOS AT 255 ELKS DRIVE

Committee No. 4, Urban Development, reported having considered the matter of demolition of Elks Condos, and recommended approval to authorize the solicitation of bids on the demo of the Elks Condos at 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 13 votes affirmative.

AUTHORIZE STAFF TO DEVELOP ROUND OF FUNDING
FOR SUPPLEMENTAL FUNDS AND HOLD REQUEST BY
LISTEN, INC.

Committee No. 4, Urban Development, reported having considered the matter of non-profit request for funds, and recommended to request staff to develop another round of funding for supplemental funds and hold this request by Listen, Inc.

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

AUTHORIZE ISSUANCE OF RFP’S FOR PUBLIC ART
PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of RFP’s for public art projects, and recommended approval to issue RFP’s for public art projects which will come back to a selection jury, with funds coming from the $1.8 million DDC streetscape project.

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

RECEIVE AND FILE FUNDING REQUEST FOR HISTORIC
HOUSING DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of funding request for Historic Housing District, and recommended to receive and file.

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

Tim Lamb, Red River Foundation, gave a brief review of their proposal which is to offer the opportunity for historic homes and other southend homes being moved into the development that will be adjacent to the golf course on the southend, that they think it has merit to preserve and retain some of these historic homes, and have received favorable recommendations from Royce Yeater, and endorsement of the Grand Forks Historic Preservation Commission with some caveats. He stated there are many benefits, historic mitigation and that when this development is completed it will bring from $15 to $20 million per year in
property tax value to the city, and would like council to consider this opportunity and that he will bring this proposal back with some dollar amounts.

Upon call for the question, and upon voice vote, the motion carried 13 votes affirmative.

APPROVE COMMERCIAL REHAB GRANT FOR RENOVATION
TO 311 KITTSON AVENUE AND AUTHORIZE CHANGE ORDER
TO EAPC CONTRACT

Committee No. 4, Urban Development, reported having considered the matter of the Hoffman building, and recommended approval up to $93,000 in Commercial Rehab Grant funds to be used for renovations to 311 Kittson Avenue (Hoffman building) and authorize the work to be completed through change orders to the current City Center Mall storefront contract with EAPC.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER TO CITY CENTER MALL
DEMOLITION CONTRACT FOR DEMOLITION OF SORLIE
BUILDING AT 319/323 DEMERS AVENUE

Committee No. 4, Urban Development, reported having considered the matter of demolition of the Sorlie building, and recommended to authorize a change order to the City Center Mall demolition contract for Gowan Construction for $85,000 for the demolition and $14,084 to Environmental Abatement Services for the abatement of the Sorlie building at 319/323 DeMers Avenue.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CONDITIONAL USE PERMIT FOR MULTI-
FAMILY RESIDENTIAL BUILDING IN AN R-2 DISTRICT,
LOT A, BLOCK 1, KELSEY’S 2ND ADDITION (HARRIMAN
BUILDING)

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

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

Council Member Carpenter asked to be excused from voting on this matter. It was moved by Council Members Glassheim and Babinchak to excuse Council Member Carpenter from voting on this issue. Carried 12 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Carpenter abstaining.

APPROVE FINAL 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 final 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 final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION TO ANNEX ALL OF AUDITOR’S
SUBDIVISION NO. 28 AND STRIP OF ADJ. PROPERTY

The Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks for a resolution to annex all of Auditor’s Subdivision Number 28 and a strip of property 180 feet north of the Quarter line to the City of Grand Forks, North Dakota, being a part of the East Half of Section32, Township 152 North of Range 50 West of the 5th Principal Meridian (located north of Valley Contracting, and recommended approval of the annexation resolution as shown on the map attached, and to set the public hearing for October 18, 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 the following resolution of annexation, which was presented and read: Document No. 7865 - 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 18th day of October, 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, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE CONDITIONAL USE PERMIT FOR EXTRACTION
PROCESSING OR STORAGE OF SAND, GRAVEL, STONE OR
OTHER RAW MATERIAL

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks Engineering Department for approval of a conditional use permit for the extraction processing or storage of sand, gravel, stone or other raw material as provided in Section 18-0219, subsection (3) paragraph (A) of the Land Development Code, Lot 1, Block 1, Auditor’s Subdivision Number 28 (located between Valley Contracting and 20th Avenue North and between North 36th street and the English Coulee), and recommended approval of the conditional use permit for the borrow pit.

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.

GRANT FINAL APPROVAL OF A REPLAT OF LOT 2,
BLOCK 2, INDUSTRIAL RESUBDIVISION NO. 3

The Planning and Zoning Commission reported having considered the matter of a request from City Engineering Department on behalf of Henningsen Cold Storage Company for final approval (fast track) of a Replat of Lot 2, Block 2, Industrial Resubdivision No. 3 to Grand Forks, North Dakota (located in the southwest corner of the intersection of 10th Avenue South and South 50th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE VARIANCE TO SUBDIVISION REGULATIONS
TO LAND DEVELOPMENT CODE RELATING TO RIGHT
OF WAY ACCESS TO ARTERIAL STREETS

The Planning and Zoning Commission reported having considered the matter of the request from Jonathan Clark on behalf of the Federated Church for approval of a variance to the subdivision regulations of the Land Development Code relating to right of way access to arterial streets prohibiting access to a minor arterial every 600 feet from any intersection or other point of access to that arterial. The applicant is requesting a variance of 40 feet or 66% from a minimum of 600 feet to 395 feet (located at 2122 17th Avenue South), and recommended approval of the variance to the subdivision regulations of the Land Development Code relating to right of way access to arterial streets. This will approve the variance of 40 feet.

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.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN B-4 (CENTRAL BUSINESS) DISTRICT
THE REAR 50 FT. OF LOTS 9 AND 11, BLOCK 11, ORIGINAL
TOWNSITE AND LOTS 10 AND 12, BLOCK 11, ORIGINAL
TOWNSITE, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from Planning Department on behalf of the Salvation Army Building and Executive Corners Building 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 rear 50 feet of Lots 9 and 11, Block 11, Original Townsite, and Lots 10 and 12, Block 11, of the Original Townsite, Town of Grand Forks, Grand Forks, North Dakota (located at 300 North 5th Street and 414 University Avenue), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for October 18, 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 Beyer 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 rear 50 feet of Lots 9 and 11, Block 11, Original Townsite, and Lots 10 and 12, Block 11 of the Original Townsite, Town of Grand Forks, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE SERVICE CONTRACT WITH NODAK RADIO
CAB COMPANY

The Bus Committee reported having considered the matter of request to approve service contract with Nodak Radio Cab Company and recommended approval.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE DISADVANTAGED BUSINESS ENTERPRISE
GOAL

The Bus Committee reported having considered the matter of approval of Disadvantaged Business Enterprise goal of 11%, and recommended approval.

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

APPROVE REQUEST FOR PROPOSED CHANGE OF TRIPPER
ROUTE FOR SCHROEDER MIDDLE SCHOOL

The Bus Committee reported having considered the matter of request to approve proposed change of tripper route for Schroeder Middle School and call for a public hearing for September 15, and recommended approval.

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

APPROVE PROPOSED ACCESS TO JOBS BUS ROUTE AND
SET PUBLIC HEARING AT BUS COMMITTEE

The Bus Committee reported having considered the matter of request to approve proposed Access to Jobs bus route and set hearing for next Bus Committee on September 15, 1999.

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

APPROVE REQUEST TO ACCEPT PROPOSAL FOR A/E
SERVICES FOR BUS TRANSFER FACILITY, PROJECT 5053

The Bus Committee reported having considered the matter of request to accept proposal for A/E services from Johnson Laffen for bus transfer facility, Project No. 5053, and recommended approval.

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

AUTHORIZE STAFF TO DRAFT RFP FOR HOTEL ADJ.
TO THE AURORA
The Events Center reported having considered the matter of hotel development near site, and recommended that we request staff to draft the RFP for a hotel adjacent to The Aurora.
It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH THE
CHALLENGE GROUP, INC.

The Events Center reported having considered the matter of agreement with The Challenge Group, Inc. and recommended that we authorize staff to enter into an agreement with The Challenge Group, Inc. using the same terms as the agreement with Landmark Contract Management, Inc. on an hourly as needed basis, plus expenses.

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

AWARD CONTRACT FOR ARTIFICIAL TURF SPORTS
SURFACE FOR THE AURORA

The Events Center Core Committee reported having considered the matter of award of Contract Category 13, artificial turf, and recommended we award the contract for the artificial turf sports surface to Southwest Recreation (Astroturf) for their base bid amount of $996,000 and award the work for alternative 13-2 to them for their bid of $679,000.

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

Council Member Brooks questioned City’s cost of work on 42nd Street and DeMers Avenue intersection. Mr. Vein stated that the cost estimates are approx. $6 million to do the grade separated crossing, that working with the DOT to change some classifications of DeMers in order to get some advance funding is no longer available as their funds have been allocated in the future and can pursue that and other problem is that DeMers is a regional project, 42nd is an urban project, and there is a concern about which funding sources can actually be used on the project in the end. He stated they have a selected urban pot, the regional funds are from a state-wide pot so difficult to determine which of those funding sources ultimately would be able to be used for the separated crossing. He stated that the City will pay 20% and under the Regional Road System they would have to come up with 80% federal funds and 10% State and 10% City but right now not 80% available under either scenario. Council Member Brooks questioned whether they would be able to use any of the monies from the Aurora bonds for that since it is impacted by The Aurora. Mr. Vein stated that the grade separated crossing was in our transportation plan prior to the Aurora site being selected and has been in our long range transportation plan for the construction of the grade separated crossing but this did speed it up. Council Member Brooks stated they should look at using these dollars and put them aside for that intersection rather than to put into artificial turf.

Council Member Carpenter stated it is well worth the money spent and will allow for much quicker turnaround of the facility and that’s primary reason he would support it, and can have more events scheduled which will help improve the bottom line of the facility, and when the issue comes of addressing payment of the grade separations will address at that time and was not intended that The Aurora should fund the grade separation which has been in Planning well before The Aurora.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Polovitz,
Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting “nay”: Council Member Brooks - 1. Mayor Owens declared the motion carried.

AUTHORIZE CONSTRUCTION OF DOWNTOWN SECTION
OF INTERIM DIKE (PHASE II) AND AUTHORIZE PURSUING
PERMITS AND ITEMS NEEDED FOR ENGLISH COULEE
CLOSURE

The Flood Protection Committee reported having considered the matter of Phase II flood mitigation projects, and recommended to authorize construction of the downtown section of the interim dike (Phase II) and authorize to pursue obtaining permits and detailing items needed for the English Coulee closure.

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

AUTHORIZE ENTERING INTO NEGOTIATIONS WITH
SELECTION OF HAZARDOUS WASTE ASSESSMENT
ENGINEER

The Flood Protection Committee reported having considered the matter of approval of hazardous waste assessment engineer selection, and recommended entering into negotiations with High Plains Consortium.

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

APPROVE ENGINEERING SERVICES FOR DIKE
PROMOTIONAL PROJECT

The Flood Protection Committee reported having considered the matter of engineering services for dike promotional project, and recommended to approve Amendment No. 2 with Greater Forks Engineering Group (GFEG), a not to exceed contract amount of $10,500 to hire the production company through GFEG.

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

AUTHORIZE PROCEEDING WITH APPRAISALS OF
CONTINUED ACQUISITION OF PROPERTIES

The Flood Protection Committee reported having considered the matter of continued acquisition of properties, and recommended to proceed with appraisals of all four properties.

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

AUTHORIZE PURCHASE OF THE LINCOLN GOLF
COURSE FOR ADDITIONAL FUNDING AND TO ENTER
INTO FINAL AGREEMENT AND NEGOTIATE LEASE
AGREEMENT WITH THE PARK DISTRICT

The Flood Protection Committee reported having considered the matter of golf course buyout, and authorized the purchase of the Lincoln Golf Course for an additional $400,000 for a total of $2.2 million and to enter into a final agreement and negotiate a lease agreement with the Park District.

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

Council Member Lunak stated that if they were going to keep nine holes and lease them back to the Park District for $1.00, and asked if the land had been appraised. John Staley, Park District, stated that the appraisal was $2.8 million for the 18 holes and buildings included, and have not appraised any sub-part; that the City is going to own the entire golf course property and with the Corps putting the dike through the area, are hoping they can still run 9 holes for a youth and senior type golf course but it will be their decision.

Council Member Lucke asked what the City’s policy was as to appraisals, and if only need half the golf course, why not only have half the course appraised and Park District keep the other half. Mr. Vein stated that the portion of the property on the golf course that is attributable to the levee itself will have to be appraised by a Corps approved appraiser, and will look to see if the existing appraisal would qualify or not and that is the only way the City can use that as a part of the match, that any additional purchasing of property beyond that would not be attributed to the Corps project and would be at our cost and we can use whatever appraisal or method we would want in determining that value. He stated they are in the process of pursuing either qualifications of the existing appraiser to validate that the Corps would accept their appraisal or look for another appraiser who would meet that minimum qualification. He stated they would look at the value of an 18 hole course vs. the value of a 9 hole course and they would retain part of the property, and thinks we would have a very difficult situation if part of the property is within the levee alignment on the wet side are controlled by more than one interest, just trying to maintain some of the plantings or have some restrictions on what you can do within those areas because we have certain minimum hydraulic requirements that have to be maintained in all of the areas on the wet side of the dike.

Council Member Lucke asked whether the City can acquire property without going through an appraisal process to be sure we’re paying a fair price. Mr. Swanson stated that other than whatever requirements the Corps may have for their program, the City can acquire the property at whatever price the city council determines to be a reasonable amount, you are not obligated to have an appraisal.

Mr. Swanson stated that he interprets the motion as entering into a purchase agreement with the Park District for a total sum of $2.2 million which would not be contingent upon any subsequent appraisal or other activity; that unless there is some other intent the minutes seem clear that they are acting to purchase the Lincoln Golf Course at that price and have already made a substantial down payment.

There was some discussion as to reconfiguring of the golf course, revenue, etc. Mr. Vein stated there are a lot of terms that have to be worked out on this before it’s final, and that he interpreted this as authorization to proceed with putting together that agreement and corresponding lease would come to this body for final approval.

Mr. Staley stated the Park District took out a bond issue which handled the housing portion of the development but that was only part of the revenue for the golf course, and the overall budget is part of the buyout of Lincoln, some donation money and will have to bond again, even with the $400,000, of either $800,000 to $1 million. He stated that the $400,000 is very valuable in getting the other golf course started and without the $400,000 would be reluctant to let the bids, have bids to start the other course and could break ground this fall. He stated that it was to get a commitment for the $400,000, and to clear up another issue was the reconfiguring into the 9 in those conditions, it would be at their expense to rebuild
into the 9 hole golf course.

Council Member Beyer moved that we authorize the proper City officials to enter into negotiations for the additional $400,000 contingent upon working out the agreement for the reconfiguration of the existing 9 hole course and a satisfactory lease including the terms until the new dike is done. Council Member Babinchak seconded the motion.

Mr. Swanson stated that he was uncertain of intent of the amendment; Council Member Beyer clarified her amendment - that they go ahead with the $2.2 million and advance the other $400,000 but that they work out the details and not conveying title until after the permanent dike is done is easiest way to accomplish that.

Mr. Staley stated that either the motion or the amendment works, that they are just looking for the concept and that it gives them the sense they can go ahead with the project and come back with details with how the mechanism works.

Mr. Vein stated that they would be able to use portion of this as a match towards the dike project, but won’t be able to determine how much until we have gone through an appraisal process that they concur with, that the value of the golf course is greatly diminished once you reduce it from an 18 hole to a 9 hole, it’s more than just the value of the land under the footprint of the dike and those are things they will have to deal directly with the Corps to get a final determination on what value of this golf course is actually used as a match on our cost share. He stated that we’re going to want to purchase the property under the levee and the property on the wet side, that all land easements and rights of way have to be provided by the City, that CDBG funds cannot be used as a match for the Corps project.

The city auditor stated that the amount the City can use as a match is the same for any of the housing that we’re buying, the City has to fund locally, that we have made some purchases of properties that aren’t going to be a match and that is coming from the CDBG funds.

John O’Leary, Community Development, stated that in the matrix they have CDBG funds budgeted to purchase the golf course and tonight’s discussion is to use preponderance of local funds to do that and if that’s case and it’s an 80-20 deal, will want to use 20% CDBG money to buy this, but need to figure out what that ratio should be so the 20% that’s not local funds can obligate to CDBG now.

The city auditor stated that when the City received the CDBG funds it was anticipated that on all of the purchases for that land we could use CDBG funds and that they would be a match, includes housing, commercial and industrial, Park District land, School District land, and when City found out that they could not, then the whole program shifted to a basis that any property we expect to use as a match against the Corps project will have to be funded with local dollars. He stated that they have purchased some CDBG property that is either not on the wet side or isn’t under the dike and that will continue to be purchased with CDBG funds, that if we purchase a piece of property and have demolished the house on it, the value of the house will not be allowed as a match at the time the Corps project comes in, therefore, the house value is paid by CDBG money and the land value is paid by local dollars, and is not just a simple either or thing and there is no requirement that we cannot purchase the Park District land using a portion of those dollars, that we’re buying land. He stated that we will be reimbursing a portion of that money when it’s determined what’s within the dike line, on the wet side, etc. and that will be local dollars.

Mr. Swanson stated that if the council’s intent is to approve the $2.2 million purchase price and to acquire it in the normal course as we have done over the last couple years, approve the committee’s recommendation and that authorizes the negotiation on the terms of the lease which would include maintenance issues, include reconfiguration issues, liability, etc. Mr. Swanson stated that the City would own the property, that Park District would have no further right to the use or occupation of that property until they would enter into some type of lease agreement or other usage agreement, they would have no rights to the property.

Council Member Beyer and Babinchak withdrew their amendment to the motion.

Mr. Swanson stated that his interpretation of the motion is to approve the purchase of the property for a total price of $2.2 million, authorize the city attorney’s office to move forward with the acquisition and to further authorize proper City officials to negotiate the terms of the lease, which would come back.

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

ADOPT 2000 PRELIMINARY BUDGET

The preliminary budget for the fiscal year ending December 31, 2000 was presented to the city council, copies of the proposed preliminary budget had been delivered to all members of the city council.

The Committee of the Whole reported having considered the matter of preliminary annual budget for year 2000, and recommended to accept the preliminary annual budget for year 2000 including changes. [a) In General Fund Assessing budget (1100 005) the overtime line item should read $7,500 instead of $5,150; b) In General Fund Health budget, Health Grants (1100 045 HL90) that grant will not be funded for the year 2000, and the Expense and Revenue line items at $54,700 each will be removed from the 2000 budget; and c) that there would be a project engineer that would be assigned to Water and Wastewater.]

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

The city auditor reported that there was a listing of minor changes at their desks which they were asking for approval, that these changes within the budget that have no significant impact, and key one is Wastewater where revenue will increase by $198,000 due to a new BOD rate which was not submitted in the original budget.

Council Member Hamerlik reported that last year they increased Salaries from $40,000 to $100,000 for incentives, and asked what the dollar figure is for this year. The city auditor reported that the dollar amount for this year is $500,000 because the committee and council had recommended doing a market study at the last council meeting; that will carry over and council would have the opportunity to move that additional money over to the flood protection project; that the $500,000 is intended only to be used for that adjustment and what council would approve.

The city auditor explained what the designated fund balance portion is and why not available in the ensuing budget year; and stated that was a council priority and an action they could look at and do as they desire; that it would not be his recommendation that that be used for anything in the way of operating funds because that would decrease the mill levy this year and increase the mill levy next year and it was stated last year that the finance office and the Mayor in her budget process try to take a multi-year approach. He stated that the fund balance is made up of several pieces, that there is a reserve fund balance which is specifically set aside and has to be held (reserve for encumbrances from another year); designations are simply thoughts or ideas of the council that are how they wish to use the money and then end up with the unreserved/undesignated fund balance and that is the amount they use when they look at fund balance to be budgeted for the general fund, and other funds would be available for use if council decided that they would back off the commitment of a few years of the budgeted carryover amounts for departments or if as they have done in the past years where they designate the sale tax for future expenses and as the Mayor has suggested in her budget that amount be used for contingencies under the grant area and try to state those uses in as general a term as possible to give the council opportunity to use them as they wish. He stated that it has been used in the past to help fund additional economic development projects that have come up after the development money has been used but it’s at the discretion of the council, and that they do have a total fund balance of $7.5 million coming into 1999, and are projecting a fund balance of $4.+ million for 2000 but until that actually occurs, wouldn’t give that a great deal of weight at this point, and what happens with anything that comes in over the normal unreserved/undesignated fund balance over the past several years the Mayor has suggested and council has approved moving that money to the flood protection project, there are different segments of fund balance.

It was moved by Council Member Babinchak and seconded by Council Member Bakken for approval of the preliminary annual budget for year 2000, including changes, as presented.

Council Member Glassheim moved an amendment that we add $40,000 to reduce the carryover in the Mayor/Council budget for a full-time council staff person. Council Member Carpenter seconded the motion.

Council Member Glassheim stated that the council should have it’s own staff person, that it seems that the administrative branch has a number of staff people available to do research, obtain information, fulfill projects, come up with ideas and put their priority on things, that the council has only 14 part-time people and no staff person. He stated it is true that they work with existing staff but there are times when there are different priorities between the council and administrative or executive branch, and between staff departments and new ideas that the council wants to explore, such a person would do several things: 1) research, get information for council re. new ideas; 2) follow up on council priorities; and thinks this would be useful and would have to organize themselves as a council coherently, would not have 14 people telling one person to do 14 things so there would have to be some process set up whether it’s special committee, committee chairs or whether council president - some way to prioritize what council wants looked at; and whether this will lead to better government in the city of Grand Forks and that’s standard with which to measure the idea. He started that part of the role of the council may be to bring in new ideas from other places, and to have a staff person to help in getting information needed would be helpful, that part of the role of the council is to be a watch dog, but every legislative body acts as a “watch dog” of how things are going and how carrying out what council has said. He stated that part of the role of the council maybe to think outside out the box, and they need to be thinking several years down the road and thinks staff person would help them to do that.

Council Member Beyer asked if it was appropriate to refer to each committee so discussed at committee level and asked to refer this to each committee on their agenda. Mayor Owens expressed some concern with the motion and stated that she sees with this a firm division between mayor and department heads and city council, that they need to consider that $40,000 does not buy much for a salary.

Upon call for the question on the amendment to include this position and upon voice vote, the motion carried with 4 votes against the motion

Upon call for the question on approval of the preliminary budget for 2000, as amended, and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

COMMUNICATIONS FROM THE MAYOR

Mayor Owens reported that she and department heads have been attending a series of executive team building sessions with an organizational development consultant and that they have been very beneficial for the mayor and city department heads and would like feed-back on future sessions with the city council, department heads and herself on focusing on communications, policy, administration roles and developing effective working relationships.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimates dated September 7, 1999 and totaling $11,108,181.59, were presented and read (Estimate Summary in the amount of $5,278,368.70; CDBG Estimate Summary in the amount of $3,891,796.46; Flood Estimate Summary in the amount of $1,905,215.04, and CDBG Monthly Estimate Summary in the amount of $32,801.39).

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

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Watermain Project No. 4433; Paving Project No. 4522, District No. 554; Watermain Project No. 4839, District No. 264; Sewer Project No. 4939, District No. 401; Watermain Project No. 5001; and Paving Project No. 5022, District No. 569.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 4795 ON
ESTIMATED COST BASIS
Council Member Babinchak introduced the following resolution certifying that the total cost of Paving Project No. 4795, District No. 556, is estimated to be $196,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7866 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 5022 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Paving Project No. 5022, District No. 569, is estimated to be $22,400.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7867 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 4463 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Sewer Project No. 4463, District No. 387, is estimated to be $880,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7868 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 4661 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Sewer Project No. 4661, District No. 391, is estimated to be $842,800.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7869 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 4707 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Paving Project No. 4707, District No. 393, is estimated to be $364,700.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7870 Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 4713 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Sewer Project No. 4713, District No. 392, is estimated to be $583,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7871 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 4768 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Sewer Project No. 4768, District No. 398, is estimated to be $678,600.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7872 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 4838 ON
ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Sewer Project No. 4838, District No. 399, is estimated to be $415,700.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7873 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Bouley that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS WATERMAIN PROJECT NO.
4706 ON ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Watermain Project No. 4706, District No. 260, is estimated to be $318,700.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7874 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS WATERMAIN PROJECT NO.
4839 ON ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Watermain Project No. 4839, District No. 264, is estimated to be $104,400.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7875 - Resolution.

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

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS WATERMAIN PROJECT NO.
4979 ON ESTIMATED COST BASIS

Council Member Babinchak introduced the following resolution certifying that the total cost of Watermain Project No. 4979, District No. 266, is estimated to be $264,755.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 7876 - Resolution.

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

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to council for referral to committee and/or department for consideration:

1) Mr. Swanson, city attorney, reported that there was a news article stating that the City was reimbursing to individuals that cleaned their homes following the flood, but article failed to identify that the reimbursement is only available to those property owners that participated in the City’s acquisition program and that he forwarded to the city council two weeks ago a set of documents showing the letter that was to be sent out and for their information the program has two immediate threshold: 1) you must have sold your primary residence to the City in the voluntary acquisition program in order to qualify; and 2) and if you did sell your residence to the City you must have had flood insurance or private insurance that reimbursed you for personal cleanup and those sums were deducted as duplication of benefits. He stated they have reviewed in excess of 700 files and have identified approximately 350 to 375 homes that they believe are eligible, that at the time the council approved the program he couldn’t give an estimate as to the dollar amount, that the dollar amounts range from as low as $200 or $300 to in excess of $12,000 per property and the average is slightly over $3,000. He stated that as of today have issued 64 checks and have an additional 25 to 30 applications that will be processed this week, and that letters have been sent out to about 300 and there are another 50 or 75 property owners who will be receiving letters. He stated that the funding for Phase I and a portion of Phase IA is a combination of CDBG funds, State funds and FEMA dollars, and for those properties outside of Phase I and portion of Phase IA it is 100% CDBG funds.

ADOPT RESOLUTION SUPPORTING NOT ELIMINATING
A JUDICIAL POSITION IN THE NORTHEAST CENTRAL
JUDICIAL DISTRICT

2) Mr. Swanson reported that the North Dakota Supreme Court is holding a hearing on Friday afternoon in Bismarck and the Supreme Court is considering the elimination of one judicial position in Grand Forks in the Northeast Central Judicial District and that he has been invited to provide testimony to the Supreme Court on what impact that may have upon the city of Grand Forks and in particular, impact upon any property acquisition through eminent domain over the next few years, and he anticipates appearing before the Supreme Court and providing that information. He stated our numbers would indicate that we would have approximately 170 properties left to be acquired and cannot estimate how many taken by eminent domain but even if one-third of those would require imminent domain proceedings the loss of one judicial position in the Northeast District would have a negative impact upon our flood protection activities, and wanted to make council aware of that, and that Grand Forks County has or will be adopting a resolution urging the Supreme Court not to eliminate a position in Grand Forks. He stated that the Northeast Judicial District has five judges and the potential is to eliminate one of the judges here and that would reduce our judge to caseload to about a middle of the range in the State of North Dakota and thinks we’re at an appropriate ratio and concerned that it would impact the City and generally those people involved in litigation.

Council Member Babinchak introduced a resolution in support of not eliminating a judicial position: Document No. 7877 - Resolution.

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

REFER VARIOUS ITEMS TO COMMITTEE

3) Council Member Beyer asked that each standing committee consider the matter of staff person to have more organized discussion.
4) Council Member Klave presented the matter of the intersection by the Sherwin Williams/ EcoLab/ Salvation Army as there are no yield or stop signs and the matter was referred to committee.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Brooks that we do now adjourn until Monday, September 20, 1999, at 7:30 o’clock p.m. Carried 13 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor