Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 15, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, November 15, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Members Lucke - 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 .

Mayor Owens introduced two job shadow students, Katie Jacobson, senior at Red River High School, in the Mayor’s Office and Eric Gjildon, senior at Red River High School, in City Attorney’s Office; and also recognized Boy Scout Troop 5 in Grand Forks who were in the audience.

APPROVE MINUTES AUGUST 2 AND 16, 1999

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, August 2 and 16, 1999, were presented and read. It was moved by Council Member Martinson and seconded by Council Member Beyer that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3824, TO PERMIT RECYCLING
FACILITIES IN APPROPRIATE ZONING DISTRICTS

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II”, which had been introduced and passed on its first reading on October 18, 1999, and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code Rules and Definitions Section 18-0204(2); B-3 (General Business) District Section 18-0216(2); I-1 (Light Industrial) District Section 18-0218(2); and I-2 (Heavy Industrial) District Section 18-0219(2) to permit recycling facilities in appropriate zoning districts, and recommended final approval and passage of the ordinance amending the text of the Land Development Code. Council Members Hafner and Polovitz moved the recommendation for approval.

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

TABLE SECOND READING OF ORDINANCE TO AMEND
THE ZONING MAP TO INCLUDE WITHIN SOUTH
CONGRESSIONAL PUD, (PLANNED UNT DEVELOPMENT,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1

An ordinance entitled “An ordinance to amend the zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the South Congressional PUD (Planned Unit Development), Concept Development Plan, and to include within the South Congressional PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1”, which had been introduced and passed on its first reading on October 18, 1999, and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

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

The Planning and Zoning Commission reported having considered the matter of the request from Grand Forks Housing Authority on behalf of Grand Forks Homes, Inc. for final approval of an ordinance amending the Zoning Map to exclude from the South Congressional Planned Unit Development (PUD), Concept Development Plan and to include within the South Congressional Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1 (located between North 55th Street and North 53rd Street and between University Avenue and the Burlington Railroad right of way, and recommended tabling the request until the December, 1999 or January, 2000 Planning and Zoning Commission meeting.

It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved and that the ordinance be tabled. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3825, RELATING TO LICENSE
FEES

An ordinance entitled “An ordinance amending Section 21-0106 of the Grand Forks City code relating to license fees”, which had been introduced and passed on its first reading on November 1, 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 matter. There were none.

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

COUNCIL MEMBER LUNAK REPORTED PRESENT

POSTPONE SECOND READING OF ORDINANCE RE. ZONING
MAP TO INCLUDE WITHIN B-4 (CENTRAL BUSINESS)
DISTRICT ALL OF LOT 5, BLOCK 7, TRAILLS ADDITION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence - High Density) District and include within the B-4 (Central Business) District all of Lot 5, Block 7, Traills Addition to the city of Grand Forks, North Dakota, which had been introduced and passed on its first reading on October 6, 1997, and which had been tabled indefinitely, was presented and read for consideration on second reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from the Valdak Corporation dba Valley Dairy No. 6 for final approval of an ordinance to amend the zoning map to exclude from the R-4 (Multiple Family Residence-High Density) District and to include within the B-4 (Central Business) District al of Lot 5, Block 7, Traills Addition to the city of Grand Forks, North Dakota (located at 110 Belmont Road), and recommended final approval and passage of the ordinance amending the zoning map.

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

Dennis Potter, city planner, stated that this item had been back before the Planning Commission for final approximately two years ago and was tabled at that time, that they brought it off the table and took final action on it and then comes to council in a final action mode.

It was moved by Council Member Glassheim to table this matter to the next council meeting, December 6, 1999, so that people can be aware of this. Council Member Beyer seconded the motion. Carried 13 votes affirmative.

HOLD PUBLIC HEARING ON SALE OF $2,100,000 SEWER
RESERVE REVENUE BONDS, SERIES 1999D

The city auditor reported that notice to the public that the City proposes to construct a sewer system
improvement described as construction of Pump Station #38 and renovation of Pump Station #33 from
temporary to permanent, that the estimated cost of the improvement is $2,100,000, and that the City
council proposes to issue bonds to defray the estimated cost by adoption of a resolution authorizing the
issuance of bonds and including a provision for a reserve fund, and giving notice that written protests
against the issuance of such bonds must be filed in the office of the city auditor within twenty days after
the publication of the notice and determination of sufficiency or insufficiency of protest would be made
at its November 15, 1999 meeting, had been published as required and reported an insufficiency of protest
as no protests had been filed with the city 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 Brooks and seconded by Council Member Hamerlik to declare an insufficiency of protest against the issuance of said bonds. Carried 13 votes affirmative.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING THE SALE OF SEWER RESERVE REVENUE BONDS,
SERIES 1999D TO FINANCE THE UNDERTAKING OF AN
EXPANSION AND IMPROVEMENT OF THE MUNICIPAL SEWER
UTILITY

Committee No. 1, Finance, reported having considered the matter of consideration of award of bids for the following bond issue: $2,100,000 Sewer Reserve Revenue Bonds, Series 1999D, and recommended that we award the bid to Isaak Bond Investments, Inc. at 5.6172% and adopt the resolution.

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.

Brenda Krueger, Springsted, Inc., financial advisory firm, reported that that they took bids on Series 1999D and 1999E and received three bids on each of the two series of bonds that sold today, and the winning bidder on each series of bonds is Isaak Bond Investments, Inc., investment underwriting firm out of Denver and this is the first time this particular underwriter has ever purchased the City’s bonds. She stated that the interest rates received were very close to the estimates they did in September. She noted that when Mr. Erickson was here in October he was able to provide good news about the bond rating and both series of bonds were confirmed as an A-1 rating, and read several quotes out of Moodys report: “..That Moodys believes that Grand Forks’ strong financial position which has been thoroughly tested by challenges associated with flood recovery will be maintained due to ample reserve levels, demonstrated prudent financial policies and increased revenues resulting from post-flood economic resurgence. The general fund balance has remained stable for the last three years and flood recovery efforts continue to produce greater than budgeted permits, license fees and sales tax collections. The maintenance of ample balances attest to management controls and are key to the high quality of rating.”

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $2,100,000 Sewer Reserve Revenue Bonds, Series 1999D (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 20, 1999, The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 3 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids ere then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 7904 - Bid Tabulation.

Council Member Brooks introduced the following resolution and moved its adoption, which motion was seconded by Council Member Hamerlik: Document No. 7905 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Carpenter, Babinchak, Bakken, Beyer, Bouley, Brooks, Glassheim, Hafner, Hamerlik, Lunak, Klave, Martinson, and Polovitz - 13; and the following voted against the same: None, whereupon the resolution was declared duly passed and adopted.

HOLD PUBLIC HEARING ON SALE OF $1,850,000 WATER
RESERVE REVENUE BONDS, SERIES 1999E

The city auditor reported that notice to the public that the City proposes to construct a water system improvement described as construction of Downtown Watermain Replacement, Phase l, and engineering fees on Phase 2, that the estimated cost of the improvement is $1,850,000, and that the City Council proposes to issue bonds to defray the estimated cost by adoption of a resolution authorizing the issuance of bonds and including a provision for a reserve fund, and giving notice that written protests gainst the isuance of such bonds must be filed in the office of the city auditor within twenty days after the publication of the notice and determination of sufficiency or insufficiency of protest would be made at its November 15, 1999 meeting, had been published as required and reported an insufficiency of protest as no protests had been filed with the city 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 Brooks and seconded by Council Member Hamerlik to declare an insufficiency of protest against the issuance of said bonds. Carried 13 votes affirmative.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING THE SALE OF WATER RESERVE REVENUE BONDS,
SERIES 1999E TO FINANCE THE UNDERTAKING OF AN
EXPANSION AND IMPROVEMENT OF THE MUNICIPAL
WATER UTILITY

Committee No. 1, Finance, reported having considered the matter of consideration of award of bids for the following bond issue: $1,850,000 Water Reserve Revenue Bonds, Series 1999E, and recommended that we award the bid to Isaak Bond Investments, Inc. at 5.6172% and adopt the resolution.

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.

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $1,850,,100,000 Sewer Reserve Revenue Bonds, Series 1999D (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 20, 1999, The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 3 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids here then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 7906 - Bid Tabulation.

Council Member Brooks introduced the following resolution and moved its adoption, which motion was seconded by Council Member Hamerlik: Document No. 7907 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Carpenter, Babinchak, Bakken, Beyer, Bouley, Brooks, Glassheim, Hafner, Hamerlik, Lunak, Klave, Martinson, and Polovitz - 13; and the following voted against the same: None, whereupon the resolution was declared duly passed and adopted.

REPORTS OF OFFICERS

The city auditor presented and read the investment report for the period ending October 31, 1999. It was moved by Council Member Bouley and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-20, dated November 15, 1999, and totaling $2,098,695.98, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

ACCEPT BIDS FOR Y2K DIESEL FUEL

Committee No. 1, Finance, reported having considered the matter of Y2K diesel fuel bids, and recommended acceptance of the bid from Cenex for 30,000 gallons of Artic brand diesel fuel at a unit price of $1.169 for a total price of $35,070.

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

INTRODUCE ORDINANCE RELATING TO CIVIL
SERVICE SYSTEM

Committee No. 1, reported having considered the matter of consideration of Sections 6-0604, 6-0606s and 6-0607 relating to proceedings for discipline because of earlier changes re. disciplinary action, and recommended approval of the changes and introduce for the first reading (motion to reflect correction in Subsection 2, Notification, to at least five days).

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 Bakken introduced an ordinance entitled “An ordinance amending Sections 6-0604, 6-0606 and 6-0607 and adopting and enacting 6-0606.1 of the Grand Forks City code relating to the Civil Service System”, which was presented, read and passed on its first reading.

REJECT ALL PROPOSALS AND ALLOW DEPARTMENTS
TO CONTINUE TO SELECT TRAVEL AGENCY

Committee No. 1, Finance, reported having considered the matter of travel agency services, and recommended to reject all proposals and allow departments to continue to select the travel agency they are most comfortable with.

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.

AUTHORIZE PAYMENT OF FEES TO DATE TO POLSON
ARCHITECTS FOR PUBLIC SAFETY FACILITY

Committee No. 1, Finance, reported having considered the matter of payment for Polson Architects, and recommended to authorize payment of fees to date to Polson Architects with a final amount to be determined by Monday with this being the final payment until the contract is finalized.

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

ADOPT RESOLUTION REGARDING DIKE BONDS

Committee No. 1, Finance, reported that we adopt the Supplemental Resolution relating to the $10,730,000 General Obligation Dike Bonds, Series 1999A, term bonds.

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

Council Member Babinchak reported that this is an administrative item, that in the original resolution the term bonds were not addressed and this is supplemental resolution and it defines term bonds to the winning bidder and it’s a tool for the City to enhance the marketability of the bonds.

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

TABLE MATTER OF ELECTION REGARDING USE
TAX TO DECEMBER 6, 1999

Committee No. 1, Finance, reported having considered the matter of election regarding use tax, and recommended to adopt the resolution calling for a special election on the consideration of a use tax.

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

Council Member Babinchak moved to table this matter to December 6, 1999, the motion was seconded by Council Member Carpenter.

Mr. Swanson reported that he had previously forwarded to the council members drafts of the resolution and notice of an amendment to the Home Rule Charter with regard to a use tax, and this evening for your consideration he has handed out a resolution and notice of proposal to amend the Home Rule Charter with respect to the authority for selection of forms of government. The tabling of this matter would not have any impact as far as the timing of an ultimate special election.

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

APPROVE AGREEMENT WITH UTAH STATE UNIVERSITY
DIETETIC INTERNSHIP PROGRAM WITH HEALTH
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of agreement with Utah State University Dietetic Internship Program Agreement for period October 4, 1999 to April 21, 2000, and recommended approval.

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

APPROVE BUDGET AMENDMENTS

A request by the Police Department to transfer $3,183.71 within their budget to reflect restitution and Ins for damages to vehicles, donations to GREAT and Child ID, and billable overtime for UND and Red River events to cover expenses incurred, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 13 votes affirmative.

A request by the Health Department to transfer $1,500.00 within their budget to reflect October Food Manager certification class, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this transfer be approved. Carried 13 votes affirmative.

APPROVE SNOWMOBILE ROUTE

Committee No. 2, Public Safety, reported having considered the matter of snowmobile route, and recommended to move the snowmobile route at the point of Mill Road to head to Red Dot and Alpha to the River.

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

APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR
ON SALE BEER & WINE) LICENSE AT 1149 36TH AVENUE
SOUTH

Committee No. 2, Public Safety, reported having considered the application by Parrot’s Cay, LLP, for
Class 3 (Off and/or On Sale Beer &Wine) license at 1149 36th Avenue South, and recommended approval contingent upon city attorney approval.

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

ADOPT COLUMBIA ROAD AND 32ND AVENUE SOUTH
CORRIDOR STUDY, PROJECT 5114, WITH MODIFICATION
AT COLUMBIA ROAD AND DEMERS INTERCHANGE AND
NOT DELETE STREET LIGHT ON 31ST

Committee No. 3, Public Service, reported having considered the matter of Columbia Road and 32nd Avenue South corridor study, and recommended that we adopt the plan with modification at Columbia Road and DeMers interchange and not to delete street light on 31st.

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

ACCEPT BIDS FOR CLAY AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for clay at landfill, and recommended to accept the low bid of Torgerson Trucking at $4.18 c.y. for 15,000 c.y. of clay for a total of $62,700.

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

ACCEPT BID FOR OIL STORAGE TANK

Committee No. 3, Public Service, reported having considered the bids for oil storage tank, and recommended to accept the low bid of Hobbs, Inc. for $7,860.00, including finish coat and below liquid manhole.

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

ACCEPT BID FOR REMOVAL OF OIL STORAGE TANKS

Committee No. 3, Public Service, reported having considered the bids for removal of oil storage tanks, and recommended to accept the low bid of Hobbs, Inc. in the amount of $600.00 to clean and dispose of 3 storage tanks and $500.00 for analytical testing.

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

APPROVE AMENDMENT NO. 1 FOR ENGINEERING
SERVICES FOR PROJECT NO. 5042

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1, construction administration, Advanced Engineering, project No. 5042, 7 million gallon reservoir modifications, and recommended to approve Amendment No. 1 in the amount of $10,000 for a not to exceed max. of $25,000.

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

APPROVE PLANS AND SPECIFICATIONS FOR
WATERMAIN REPLACEMENT LOT, PROJECT NO.4973

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4973, watermain replacement loop on North 15th Street and 8th Avenue North (CDBG), and recommended to approve plans and specifications and authorization to advertise for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5071, WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5071, water tower at the Central Business District (CDBG eligible), and recommended to approve plans and specifications for the project.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5072, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5072, watermain on Gateway Drive from 42nd to 47th Streets and from 53rd to 55th Streets (CDBG eligible), and recommended to approve plans and specifications for this project.

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

APPROVE PLANS AND SPECIFICTIONS FOR PROJECT
NO. 5073, WATERMAIN
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5073, watermain on north Columbia Road from University Avenue to Gateway Drive (CDBG eligible), and recommended to approve plans and specifications for this project.

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

APPROVE PLANS AND SPECIFICTIONS FOR PROJECTS
NOS. 4981 AND 4982, REHABILITATE SANITARY PUMP
STATIONS #14 AND #15

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4981 and 4982, Rehabilitate Sanitary Pump Station #14 and #15 (CDBG eligible), and recommended to approve plans and specifications, and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4824.2, MILL AND OVERLAY STREETS CITY WIDE,
PHASE II

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4824.2, Mill and Overlay Streets City-wide Phase II (CDBG), and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5104, 2000 CONCRETE STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5104, 2000 concrete street repair (CDBG), and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5105, 2000 ASPHALT STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5105, 2000 asphalt street repair (CDBG), and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BID FOR PROJECT NO. 4971, WATER TOWER
LEVEL CONTROLS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4971, Water Tower Level Controls (CDBG eligible), and recommended to allow Sun Electric to withdraw their bid, and to accept the bids as follows: Mechanical contract, Moorhead Construction, $50,945.00; and Electrical contract, Samson Electric, $146,968.00.

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

ACCEPT BID FOR PROJECT NO. 4970, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4970, watermain on Columbia Road from DeMers to University Avenue and connection to UND water tower (CDBG), and recommended to accept the low bid of ICS in the amount of $476,404.00, contingent upon approval of Change Order No. 1.

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

APPROVE CHANGE ORDER NO. 1, WATERMAIN
PROJECT NO. 4970

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4970 watermain on Columbia Road (DeMers to University) and connection to UND water tower, Change Order #1 (CDBG), and recommended to approve Change Order #1 in the amount of $109,814.20 to Industrial Contract Services, contingent upon engineering department’s approval.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4806

Committee No. 3, Public Service, reported having considered the matter of change order for Project no. 4806, paving Mill Road from Gateway Drive to Highway 81, Change Order No. 1 (CDBG), Strata corporation, contractor, $759.46, and recommended to approve the change order.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 5028.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project no. 5028.1, Flood Mitigation Phase II, Change Order No. 3 (CDBG), Molstad Excavating, Inc., $33,500.00, and recommended to approve the change order.

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

APPROVE CHAGE ORDER FOR PROJECT NO. 5028.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5028.2, Flood Mitigation Phase III, C.O. No. 1 (CDBG), Wagner Construction, Inc., contractor, $39,300.00, and recommended to approve the change order in the amount of $39,300.00.

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

COUNCIL MEMBER LUNAK EXCUSED

ACCEPT BID FOR RENOVATION OF OIL RETRIEVAL
TRUCK

Committee No. 3, Public Service, reported having considered the matter of bids for renovation of oil retrieval truck, and recommended to accept bid of Hobbs, Inc. to renovate for $7,792.00 conditioned upon approval by the State DOT, and that if the State does not approve, to accept the approved design in the amount of$16,656.00.

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

Todd Feland, Public Works, reported that the DOT did not accept the design for the lower bid, and asked
that they approve the DOT accepted design in the amount of $16,656.00 to Hobbs, Inc.

It was moved by Council Member Hafner and seconded by Council Member Klave to amend the motion to accept the approved design by the Department of Transportation in the amount of $16,656.00 to Hobbs, Inc. Carried 12 votes affirmative.

Upon call for the question on the motion, as amended and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

COUNCIL MEMBER LUNAK REPORTED BACK

APPROVE MORTENSON CHAGE ORDERS TO CORPORATE
CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval to Corporate Center change orders to: Construction Engineers in the amount of $1,153; Construction Engineers in the amount of $1,668; McFarlane Sheet Metal in the amount of $136; and Hanson Electric in the amount of $7,829.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 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 approval to Cameo Homes in the amount of $46,306.36.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to Opp Construction in the amount o $20,300.

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

APPROVE SOUTH 3RD STREET PURCHASE AND
REDEVELOPMENT AGREEMENTS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street purchase and redevelopment agreements, and recommended approval.

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

CONSIDER MITIGATION AGREEMENT FOR
HISTORIC PROPERTIES ACQUIRED FOR PHOENIX
SCHOOL GREENSPACE