City of Grand Forks, North Dakota

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17715
August 20, 2001

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 20, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 20, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; absent: Council Member Lunak, Bakken - 2.

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, and that the meeting is being televised.

COUNCIL MEMBER MARTINSON REPORTED PRESENT

Mayor Brown congratulated the City of East Grand Forks on the dedication of their new city hall.

Mayor Brown announced that Don Shields was recently named the winner of the KCNN Community Spirit Award, that he has been director of public health department since August of 1994, and has received the award because of his work with the local boy scouts and this type of award is a positive reflection on the City of Grand Forks, and on behalf of the City of Grand Forks would like to offer his congratulations to Mr. Shields, not only for this award but for all he does for Grand Forks.

APPROVE APPLICATION FOR PERMIT TO MOVE
BUILDING AND GARAGE TO 1616 NORTH 6TH STREET

The staff report from the Inspections Department relating to an application for moving permit to move the house and garage from 1411 Lewis Blvd. to 1616 North 6th Street, with recommendation to approve the moving permit to move a house and garage from1411 Lewis Blvd. to 1616 North 6th Street.

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

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that Easter Seals be and is hereby authorized to move the building subject to meeting all repairs and alterations needed to bring the structure to current code. Carried 12 votes affirmative.

APPROVE APPLICATION FOR PERMIT TO MOVE
BUILDING AND GARAGE TO 1620 NORTH 6TH STREET

The staff report from the Inspections Department relating to an application for moving permit to move the house and garage from 1417 Lewis Blvd. to 1620 North 6th Street, with recommendation to approve the moving permit to move the house and garage from 1417 Lewis Blvd. to 1620 North 6th Street.

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

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that Easter Seals be and is hereby authorized to move the building subject to meeting all repairs and alterations needed to bring the structure to current code. Carried 12 votes affirmative.

APPROVE APPLICATION FOR PERMIT TO MOVE
HOUSE TO 1600 NORDONNA CIRCLE

The staff report from the Inspections Department relating to an application for moving permit to move a house from 2525 Olson Drive to 1600 Nordonna Circle, with recommendation to approve the moving permit to move a house from 2525 Olson Drive to 1600 Nordonna Circle.

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

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that Bryan Halvorson be and is hereby authorized to move the building subject to meeting all repairs and alterations needed to bring the structure to current code. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE HOUSE TO 3835 17TH AVENUE SOUTH

The staff report from the Inspections Department relating to an application for moving permit to move a house from 3737 Belmont Court to 3835 17th Avenue South, with recommendation to approve the moving permit to move a house from 3737 Belmont Court to 3835 17th Avenue South.

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

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that James Kobetsky be and is hereby authorized to move the building subject to meeting all repairs and alterations needed to bring the structure to current code. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE GARAGE TO 1608 8TH AVENUE NORTH

The staff report from the Inspections Department relating to an application for moving permit to move a garage from 1831 Riverside Drive to 1608 8th Avenue North, with recommendation to approve the moving permit to move a garage from 1831 Riverside Drive to 1608 8th Avenue North.

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

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that Todd Curran be and is hereby authorized to move the building subject to meeting all repairs and alterations needed to bring the structure to current code. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING PROJECT NO. 5262, DISTRICT NO. 581

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 581, Project No. 5262, paving on Mighty Acres Drive in Mighty Acres Second Addition had expired on August 16, 2001, and that he had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8094 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that we do hereby find and determine an insufficiency of protests against Paving District No. 581, Project No. 5262, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT
NO. 5262, DISTRICT NO. 581

The city auditor presented and read tabulation of bids which had been received and opened on August 6, 2001 for Paving Project No. 5262, District No. 581, paving Mighty Acres Drive, indicating that Aggregate Industries North Central Region, Inc., Grand Forks was the low bidder based upon their bid in the amount of $130,565.05: Document No. 8095 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5262, District No. 581, in the amount of $165,800.00, was presented and read.

The staff report from the Engineering Department relating to bids for City Project No. 5262, District No. 581, paving Mighty Acres Drive, with recommendation to award contract to low bidder Aggregate Industries in the amount of $130,565.05.

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

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8096 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Paving Project No, 5262, District No. 581, to Aggregate Industries North Central Region, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the resolution adopted and the contract awarded.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
17, 18, 19 AND 20, BLOCK B, KANNOWSKI’S ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from CPS, Ltd. on behalf of R.J. Zavoral and Sons for preliminary approval of the Replat of Lots 17, 18, 19 and 20, Block B of a Replat of Lot 7, Block 1, Kannowski’s Addition to the city of Grand Forks, North Dakota (located in the 5800 block of Pinehurst Drive), with recommendation to give preliminary approval of plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 26 AND
27, BLOCK 1, JOHNSON’S FOURTH ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from Tim Crary on behalf of Crary Homes for final approval (fast track) of the Replat of Lots 26 and 27, Block 1, Johnson’s Fourth Addition to the city of Grand Forks, North Dakota (located at 3997 15th Avenue and 3999 15th Avenue South), with recommendation for final approval of plat, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND Z0NING MAP
TO INCLUDE WITHIN THE VILLAGE PUD (PLANNED
UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3, ALL OF VILLAGE RESUBDIVISION
NO. 2 AND ALL OF VILLAGE RESUBDIVISION NO. 3
AND SET PUBLIC HEARING FOR SEPTEMBER 17, 2001

The staff report from the Planning and Zoning Commission relating to the matter of the request from Kevin Ritterman on behalf of Mikkelson Consolidated for the preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within the Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota, with recommendation for preliminary approval of the ordinance and the city council to set a public hearing date for September 17, 2001.

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

Council Member Kerian introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Unit development), Concept Development Plan, Amendment No. 2 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE SPECIFICATIONS FOR COPY MACHINE FOR
CITY HALL

The staff report from the IS Department relating to copy machine specifications for City Hall, with recommendation to approve copy machine specifications and IS Department request to advertise for bids.

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

APPROVE GRANT AGREEMENTS WITH ND DEPARTMENT
OF HEALTH AND PUBLIC HEALTH DEPARTNMENT

The staff report from the Health Department relating to HIV/Aids Test and Counseling Grant Agreement #PF02-24 ($10,000, 7/1/01-6/30/02), with recommendation to approve the 2001-2002 grant agreement with the North Dakota Department of Health to provide HIV/Aids Testing and Counseling.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

The staff report from the Health Department relating to Women’s Way Cancer Prevention and Control Grant Agreement #02 189 ($54,133, HL35, 7/1/01-6/30/02), with recommendation to approve the 2001-2001 grant agreement with the North Dakota Department of Health to provide cancer prevention and control services.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE BUDGET AMENDMENTS

The staff report from the Health Department relating to budget amendment (Health $1,550,7/27/01) with recommendation to approve budget amendment of $1,550, new 2001 revenue.

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

APPROVE GRANT AGREEMENT WITH ND DEPARTMENT
OF HEALTH

The staff report from the Health Department relating to State Aid Health Grant Agreement #02-204 ($76,206, HL70, 7/1/02-6/30/03), with recommendation to approve the 2001-2003 grant agreement with
the North Dakota Department of Health to provide ongoing essential public health services.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE BUDGET AMENDMENT

The staff report from the Health Department relating to Communicable Disease Grant budget amendment, HL10, $16,812, 7/26/01, new 2001 revenue, with recommendation to approve Communicable Disease Grant budget amendment of $16,812.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5200
2001 FLOOD PREPARATION

The staff report from the Engineering Department relating to consideration of change order #3, City Project No. 5200, 2001 Flood Preparation, with recommendation to approve change order #3 to City Project No. 5200, Flood Preparation contract in the amount of $55,200 with Gowan Construction, Inc.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE BUDGET AMENDMENTS, PSAP

The staff report from the PSAP Department relating to budget amendments, with recommendation for approval of line item transfers to accurately reflect activity in the budget in the amount of $54,760.66.

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

APPROVE REQUEST FOR PROPOSALS RECEIVED
FOR CITY MERCHANDISE

The staff report from the Info Center relating to request for proposals received for City merchandise, with recommendation to accept low bid submitted by Nelson Specialties. It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE AGREEMENT WITH LIONS CLUBS FOR
“CHRISTMAS IN THE PARK” EVENT IN THE GREENWAY

The staff report from the Greenway Coordinator relating to Christmas in the Park event in the Greenway,
with recommendation for approval of the agreement between the City of Grand Forks and the three Lions Clubs, with the agreement to allow the Lions to install the necessary electrical equipment to hold an annual Christmas in the Park event in the former Lincoln Drive neighborhood.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

AUTHORIZE STAFF TO DEVELOP AND COORDINATE
A HOUSING FAIR IN CONJUNCTION WITH 2002 HOME
BUILDERS SHOW

The staff report from the Office of Urban Development relating to Housing Fair, with recommendation to authorize staff to develop and coordinate a Housing Fair in conjunction with the 2002 home builders show.

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

APPROVE TRANSFER OF OWNERSHIP OF HOUSE
AT 502 RIVER STREET AND VACANT LOT TO EASTER
SEALS/GOODWILL OF NORTH DAKOTA

The staff report from the Office of Urban Development relating to request from Easter Seals/Goodwill for house and relocation lot, with recommendation to transfer ownership of house at 502 River Street and vacant lot at 412 South 4th Street to Easter Seals/Goodwill of North Dakota.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE DOWNTOWN TENANT APPROVAL PROCESS

The staff report from the Office of Urban Development relating to downtown tenant approval process, with recommendation to authorize the Urban Development director to approve, in consultation with the Downtown Leadership Group, tenants proposed to occupy downtown buildings as necessary to comply with grant agreement provisions.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE WIRELESS COMMUNICATION PREMISES SITE

AGREEMENTS WITH BWI MIDWEST OPERATING COMPANY

The staff report from the director of Public Works relating to matter of wireless communication premises site lease agreements, with recommendation to approve wireless communication premises site lease agreements with BWI Midwest Operating Company.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

PORTFOLIO MANAGEMENT REPORT

A report from the finance department was presented for the council’s information.

ADOPT FINAL BUDGET FOR THE CITY OF GRAND
FORKS FOR 2002 AND ANNUAL TAX LEVY

The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 2002 would be presented to the city council this evening at 7:00 o’clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2001.

The staff report from the city auditor relating to the 2002 final budget adoption, with recommendation to adopt the final budget for 2002, approve Annual Appropriation Bill and Tax Levy and certificate of Levy.

Mayor Brown opened the public hearing and asked for comments from the audience; there were no comments and the public hearing was closed.

Council Member Brooks suggested that each council member be allowed to make a comment and then proceed with the vote, unless there are objections. There were no objections and comments were made by several council members.

The city auditor stated that the council would be making a recommendation tonight to adopt the final budget for 2002 and approve the annual appropriations bill and tax levy and certificate of levy. Council Member Burke asked if the budget could be amended before the deadline for filing it with the County as the Transportation Committee is considering fare increases and also considering elimination of the night bus service and there is a possibility to both increase revenue and reduce expenses which might reduce the need for the local subsidy. He stated he thinks it would be appropriate if that were to happen, to reduce the local levy dedicated to Public Transportation by the appropriate amounts, and would like to see us get back to the 4 mills for public transportation that this community actually voted in favor of rather than the 4.6 or 4.7 that we’re up to now because of escalating mathematics that was done over the years. Mr. Swanson stated this would go back to procedural rules as to whether or not it would require a reconsideration or not, that if not occurring at your next meeting a motion to reconsider cannot be brought up at later date, but would have to handle it as a motion to rescind and would require a majority vote. He stated they amend the budget when have unanticipated revenues or revenues not included, but didn’t believe they could amend the motion as a procedural matter at a meeting that occurs beyond a motion to reconsider.
It was moved by Council Member Kreun and seconded by Council Member Kerian to approve the 2002 budget and adoption of the resolution and certificate of levy which is $10,770,436, and to introduce the following resolution and adopt the budget: Document No. 8097 - Resolution.

Upon call for the question of adoption of the resolution and certificate of levy and upon roll call vote the following voted “aye”: Council Members Gershman, Christensen, Klave, Kerian, Kreun, Martinson, Hamerlik, Glassheim - 8; voting “nay”: Council Members Brooks, Bjerke, Stevens, Burke - 4. Mayor Brown declared the motion carried and the budget adopted.

INTRODUCE ORDINANCE AMENDING THE COMPRE-
HENSIVE PLAN AMENDING THE NON-MOTORIZED
BRIDGE STUDY OF THE BIKEWAY ELEMENT OF THE TRANSPORTATION PLAN, AND SET PUBLIC HEARING

The staff report from the Planning and Zoning Commission relating to the matter of request from the Grand Forks Planning and Zoning Department for preliminary approval of an ordinance to amend Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2000 Bikeway Element, 1999 Pedestrian Element, 2000 Transit Element, Year 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element), together with all maps, information and data contained therein, with recommendation for preliminary approval of an ordinance amending the Non-Motorized Bridge Study of the Bikeway Element of the Transportation Plan, recommend to the city council to give preliminary approval to the ordinance and set a public hearing for September 17, 2001.

It was moved by Council Member Klave and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 11 votes affirmative; Council Member Bjerke voted against the motion.

Council Member Klave introduced an ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2000 Bikeway, 1999 Pedestrian Element; 2000 Transit Element, 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element)”, which was presented, read and passed on its first reading.

APPROVE LIQUOR LICENSE FOR ENGELSTAD ARENA

The staff report from the finance department relating to liquor license for Engelstad Arena (Class 8.3 Engelstad Arena license), with recommendation to approve contingent upon the approval of the city attorney and sign off by other appropriate departments.

It was moved by Council Member Martinson and seconded by Council Member Kerian that this recommendation be and is hereby approved. Upon voice vote, the motion carried 11 votes affirmative; Council Member Bjerke voting against the motion.

APPROVE CHANGE ORDER #3 FOR PROJECT NO. 4371,
WASTEWATER TREATMENT PLANT, PROCESS EQUIPMENT
The staff report from the Engineering Department relating to Change Order No. 3, City Project No. 4371, Wastewater Treatment Plant, BDT/LPH Process Equipment Bid Package No. 1, with recommendation to approve Change Order No. 3 to the BDT/LPH contract in the amount of $662,282.00.

Council Member Bjerke stated he wished to remind everyone that several months ago the cost of the plant was estimated at $29 million, then increased to $30.5 million, and were told that it would hopefully stop at $32 million and information now received it is over $33 million, that this project almost done and have to finish it, but when this is finished they need to review and see what happened so it won’t happen again.

Council Member Christensen stated that it is incumbent upon this body to look at how we got from $19 million to over $33 million, that the Engineering Department is working on the report re. this project; and what causes him more concern is that we have a water treatment facility for future construction, have monies in reserve in enterprise funds that will exceed $8.1 or 8.3 million at the end of this year, the water treatment facility that is being planned is incredibly big ticket item but as an adjunct to our wastewater treatment facility and the proposed water treatment facility, we have another facility they will be asked to review and begin construction of is the compost facility which will be built adjacent to the wastewater treatment facility. He stated we have to ask what our capacity is for debt and how large a water treatment facility do we want to build as opposed to our propensity for growth - and noted that one of the cells in the wastewater treatment plant was an afterthought (5 out there now), and before go on any additional projects that we get a handle on this project and when complete this project, then begin an informed analysis of the water treatment facility.

Council Member Kreun stated that the proposed composting facility is not a composting facility (which could be an add on later at some point in time) but is a residual materials processing portion at the plant that is required by State law and has been included in the program since beginning and not an afterthough or add on - that part of the project has to be done because of the levee system that is taking the existing building out - not a composting facility but a residuals materials facility that has to be built and will have time to bid the project out rather than a design-build project as with the other portion of the plant and will take materials from both the water treatment plant and the wastewater plant and utilized.

It was moved by Council Member Martinson and seconded by Council Member Kreun that the recommendation for approval of the change order in the amount of $662,282.00 be approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE BIDS FOR CITY PROJECT NO. 4769, RAW WATER
INTAKE AND TRANSMISSION PIPELINES, PART I - INTAKE
CAISSON, GRAVITY TRANSMISSION PIPELINES, AND RIVER
INLETS

The staff report from the Engineering Department, relating to consideration of bids for City Project No. 4769, Raw Water Intake and Transmission Pipelines - Part I - Intake Caisson, Gravity Transmission Pipelines, and River Inlets, with recommendation to review the information presented within the staff report, review additional information to be provided via memorandum and ultimately approve award of a construction contract for the project with possible deductive alternate considerations. The city engineer’s recommendation to award the project to Construction Engineers in the amount of $11,534,000 contingent on contractor approval of Change Order #1 as a deduct of $1,960,000.
Al Grasser, city engineer, reported that this is part of the entire water transmission intake process in which they’ve been bidding about five different steps in this process - the prior major components have all come in under bid but the engineer’s estimate on this project was about $8.4 million and the low bid received from Construction Engineers for $11.5 million and is several million dollars above the budget; that they evaluated it and had the consultant go through and look at some alternatives, re-evaluate costs and challenge the contractor; and the part of the bid that appears to be causing the problem is the directional boring bid, that there are few contractors in the world that can do that kind of work - they did receive two bids and they asked consultant to talk to the contractors and look at some alternatives, some of those are outlined in the letter from Advanced Engineering , and in his analysis they acknowledge the original bid they have is the best product that meets all the original goals of having redundancy and capability to deliver water to the raw water intake structure which is also a part of this bid and to the water treatment plant, the savings in Alternative No. 2 were very tempting - the original bid called for 2 30” lines to the Red Lake River and 2 30” lines to the Red River; Alternate No. 2 would maintain the dual 30” lines to the Red Lake River but would drop the Red River to 1 pipe but up-size it to a 36” line; that does compromise some of the redundancy factors and future capacity issues that we may have to deliver water to the water treatment plant but it pushes those issues out far enough in the future and the risks are reduced to a point that bears some consideration, and thought that for a savings of $2 million it was a satisfactory trade off and that’s what compromised his recommendation.

Council Member Kreun asked if he felt comfortable with Alternate No. 2, that we could accomplish the goals we set out to without restricting our growth. Mr. Grasser stated that the ramifications of Alternate No. 2 won’t show up for quite a few years - we are somewhat placing a potential future burden on a future city council, that with the 36” line we have a little bit less capacity to draw water out of the Red, won’t impact us now or the immediate future, may down the line. He stated what makes the difference between leaving the dual 30’s at the Red Lake and the single at the Red River, is given the anticipated technology, have one shot to put in the dual lines to the Red Lake River, and the Red because of number of technicalities of how it’s arranged, thinks can add that in the future, physically able to do it, but cheaper now. that we’re compromising some but we’re not excluding any future options.

Mr. Grasser stated that the original bid is the best project to accomplish all the goals we had set, but the $2 million is a big dollar savings that is tempting, and that is his recommendation - Alternate No. 2.

Steve Burian, vice president of Advanced Engineering, engineering consultant for the project, stated that the capacity for the Red River with 2 30” lines was 33 mgd and capacity with one single 36” pipe is 28 mgd and not a significant compromising capacity because looking so far in the future - the major difference between a water treatment plant or a wastewater treatment plant and an intake structure is the length of time over which you think that’s going to last.

Council Member Burke questioned the difference between the Engineer’s estimate and the low bid, if directional boring and only a couple places to go to do the research on what it’s going to cost, and why off so much. Mr. Grasser stated that Advanced Engineering had 3 estimators come to town and give a budget number a year ago and that’s the only way to come up with that number is to ask that contractor and the number they gave us is significantly different than the number they bid (all of the $3 million). Mr. Burian stated that the concrete caisson that they designed and included as part of the bid, their numbers were within 5% on caisson structure, concrete substructure but in terms of the difference all of the difference was in the horizontal directional drilling.

Council Member Burke moved that we accept the bid of Construction Engineers with Alternate No. 2. Council Member Kreun seconded the motion.

There was some discussion as to the amount of water currently being taken out of the river today, Mr. Burian stated the capacity of the water treatment plant today is 16.5 mgd and highest pumped is 17.5 mgd in 1989 in case where plants are designed to be more effective that they are, in terms of today guess on an average day probably pump 8 mgd. Council Member Christensen stated the capacity we’re talking about adding is 3.5 times and questioned why have 2 pipes out of the Red River and 2 out of the Red Lake River which was the original plan, capacity. Mr. Burian stated it is very complicated process, and want to compare the 16.5 mgd capacity to the 25 mgd because all of your supply and treatment facilities are designed for peak day, not for average day and everything designed is on a peaking factor and the City has used the peak capacity of the plant and that’s what based the 25 mgd on. He stated reason why had 2 lines instead of 1 is that we could not physically get enough capacity with a single line based on the limits of the directional drilling and redundancy is an attempt to provide the capacity objective as well as if 1 line or 1 screen were to get plugged, or problem with 1 line, would have the redundant line of providing, and combination of redundancy and capacity that prompted the 30” designs under the original plans.

Council Member Christensen asked if it was Advanced Engineering’s recommendation to go with the original plan and accept the bid even though it’s $3.1 higher; and what would be the additional cost as far as financing goes if build the original plan. Mr. Burian stated that there is a large portion of these projects that were included in the levee and overlap between the State funding the City is receiving and the special assessments that already planning to pay and when the water system was written up in the paper and the levee was written up in the paper, really need to take some of the overlap out of there - this particular project is 100% eligible for Corps/local match, and also need to be aware that your local match is going to run into ceiling at some point and even though this project is totally fundable, he’s not in a position to know how the acquisitions are coming in terms of budget and other things paying for on a local level, other than the $4 million they were able to save on the water system so far with the bids that were brought in, but in terms of if can keep the ceiling on the flood project and the local match, this project would actually cost the water utility nothing, would get the 45% match from the State and 55% financed through the Water Utility but repay it through the planned special assessment and the real cost, stressing that you don’t exceed your local match, would be actually zero cost to the City as previously presented.

Council Member Christensen stated if we went with the original plan, this is crucial to what we have to have as far as taking water out of the rivers in the future, whether the City grows to 60,000 or to 50-55,000, and if we have to decide tonight or wait another week. Mr. Grasser stated we are substantially behind schedule on this and some of this work has to be done before Phase III of the levee can be constructed - he didn’t think they would know any more in a week re. financing than do now, that there are indications now where running into the upper limit of some of the State participation, there’s a cap on that but we’re so early in the process there’s no way to give a definitive answer on that issue, but signs starting to come up that we may start running into this limit and that’s part of what’s factored into his recommendation to save that money, that the number of capacity are numbers they won’t be seeing for 30 years plus, that we have enough capacity in there to take us out a long time. He stated that he thinks Alternate No. 2 is reasonable; that original bid is best and gives good redundancy and good capacity and would be the best option, but make additional payments now.

After further discussion and upon call for the question, the city auditor read the motion which is to recommend award of the project to Construction Engineers in the amount of $11,534,000 contingent upon the contractor’s approval of Change Order #1 as a deduct of $1,960,000.
Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none Mayor Brown declared the motion carried.

APPROVE AND AUTHORIZE EXECUTION OF THE COST
PARTICIPATION AND MAINTENANCE AGREEMENT WITH
THE NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
FOR PROJECT NO. 5242, OVERLAY WASHINGTON FROM
HAMMERLING TO 8TH AVENUE NORTH

The staff report from the Engineering Department relating to Cost Participation and Maintenance Agreement for City Project No. 5242, Overlay Washington from Hammerling to 8th Avenue North, with recommendation to approve and authorize the execution of the Cost Participation and Maintenance Agreement with the North Dakota Department of Transportation.

Council Member Burke questioned the right turn on red and if we could communicate to the
State Department of Transportation that we would appreciate if they not add any additional “no right on red” signs on this project in case that’s is part of their contemplation.

It was moved by Council Member Klave and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 11 votes affirmative; Council Member Martinson voted against the motion.

MATTER OF AFFORDABLE HOUSING WHITE PAPER

The staff report from Urban Development Office relating to Affordable Housing White Paper, with recommendation to provide policy direction to staff regarding program development and implementation.

It was moved by Council Member Kreun and seconded by Council Member Klave to receive and file the report. Carried 12 votes affirmative.

APPROVE MINUTES AUGUST 6 AND 13, 2001

Typewritten copies of the minutes of the city council meetings held on Monday, August 6 and of special meeting held on Monday, August 13, 2001, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kreun to approve the minutes. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 01-16, dated August 20, 2001 and totaling $633,527.03, were presented and read.

It was moved by Council Member Bjerke and seconded by Council Member Brooks 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, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

MAYOR AND COUNCIL COMMENTS

1) Council Member Burke questioned when they would have to make decision on southend dike alignment - it was noted the 30th of this month.

2) Council Member Burke stated that in the budget discussions that were held on Wednesday evenings, they talked about the funding for Arts and Events, and he had stated he would bring it up later on the issue of perhaps putting to a public vote the creation of an Arts and Events Commission, funded with a dedicated mill levy rather than continuing to take the monies we have from the economic development line item in the budget and out of the sales tax, and asked if the city attorney could meet with him at some point to discuss the mechanism for that, what they would need to do and how might want to structure a voting item to get on next summer’s city ballot.

3) Council Member Hamerlik stated that several months ago he had requested some information on the Gateway underpass for students going to school, condition of plexiglas, and for beautification should be looking at that.

4) Council Member Hamerlik stated that several months ago he had brought up matter that former public safety committee had - street signs and the abundance of them and beautification of it, not a small project and nothing they can discuss until there is some plan to it but need to bring that out and that be re-instituted.

5) Council Member Hamerlik reported that the Public Transportation Committee met at 6:15 p.m. this evening and topic of discussion was proposed increase in bus fares and had staff’s recommendations and several people made short presentations and discussion, time ran out at 7:00 and that he adjourned the meeting with the assumption that next Monday at 6:00 p.m. Public Transportation will meet again and discuss the possibility of bus fare increases, that will allow them to get that to a public hearing which has been scheduled because of tonight’s meeting, a motion was passed to have a public hearing on September 6 at 8:00 p.m. (there is a flood protection meeting at 7:00) and allow some of the people to attend both of them; next Monday at 6:00 p.m. Public Transportation and public hearing for fare increases Wednesday, September 6 at 8:00 p.m. - he also reminded that on the 28th of August there will be a public hearing on the possibility of eliminating night bus service.

AMEND AGENDA; CONSIDER CITY’S PARTICIPATION
IN COST OF RAISING RR TRACKS NEAR CHURCHES
FERRY TO CONTINUE AMTRAK SERVICE

6) Council Member Stevens stated that last Friday they met with Joe Belford and the mayor of Devils Lake concerning the BN situation concerning Amtrak, that they asked Grand Forks to participate in a city-share of cost of raising the railroad tracks three feet so that Amtrak could continue, that the cities of Fargo, Minot, Devils Lake, and Rugby also were asked to participate in the $100,000 share so the project could proceed, that it was not placed on tonight’s agenda. Mr. Swanson stated under procedural rules an item that is not on the agenda may be added by unanimous consent of the body or could be referred with power to act at your next meeting.

Council Member Stevens moved to amend the agenda to add the matter of the Burlington Northern track raising near Churches Ferry and that the City would provide $25,000 for that project. Council Member Gershman seconded the motion. Carried 12 votes affirmative.
It was moved by Council Member Stevens and seconded by Council Member Martinson that we contribute $25,000 from the excess sales tax funds to raise the railroad tracks near Churches Ferry in order to continue Amtrak service to our area.

There was some discussion as to the funding source and whether the motion was contingent upon the other cities making a contribution. The city auditor stated that we have excess sales tax monies to fund this. Council Member Stevens stated that we need to make a firm commitment to do that so that this project can go forward and that the motion is without contingencies.

Council Member Burke stated that as we are anticipating a balance in the Public Transportation Fund at the end of the year; and that since we have a levy specifically for public transportation, made an amendment to the motion that we take the $25,000 from the Public Transportation Fund. There was no second and the motion died.

Upon roll call the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun, Martinson - 10; voting “nay”: Council Members Bjerke, Burke - 2. Mayor Brown declared the motion carried.

7) Council Member Bjerke suggested having contingency fund where it would force us to pick projects and only spend a certain amount of money.

8) Council Member Bjerke also suggested that when have two meetings scheduled for the same evening, suggested if possible for the mayor’s office or public information to set up a system where the staff scheduling the meeting could have calendar to prevent having meetings which council members need to attend at the same time. Mayor Brown suggested that Info. Center make note of that.

9) Council Member Brooks suggested two items for consideration on next committee of the whole meeting: that all council members received a memo from Terry Hanson, Urban Development, regarding CVIC and the Northland’s Rescue Mission and their budget situation; and the other item is the need to support and see that we carry through with our budget as presented, and would like an agenda item added for committee of the whole meeting re. financial reporting guidelines so they are able to monitor that budget and our financial situation.

AUTHORIZE THAT INCREASE IN PERMIT FEES EFFECTIVE.
SEPTEMBER 1, 2001 NOT BE COLLECTED ON PERMITS
FOR STORM DAMAGE WITH SUNSET OF DECEMBER 31, 2001

10) Council Member Klave asked for special consideration of an additional item by council, that effective September 1 there is a 20% rate increase in our permit fees and would like to recommend that we give those people that are pulling permits for damage from the windstorm a deduct of that increase so that they are paying the current cost but give staff a good way to determine how much was taken out for permits related to storm damage only. He moved to amend the agenda to include this item for consideration this evening; the motion was seconded by Council Member Kreun. Carried 12 votes affirmative.

Council Member Klave moved that the rates for increase in permit fees effective September 1, 2001 not be collected on repairs for storm related damage from the windstorm, and that there be a deduct on the permit in the amount of the increase in permit fees, with a sunset clause of December 31, 2001. Council Member Kreun seconded the motion.

Council Member Christensen stated he would like to waive the fee for this disaster, and should consider in the future that we not have any building permit requirement when there is a disaster, esp. as an emergency and could then track that quite easily. It was noted that the rate increase goes into effect September 1, and Council Members Hamerlik and Christensen moved an amendment that there be no fee charged for any storm related incident. The question was raised as to how determine who had storm damage and who didn’t; Mayor Brown stated would take people at their word.

Mr. Grasser stated that most of this damage would be covered by their Homeowners insurance, the building fees would be recoverable through that insurance, the inspections will occur and the expenses of paying the inspectors to do that will be there, that this will maintain some expense but will forego that revenue.

Bev Collings, Inspections, stated she is not sure of an estimate on number of buildings damaged, perhaps 25 to 35% of all houses had some damage to roofs, windows, etc. and that most covered by insurance, that since the hail storm in June, been running a lot of permits, and asked what about those people, seems like good thing to do to reduce or not charge a fees, but doesn’t see as a practical matter to do, and other issues is that she may have to hire additional staff to cover those inspections.

Upon call for the question on the amendment (no fees for storm related damages until 12/31/01) and upon voice vote, the motion failed.

Upon call for the question on the original motion (to stay the increase until 12/31/01 for storm-related repairs) and upon voice vote, the motion carried 12 votes affirmative.

11) Council Member Martinson reminded city council that on Thursday, August 23, at 10:00 a.m. the Relocation Appeals Board will be meeting in the council chambers and they will be hearing three cases.

12) Todd Feland, public works, reported that the landfill meetings are scheduled as follows: Manvel at 7:00 p.m. on Wednesday, August 22, at public school; Grand Forks at the Alerus Center on Thursday, August 23. The meetings are not set up as an answer session or for open-mike but are set up that the people at those meetings take those concerns and questions and look at them to see if should be incorporated into the document itself.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Kerian that we adjourn. Carried 12 votes affirmative.

Respectfully submitted,

John M. Schmisek, City Auditor
Approved:
_____________________________
Michael R. Brown, Mayor