City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 7, 2000

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, February 7, 2000 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 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 welcomed Boy Scout Troop 20 from Calvary Lutheran Church, leader Rod Krause.

FLOOD REPORT

Ken Vein, city engineer, gave a brief synopsis of the Flood Update, and most significant thing they are talking about now is under the Technical Work Update, Corps of Engineers flood alignments that were in the last couple weeks and that this coming Wednesday at 5:00 p.m. there will be a meeting of the public with the Flood Protection Committee so that residents will have the option to voice their opinions directly to the Flood Protection Committee members, and on the 16th the Committee will make a final recommendation to the council for a February 22 decision. He stated that under the Project Financing, the President’s budget was announced at $13 million for the Grand Forks/East Grand Forks flood protection project, and was a line item in the budget. Information.

APPROVE MINUTES

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, October 4, 1999, October 18, 1999 and November 15, 1999, were presented and read. It was moved by Council Member Lucke and seconded by Council Member Klave that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3840, RELATING TO
REGISTRATION OF BICYCLES

An ordinance entitled “An ordinance repealing Article 16 of Chapter XXI and adopting a new Article 16 to Chapter XXI of the Grand Forks city Code relating to registration of bicycles”, which had been introduced and passed on its first reading on January 3, 2000, was printed and read for consideration on second reading and final passage.

Mr. Swanson, city attorney, stated that the ordinance draft that was sent back to the public safety committee and is not before the council did not contain substantive changes but did contain a number of language changes as proposed by his office, and as a result it would be appropriate that the council move to amend the first reading of the ordinance to incorporate the changes proposed by the city attorney’s office.

Committee No. 2, Public Safety, reported having considered the matter of the proposed ordinance repealing Article 16 of Chapter XXI and adopting a new Article 16 to Chapter XXI of the Grand Forks City Code relating to registration and licensing of bicycles, and recommended to approve the second reading of the ordinance relating to registration and licensing of bicycles incorporating changes as
proposed by the city attorney’s office.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved, and the ordinance amended. Carried 13 votes affirmative.

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

APPROVE APPLICATIONS FOR MOVING PERMITS
BY THE CITY OF GRAND FORKS FOR THE USE OF
SINGLE FAMILY DWELLINGS ON SEVERAL PROPERTIES

The city auditor reported that the notices of public hearing on the applications for moving permits by the City of Grand Forks for use as single family dwellings: a) to move building from 411 Pakenham Avenue to 1416 Chestnut Street; b) to move building from 1111 Lanark Avenue to 711 Cherry Street; c) to move building from 811 Almonte Avenue to 812 Almonte Avenue; d) to move building from 1113 Lanark Avenue to 1420 Chestnut Street, and e) to move building from 1 Lincoln Drive to 722 Walnut Street; 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.

Mike Grzadzieleski, 821 Cherry Street, asked what the City’s plans are to do with these properties, whether rented or sold; and stated that he is in the rental business. Meridith Richards, Urban Development, stated that the first four houses are being moved as part of the City’s historic mitigation agreement, the house at 1 Lincoln Drive is also an historic house that’s being moved a part of the flood protection project; all of the houses are single-family dwellings and the intent at this point is that they will do a request for proposals and they will be offered for sale to the public, that in the past there have been requests from the neighborhood to try to make these single-family owner occupied and that they contact the neighborhoods to try to see what their wishes are and will do the same when they get ready to resell these houses once they are relocated. Council Member Beyer stated this group happens to be in the historic mitigation agreement, and from there until the final dike is done and a policy is drafted about what to do with the rest of the properties that the City owns or will own in the near future unable to answer that at this time.

Mr. Swanson stated he needed to advise the council that under both state and federal law, the City would have no enforceable ability to require that the houses be owner-occupied, and would be unable to discriminate between owner-occupied homes and non-owner occupied homes, and cannot be a requirement nor can it be a review criteria.

Robert Frasier, 111 8th Avenue South, stated that in regard to the moving of the house from 811 Almonte to 812 Almonte, had a question as to time line, when these moves would take place and if there will be any resurveying of the property to determine the property lines of the lots that these houses are going to be moved onto. Ms. Richards stated that the first step is to get the permits approved, then will get the contract executed with the contractor and more permits involved to get foundations done but as soon as they can get everything in line, will begin, and that she has talked with Mr. Frasier and will make sure everything re. property lines in place before they begin.

Jim Allbrooks, 719 Cottonwood Street, stated he is concerned about all the unanswered questions, that the
City doesn’t know how many homes there are to be moved, and recommended that they wait until they know these answers before moving houses, not opposed if house is to be privately owned, but is opposed to the City owning property and renting it. Mr. Swanson stated that under ND law if a property is leased from a governmental entity for more than 11 months, there is a tax on a leasehold interest; and most of the leases that the City has entered into all have a provision for the pass through of the taxes and special assessments.

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

It was moved by Council Member Hafner and seconded by Council Member Beyer to declare insufficiency of protests. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move from 411 Pakenham Avenue to 1416 Chestnut Street to be used as a single-family dwelling.

Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand forks to move a building from 1111 Lanark Avenue to 711 Cherry Street to be used as single-family dwelling, and recommended approval.

Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move building from 811 Almonte Avenue to 812 Almonte Avenue to be used as single-family dwelling, and recommended approval.

Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move building from 1113 Lanark Avenue to 1420 Chestnut Street to be used as single-family dwelling, and recommended approval.

Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move building from 1 Lincoln Drive to 722 Walnut Street to be used as single-family dwelling, and recommended approval.

It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved, and that the City of Grand Forks is hereby authorized to move the buildings subject to meeting conditions established. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the investment reports for both December 31, 1999 and January 31, 2000. It was moved by Council Member Bakken and seconded by Council Member Carpenter to receive and file these reports. Carried 13 votes affirmative.
REPORT OF BOARD OF 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, January 20, 2000, that notice had been published as required and that the following appeals were heard: 1) Gary Christianson, Urban Development, request for variance to property at 109 North 3rd Street to the landscaping and paving requirements, and variance approved to allow 7 ft. of paving setback on the north side of the property in order to pave a parking lot, and further that the Board is concerned with the untimely request by the Urban Development Department regarding this item; 2) Wayne T. Kuzel, 3602 11th Avenue North, request for variance to the accessory building requirements in order to construct an accessory building, and variance approved to allow one foot second front yard setback in order to construct an addition to the existing storage shed of up to an additional 120 sq. ft.; and 3: Timothy and Lynette Boese, 2550 73rd Avenue South, request for variance to the accessory building requirements in order to construct an accessory building, variance allowed up to 2,400 sq.ft. of accessory building area in order to construct an accessory building.

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

APPROVE BILLS

Vendor Payment Listing No. 00-01, dated February 7, 2000, and totaling $4,699,251.91, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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.

APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 2004 DEMERS

Committee No. 1, Finance, reported having considered the application for exemption of improvements to property at 2004 DeMers Avenue, Black Gold Farms, and recommended approval of a three-year exemption on $15,000 for DeMers Avenue.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE RELEASE OF FUNDS TO UNIVERSITY
OF NORTH DAKOTA BUDGETED FOR RECRUITMENT
AND RETENTION PROGRAM

Committee No. 1, Finance, reported having considered the request by University of North Dakota for release of funds included in 2000 City budget for recruitment and retention program, and recommended to release $100,000 for University of North Dakota recruiting and retention efforts.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE JOB DESCRIPTION FOR ADMINISTRATIVE
COORDINATOR POSITION, AND APPROVE RECRUITMENT
AND SELECTION PROCESS

Committee No. 1, Finance, reported having considered the matter of job description for administrative
coordinator position, and recommended approval of job description for the administrative coordinator position with the changes discussed; and moved an amendment on the pay range to reflect $65,000-$90,000.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of approval of recruitment and selection strategy, and recommended to the Civil Service to use the process such as outlined by Mr. Gordon (March 31, 2000 - deadline for filing applications; April 3-7, 2000; screen applications and determine finalists; April 10-21 - do thorough background analysis; April 28 - oral interview; April 29 - oral presentation; May 8 - appointment of the successful finalist could be made by the mayor and city council).

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.

APPROVE IS STRUCTURE AND RELATED JOB CHANGES
AS PROPOSED

Committee No. 1, Finance, reported having considered the matter of restructuring of finance and administrative services, Information Services Division, and recommended to approve the IS structure and related job changes as proposed.

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.

CONSIDER UPDATE ON PARKING LOT FOR CITY HALL

Committee No. 1, Finance, reported having considered the matter of update on parking lot for City Hall, and recommended to hold on the sale of the North 5th Street lot indefinitely, to direct Mr. Carsen, City Assessor, to confirm the terms that were stated today on the sale of the North 4th Street lot with Mr. French, with the city attorney’s review of the agreement and forward the gravel allowance to the Board of Adjustments with a return to the finance committee.

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.

APPROVE ELECTION OFICIALS

Committee No. 1, Finance, reported having considered the matter of approval of election officials, and recommended approval of the election officials: Document No. 7916 - Listing.

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.

APPROVE FINANCE OF AERIAL PLATFORM TRUCK

Committee No. 1, Finance, reported having considered the matter of financing of aerial platform truck, and recommended to authorize prepayment of the aerial truck.

Committee No. 2, Public Service, reported having considered the matter of aerial platform truck, and recommended to authorize negotiations with Pierce for a platform truck in the amount of $615,151, equipment in the amount of $82,352.79 and to set aside $25,000 for the thermal imaging device for a total of $722,503.79 in CDBG funding subject to review by the city auditor and the mayor.

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

Fire Chief O’Neill stated these are two separate motions, that they had $800,000 set aside in CDBG funds and asked public safety for $82,000 for equipment on that truck and an additional $25,000 to be set aside for the thermal imaging device; and request to the finance committee was for prepayment to save $23,000 for the City by up-fronting the check.

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

APPROVE JOINT POWERS AGREEMENT FOR CONSTRUCTION
OF SOUTHEND DRAINWAY THROUGH GOLF COURSE

Committee No. 1, Finance, reported having considered the matter of joint powers agreement, Southend Drainway/Golf Course, and recommended to approve the Joint Powers Agreement for the southend Drainway/Golf Course as presented with the exemption that the dollar amount in Item 8 be $889,743 with a final draft prepared and sent to council members in the Friday packet.

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

Mr. Swanson stated that this joint powers agreement is different than previous agreement, and the effect of this agreement is that the southend drainway phase that would have been constructed by the City, was actually constructed by the Park District in conjunction with their design of the new golf course; that they bid the project, constructed it according to City’s specifications. He stated that the stormwater drainage would be considered an infrastructure but this is what we allowed to occur rather than the City doing it as a separate project, the Park District incorporated it.

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

APPROVE BUDGET AMENDMENTS

A request by the Assessing Office to transfer $1,692.00 from Cash Carryover to Furniture & Fixtures to allow purchase of four chairs for the office. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative, Council Member Brooks voting against the motion.

DEFEAT MATTER OF CHANGING SPEED LIMIT ON
42ND STREET

Committee No. 2, Public Safety, reported having considered the matter of report on speed limit on 42nd Street by The Aurora to increase speed back to 45 mph, and recommended to change the speed limit on South 42nd Street to 35 mph until the construction season begins.

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

It was noted that this matter came up because of truck traffic and was done by administration to reduce speed limit from 45 mph to 30 mph, and that it was the recommendation of the Mortenson Company and Police Department to leave this at 30 mph.

After some discussion and upon roll call vote, the following voted “aye”: Council Members Bakken, Hafner and Martinson - 3; voting “nay”: Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak Klave, Beyer, Babinchak, Brooks - 10. Mayor Owens declared the motion defeated.

APPROVE BUDGET AMENDMENTS

A request from the Police Department for transfer of $50,000.00 from cash carryover to be used to purchase vehicles, was presented and read.

A request from the Fire Department to approve budget amendment in the amount of $5,000 for instructor to present terrorism training to fire department personnel.

A request from the Health Department for transfer of $817.00 to reflect unanticipated CSCC Revenue to cover county office move-related office equipment.

It was moved by Council Member Martinson and seconded by Council Member Bakken that these transfers be approved.

Council Member Brooks moved for division of the questions; Council Member Lucke seconded the motion; and upon call for the question and upon voice vote, the motion failed.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Brooks voted against the motion.

APPROVE SUPPORT OF OPTION #1 OF COLUMBIA ROAD/
GATEWAY DRIVE CORRIDOR STUDY

Committee No. 3, Public Safety, reported having considered the matter of communication from Hal Gershman re. Columbia Road/Gateway Drive Corridor Study, and recommended to support Option #1 and forward to council and North Dakota Department of Transportation. (Option #1 gets traffic into the plaza without using the Happy Harry’s parking lot with egress through the parking lot or at a stoplight at Cambridge).

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 WATER DISTRIBUTION SYSTEM
TIE-WAY WATERMAIN, PROJECT NO. 4648.1

Committee No. 3, Public Service, reported having considered the matter of bids for water distribution system tie-way watermain, Project No. 4648.1, and recommended to approve the low bid of Swanberg Construction in the amount of $2,928,135.00 for Project No. 4648.1.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD BID FOR FINAL GEOTECHNICAL EXPLORATION
AND REPORT SERVICES, PROJECT NO. 4648.4

Committee No. 3, Public Service, reported having considered the matter of award of final geotechnical exploration and report services, Clearwell & Pumping Station, Project No. 4648.4, and recommended to approve the low bid of Zeltinger Geotechnical Engineering, P.S. in the amount of $8,920.00 for a depth of 160 feet for Project No. 4648.4.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE TAPPING DISTRICT AND ENGINEER’S
REPORT FOR PROJECT NO. 5136, DISTRICT NO. 271,
WATERLINE TO BALING FACILITY

Committee No. 3, Public Service, reported having considered the matter of tapping district for baling facility, watermain, Project No. 5136, District No. 271, and recommended approval of the Engineer’s Report, timetable and tapping district for Project No. 5136, District No. 271..

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 tapping district, which was presented and read: Document No. 7916.1 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 5136, (TAPPING) DISTRICT NO. 271

The city auditor presented and read the engineer’s report on Watermain Project No. 5136, District No. 271 (tapping district): Document No. 7916.2 - 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, WATERMAIN PROJECT NO. 5136,
DISTRICT NO. 271 (TAPPING DISTRICT)

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7916.3 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted.

APPROVE TAPPING DISTRICT AND ENGINEER’S
REPORT FOR PAVING PROJECT NO. 5145, DISTRICT NO.
579, TO BALING FACILITY

Committee No. 3, Public Service, reported having considered the matter of tapping districts for baling facility, road paving, Project No. 5145, District No. 579, and recommended approval of the Engineer’s
Report, timetable and tapping fee boundary for Project No. 5145.

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 tapping district, which was presented and read: Document No. 7916.4 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5145, (TAPPING) DISTRICT NO. 579

The city auditor presented and read the engineer’s report on Watermain Project No. 5136, District No. 271 (tapping district): Document No. 7916.5 - 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.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECTS NOS. 4809 AND 4811

Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendment, Amendment No. 3, design and bid phases, relocate Sanitary Lift Station #1 and relocate Sanitary Lift Station #5, Projects 4809 and 4811, CDBG, and recommended approval of Amendment No. 3 with Greater Forks Engineering Group in the amount of $61,722.24 for each of the two projects, Projects 4809 and 4811.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken,
Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, GREATER FORKS ENGINEERING GROUP
MULTIPLIER ADJUSTMENT

Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendments, Amendment No. 4, multiplier adjustment, general contract in-kind services, Greater Forks Engineering Group, and recommended approval of Amendment No. 4, Greater Forks engineering Group, multiplier adjustment for general contract in-kind services from 5% to 2%.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4769, RAW WATER INTAKE

Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendments, Amendment to raw water intake geotechnical contract with Shannon & Wilson for Project No. 4769, raw water intake, and recommended approval of the modifications to the Shannon & Wilson contract in the amount of $28,890 for Project No. 4769.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4822,
PUBLIC WORKS FACILITY RENOVATION

Committee No. 3, Public Service, reported having considered the matter of change orders for Public Works Facility Renovation, Project No. 4822, general construction, Diversified Contractors, and recommended to approve a deductive change order to Diversified Contractors in the amount of $25,425.00.

Committee No. 3, Public Service, reported having considered the matter of change orders, Public works Facility Renovation, Project No. 4822, electrical construction, Bergstrom Electric, and recommended to approve change orders to Bergstrom Electric in the amount of $2,799.

Committee No. 3, Public Service, reported having considered the matter of change orders, Public works Facility Renovation, Project No. 4822, mechanical construction, C.L. Linfoot, and recommended to approve change orders to C.L. Linfoot Company in the amount of $5,010.00.

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

APPROVE EASEMENTS FOR PROJECT NO. 5048

Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: temporary construction easements along 42nd Street for reconstruction of driveways to various properties: Heitmann property; Maier property; Hussey property; Rieger property; McEnroe property; Birkholz property; Danks/Camrud property; and Danks property; and recommended approval of the easements.

Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: temporary construction easements at various locations: Aurora access road through Danks property along west side of 42nd Street from University to DeMers Avenue, and recommended approval of the easements.

Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: permanent roadway and utility easements at various locations: along east side of 42nd Street from 11th Avenue northward; along east side of 42nd Street from DeMers Avenue northward; and along south side of 17th Avenue South from 38th Street westward; and recommended approval of the easements.
Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: permanent right of way and utility easement along south side of 17th Avenue South from 35th to 38th Street, and recommended approval of easements.

Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: permanent bikepath and walkway easements at various locations: along west side of 42nd Street at 1st Avenue North; and along north side of University Avenue and east of North 42nd Street; and recommended approval of easements.

Committee No. 3, Public Service, reported having considered the matter of various easements at various locations: permanent bikepath, walkway and utility easement along west side of 42nd Street from 11th to 8th Avenues South, and recommended approval of the easements.

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

APPROVE 3-WAY AGREEMENT FOR UTILITIES IN
COLUMBIA PARK 27TH ADDITION, OPPIDAN DEVELOPMENT

Committee No. 3, Public Service, reported having considered the matter of 3-way agreement for Projects Nos. 5131, 5132, 5133, 5134, sanitary sewer, watermain, storm sewer, and paving at Columbia Park 27th Addition (Oppidan), and recommended approval for the City to enter into a three-way agreement with Oppidan and their engineer.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE BNSF RAILROAD TO BEGIN PROCESS
FOR MODIFICATION OF CROSSING ON NORTH 42ND
STREET NEAR DEMERS AVENUE AND ON UNIVERSITY
AVENUE NEAR 42ND STREET, PROJECT NO. 5048

Committee No. 3, Public Service, reported having considered the matter of authorization to Burlington Northern Santa Fe Railroad to purchase materials for crossings on North 42nd Street near DeMers Avenue and on University Avenue near 42nd Street for Project No. 5048, and recommended approval for appropriate City officials to authorize BNSF Railroad to begin engineering and ordering materials with the understanding that a formal Construction and Maintenance Agreement will be executed when engineering and cost estimates have been finalized.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
PROJECT NO. 5048

Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction and Maintenance Agreement for Project No. 5048, paving South 42nd Street, and recommended approval to enter into Cost Participation, Construction, and Maintenance Agreements for Project No. 5048, 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO A COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
PROJECT NO. 4974

Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction, and Maintenance Agreement for Project No. 4974, Bikepath on 17th Avenue south from 25th to 35th Streets, and recommended approval to enter into Cost Participation, Construction and Maintenance Agreements for Project No. 4974, 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, Lucke, 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 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4806,
PAVING MILL ROAD

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements - Amendment No. 1 (extra work), KBM, Project No. 4806, paving Mill Road from Gateway Drive to Highway 81 (CDBG), and recommended approval of Amendment No. 1 (extra work) to KBM in the amount of $20,487.67 in CDBG funding for Project No. 4806.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 4 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5070,
REHABILITATE PUMP STATION NO. 13

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 4 (construction administration), CPS, Project No. 5070, Rehabilitate Pump Station No. 13 (CDBG), and recommended approval of Amendment No. 4 for construction administration, CPS, Project No. 5070, scope of work.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4663

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment no. 2 (extra work), CPS, Project No. 4663, secondary line of flood defense (CDBG), and recommended approval of Amendment No. 2 to CPS for an additional $15,000 in CDBG funding for Project No. 4663.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPOVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4988

Committee No, 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 4 (extra work), Greater Forks Engineering Group, Project No. 4988, South End Clay Borrow Sites (CDBG), and recommended approval of Amendment No. 4 to Greater Forks Engineering Group for an additional $12,000 in CDBG funding for Project No. 4988.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECTS NOS. 5015 AND 5028

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 5 (construction administration), Greater Forks Engineering Group, Projects Nos. 5015 and 5028, Flood Mitigation (CDBG), and recommended approval of Amendment No. 5 in the amount of $15,000 in CDBG funding to transfer from Project No. 5015 to Project No. 5028 to cover construction administration.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5048, DISTRICT NO. 563

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5048, District No. 563, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue South from 35th to 42nd Streets, and 11th Avenue South from 40th to 42nd Streets, and recommended tat we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member 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. 7917 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5048, DISTRICT NO. 563

The city auditor presented and read the engineer’s report on Paving Project No. 5048, District No. 563: Document No. 7918 - Resolution.

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 OF NECESSITY, PAVING
PROJECT NO. 5048, DISTRICT NO. 563

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7919 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
BIKEPATH REPAIR PROJECT NO. 5050, DISTRICT NO. 19

Committee No. 3, Public Service, reported having considered the matter of creating special assessment
district for Project No. 5050, District No. 19, bikepath repairs along the English Coulee from 22nd to 24th Avenue South, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member 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. 7920 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, BIKEPATH REPAIR
PROJECT NO. 5050, DISTRICT NO. 19

The city auditor presented and read the engineer’s report on Bikepath Repairs Project No. 5050, District No. 19: Document No. 7921 - Resolution.

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 OF NECESSITY, BIKEPATH REPAIRS
PROJECT NO. 5050, DISTRICT NO. 19

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7922 - 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT BID FOR WATERMAIN PROJECT NO. 5074

Committee No. 3, Public Service, reported having considered the matter of bids for Watermain Project No. 5074, watermain on North 42nd Street from University to 6th Avenue North (CDBG eligible), and recommended to return the Riley Bros. Utility Services Co. bid unopened because it did not acknowledge Addendums 1 and 2 on the outside of the envelope.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5074, watermain on North 42nd Street from University Avenue to 6th Avenue North (CDBG eligible), and recommended to award to the low bidder, Wagner Construction, Inc. in the amount of $336,782.50 in CDBG funding for Project No. 5074 since the bidder did submit a 5% bid bond contained in a separate envelope and that there were no material advantages gained by submission of a combined 5% bid bond versus separate 5% bid bonds. A non-material irregularity has been found in the bid and has been waived. It was moved to return the Rile Bros. utility Service Co. bid unopened because
it did not acknowledge Addendums 1 and 2 on the outside of the envelope.

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

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

AWARD BID FOR WATERMAIN PROJECT NO. 5081

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5081, watermain on 6th Avenue North from Columbia road to 42nd Street (CDBG eligible), and recommended to approve the low bid of Molstad excavating, Inc. in the amount of $890,550 in CDBG funding for Project No. 5081.

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, Lucke, 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 PAVING PROJECT
NO. 4807, DISTRICT NO. 564

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4807, District No. 564, paving South Washington Street from 40th to 47th Avenues South, Change Order No. 2, and recommended approval of Change Order No. 2 to Dakota Underground in the amount of $3,117.42.

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, Lucke, 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,
PAVING MILL ROAD

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 No. 81, Change Order No. 3 (CDBG), and recommended approval of Change Order No. 2 to Strata Corporation in the amount of $13,110.00 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 4757.2,
MILL AND OVERLAY DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4757.2, Mill and Overlay Downtown Streets, Change Order No. 1 ( CDBG), and recommended approval of Change Order No. 1 to Nodak Contracting in the amount of $31,794.40 of which 20% or $6,358.00 in CDBG funding will be required.

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, Lucke, 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. 4861
SANITARY SEWER RESTORATION AREA 1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4861, Sanitary Sewer Restoration Area 1, Change Order No. 3 (CDBG), and recommended approval of Change Order No. 3 to Molstad Excavating, Inc. in the amount of $39,500 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 4865,
SANITARY SEWER RESTORATION AREA 4

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4865, Sanitary Sewer Restoration Area 4, Change Order No. 4 (CDBG), and recommended approval of Change Order No. 4 to Molstad Excavating in the amount of $32,750.00 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 4886,
PAVING SOUTH COLUMBIA ROAD FROM 47TH TO
62ND AVENUES SOUTH
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4886, paving South Columbia Road from 47th to 62nd Avenues South, Change Order No. 3, and recommended approval of Change Order No. 3 to Nodak Contracting in the amount of $410.00.

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, Lucke, 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. 5015,
FLOOD MITIGATION PHASE 1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No.
5015, Flood Mitigation Phase 1, Change Order No. 8 (CDBG), and recommended approval of Change Order No. 8 to Nodak Contracting in the amount of $165,308.74 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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,
FLOOD MITIGATION PHASE II

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. 5 (CDBG), and recommended approval of Change Order No. 5 to Molstad Excavating in the amount of $2,800.00 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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,
FLOOD MITIGATION PHASE II

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. 6 (CDBG), and recommended approval of Change Order No. 6 to Molstad Excavating in the amount of $53,127.50 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 5028.2,
FLOOD MITIGATION PHASE III

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5028.2, Flood Mitigation Phase III, Change Order No. 2 (CDBG), and recommended approval of Change Order No. 2 to Wagner Construction in the amount of $3,290.00 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 5104,
2000 CONCRETE STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5104, 2000 Concrete Street Repair, Change Order No. 1 (CDBG), and recommended approval of Change Order No. 1 to Tony Anderson Construction in the amount of $13,975.00 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 5105,
2000 ASPHALT STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5105, 2000 Asphalt Street Repair, Change Order No. 1 (CDBG), and recommended approval of Change Order No. 1 to Valley Contracting in the amount o $33,010 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 4875,
STORM SEWER ON COLUMBIA ROAD FROM 40TH
TO 47TH AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4875, storm sewer on Columbia Road from 40th to 47th Avenues South, Change Order No. 3, and recommended approval of Change Order No. 3 to United Crane and Excavation in the amount of $3,150.00.

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, Lucke, 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. 4824.1,
MILL AND OVERLAY STREETS CITY WIDE PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4824.1, Mill and Overlay Streets City Wide Phase 1, Change Order No. 1 (CDBG), and recommended approval of Change Order No. 1 to Nodak Contracting in the amount of $100,159.00 in CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, 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. 4824.2,
MILL AND OVERLAY STREETS CITY WIDE PHASE II

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4824.2, Mill and Overlay Streets city Wide Phase II, Change Order No. 1 (CDBG), and recommended approval of Change Order No. 1 to White Properties, Inc. in the amount of $100,816.00 in CDBG funding.

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

APPROVE CHANGE IN USE OF CDBG FUNDS BY
DAKOTA SCIENCE CENTER

Committee No. 4, Urban Development, reported having considered the matter of request for change in use of CDBG funds by Dakota Science Center, and recommended approval to change the use of $7,000 CDBG BOSS funds awarded to the Dakota Science Center to bricks and mortar.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PUBLIC ART PROGRAM BUDGET

Committee No. 4, Urban Development, reported having considered the matter of selection of works for Public Art Program, and recommended approval of the Public Art budget in the amount of $239,000, which is from the original DDC budget.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PURCHASE AGREEMENT FOR OGIER
PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of the Ogier properties purchase agreement, and recommended approval of the Ogier Properties purchase agreement (purchase of property at 319 and 323 DeMers Avenue from Grand Forks Growth Fund, Jobs Development Authority for and in consideration of the sum of $20,000 plus actual cost of demolition and filling the site, such cost not to exceed $110,208.00).

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, Lucke, 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 DOWNTOWN STREET-
SCAPE

Committee No. 4, Urban Development, reported having considered the matter of Downtown Streetscape Change Order No. 2, and recommended approval of Change Order No. 2 to Nodak Contracting in the amount of $4,094.50 of CDBG funding.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

DENY REQUEST FOR RELOCATION VOUCHER FROM
ARNOLD PASSA

Committee No. 4, Urban Development, reported having considered the matter of request for relocation voucher from Arnold Passa, and recommended to deny the request for a relocation voucher from Arnold Passa.

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

Council Member Lunak asked for an explanation on this matter. Terry Hanson, Urban Development, reported that this program ended April 30, 1999 and in June of 1999, Mr. Passa asked for an extension for his voucher and he was granted an extension provided he brought to the committee a copy of a construction contract for a new home by June 30, that they forwarded him that information in a letter but he did not respond and we did not hear from him until in January when the Info. Center received a letter asking for his voucher to be reconsidered. Mr. Hanson stated that his recommendation would be not to approve it because the deadline was set for all residents of the city, he was given an extension and did not follow through; neither did he attend the last committee meeting. Mr. Swanson stated that under the scenario described that he was purchasing a lot in the dike line to move to his existing lot, would not qualify under the program guidelines for the voucher; and also that all of the other requests for extension have been denied on a similar category and did not have either a purchase contract or a construction contract, and would have concern if council were to alter it’s position on this application after having denied previously requested extensions. Mr. Swanson stated that whatever criteria you establish, have to equally apply - would not be able to take on a case by case basis based upon the circumstances on a particular family, and if inclined to grant an exception under same circumstances, then must advise you that you need to re-evaluate and reconsider those you have denied since the 30th of April, 1999.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Members Martinson and Lunak voting against the motion.

CONSIDER MATTER OF BIDS FOR TOWN SQUARE

Mike Maidenberg, Chair of the DDC, stated that the Town Square is the crowning jewel of the new downtown and the support of this body has been so important, that they think of the Town Square as a focal point of the entire community, and the Town Square is a place which will be enjoyed for what it can uniquely offer to citizens of Grand Forks and to all visitors who want to see how far we have come since the flood and fire of 1997. He stated that the Town Square is on the southeast corner of 3rd and DeMers, adjacent to the dike and the greenway and situated directly across from East Grand Forks; that it is a four-season square with a farmers’ market, playgrounds, outdoor entertainment and ice skating in the winter. He stated that the DDC has spent many months on this project and worked with local architectural firm, Widseth, Smith and Nolting, and with one of the region’s top landscape architects, Dick Rose.

Don Olson, member of the Downtown Development Commission, stated that a Town Square has always been an important part of the initial plans that were developed for downtown; and introduced Mr. Rose of Bemidji, MN who is a landscape engineer with vast experience in the city of Winnipeg and also Bemidji.

Dick Rose stated he has between 25-30 years experience, that he did some major work in Winnipeg, and
stated that they are working on a design that not only creates a better looking environment but also helps with long term plans to redevelop the downtown. He stated that the plan that council will see is based on information as programmed and have tried to put substance to those ideas. A video presentation was made of the site plan, drawings, etc of the area.

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers, and recommended approval of the cost matrix budget transfers.

Committee No. 4, Urban Development, reported having considered the matter of bids for Town Square, and recommended to approve the award to Baukol Builders with the low base bid of $665,770.00 and the alternates for a total of $1,077,970.00.

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

Council Member Hamerlik questioned who will maintain the Square. Mr. Maidenberg stated they had had discussions with the Park District and they have indicated interest in working on maintaining the
Town Square, but haven’t finalized anything with the Park District.

Council Member Hamerlik stated that he had one concern, that when they received the material re. the matrix, the $204,000 is a rescheduling of certain line items and left over money from unexpended line items and asked if the $204,000 could be reduced in some way, and save additional funds for infrastructure. Joe Scheving, Urban Development, stated that to put this Town Square together in the full package they would need additional funding, and what they have here is a proposal. He stated these projects that are being reduced to fund the Town Square are not being discounted, nor shortened in any way, that these are projects/programs that are at the near stage of finishing and over-funded. Council Member Beyer reported that of the $204,000, $70,000 was in the DDC’s original budget (used to expedite some of the downtown streetscape, curb and gutter, and which Engineering will give back), then down to $134,000 difference. She stated that the bids came in high and were told they wouldn’t be given a building permit if did not have ADA accessible bathrooms, which came to $85,500, for which they hadn’t budgeted and will be taken out of future entitlement money; and donated money for the playground, and asking for the remaining funding to finish the Town Square.

There were some questions re. maintenance cost; John Staley, Park District, stated they haven’t analyzed that. Mr. Maidenberg stated maintenance is important and something that will need to be addressed out of a budget of the Downtown Development Authority or whatever group succeeds the DDC and is a responsibility that will be met.

After further discussion and upon call for the question on the matter of the cost matrix, and upon roll call vote, the following voted “aye”: Council Members Glassheim, Carpenter, Klave, Beyer, Bakken, Hafner, Hamerlik, Bouley - 8; voting “nay”: Council Members Lunak, Babinchak, Martinson, Brooks, Lucke - 5. Mayor Owens declared the motion carried.

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

ACCEPT PETITION TO VACATE PORTION OF 20-FOOT
WIDE EAST/WEST BIKEWAY/WALKWAY EASEMENT IN
MEDVUE ESTATES SIXTH RESUBDIVFISION

The Planning and Zoning Commission reported having considered the matter of a petition from Fairewood Estates Townhome Association for approval to vacate all that portion of a 20-foot wide east/west bikeway/walkway easement shown and identified in Lot E, Block 1 of a Replat of Lot 1, Block 1, Medvue Estates 6th Resubdivision and shown and identified in Lots K and P, Block 1, of a Replat of Lots 2 and 3, Block 1, Medvue Estates Sixth Resubdivision to the city of Grand Forks, North Dakota (located between South Columbia Road and the English Coulee and between Knight Drive and 17th Avenue South), and recommended approval of the vacation request and to set the date of the public hearing for April 3, 2000.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF USELDINGER’S FIRST ADDITION
The Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Guy Useldingder for preliminary approval of a plat of Useldinger’s First Addition to Grand Forks, North Dakota, being part of the Southeast Quarter of the Southeast Quarter of Section 31, Township 151 North, Range 50 West of the 5th Principal Meridian and including a request for a variance of the subdivision regulations, Section 18-0207(6), pertaining to minimum lot size, in an A-2 (Agricultural Reserve) District (located in the 12th block or mile of 12th Avenue Northeast (also referred to as Merrifield Road or County Highway 6) based on County or 911 addressing), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for March 6, 2000.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Useldinger’s First Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE THE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF AUDITOR’S SUBDIVISION NO. 31

The Planning and Zoning Commission reported having considered the request from Advanced Engineering on behalf of Johnson Farms for preliminary approval of a plat of Auditor’s Subdivision No. 31 to the city of Grand forks, North Dakota, being a portion of the NE Quarter and the NE Quarter of the SE Quarter of Section 12, T151N, R51W of the 5th Principal Meridian (located east of South 58th Street between DeMers Avenue and 11th Avenue south), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for March 6, 2000.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor’s Subdivision No. 31 to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO LAND
DEVELOPMENT CODE, CHAPTER XVIII, AMENDING
ARTICLE II AND ARTICLE III

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks Planning Department for preliminary approval of an ordinance to amend the Land Development code, Rules and Definitions, Section 18-0204(2) Signs, Section 18-0301(9); Appendix F; to permit business landmark signs, and recommended preliminary approval of the ordinance amending the text of the Land Development code, to introduce the ordinance and to set the date of the public hearing for March 6, 2000.

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

Council Member Hafner introduced 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 and Article III”, which was presented, read and passed on its first reading.

APPROVE CONTRACT WITH EAST GRAND FORKS FOR
BUS SERVICE FOR 2000

The Bus Committee reported having considered the matter of approval of East Grand Forks contract for 2000, and recommended approval.

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

APPROVE CONTRACT WITH UNIVERSITY OF NORTH
DAKOTA FOR BUS SERVICE FOR 2000

The Bus Committee reported having considered the matter of approval of University of North Dakota contract for 2000, and recommended approval.

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

AUTHORIZE MPO TO STUDY NEW ROUTE SYSTEM
AND FUTURE CONTRACT INITIATIVES WITH UND

The Bus Committee reported having considered the matter of approval of motion for MPO to study a new route system and future contract initiatives with UND Transportation Services, 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 APPLYING FOR FY 2000 GRANT, AND
SET PUBLIC HEARING FOR FEBRUARY 16, 2000

The Bus Committee reported having considered the matter of approval of motion to apply for FY 2000 5307 Grant and to set a public hearing for February 16, 2000, 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 BUILDING ALTERNATES FOR EVENTS
CENTER

The Events Center Core Committee reported having considered the matter of building alternates. and recommended approval of adding the following alternates to the building in this order: concession equipment for $807,962; the terrazzo for $28,000; the interior seat platforms for $130,000; the miscellaneous soffits and enclosures for $100,000; staining the exterior precast for $70,000; and painting the mechanical/electrical/ductwork in the bowl for $40,000 - with a not to exceed amount of $1,200,652 for all the alternates combined.

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

REPORT ON CHANGE ORDERS

The city auditor presented the listing of CIN Log for the Events Center, which was presented for review by the city council.

REFER MATTER OF NORTHERN PACIFIC BRIDGE
HISTORIC MITIGATION BACK TO COMMITTEE

The Flood Protection Committee reported having considered the matter of Northern Pacific Railroad Bridge Historic Mitigation, and recommended that the mitigation of the NP Bridge with Option B2 (relocation of the part of the center pier as an outdoor exhibit).

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

Lonnie Winrich stated that the council should be aware that the Corps of Engineers has distributed a revised draft of the mitigation agreement and that the item B-2, which is referenced in the motion before you is no longer part of that agreement; the draft agreement that now exists only contains item B-1, which is leaving the center pier in place, and on behalf of the Historic Preservation Commission he has also been working to try to address some of the concerns that were expressed at the Flood Response Committee, that he talked with ND SHPO Office, with representatives from the Minnesota DNR and East Grand Forks and also presented some information to the DDC, that there seems to be developing a general consensus that if the center pier for the bridge is going to stay in place, that the appropriate thing to do is to incorporate into the mitigation and historic interpretation of that center pier some new bridge that would use the center pier for support and provide for direct viewing of the mechanisms, etc. that will be preserved. The Corps of Engineers has indicated that they would not necessarily oppose a provision to build one of the three bridges that are planned for the Greenway in that location and incorporate the center pier into the support of that. He stated he is trying to get that provision worked into the mitigation agreement and possibly incorporate that into the plan. He stated that the motion before council addresses an obsolete version of the draft mitigation agreement and on behalf of the Historic Preservation Commission they are trying to address the concerns that were expressed at the Flood Response Committee, and requested that you refer this matter back to committee so that the final mitigation agreement can be considered there before it comes to the council for a vote.

Council Member Carpenter stated that the intent of Flood Protection with the B-2 alternative is that the center pier disappears, which is what they have stated many times, that the Corps has said by taking out the cross part, etc. it takes away most of the flood impact, that the center pier has little impact, and that they’ve voted many times to get rid of it and should and that was the intent of B-2, and that if it comes back to Flood Protection, the idea was that the final draft would also come back, but they wanted to be on
record as supporting getting rid of it.

Mike Maidenberg, DDC, stated that their position was the same as the council’s position, which is that if it holds back water and is a flood hazard, then it’s not worth saving as a bridge; that when they heard there was a possibility that they could replace a pedestrian bridge which would not hold back flooding and high enough to use the center pier and if through mitigation that could be achieved, then maybe the center pier part is worth looking at.

Mr. Winrich stated that the Historic Preservation Commission is really in the same position as council is on this particular agreement, that they are asked to sign it as a concurring party, and they have no authority to stop the agreement, that’s between the Corps of Engineers and the two Historic Preservation Offices, that he has been trying to work on behalf of the Historic Preservation Commission to address the concerns that were expressed at the Flood Response Committee, and those concerns were that what was being proposed there was not adequate mitigation.

Council Members Glassheim and Carpenter asked that this matter go back to the Flood Protection Committee for further consideration.

AUTHORIZE ENTERING INTO AGREEMENT WITH BARR
ENGINEERING RE. SOUTHEND ALIGNMENT

The Flood Protection Committee reported having considered the matter of southend alignment, and recommended to authorize proper City officials to enter into an agreement with Barr Engineering to perform the following tasks” 1) additional evaluations and modifications to the “blue line” alternative in the amount of $18,000; 2) modifications to the “yellow line” alternative in the amount of $3,000; 3) additional geotechnical evaluations of the “yellow line” alternative in the amount of $32,000; and 4) modification of the “blue line” to be on the county road in the amount of $2,000 for a not to exceed total of $55,000 with a two-thirds City cost share and one-third County cost share.

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

Kevin Pierce, East Lake Estates, and committee member for East Lake Estates, stated that residents in
East Lake Estates are opposed to the “blue line” and do not want a study of the “blue line” because they do not want the dike, and study would be a waste of money; and that they are looking at it as a forestep into forcing something on them and would rather that they spend that money on some other alternatives - basin-wide or for the whole region. He stated that there are some people west of the Coulee in the L & S Division that would like to have some diking, and requested that they drop the “blue line” as dike would disrupt the area they live in.

Council Member Hafner stated that the attempt to study this area is to determine whether there is a hydraulic reason why it can’t be built, and may turn out that way, and there is possibility that hydraulics alone will eliminate the “blue line” but unless they study it, won’t know, and nobody at this point is intending to force a dike on anybody, but should study and find out what the possibilities are. Council Member Carpenter stated that the “yellow line” could protect L & S who does want protection, but may not work and the only alternative to protect them may be the “blue line”, but that may not work, and need information to make decisions.

COUNCIL MEMBER LUNAK EXCUSED

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

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: CDBG Monthly Estimate Summary for $1,203,588.86; Flood Estimate Summary, $20,328.10; Regular Estimate
Summary, $4,424,425.34; for a total amount of $5,648,342.30.

It was moved by Council Member Carpenter and seconded by Council Member Hafner 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, Lucke, 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 CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineering certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Sewer Project No. 4836; Sewer Project No. 4844; Watermain Project No. 4878; Sewer Project No. 4894; Watermain Project No. 4972; Sewer Project No. 4752, Upgrade Lift Station #9 and #11; Paving Project No. 4795, District No. 556; Sidewalk Project No. 4907; Project No. 4908, 1999 Concrete Street Repairs; and Project No. 4909, 1999 Asphalt Street Repairs.

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

MATTER OF CORRECTION OF SPECIAL ELECTION
BALLOT LANGUAGE

Mr. Swanson reported that a Memorandum had been sent out from his office as well as a proposed draft of an amended resolution and a proposed draft of the corrected ballot language, that he had previously identified the error that he made in drafting that language and has suggested the alternatives available to you.
There was some discussion relative to absentee ballots, that if the language re-drafted, what was effect on those ballots. Mr. Swanson stated that their plan would be for the 17 ballots that have been received, his office will attempt to locate those people, whether by mail or telephone, and provide them with a corrected ballot to cast; and what effect those ballots may have depending on how they voted on that particular issue or if they voted on an issue, it may be moot, but at this point can’t pre-suppose that those ballots are invalid in any respect. He stated that the language in the ballot as it now exists is not ambiguous, however, it is at odds of a motion that was made and passed on the council floor, and to that extent the ballot does not reflect prior action that the council took, the detail that relates to the transition if a 10-member body is approved and the transition would occur after the year 2002. He stated it would be his recommendation that the ballot should legitimately follow and reflect the action that the council took and not the error that the city attorney made.

Lonnie Winrich stated that he finds the explanation of what votes mean on the sample ballot to be rather inadequate, and is merely a dictionary definition of the words “yes” and “no”, and doesn’t explain the matter, and this seems to be particularly inadequate with respect to Question 2, and since you are planning to reprint the ballot, would it be possible to provide more of an explanation of the implications of Question 2 on the ballot.

Mr. Swanson stated that the explanations that they’ve included are consistent with all prior elections and are consistent with the standard instructions provided by the North Dakota Secretary of State’s Office; and the intent of what a “yes” vote means and a “no” vote means has never included a substantive evaluation of the merits of the item being related to or voted on, could be done but is not typical, and that is a matter for the council and in his opinion is not an error or mistake.

The city auditor reported that the cost to reprint the ballots will be $4200 for the 15,000 ballots; that he talked to the printing company and they do not recommend doing a stick on because using an automatic counting machine, and if reprint the ballot guarantee a two-day turnaround, and if go to the label size they are talking two weeks or more.

Council Member Carpenter moved that we adopt the amended resolution and that we reprint the ballots. Document No. 7923 - Resolution. Council Member Hafner seconded the motion. Upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: Council Member Lucke - 1. Mayor Owens declared the motion carried.

MATTER OF PUBLIC HEARING ON CDBG PROGRAM
AMENDMENT

The city auditor presented the matter of a public hearing on CDBG Program amendment for the Valley Memorial loan; that notice was published calling for the public hearing this evening on the proposed amendment to the 1999 Annual Action Plan for the use of HUD funds, and to allocate $250,000 of program income for a new activity and provide a no-interest bridge loan to Valley Memorial Foundation with repayment due by July 1, 2000.

Mayor Owens called for a public hearing on the matter of the amendment to the 1999 CDBG Entitlement Program relative to a loan to Valley Memorial. There were no comments.

It was moved by Council Member Babinchak and seconded by Council Member Beyer to close the public hearing and to approve an amendment to the CDBG Consolidated Plan. Carried 13 votes affirmative.

BRIEFING RE. BUSINESS ASSISTANCE PROGRAM
FOR SPECIAL MEETING ON FEBRURAY 10, 2000

Council Member Hamerlik asked that council review information prior to the special meeting on Thursday evening relative to the Small Business Assistance Loan Program; that in 1998 that Program had about $2 million allocated from CDBG money and $250,000 was taken from that for the Work Program. He stated there were 166 applications that either were started or were partially completed out, some withdrawn and some not funded; that in September/October 1999 when this body allocated $875,000 for a similar program, it was determined that they should use basically the same guidelines for those who applied and committee took it under consideration and felt that all 166 should have that opportunity even though some of them did not complete the form; that of the 166, 96 applications were received by Urban Development, that they had a new application and asked the information to be updated and that the Committee consisting of himself, Council Members Brooks and Martinson, had all the information from Phase I and with the help of the City staff; that they reviewed each application at least twice and came to a unanimous decision. He briefly reviewed the Program which is a 15-year loan, zero percent interest, payment of loan made after 5 years, and if operational after 3 years, 40% of the loan is forgiven and a penalty clause if they go into default, and criteria used to make determinations. He stated that several will be before them at the special council meeting on Thursday evening.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Glassheim stated he had previous asked whether the city council could get together to do some prioritizing in a retreat, and some comments that this perhaps shouldn’t be done because there is an election in June, that he thinks this should be a regular program every January to prioritize the year’s work, work plan, etc. and helpful to themselves and to the citizens. The matter was referred to the finance committee for consideration.
2) Council Member Lucke stated he would like to refer to Urban Development the possibility of making the tape of the November 12 Amazon.con meeting available to the public. Mr. Swanson stated that he rendered an opinion two weeks ago that except for any materials that would contain proprietary marketing type information from the client, that the tapes of the meetings, the handouts of the meetings, the proposals, etc. are all public information.
3) Mr. Swanson stated that if they were aware of anyone who has cast an absentee ballot, and know of their location, that information could be provided to the city attorney’s office and they will try to contact those people.
4) Council Member Bakken reported they received information on taxes in cities in North Dakota, and we always say we haven’t raised the mill levy or the taxes, but that if we say property increases in value 2 to 4% and tax that, still raising taxes; and we will have to look at that and figure some way to put a cap on this or stop values from increasing every year or to lower mill levy to adjust for inflation, or perform less services, and are getting to the point where need to do some basic governing,

ESTABLISH JOINT SUBCOMMITTEE RE POLICY ISSUES

Committee No. 4, Urban Development, reported having considered the matter of policy issues, and recommended to establish a joint council and staff subcommittee made up of Howard Swanson, city attorney; Ken Vein, city engineer; John O’Leary, director of urban development office; Council Member Beyer, and members of the Flood Protection Committee to be amended on the council floor with other
members who wish to serve.

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

Council Member Hamerlik stated that this is a policy devising committee, and that it should consist of council members, but that any staff members could or should be present.

Council Member Beyer explained why she wanted a committee - it was to get some of the housing that Urban Development now manages, some of the houses that Engineering has because of dike line purchase, and that many of those properties fall in her ward, and that this committee is going to draft policy but wanted to have those involved in managing those properties and the city attorney for legal opinions to be a part of that; and would see any recommendations from this committee go to the Flood Protection Committee to bring to the council. Council Member Hafner stated this is a fact-finding group that would refer or report to the Flood Protection for action.

It was moved by Council Member Beyer to amend the motion to include the city assessor, the city auditor and Council Member Bouley. Council Member Glassheim seconded the motion. Carried 13 votes affirmative. Council Member Beyer asked Meridith Richards to be the coordinator for the subcommittee.
Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.

ADJOURN

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do now adjourn until Tuesday, February 22, 2000, at 7:30 o’clock p.m. Carried 13 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor