City of Grand Forks, North Dakota

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17195
September 5, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 5, 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 Tuesday, September 5, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14.

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

SUSPEND AGENDA TO CONSIDER THE 2001
PRELIMINARY BUDGET, AND ADOPT PRELIMINARY
BUDGET FOR 2001

It was moved by Council Member Hamerlik and seconded by Council Member Martinson to suspend the agenda and consider the matter of the 2001 Preliminary Budget. Carried 14 votes affirmative.

The preliminary budget for the fiscal year ending December 31, 2001 was presented to the city council, copies of the proposed preliminary budget had been delivered to all members of the city council.

Council Member Lunak questioned whether the number of hiring of 24 employees and whether they were to be temporary or permanent. The city auditor stated that those are all in the temporary category pending council’s decisions as they look at 2002 and whether they should be moved into classified, and believes that in the area of the wastewater treatment where there are 6.5 or 7 full-time equivalents placed in there to run the mechanical treatment system for wastewater, would end up permanent and the rest would have to make decisions on as they go along.

Council Member Lunak moved reduce the number of employees in the Information Center to one to run the web and TV broadcasting. Council Member Burke seconded the motion.

Kevin Dean, Information Center, stated that they have found to this point that it takes two people to run the cameras and the character generator that we have to get the information out on the air. Rick Duquette, mayor’s assistant, stated he would encourage retaining this service for the next year, that they have looked into the mechanical operation of the process plus the services they are providing and will report back during the next year.

It was moved by Council Member Hamerlik as a substitute motion to approve first reading of the 2001 budget as presented by the mayor except any of the amendments that were passed by the Committee of the Whole and to request the mayor submit to the council for final vote of the budget a budget that reduces the 2001 General Fund expenditures by $220,000, which is an opportunity to scrutinize budget items that are new in the General Fund budget for 2001.

Howard Swanson, city attorney, reported that generally the procedure of the council is not to allow substitute motions, but rather to allow amendment by substitution, that originally the city auditor was to read the initial recommendation from the Committee of the Whole, which would have incorporated the bulk of Council Member Hamerlik’s motion, but not the latter portion regarding the reduction in mills, that in order to keep the minutes and procedures straight, it may be best to take first action upon the motion that Council Member Lunak made and then act upon the recommendation from Committee of the Whole with any amendments council may wish to make.

Council Member Glassheim requested additional information on the services of the Info Center. Mr. Dean stated that the Public Information Center was created shortly after the flood in 1997, there have been a number of things that the Public Information Center has created and continued to run since that time including monthly newsletter with information which is distributed to over 20,000 households by direct mail in the city and has moved into a forum of letting people know what is coming up and what is happening in Grand Forks with city government and is a direct communication link between city government and the people of Grand Forks; as well as maintaining the City’s web site on a daily basis.

Upon call for the question on the motion by Council Member Lunak and Burke to reduce the number of employees in the Information Center to 1 person; and upon voice vote the motion failed.

The Committee of the Whole reported having considered the matter of the 2001 budget and recommended to approve the preliminary budget for 2001 as amended at the committee of the whole of August 31, 2000. The motion was moved by Council Member Gershman and seconded by Council Member Brooks.

Council Member Hamerlik moved to amend the motion that we request the mayor to submit to the city council for final vote a budget that reduces the 2001 General Fund expenditure by $220,000 (approx. 2 mills) with specific scrutiny of the budget items that are new in the General Fund budget for 2001. Council Member Christensen seconded the motion.

Council Member Hamerlik explained his motion, that they are not reducing the budget per se but actually adding on in many ways to the budget, when they add the positions that Council Member Lunak talked about, and suggested giving the mayor and staff the opportunity to come back in and tell us how to reduce it by 2 mills (which is $162,000, but they are over the 10 mills by virtue of the motion that they passed re. to the bus, which was $58,000, which would bring this to $220,000.

After considerable discussion and upon call for the question and upon voice vote, the motion was defeated.

The city auditor stated that he needs to ask for an amendment as there is a limitation on what the City can levy for animal control and asked that they delete one-quarter mill from Animal Control and allow them to increase the General Fund a quarter mill, and then transfer $20,282 from the General Fund to the Animal Control using some of their fees that we collect to do that. It was moved by Council Member Martinson and seconded by Council Member Kreun to amend the budget as requested. Carried 14 votes affirmative.

After further discussion and upon call for the question on the original motion to approve the preliminary budget for 2001 as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Martinson - 12; voting “nay”: Council Members Babinchak, Bakken - 2. Mayor Brown declared the motion carried.

FLOOD REPORT

Ken Vein, city engineer, briefly reviewed information included in the Flood Report. He stated that under Technical Work Update, Corps of Engineers, the Corps is continuing their work on the alignment design memorandum, and that they should have this within 2 weeks; and that the Corps has negotiated a contract with Stanley Consultants to design the first reaches of the levee project, and they have been negotiating with them for the design of the community green, at est. cost between $30 and $50,000, and they have negotiated that for $21,000 and were able to stay under the original estimate. He stated another item has to do with the removal of the pedestrian bridge, TEK Contractors were to start mobilizing on that today, but did not, that the Corps of Engineers is administering that contract, and unable to give firm date or time when they will be here. He stated that the Corps is preparing for demolition of various facilities to take place this fall with demolitions occurring about October 1 and there are a number of properties that we are giving to them that we will continue to follow through to have demolition take place for levee construction next year. He stated that bids for Lift Station #1 and #5 will be opened on September 22 and those projects will have to be approved by city council. He reported that under the Interim Flood Protection Plans, they are pre-stock piling some dirt at the Campbell site, that the City purchased that site a couple years ago and now making sure they have adequate dirt there should they need it for emergency basis next year or the following years, or if need be will use that for construction of the permanent flood protection project. He stated there are some various locations where they will be doing some of the demolitions where constructing more interim levees in those locations. He reviewed some of the upcoming meetings: on September 7 at 7:00 p.m. FEMA Remapping Issues will be held in council chambers in City Hall; and on September 12 at 11:00 a.m. the Greenway Alliance meeting at the Comfort Inn in East Grand Forks. He also reminded the council that there is a description of that in the information that has been forwarded to the council members.

Mr. Vein reported that the permanent line for the dike will come out with the final alignment design memorandum in two weeks; that they don’t envision a lot of changes; however, with detailed plans there could be some minor fluctuations.

Council Member Christensen stated he didn’t know when they were going to start construction of the dike in the southend, that he understands that is Phase I, and asked where they were going to start the dike, and residents don’t know where and when. Mr. Vein stated he will get information that goes through the current plan to sequencing for the next 5 years; Council Member Christensen suggested that they have the Information Center get chart, timetable and map in the newspaper so public knows. Mayor Brown noted that the Office of Public Information was charged at their last meeting to put that on the web site.

Council Member Gershman asked whether the Corps was to get an opinion from the firm that was to remove the bridge as to how much it would cost to hold their contract, and asked whether the Corps would need a formal action of the council to ask that question. Mr. Vein reported that information is coming through the public service committee recommendation.

Council Member Christensen reported he had received copy of a communication from an attorney in Minneapolis who represents several people in the Elmwood area, who are subject to imminent domain, and that there’s an issue of comparable housing, whether or not there is comparable housing available for these people but he believes we cannot take these people from their homes until a comparable home has been provided them, and thinks this is a crucial issue that has to be resolved prior to starting construction in the spring of 2001. Mr. Vein stated they know there are some problems ahead of them before they get started and have been working with Mr. Swanson relative to the legal issues about the acquisition of any of the individual properties and home, and are starting the first phase in areas that are relatively easy, that there are not as many properties to acquire under the first phase as there will be under the second phase, and if do have a problem there are other portions they will put their efforts toward and make sure they still continue with the first phase. He noted that when they talked about the initial sequencing, there’s a possibility that some of that could change.

APPROVE MINUTES

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, August 7, 2000 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Babinchak that these minutes be approved as read. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3855.1 RELATING TO THE
ISSUANCE OF RESERVE REVENUE BONDS TO
FINANCE ADDITIONS AND IMPROVEMENTS TO
THE MUNICIPAL WATER, SEWER, STORM SEWER
AND SANITATION UTILITY

An ordinance entitled “An ordinance amending Sections 2-0901 of Article 9 of Chapter 11 of the Grand Forks City Code relating to the issuance of Reserve Revenue Bonds to finance additions and improvements to the municipal water, sewer, storm sewer and sanitation utility”, which had been introduced and passed on its first reading on August 21, 2000, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.

DEFEAT ORDINANCE RELATING TO THE ESTABLISH-
MENT OF A PUBLIC ENTERPRISE KNOWN AS THE
RED RIVER RENAISSANCE

An ordinance entitled “An ordinance enacting Article 3 of Chapter XXIV of the Grand Forks City Code relating to the establishment of a public enterprise known as the Red River Renaissance”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading.

Howard Swanson, city attorney, reported that in light of their action at a prior meeting at which the council adopted a governance plan for the greenway, it would be consistent with action previous taken, and would appear to be appropriate that this item be defeated on its second reading.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: none; voting “nay”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. Mayor Brown declared the ordinance defeated.

HOLD PUBLIC HEARING , DETERMINE INSUFFICIENCY
OF PROTEST, DIRECT THAT RESOLUTION OF ANNEX -
ATION OF ALL THAT PORTION OF S HALF OF NW
QUARTER OF SECTION 20, T151N, R50W OF 5TH PRINCIPAL
MERIDIAN, BE FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed July 17, 2000, annexing all that portion of the South Half of the Northwest Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as: a 140-foot wide strip of land lying west of and adjacent to the west right of way line of South 38th Street as platted in Columbia Park 27th Addition to the city of Grand Forks, North Dakota, being bounded on the north by Lot 7, Block 1 of said addition and bounded on the south by a line lying 33 feet north of and parallel with the south line of said northwest quarter. Said line is also the north line of proposed Lot 1, Block 2, Southern Estates Second Addition to the city of Grand Forks, North Dakota, which was approved by the City of Grand Forks, North Dakota on April 19, 1999, and which is pending filing and recording, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 25 and August 1, 2000; and further reported that no written protests had been filed with the auditor’s office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none; and it was moved by Council Member Martinson and seconded by Council Member Bjerke that a finding of insufficiency of protest to the annexation be entered. Carried 14 votes affirmative.

It was moved by Council Member Babinchak and seconded by Council Member Brooks that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-15, dated September 5, 2000 and totaling $1,586,476.78, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Lunak and seconded by Council Member Gershman 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, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

RETURN ITEMS TO COMMITTEE

Mayor Brown asked if there were any items that were to be returned to committee without any action by council.

Council Member Kreun asked that the item relative to the matter of Almonte home acquisition be returned to committee as no new action to be taken on this matter pending further acts by FEMA on the appeal request. Inasmuch as this item had been tabled it was moved by Council Member Kreun and seconded by Council Member Klave to refer this matter back to committee for further consideration. Carried 14 votes affirmative.

ADOPT RESOLUTION RELATING TO $9,000,000 REFUNDING
IMPROVEMENT BONDS, SERIES 2000A (DIKE IMPROVE-
MENTS); CALLING FOR THE PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Refunding Improvement bonds, Series 2000A (Dike Improvements), and recommended to adopt resolution relating to $9,000.000 Refunding Improvement bonds, Series 2000A (Dike Improvements) calling for the public sale thereof and set the sale date for October 2, 2000.

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

Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8033 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO $6,965,000 REFUNDING
IMPROVEMENT BONDS, SERIES 2000B, CALLING FOR THE
PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Refunding Improvement bonds, Series 2000B, and recommended to adopt resolution relating to $6,965,000 Refunding Improvement bonds, Series 2000B, calling for the public sale thereof and set the sale date for October 2, 2000.

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

Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8034 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO STORM SEWER
RESERVE REVENUE BONDS, SERIES 2000C; AUTHORIZING
THE PRIVATE NEGOTIATED SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Storm Sewer Reserve Revenue Bonds, Series 2000C, and recommended to adopt resolution relating to Storm Sewer Reserve Revenue Bonds, Series 2000C; authorizing the private negotiated sale thereof, and set the sale date for November 6, 2000 - $1,075,000.

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

Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8035 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO WATER RESERVE
REVENUE BONDS, SERIES 2000D, CALLING FOR THE
PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Water Reserve Revenue Bonds, Series 2000D, and recommended to adopt resolution relating to Water Reserve Revenue bonds, Series 2000D; calling fort the public sale thereof, and set the sale date for November 6, 2000 - $7,895,000.

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

Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8036 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO SANITATION RESERVE
REVENUE BONDS, SERIES 2000E; CALLING FOR THE PUBLIC
SALE THEREOF

Committee No. 1, Finance Committee, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Sanitation Reserve Revenue Bonds, Series 2000E, and recommended to adopt resolution relating to Sanitation Reserve Revenue Bonds, Series 2000E; calling for the public sale thereof, and set the sale date for November 6, 2000 - $4,255,000.

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

Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8037 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

APPROVE AMENDED CONTRACT FOR ADMINISTRATIVE
COORDINATOR, SUBJECT TO NEGOTIATION

Committee No. 1, Finance, reported having considered the matter of contract for administrative coordinator, and recommended to accept the administrative coordinator contract with Richard Warne as drawn up pending city attorney review.

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

Council Member Babinchak expressed concern relative to the contract, that if it is approved it would become a standard for the rest of the contracted positions that we have, that one is coming up the end of December; that the City employees including contracted employees currently receive 4% for pension, and we are contemplating 13.5% for this contract, and that there have been comments that there are concerns about the contract. She also commented on the termination clause, that they cannot let him go for cause, and under another termination clause, failure to obey any lawful or reasonable direction made and given by the mayor where such violation or failure amounts to an act of insubordination or serious breach of proper discipline resulting in or which may be reasonably expected to result in loss or injury to the City or to the public, we would still have to pay six months salary and pension for cause plus six months health insurance premium.

Council Member Brooks stated that we need to come up with a standard contract for our department heads, that this isn’t a department head but a different level of employee and at the top of the organization chart. He stated that he and Council Member Christensen talked with Mr. Warne regarding the contract, and can only address that which they negotiated and not what was done before they were involved in it, there is only one position in our system.

Council Member Babinchak expressed concern re. term of employment, that hiring this individual for an indefinite period of time, have a contract with no ending date.

Council Member Christensen stated that the term at will means can terminate this gentleman at any time, that the 30-day notice is a courtesy, and have a choice of either a contract or civil service, and the City has been moving away from civil service to contract. He stated this is an executive function and is contract the mayor has asked them to approve, that the mayor and his staff and Human Resources staff have negotiated this contract; that this is a one-year contract and can start negotiating this contract in November and change terms and mayor can direct Mr. Warne to give us a standard form contract, which will include his own contract. He also noted that amendments can be made to the agreement but doesn’t think we should encroach upon the executive function here.

Mayor Brown stated he would entertain an amendment to change the rate of pension from 13.5% to 10% and it was moved by Council Member Gershman and Council Member Christensen to amend the contract to contribute 10% rather than 13.5% for pension/retirement plan.

Mr. Swanson stated that the manner in which this agreement had been negotiated does not provide for a term, that there is not an automatic termination date, it will require in the event the City seeks to terminate the agreement, that the City make a decision to terminate with or without cause, and then depending upon that it will determine whether severance pay will be required.

After some discussion and upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson, Bjerke, Hoff, Hamerlik, Burke - 13; voting “nay”: Council Member Brooks - 1. Mayor Brown declared the motion carried.

Council Member Babinchak moved to amend the contract, 1. Term of employment, at three years; seconded by Council Member Glassheim.

Mayor Brown stated the reason he was comfortable with an open-ended contract is that when you have a close ended contract, they start negotiating six months before the end of their contract. Mr. Swanson made a clarification - that the 30-day notice only applies in the event that the employee seeks to terminate, and that paragraph B under Termination of Employment, states that the agreement may be terminated by the City at any time and no notice requirement from the City, but no change to the severance.

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

Council Member Babinchak moved to amend the contract to change pension rate to 4.5% rather than 10%. Council Member Klave seconded the motion.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Klave, Babinchak, Bakken, Bjerke, Glassheim - 5; voting “nay”: Council Members Gershman, Lunak, Christensen, Kreun, Martinson, Brooks, Hoff, Hamerlik, Burke - 9. Mayor Brown declared the motion defeated.

Council Member Christensen moved to amend the contract as follows: 11. Modification. to add after the word agreement “...and approved by the city council.” Council Member Lunak seconded the amendment. Carried 14 votes affirmative.

Upon call for the question on the original motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Lunak, Christensen, Klave, Kreun, Martinson, Brooks, Hoff, Hamerlik, Burke, Gershman - 10; voting “nay”: Council Members Babinchak, Bakken, Bjerke, Glassheim - 4. Mayor Brown declared the motion carried.

Mayor Brown and Council Members Christensen and Lunak will continue renegotiations with Mr. Warne.

RECEIVE AND FILE MATTER OF RULES FOR ISSUANCE
OF PARKING TICKETS

Committee No. 1, Finance, reported having considered the matter of rules for issuance of parking tickets, whether ticket should be issued for overtime parking if there are empty spaces nearby, and recommended to receive and file.

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

APPROVE VARIANCE TO NOISE ORDINANCE FOR
SEWER REHAB PROJECT

Committee No. 2, Public Safety, reported having considered the request from Webster, Foster & Weston for noise ordinance variance for contractors for sewer rehab jobs, and recommended approval.

Committee No. 3, Public Service, reported having considered the matter of noise ordinance variance for sewer restoration projects, and recommended to approve the request for noise variance.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 14 votes affirmative.

APPROVE REQUEST FOR STREET DANCE DOWNTOWN

Committee No. 2, Public Safety, reported having considered the matter of request from LTD Investments, Inc. dba The Edge, 10 North 3rd Street, to hold street dances on September 8 and 9, blocking portions of North 3rd Street and 1st Avenue North and request for beer garden.

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

Council Member Bakken reported this had been approved but Dakota Property Management had concerns about vandalism and littering that goes on from The Edge and appears this is on-going problem, and perhaps need to increase security and make sure they clean the area after the dance; and moved an amendment to the motion that they require additional security and area be cleaned up by noon of the following day. Council Member Martinson seconded the motion.

Shelly Corbid, 362 Grassy Hills Lane, manager of St. John’s Block Building, stated it is an expense for a building owner as they have had to pay for damages to their building (broken window, etc.), that they have 23 units in St. John’s Block. It was noted that a representative of The Edge stated that they had insurance that would cover any damages. Ms. Corbid stated that she had checked into the insurance, and none of the expenses were covered and owner absorbed those costs. She stated that on several occasions they hired their own security and that was the only time they did not have any damages; and questioned why they should have to hire security. She also expressed concern that the City is giving up the City parking lot for the dance, and that they rent six spots in that lot and were not notified that this would happen and tenants have to find new spots for parking for these two nights. Mr. Swanson stated that with respect to the questions of insurance without seeing the policy at issue, it would appear to be very unlikely that any insurance policy would cover damages for intentional acts by an invitee or others.

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

Council Member Bakken stated that The Edge would have to arrange alternate parking for these residents at no charge; Council Member Brooks seconded the motion.

Ms. Corbid stated that wouldn’t work for this time, but dances have to be controlled and need lots of security, and that if they don’t want to provide that, they shouldn’t be able to have dances. She stated that they shouldn’t be able to do this on public parking lot where lots rented to individuals.

Chief Packett stated that it’s been their experience with LTD (The Edge) that when those occasions occur that they sit down with them and negotiate the amount of security that’s needed, procedures, etc., and that his staff is meeting with LTD and that he will double check on the amount of security.

Council Member Babinchak moved to amend the motion on the matter of the parking to include that any damages done to vehicles or property shall be paid for by LTD Properties or their insurance company. Council Member Christensen seconded the motion. Upon voice vote the motion carried.

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

Upon call for the question on the original motion as amended, and upon voice vote, the motion carried 13 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE MATTER OF AMENDING ALCOHOLIC BEVERAGE
ORDINANCE TO INCLUDE NEW PALMER GOLF COURSE

Committee No. 2, Public Safety, reported having considered the request from Park District for liquor ordinance to be amended to include the new Palmer golf course, and recommended approval and forward to the city attorney to draft an ordinance or amendment.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Bjerke voted against the motion.

RECEIVE AND FILE MATTER OF ANIMAL FEES AT
HUMANE SOCIETY

Committee No. 2, Public Safety, reported having considered the matter of animal fees at Humane Society, and recommended to receive and file. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4814, FORCEMAIN RELOCATIONS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Forcemain Relocations, City Project No. 4814, and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE CHANGE ORDER NO. 2, MAIN BUILDING,
PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2, main treatment building, Wastewater Treatment Plant, ICS, Project No. 4371, and recommended to approve the change order in the amount of $22,463.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4830

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Water Meter Replacement, USI, City Project No. 4830, and recommended to approve the change order in the amount of $72,769.62.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. Mayor Brown declared the motion carried.

CONSIDER MATTER OF CHANGE ORDERS

Council Member Bjerke commented on change orders - that items they found they needed through the design process as constructing the building they either missed or left out, that change orders added items for various reasons, that because the City is paying for these they are assuming that all these mistakes were made by the City, and that if these mistakes were not all made by the City, then we have an obligation to the taxpayers to discuss with people who designed these projects and have some accountability, that there’s potential for people to make a low bid and increase through change order.

Charles Grotte, assistant city engineer, reviewed change orders and stated that what may appear to be missed or left out is that this project is being built under several different packages, some things packaged in one project versus another, changed packages.
Council Member Gershman suggested that there are a number of items on every agenda that members could go to staff member prior to council and get the answer to the questions, that if the answer isn’t satisfactory, bring it up publicly. Council Member Kreun stated that they go through these questions during their committee structure.

Council Members Glassheim and Hamerlik call for the question, carried 14 votes affirmative.

APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4371, ICS

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Change Order No. 1, main treatment building, Wastewater Treatment Plant, ICS, Project No. 4371, and recommended to approve the change order in the amount of $17,330.08.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4371.
PETERSON CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Reactor Basin Roofs, Wastewater Treatment Plant, Peterson Construction, City Project No. 4371, and recommended to approve the change order in the amount of $65,938.29.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 4, PROJECT NO. 5086

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 4, Baling Facility, Lunseth Plumbing and Heating, City Project No. 5086, and recommended to approve the change order in the amount of $1,887.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 5, PROJECT NO. 5086

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 5, Baling Facility, Samson Electric, City Project No. 5086, and recommended to approve the change order in the amount of $1,230.51.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 8, PROJECT NO. 5086

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 8, Baling Facility, Construction Engineers, Project No. 5086, and recommended to approve the change order in the amount of $11,034.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

RECEIVE AND FILE MATTER OF CHARLES FLINK
CONTRACT (GREENWAYS, INC.)

Committee No. 3, Public Service, reported having considered the matter of status of Charles Flink contract (Greenways, Inc.), and recommended to receive and file the information.

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

Council Member Burke moved that we terminate Greenways, Inc. contract. Council Member Lunak seconded the motion.

Council Member Burke stated that the remainder of Mr. Flink’s work is mostly in the promotional area, development of a traveling display, video, development of maps and brochures, and that in discussion of this we are not sure how much of the approved CIP program we are going to move on, and would be difficult to develop accurate promotional materials at this point, that staff on the greenway division is fully capable of leading the development of the materials that Mr. Flink was going to be involved with and to thank Mr. Flink for his work up to this point, and let our capable staff continue on as it is needed in that area.

Mr. Swanson stated he has not reviewed Mr. Flink’s contract to determine whether there is any termination requirements as far as notice or expenses, and that would be something that would be prudent to look at.

Council Member Hoff called for the question, the motion died for lack of a second.

Council Member Burke stated that the original contract provides for a 30-day written notice and that any work undone can be abandoned at that point, and with 30 days notice we can call an end to this.

Friendly amendments to the motion to terminate the contract subject to review by the city attorney as to the legal liability of the City, that while waiting for Mr. Swanson’s opinion and that the Greenway staff not incur any additional expenditures under this contract with Mr. Flink, that the document provides that if the client (City) decides to abandon the greenway master plan or to discontinue the process with this consultant, we pay him and his firm for whatever work he has done to date of the notice of termination, and could burn up 35-45 days worth of work and he’d earn the balance of his contract. Council Member Burke accepted friendly amendments to his motion.

Lisa Dressler, greenway project, stated that Mr. Flink’s contract is 85% completed, and staff would like to see it completed, and would like to use Mr. Flink’s expertise in promoting the greenway as a whole, that they really need to get into the promotional part and to date he has been an asset for the City of Grand Forks and would like to continue through the remainder of his contract. Ms. Dressler stated they distributed copies of remaining portion of the contract: tasks to be completed are to revise the greenway plan, executive summary brochure, the first greenway project which was the community green, which they are not going to be using him for now since Stanley Engineering is involved, also create a traveling display and produce the video and market material; and that he would be working with UND Aerospace on the video, subcontracting it. Ms. Dressler stated that we would be paying UND the $10,000 and he would be subcontracting it to UND, cost is approx. $1,000 per minute to produce the video; that we would channel through him and he would subcontract it to UND, that we are using him for the $2,500 to help produce it, to provide some of the footage to UND. Ms. Dressler stated that the traveling display would be the boards they would be able to take with them when setting up for informational sessions.

Upon call for the question and upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Burke, Lunak - 4; voting “nay”: Council Members Klave, Babinchak, Bakken, Kreun, Martinson, Hoff, Hamerlik, Glassheim, Gershman, Christensen - 10. Mayor Brown declared the motion defeated.

Upon call for the question on the original motion (to receive and file) and upon voice vote, the motion carried 14 votes affirmative.

RECESS FOR 5-MINUTES

Mayor Brown called for a 5-minute recess.

The meeting reconvened at 10:00 p.m. with all members present.

DEFEAT MOTION TO REQUEST CORPS TO DELAY
OR TERMINATE THE CONTRACT TO DEMOLISH THE
PEDESTRIAN WALKWAY BRIDGE

Committee No. 3, Public Service, reported having considered the matter of pedestrian walkway bridge, and recommended that we request the Corps of Engineers to get estimated prices for a) delay for 9 months and b) termination of the contract and to report back.

It was moved by Council Member Glassheim and seconded by Council Member Hoff that this recommendation be and is hereby approved.
Mayor Brown asked that people limit their discussion to 2 minutes and that they limit discussion to new information.

Ken Vein, city engineer, stated that after talking with Col. Kasprisian he felt there would be a cost incurred in even asking the question, and would want to have the City go on record asking for what that cost would be. Council Member Gershman stated that the council cannot make a decision until we know what that cost would be.

Council Member Bakken stated that we haven’t asked what cost would be for removal of asbestos paint, etc. and on-going maintenance of this bridge.

Connie Triplett, 1807 Willow Drive, stated that when communicating with the Corps of Engineers, and it has been made very clear a number of times that nothing happens with the Corps of Engineers until city council would pass a formal motion formally directing the formal point of contract, which is the city engineer’s office, to ask the question of the Corps.

Mr. Vein stated that the current status of the project of the pedestrian bridge is that the project is under contract, that was a negotiated contract that the Corps put together with TEK Contractors for $450,000, that contractors are getting ready to start, and that is a condensed version of what has happened to date. He stated that the Barr report has rough estimates - that the demolition of the bridge with no replacement was $450,000, that a new low level bridge that would include the demolition would be approx. $1.15 million and if raised the existing trusses and used piers and added new approaches, $2.6 million; if raised existing trusses with new piers and approaches, approx. $3.6 million, and if we build a new high level bridge, using the center pier, including demolition, $2.2 million. He stated those costs are estimates, and do not include contract termination cost or life cycle cost comparison. He stated that cost of termination could be substantial, and Barr report should not be considered comprehensive or detailed but does give an order of magnitude, additional studies would need to take place in order to accurately study this issue and that the delay of 9 months as recommended would be adequate, and costs of the study would be in the $50,000 to $100,000 range, and the council has not authorized adequate funding to do a better study of the issue, would have the actual cost of demolition and construction, and would have termination costs and additional study costs, and all those things would be essential if we were going to proceed with the project. He stated he did have a discussion with Mayor Stauss, East Grand Forks, and Gary Saunders, their engineer, and they want a high level bridge at the current location, they will support raising the current structure if it is cost effective, and they did not want to share in the maintenance cost of the old bridge but were willing to do it on the new bridge.

Council Member Christensen asked if they do the bridge and it’s $2.6 million, if that is a betterment. Mr. Vein stated that the Corps of Engineers says it is a betterment but we have to argue that point, that we have an existing pedestrian crossing at this location and we should replace it and it should be part of the Corps project, that St. Paul District has not concurred with that and feel it would be a betterment. Mr. Vein stated he wouldn’t be able to give timeframe for Corps to find out whether betterment or not.

Mr. Swanson stated that the City does not have any contractual position in this regard and have no control over the time of the contract, that lies exclusively within the hands of the Army Corps.

Council Member Glassheim questioned whether anyone had done any preliminary study on what it would cost to activate the turning mechanism which seems to be less expensive than any of the alternatives and would take care of 4/10ths of a foot of water. Mr. Vein stated there would be a couple concerns, they know when they turn it there would be a reduction in the water surface profile, the back-up of the water behind it; and probably a structural integrity problem, not sure that is designed to be turned and having ice, etc. impacting it when it is in a turn position, assuming that it would have to be in its normal operating position during a flood for structural integrity because each of the ends do balance on the middle unless turned and in place, and that is just an observation, and would have to investigate that to see whether you could turn it during a flood or not.

Council Member Kreun stated that he talked with Mayor Stauss and Mr. Saunders of East Grand Forks and they are very adamant that they would not participate in an additional cost whether it’s betterment or maintenance of the bridge, but that they would work with us to try and take the south walk bridge and funds to see if work together as two communities and the Corps to put those monies toward the replacement of a high walk bridge in place on this one and that might be an alternative.

Peg O’Leary, Historic Preservation Commission, stated that the bridge originally in the early century floods was turned during the floods (they have pictures of that) and whether it’s capable of being done today or whether strong enough can’t answer that, but that’s how they dealt with floods in the early part of the century.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Hoff, Hamerlik, Glassheim, Lunak - 4; voting “nay”: Council Members Babinchak, Bakken, Kreun, Martinson, Brooks, Bjerke, Burke, Gershman, Christensen, Klave - 10. Mayor Brown declared the motion defeated.

APPROVE BIDS FOR SALE OF SURPLUS PROPERTY
AND DECLARE CERTAIN PROPERTIES AS SURPLUS

Committee No. 3, Public Service, reported having considered the matter of bids for surplus property at 3137 East Elmwood, and recommended to award the bid for 3137 East Elmwood to Ron Hanson for $5,500.00.

Committee No. 3, Public Service, reported having considered the matter of property at 3801, 3 and 5, Belmont road and 505 Maple Avenue, and recommended to declare the properties as surplus and to demolish the buildings.

It was moved by Council Member Klave and seconded by Council Member Hoff that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT NO.
5111, INTERSECTION IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5111, Intersection Improvements at South 34th Street/17th Avenue south and at South 20th Street/24th Avenue South, and recommended to approve plans and specifications and authorize to call for bids at appropriate time.

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

APPROVE PLANS AND SPECIFICATIONS FOR PAVING
PROJECT NO. 5089

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5089, paving North Washington Street from 8th Avenue to Gateway Drive, and recommended to approve plans and specifications and authorize appropriate party for bidding.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 5139 AND 5141, REHAB PUMP STATIONS 26 AND 12

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 5139 and 5141, Rehabilitate Pump Stations No. 26 and No. 12, and recommended to approve plans and specifications and authorize appropriate party for bidding.

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

ACCEPT BID FOR PROJECT NO. 5064, LANDFILL
CLOSURE PHASE III

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5064, Landfill Closure Phase III, and recommended to return the bid of Veit & Company, Inc. for failure to meet specifications of bid.

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

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5064, Landfill Closure Phase III, and recommended to accept the low bid of Gowan Construction in the amount of $917,481.70.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

ACCEPT BID FOR PROJECT NO. 5148, INTERSECTION
IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5148, Intersection Improvements at 32nd Avenue/South 34th Street and at 32nd Avenue/South 38th Street, and recommended to accept the low bid of Nodak Contracting in the amount of $287,981.85.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4698,
STORM PUMPING STATION

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4698, Storm Pumping Station at the Industrial Park, Change Order No. 2, and recommended to approve the change order in the amount of $0.43.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 4F, PROJECT NO.
4669.2, SOUTHEND DRAINWAY PHASE 2A

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.2, Southend Drainway Phase 2A, Change Order No. 4F, and recommended to approve the decrease in the change order in the amount of $18,622.87.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 11, PROJECT NO.
4860, STORM SEWER RESTORATION AREA 2

Committee No 3, Public Service, reported having considered the matter of change order for Project No. 4860, Storm Sewer Restoration Area 2, Change Order No. 11, and recommended to approve the change order in the amount of $21,500.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 3, PROJECT NO.
4862, STORM SEWER RESTORATION AREA 1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4862 Storm Sewer Restoration Area 1, Change Order No. 3, and recommended to approve the change order in the amount of $2,500.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER NO. 6, 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. 6, and recommended to approve the change order in the amount of $18,347.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

COUNCIL MEMBER GERSHMAN EXCUSED

APPROVE CHANGE ORDER NO. 10, PROJECT NO. 5015,
ELKS CONDO BACKFILL

Committee No. 3, Public Service, reported having considered the matter of contract change order No. 10, Nodak Contracting, Elks Condo backfill, Project No. 5015, and recommended approval of Change Order No. 10 to Nodak Contracting in the amount of $30,908.50.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

DIRECT THAT CLEANUP OF RIVERBANK NOT BE DONE
BECAUSE OF LACK OF FUNDS

Committee No. 4, Urban Development, reported having considered the matter of riverbank cleanup, and recommended to not clean up the riverbank because of lack of funds.

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

APPROVE CHANGE ORDER FOR HISTORICAL REHABS

Committee No. 4, Urban Development, reported having considered the matter of change orders for historical rehabs, and recommended approval of a change order to Dick Wilhelmi Construction in the amount of $1,145 for exterior work on 21 Seward Avenue, and a change order to The Craftsman, Inc. in the amount of $2,120.00 for exterior work on 1424 University Avenue.

It was moved by Council Member Lunak and seconded by Council Member Burke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

CONSIDER MATTER OF RELOCATION VOUCHER PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of relocation voucher program, and recommended 1) to deny Ms. Rakow’s request with the expectation that it will be fully aired and we will have this discussion in front of all council members and we will make a final decision there; and 2) to grant Ms. Rakow the voucher program because of the letter she received without a time limit in it so that she thought she had whenever to cash it in, that we make an exception for Ms. Rakow and grant her the voucher.

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

Terry Hanson, Urban Development, reported that after the meeting on April 28 he sent a letter to Lana Rakow and Tony Stukel informing them that the committee approved a recommendation to hold the request in committee for a period up to 60 days contingent upon their providing a signed purchase agreement for a specific address, and have not heard anything from them since that date until this matter came up. He stated he believed they were given a fair opportunity to provide the committee with a purchase offer, their request for an extension for the voucher was never granted, that what was granted was a period of time for them to provide a purchase offer; that it was the committee’s policy at the time to not grant any extensions to anyone without a purchase offer and they did not act on the purchase offer request, they only granted an extension to provide a purchase offer so they would then act on a request for extension, and that they were given adequate time.

COUNCIL MEMBER GERSHMAN REPORTED BACK

Council Member Christensen reported that the one issue was whether the City should reopen the voucher program for Phase IV and Urban Development staff recommended that we not do that because we perhaps would have exposure of approx. $750,000. He stated that 2) is the Rakow situation, and perhaps should be addressing reopening the voucher program first based upon staff’s recommendation and moved that we not reopen the voucher program based on staff’s recommendation for it appears that the City would have a liability of $750,000. Council Member Babinchak seconded the motion.

Lana Rakow (and Tony Stukel), 539 Terrace Drive, (formerly 3141 Olson Drive), stated she would like to clarify information given by Mr. Hanson - that on April 26, 1999 a letter to the Urban Development Committee asking for an extension which was prior to the end of the voucher program and asked for the extension before the voucher expired; that the Urban Development Committee met on April 28 and a letter was sent to them after that meeting by Mr. Hanson, however, she believed Mr. Hanson overstepped his bounds and in the letter it states 60 days, when in fact the committee did not recommend any particular time frame, that in the minutes of the committee meeting of April 28, 1999, there was no specific date given, no 60 days given and there was at least one other request with no signed purchase agreement and an extension was given for that request as well. She stated that on May 3, 1999 the city council met and at that meeting the council did vote unanimously on a motion from Urban Development on a request for extension to relocation vouchers and recommended that the following requests be held for a signed purchase agreement (Arnold Passa, Lana Rakow, Tony Stukel and Gene and Bernice Goodman) and there are a number of requests for specific dates on them and all of those items brought forward by the Urban Development Committee were approved unanimously. She stated there was differentiation made for voucher requests for extensions with specific dates given to them and theirs was not given a specific date. She stated that the 60 days was not in the action by either the committee or the council which followed the letter from Mr. Hanson. She also stated that comparable homes are very difficult to find in the city, that they are not looking for a signing bonus, that this is reimbursement for closing costs and moving costs which they have incurred, that she didn’t see Phase IV as a voluntary buyout program, but a case of either taking their home now or take it later. She stated that they certainly would have moved last year had they been able to do that.

Mrs. Rakow stated that the actual motion did not specify any actual date, that the council motion recommended that the following requests be held for a signed purchase agreement, that they now have a signed purchase agreement and are asking that this motion be honored.

Mr. Hanson stated that there are 74 homes in the Phase IV and Phase I buyout that have vouchers that have not been redeemed, and there are 5 that have asked for some form of an extension that did not redeem the voucher after that request had been presented. He stated that if the council acts on this singular request or the 5 requests, it would open the voucher program to virtually anyone who had previously received a voucher or had participated in buyout through I, II, III, IV or IA Phases potentially.
Mr. Swanson, city attorney, stated that the action taken by the city council on May 3 did not approve an extension, that the council took no action on the request for the extension by three different property owners, and that at no time does he find any basis to conclude that an extension was granted, rather that no action was taken on those requests. He stated with respect to specific potential liability or potential precedent, perhaps misunderstood each other and that he finds no liability for any potential phase other than Phase IV and the potential liability for Phase IV may either be a liability under law or a liability as a political matter. He stated that in either event the council needs to specifically distinguish what factual basis you would grant an exception, which for this applicant or another applicant, and why you would not grant a similar extension or exception to other participants in Phase IV that did not turn in their vouchers, and thinks they can legitimately distinguish Phase IV from the other phases, and doesn’t think there is any exposure to the other phase, but limited to Phase IV at the maximum.

Mr. Swanson stated that what concerns him is the law in North Dakota is that you cannot assume an extension or action by the council has been taken until it has been affirmatively taken by the body, there is a fair amount of case law including a case involving the City of Grand Forks (John Beagle) a number of years ago in which the Court said you have to establish a detrimental reliance on an affirmative act that the city council were to take and that the other party relied upon; in this case he doesn’t find that there was an action taken by the City and finds no action taken by the City and doesn’t know if there has been any detrimental reliance upon the action taken by the city council, and indicated that he thinks that Phase IV would be reviewed as a class for equal protection type analysis or arbitrary comprecsious analysis and in order to treat one member of that class differently you would have to have a rational basis to distinguish between the actions you’ve taken; that the letter may be sufficient but he would not rule that would be sufficient, and from a legal perspective should another person come forward and attempt to challenge the reopening of a voucher, he would like to see the City to be based on a stronger factual foundation than what he’s seen to this point.

Mr. Hanson stated in Phase IV there are 42 vouchers that are outstanding but 53 homes that were bought in Phase IV that did not redeem a voucher, 11 of those did not receive a voucher because the purchase was made after the April 30, 1999 deadline.

Council Member Lunak withdrew his motion 2) granting Ms. Rakow the voucher program, Council Member Burke agreed to withdraw the motion.

Upon call for the question 1) to deny the request and upon roll call the following voted “aye”: Council Members Bakken, Kreun, Martinson, Brooks, Bjerke, Hamerlik, Burke, Glassheim, Lunak, Klave, Babinchak - 11; voting “nay”: Council Members Hoff, Gershman, Christensen - 3. Mayor Brown declared the motion carried.

Upon call for the question on the floor not to reopen Phase IV Buyout Program and upon voice vote, the motion carried.

AUTHORIZE DEOBLIGATION OF HOME FUNDS TO ALLOW
STATE TO OBLIGATE FUNDS TO QUAD COUNTY TO
INITIATE A REHAB PROGRAM IN GRAND FORKS COUNTY

Committee No. 4, Urban Development, reported having considered the matter of deobligation of HOME Funds, and recommended to authorize the Housing Authority’s request to deobligate $175,000, return it to the State of North Dakota with the understanding that the State would reobligate the money to Quad County to initiate a rehab program in Grand Forks County and that we continue to pursue other sources of funds through foundations.

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

John O’Leary, Urban Development, stated that the motion would reallocate $175,000 to some of the rural areas of Grand Forks County to assist those homeowners in rehabbing their houses, these funds will be matched with $100,000 from Community Action, roughly out of the same funding sources, that members of his staff have been working with the volunteer group of citizens in Grand Forks County attempting to come up with other funds from other sources, the program that is being envisioned would be structured similar to what was done in 1997 after our flood event, that people who are eligible would submit applications and be considered for small rehab grants to their homes. He stated that this is an outreach to our neighbors in rural Grand Forks County, in both incorporated and unincorporated places, who incurred severe damage a few months ago because of the heavy rainfalls. He stated he hoped they could use this money, $275,000, as seed money to raise other funds from foundations, that his staff and people from Quad County are in the process of soliciting those applications now. He noted there will be a press release that will go out either this evening or tomorrow from the Public Information Office and hope people are interested in the program will use that information to access the program.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

COUNCIL MEMBER BURKE EXCUSED

ACCEPT BID FOR HISTORIC REHAB OF PROPERTY AT
705 WALNUT STREET

Committee No. 4, Urban Development, reported having considered the matter of bids for historic rehab of property at 705 Walnut Street, and recommended to approve the low bid from
Cameo Homes in the amount of $82,250, including Alternates 1 and 2 to rehab housing Authority property at 705 Walnut with Housing Authority Rehab funds from CDBG Entitlement.

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

Mr. O’Leary stated there are a number of historic homes in the inventory right now that are being rehabbed, that the Housing Authority is rehabbing the houses, they will be put on the market and sold, revenues from the sales will be used to rehab the balance of the houses in the historic rehab program and should go on for a year or year and a half.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE APPOINTMENT OF MAYOR TO THE EVENT
CENTER CORE COMMITTEE

The Events Center Core Committee reported having considered the matter of Core Committee membership, and recommended that we appoint Mayor Michael Brown and that he be an ex-officio (voting) member of this committee because of his position as mayor.

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

COUNCIL MEMBER BURKE REPORTED BACK

APPROVE APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Brown announced the following appointments to various committees and asked for concurrence in these appointments.

Bikeway Committee - three year term: Council Member Burke
Dial-a-Ride - two-year terms: Corey Birkholz of Options, Georgene Emard, Bobby Vogel, Clarence Blecha, Frank Harlow, June Corbid, Judy Sannes
Emergency Management Board - one year term: Council Member Klave
Growth Fund Committee: Council Member Brooks
Grand Forks Library Board - three year term: Council Member Glassheim, Vera Uyehera
Historic Preservation Commission - two year term: Sandra Slater, Fred Schneider, Gordon Iseminger
MPO Executive Policy Board - two year term: Council Members Bakken and Christensen
911 Authority Board: Council Member Martinson
Park Dedication Committee: Council Member Klave
Pension Committee - three year terms: Council Members Babinchak, Hamerlik, Glassheim
Planning & Zoning Commission - five year terms: Council Members Kreun and Klave, Tom Hagness, Paula Lee, Sheryl Smith
Special Assessment Commission - six year term: Lonnie Laffen
Grand Forks County Planning & Zoning: Council Member Kreun

It was moved by Council Member Lunak and seconded by Council Member Kreun that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: CDBG Estimate Summary, $1,829,046.84; Flood Estimate Summary, $939,723.12; and Regular Estimate Summary, $6,626,672.25; totaling $9,395,442.21.

It was moved by Council Member Lunak and seconded by Council Member Babinchak that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted "aye"” Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project 4824.1, Mill and Overlay on City Streets, Phase I; Project No. 4669.2, Southend Drainway Phase 2A; Project 4729, 1998 Forcemain Rehab Lift Station #14 and #17; Project No. 4822, Public Works Facility, Mechanical Construction; Project No. 4830, Water Meter Replacement; and Project No. 5050, Bikepath Repair along English Coulee.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 14 votes affirmative.

APPROVE BIDS RE. SURPLUS PROPERTY

Committee No. 3, Public Service, reported having considered the matter of surplus property - matter of award of high bid on 3141 Olson Drive, and recommended acceptance of high bid from Alona Harper of $5,000 for the property at 3141 Olson Drive, including sunporch.

Committee No. 3, Public Service, reported having considered the matter of surplus property - matter of award of 114 Spruce Court (Karen Waldron), and recommended award of property at 114 Spruce court to Karen Waldron for $5,000, City not responsible for any moving problems which arise.

Committee No. 3, Public Service, reported having considered the matter of surplus property - declaring surplus property for 101 Euclid Avenue and 1406 Lewis Blvd., and recommended declaring these properties as surplus.

It was moved by Council Member Klave and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motions carried.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to the city council for referral to committees for further consideration.

1) Council Member Burke presented the matter of the greenway capital improvements program to CIP Committee for review and/or adjustments.
2) Council Member Burke presented the matter of having the greenway division develop a letter of agreement or understanding with the Park District to put on paper some of the conversations with regard to the Park District’s involvement in the operations and management of the greenway on an on-going basis so have a clear understanding of responsibility - referred to the public service committee.
3) Council Member Burke presented the matter of employee incentives for suggestions; referred to the finance committee.
4) Council Member Hamerlik presented the matter of employment of two positions when permanently appointed so that the council can air whether or not they would want separate positions or one position, contractual position, etc. pertaining to those positions (city engineer and director of public works) - referred to finance and to public service committees.
5) Council Member Hamerlik moved that we have on record that we unanimously agree with the appointment of our administrative coordinator and that any discussion this evening was not personal but had to do specifically on how we handle contract positions. Council Member Hoff seconded the motion. Carried 14 votes affirmative.

COUNCIL MEMBER GERSHMAN EXCUSED

6) Council Member Hoff stated that some constituents from the University have contacted him regarding the large number of parking tickets that are being issued by UND police and that he has asked both UND police and City police to clarify how many tickets have been issued, but witnessed row upon row of cars that were ticketed and that construction has complicated life for the students, that it doesn’t seem fair when we complicate their lives with the construction, but need some real numbers to work with; and citizens are E-mailing him about the business that they went into executive session over and would hope that they can go public about the matter that was discussed in executive session.
7) Council Member Bjerke presented the matter of the Alerus Center, that according to Ordinance No. 3851, they should have established an events center commission by now, that if they don’t plan to do that, then need to do something about the ordinance - referred to the Events Center Core Committee for September 20.
8) Council Member Brooks presented the matter that when requests for budget amendments are presented, to get a copy of that department’s budget and current status.
9) Council Member Brooks presented the matter of concern about political announcements and whether we have to follow the FCC rules re. political advertisements.
10) Mr. Swanson, city attorney, reported that copies of Supplement No. 10 to the City Code, and that brings the Code current to June 5, 2000, and into July, 2000; and are working on the web site to bring that current.
11) Council Member Kreun stated that the construction at the University area had been completed prior to school starting, organized that way because there were some very definite time tables that had to be met; and that the particular construction taking place at the University is being done on the steamlines according to the University and not by the City.
12) Council Member Bakken stated that the time is moving forward for restructuring our city government for a smaller council, and perhaps mayor should give department heads more leeway and consolidating departments and making progress towards the transition.
13) Council Member Christensen reported that grass clippings will be picked up, and asked that the Information Office get that information out so that the citizens will be aware of that.
14) Lonnie Winrich, 606 South 4th Street, stated that the Corps’ recreation plan for the greenway includes 3 walk bridges: 1) near Riverside Dam, 2) one near dam on the Red Lake River, and 3) currently planned for the southend of the greenway in the Lincoln Park area. All 3 are low level bridges which would restrict river traffic (including a riverboat at the southend) He stated there has been considerable discussion at the Greenway Recreation Committee meetings, of which he is a member, rather than putting that bridge at the southend to make it a downtown bridge to replace the pedestrian bridge which is now going to be demolished and put it up higher. He stated that representatives of the Corps have been present at these meetings, listened to the discussion but the Corps’ plan has not changed; and that the Corps will only pay attention to formal resolution passed by the city council, and unless you do something about the southend greenway bridge in the form of a resolution, or joint resolution by the two city councils, there will be a situation as with the pedestrian bridge. He urged the council to refer the matter to the public service committee and request the Corps to include an option of putting that bridge downtown. Council Member Babinchak referred the issue to the public service committee. Council Member Kreun stated he had talked to Mayor Stauss and Gary Sanders from East Grand Forks and they would be in agreement - that they indicated that the south bridge would be most likely and combine those efforts to make that a high-water bridge in place of current pedestrian bridge, and will take that into the committee.

ADJOURN

It was moved by Council Member Hoff and seconded by Council Member Lunak that we do now adjourn until Monday, September 18, 2000 at the hour of 7:30 o’clock p.m. Carried 14 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved: _______________________
Michael R. Brown, Mayor