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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 3, 1994

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, October 3, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Hanson - 1.

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

APPROVE MINUTES AUGUST 1 AND 15, 1994

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, August 1, 1994 and Monday August 15, 1994, respectively, were presented and read. It was moved by Council Member Hagness and seconded by Council Member Beyer that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3456, AMENDING ADMINIS-
TRATIVE REGULATION NO. 1, FISCAL PROCEDURE

An ordinance entitled "An ordinance amending Administrative Regulation No. 1 - Fiscal Procedure", which had been introduced and passed on its first reading on September 19, 1994, was presented and read for consideration on second reading and final passage.

Mayor Polovitz expressed some concern about potential of effect of ordinance on total budget, concern about change in procedure, that largest part of budget is in wages and concern re. transfer of monies from Wages and Salaries to any other category, and that budget should be adhered to as strictly as possible.

Council Member Carpenter stated that the council did pass a resolution that those transfers (into or from wages and salaries) be reported back to the council so that if there were any abuse, the council would be made aware of that; that he thinks they need to allow department heads to exercise their best judgment. He stated that council will still control amount of dollars allocated, this gives department heads ability to manage.

Council Member Geller stated they had discussed this at committee level, that it's an issue of whether want department head to manage their budget, that they are not changing total amount of money going to that department, transfers within vested amount of money.

After considerable discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": Council Member Glassheim - 1. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3457, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (MIS
DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (MIS department), which had been introduced and passed on its first reading on September 19, 1994, was
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presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3458, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(EMERGENCY MANAGEMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Emergency Management), which had been introduced and passed on its first reading on September 19, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3459, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(EMERGENCY MANAGEMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Emergency Management), which had been introduced and passed on its first reading on September 19, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3460, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(COMMUNITY RELATIONS OFFICER)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Community Relations Officer), which had been introduced and passed on its first reading on September 19, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3461, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (FIRE
DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Fire Department), which had been introduced and passed on its first reading on September 19, 1994, was presented and read for consideration on second reading and final passage.
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Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3462, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (STREET
DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Street Department), which had been introduced and passed on its first reading on September 19, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

REPORTS OF OFFICERS

The city auditor's investment activity summary for period ending September 30, 1994 was presented and read. It was moved by Council Member Geller and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-17 dated October 3, 1994, and totaling $601,825.71, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Hoeppner 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 Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL TO APPLICATION BY
TECHNOLOGY APPLICATIONS GROUP, INC. (TAG) FOR
FIVE-YEAR PROPERTY TAX EXEMPTION AND SET
PUBLIC HEARING FOR NOVEMBER 7, 1994

Committee No. 1, Finance, reported having considered the matter of tax exemption for Technology Applications Group, Inc. (TAG), and recommended preliminary approval of the exemption on a graduated scale of 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year, subject to review of the city attorney and the city assessor and to set the public hearing for November 7, 1994.

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

GRANT PRELIMINARY APPROVAL FOR BONDING FOR
EXPANSION OF FTZ BUILDING
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October 3, 1994

Committee No. 1, Finance, reported having considered the matter of bonds for expansion of FTZ building, and recommended to grant preliminary approval of up to $650,000 in bonds subject to review of bond counsel and financial advisor with a public hearing set for November 7, 1994.

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

ESTABLISH POLLING PLACE AND APPOINT ELECTION
OFFICIALS FOR GENERAL ELECTION NOVEMBER 8, 1994

Committee No. 1, Finance, reported having considered the matter of polling places for November 8 election, and appointment of election inspectors, and recommended that the polling places and inspectors of election be approved as listed.

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

APPROVE CANCELLATION OF SIDEWALK ASSESSMENTS
FOR PROPERTY AT 1132 SOUTH 12TH STREET UNDER
CIP POLICY

Committee No. 1, Finance, reported having considered the application for sidewalk assessment cancellation under CIP policy for low and mod. income at 1132 South 12th Street, and recommended to approve sidewalk cancellation for 1132 South 12th Street in the amount of $923.89.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE EXPENDITURE OF MONIES FROM DEFICIENCY
FUND FOR RENOVATION OF PROPERTY IN CITY CENTER MALL

Committee No. 1, Finance, reported having considered the matter of City-owned property in City Center Mall, renovation of former Craft Shoppe property to allow expansion of Bon Voyage Travel Agency, and recommended to approve expenditure of $12,000 from Deficiency Fund to be paid back through lease income.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION RELATING TO $1,925,000
SEWER RESERVE REVENUE BONDS, SERIES 1994-D,
AND CALLING FOR THE PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of bond resolution relating to $1,925,000 Sewer Reserve Revenue Bonds, Series 1994-D, and recommended that we adopt a resolution relating to the issuance of $1,925,000 Sewer Revenue Bonds, Series 1994-D, and calling for the public sale thereof, and set date of sale as November 7, 1994.

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

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6353 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe and upon vote being taken thereon the following voted in favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; 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 INITIAL RESOLUTION AUTHORIZING ISSUANCE
AND CALL FOR THE PUBLIC SALE OF GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1994-C, AND SET DATE
OF SALE AS NOVEMBER 7, 1994

Committee No. 1, Finance, reported having considered the matter of bond resolution for $265,000 tax increment bonds for Grand Forks Roadrunner Investments, and recommended that we adopt the initial resolution authorizing issuance and call for the public sale of general obligation tax increment bonds, Series 1994-C, with a term of 15 years, and set date of sale as November 7, 1994.

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

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6354 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; 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 $2,470,000
REFUNDING IMPROVEMENT BONDS, SERIES 1994-B, AND
CALLING FOR THE PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of bond resolution relating to refunding improvement bonds, and recommended that we adopt a resolution relating to $2,470,000 Refunding Improvement Bonds, Series 1994-B, and calling for the public sale thereof, and set date of sale as November 7, 1994.

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

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6355 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe and upon vote being taken thereon the following voted in 13740
October 3, 1994

favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; 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.

INTRODUCE ORDINANCE AUTHORIZING THE INCURRING
OF DEBT PAYABLE FROM HOTEL-MOTEL TAX PROCEEDS
TO FINANCE COST OF CAPITAL IMPROVEMENTS AND
ESTABLISHING PROCEDURES THEREFOR

Committee No. 1, Finance, reported having considered the matter of issuing $700,000 CVB Revenue bonds, and recommended that we introduce an ordinance authorizing the incurring of debt payable from Hotel-Motel Tax proceeds to finance the costs of capital improvements and establishing procedures therefor.

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

Wally Dornfeld, Springsted, Inc., financial consultant to the City, and the city auditor reported that the Convention/Visitors Bureau had postponed opening bids from September 28 to October 12 and that they need to wait until bids received to set parameters of the issue.

After further discussion, the motion carried 13 votes affirmative.

Council Member Geller introduced an ordinance entitled "An ordinance authorizing the incurring of debt payable from hotel-motel tax proceeds to finance the costs of capital improvements and establishing procedures therefor", which was presented, read and passed on its first reading.

APPROVE JOB DESCRIPTION FOR DEPUTY FIRE
CHIEF

Committee No. 1, Finance, and Committee No. 2, Public Safety, reported having considered the matter of job description for deputy fire chief, and recommended to approve the new job description.

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

Council Member Babinchak asked whether the evaluation had been done on the job description and whether it indicated a change in grade. Jay Graba, personnel officer, reported he had reviewed and that there would be no increase because of the change in education requirement.

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

APPROVE GRANT AGREEMENT WITH KNIGHT FOUNDATION
FOR TWO-YEAR GRANT

Committee No. 2, Public Safety, reported having considered the matter of the agreement with John S. and James L. Knight Foundation for two-year $25,000 grant for public awareness/education initiative to improve immunization rate of infants and toddlers from birth through age 2, and recommended to accept the grant and to approve two-year grant agreement with John S. and James L. Knight Foundation in the amount of $25,000.

It was moved by Council Member Johnson and seconded by Council Member Hoeppner 13741
October 3, 1994

that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE IN PERMIT LIMIT FOR RDO FOODS

Committee No. 3, Public Service, reported having considered the matter of change in permit limit for total suspended solids for RDO Foods Co., and recommended to approve increase (from 2100 mg/l to 3750 mg/l).

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

ACCEPT BIDS FOR SALT AND SAND FOR 1994-95
SEASON

Committee No. 3, Public Service, reported having considered the matter of bids for salt for street department, and recommended that we accept the bid of North Central Jobbers for 295 tons of rock salt in the amount of $9,838.25.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of bids for sand for street department, and recommended to accept the bid of Melvie Trucking for 5,500 tons washed sand in the amount of $34,320.00, contingent upon meeting specs.; and that if sand doesn't meet specs. to accept the bid of next lowest bidder.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DECLARE ASPHALT PAVING MACHINE AS SURPLUS
AND OFFER FOR SALE

Committee No. 3, Public Service, reported having considered the matter of surplus property: asphalt paving machine from street department, and recommended to declare the equipment as surplus and to offer for sale.

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

APPROVE PRELIMINARY CONCEPT REPORT FOR PROJECT
NO. 4250, BIKEPATH ALONG 24TH AVENUE SOUTH AND
SOUTH 34TH STREET

Committee No. 3, Public Service, reported having considered the matter of Project No. 4250, bikepath along 24th Avenue South and South 34th Street from 29th Street to 32nd Avenue South, preliminary project concept report, and recommended approval of the preliminary concept report.

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

APPROVE PLANS AND SPECS. FOR PROJECT NO.
4231, PAVING 7TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4231, paving 7th Avenue North in Sun Land West 1st Addition, and recommended to approve plans and specifications.

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

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH ND DEPARTMENT
OF TRANSPORTATION, PROJECT NO. 2947

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with the North Dakota Department of Transportation for Project TEU-6-986(032)035, City Project No. 2947, bikepath from DeMers to 17th Avenue South along the English Coulee, and recommended that we authorize proper City officials to sign the agreement.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH ND DEPARTMENT
OF TRANSPORTATION, PROJECT NO. 4044

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with North Dakota Department of Transportation, State Project No. SU-6-986(034)037, City Project No. 4044, 6th Avenue North reconstruction from Columbia Road to State Street, and recommended that we authorize proper City officials to enter into the agreement.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO URBAN PROJECT AGREEMENT
WITH ND DEPARTMENT OF TRANSPORTATION, CITY PROJECT
NO. 4260

Committee No. 3, Public Service, reported having considered the matter of urban project agreement with North Dakota Department of Transportation, project No. BRU-6-986(036)039, City Project No. 4260, bridge replacement on Mill Road at English Coulee, and recommended that we authorize the proper City officials to enter into the agreement.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness 13743
October 3, 1994

- 13; voting "nay": none. Mayor Polovitz declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SIDEWALK
PROJECT NO. 4252, DISTRICT NO. 11

The city auditor presented and read tabulation of bids which had been received and opened on September 26, 1994 for Sidewalk Project No. 4252, District No. 11, sidewalk in easement in Haake's 5th Addition, indicating that Wes Rogers Construction was the low bidder based upon their bid in the amount of $3,185.00: Document No. 6356 - Bid Tabulation.

The city engineer's estimate of total cost on Sidewalk Project No. 4252, District No. 11, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4252, District No. 11, sidewalk in Haake's 5th Addition, and recommended that we accept the low bid of Wes Rogers Construction in the amount of $3,185.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6357 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Sidewalk Project No. 4252, District No. 11, to Wes Rogers Construction be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT NO.
4249, DISTRICT NO. 236

The city auditor presented and read tabulation of bids which had been received and opened on September 26, 1994 for Watermain Project No. 4249, District No. 236, watermain on 26th Avenue South from South 20th Street to South 21st Street, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $21,450.00: Document No. 6358 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 4249, District No. 236, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4249, District 236, watermain on 26th Avenue South from 20th to 21st Avenues South, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $21,450.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6359 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik
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that this resolution awarding the contract for Watermain Project No. 4249, District No. 236, to Molstad Excavating, Inc., be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO. 4236,
DISTRICT NO. 353

The city auditor presented and read tabulation of bids which had been received and opened on September 26, 1994 for Sewer Project No. 4236, District No. 353, sanitary sewer on 24th Avenue South from South 35th to South 38th Street, indicating that Duckstad Contracting, Inc. was the low bidder based upon their bid in the amount of $109,981.80: Document No. 6360 - Resolution.

The city engineer's estimate of total cost on Sewer Project No. 4236, District No. 353, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Sewer Project No. 4236, District No. 353, sanitary sewer on 24th Avenue South from South 35th Street to South 38th Street, and recommended to accept the low bid of Duckstad Contracting, Inc. in the amount of $109,981.80.

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

Council Member Babinchak asked that she be excused from voting on this matter. It was moved by Council Member Hagness and seconded by Council Member Beyer that Council Member Babinchak be excused from voting. Carried 12 votes affirmative.

The motion carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6361 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Sewer Project No. 4236, District No. 353, to Duckstad Contracting, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 12; voting "nay": none; Council Member Babinchak passing her vote. Mayor Polovitz declared the resolution adopted and the contract awarded.

APPROVE ADDENDUM NO. 1 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4223, BRIDGE AT 27TH
AVENUE NORTH AND NORTH 55TH STREET

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Project No. 4223, bridge at 27th Avenue North and North 55th Street, and recommended to approve Addendum No. 1 at an hourly rate, with a maximum of $2,500.00.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
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REJECT ALL BIDS FOR WATERMAIN PROJECT NO.
4243, DISTRICT NO. 235, AND AUTHORIZE
INSTALLATION BY PRIVATE CONTRACTOR

The city auditor presented and read tabulation of bids which had been received and opened on September 26, 1994 for Watermain Project No. 4243, District No. 235, watermain on North 44th Street and 24th Avenue North, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $91,350.00: Document No. 6362 - Resolution.

The city engineer's estimate of total cost on Watermain Project No. 4243, District No. 235, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4243, District No. 235, watermain on North 44th Street and 24th Avenue North, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $91,350.00.

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

It was moved by Council Member Hagness that we reject all bids based upon recommendation of the city engineer as bids came in at least a third higher than the engineer's estimate; seconded by Council Member Klave. Carried 13 votes affirmative.

It was moved by Council Member Hagness and seconded by Council Member Beyer that the property owner be allowed to construct the watermain to City specifications. Carried 13 votes affirmative.

APPROVE CHAS AMENDMENT

Committee No. 4, Urban Development, reported having considered the matter of CHAS amendment, and recommended that we add congregate housing on the CHAS list as an identified housing need in the city of Grand Forks.

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

DENY REQUEST FROM PRAIRIE HARVEST FOR FUNDING
THROUGH STOREFRONT PROJECT

Committee No. 4, Urban Development, reported having considered the matter of request from Prairie Harvest for funding for handicapped accessibility at 930 North 3rd Street through Storefront Project, and recommended that we deny the request.

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

ACCEPT BIDS FOR FTZ BUILDING EXPANSION

Committee No. 4, Urban Development, reported having considered the matter of award of bids for FTZ building expansion, and recommended to accept the flow bid of Innes Construction Company, Inc. in the amount of $389,000.00 for general construction, contingent upon execution of letter of intent to enter into lease agreement by Technology Applications Group, Inc. (TAG)

It was moved by Council Member Glassheim and seconded by Council Member Beach
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that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE STAFF TO PREPARE RFP FOR A/E SERVICES
FOR INFILL HOUSING

Committee No. 4, Urban Development, reported having considered the matter of RFP for architectural/engineering services for Infill Housing, and recommended to direct staff to prepare request for proposal for Infill Housing.

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

ACCEPT BID FOR DRIVEWAY CONSTRUCTION IN
BURDICK'S ACRES

Committee No. 4, Urban Development, reported having considered the matter of bids on driveways in Burdick's Acres, and recommended approval of the bid of Sherlock Homes for $29,875.00 for the 11 houses.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE LEASE AMENDMENT OR LETTER OF INTENT
TO TECHNOLOGY APPLICATIONS GROUP, INC. LEASE
AT FTZ BUILDING

Committee No. 4, Urban Development, reported having considered the matter of Technology Applications Group, Inc. (TAG) lease agreement, and recommended to adopt concept of issuing letter of intent, contingent upon review and approval of the city attorney.

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

Howard Swanson, city attorney, reported he had reviewed letter of intent and minutes and questioned why not just enter into the lease with TAG. Mr. O'Leary reported that they do not know total cost of the building, but need to commit TAG to lease agreement. Mr. Swanson stated he had some concerns whether City or TAG properly secured by letter of intent and suggested they describe formula and put lease into place.

It was moved by Council Member Glassheim and seconded by Council Member Beach to amend motion to approve lease amendment or letter of intent, contingent upon agreement by both parties. Carried 13 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

MATTER OF COMMITTEE MEETINGS PRIOR TO COUNCIL

Mayor Polovitz stated that council seems to be doing lot of business before council meetings, that he would hope they could do majority of business during 13747
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regular meetings, and to hold down number of meetings just prior to council.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 261, dated September 30, 1994 and totaling $805,314.81, was presented and read.

It was moved by Council Member Hagness and seconded by Council Member Sande 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 call for the question and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz 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: Street Lighting Project No. 4094, Burdick's Resubdivision; Street Lighting Project No. 4103, District No. 94; Street Lighting Project No. 4104, District No. 95; Street Lighting Project No. 4105, District No. 96; Street Lighting Project No. 4107, District No. 98; Street Lighting Project No. 4119, District No. 99; Watermain Replacement Project No. 4164.1; Watermain Replacement Project No. 4165.1; Watermain Replacement Project No. 4165.2; Watermain Replacement Project No. 4165.3; Watermain Replacement Project No. 4165.4; and Street Improvement Project No. 4227, District No. 529.

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

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:

1) Council Member Hagness announced that presentation of the solid waste disposal study would be made to the public service committee at their meeting on October 10, and they were asking for comments on the report. He stated this is first step in decision of what to do on the present landfill which has a 2000 closure deadline.
2) Council Member McCabe presented the matter of variance to Land Development Code with regards to painted mural on building at 2665 24th Avenue South (Brian Larson, owner); Mayor Polovitz referred the matter to the public service committee.
3) Council Member McCabe presented the matter of removing no-parking zone signs north of UND campus due to proper street widths and difficult parking situations; Mayor Polovitz referred the matter to the public safety committee.
4) Council Member Glassheim commented that bus ridership report has been going down consistently for the past six months, and if this could be looked at.
5) Council Member Carpenter presented the matter of hiring Director of Human Resources by contract instead of under Civil Service Code; Mayor Polovitz referred the matter to the finance committee.

REPORT FROM CITY ATTORNEY RE. LAWSUITS

Mr. Swanson reported that he had been advised by the Clerk of the North Dakota Supreme Court that the lawsuit that Marty Berg brought against the City of Grand Forks and a number of officials dismissal was upheld. He noted that this lawsuit involved an artist claiming that he had a contract with the City
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to build a sculpture in a city park, that contract illegally canceled by the City causing damage to him for approximately $127,000; Judge Jahnke had dismissed that law suit earlier this year, they appealed to the North Dakota Supreme Court and the North Dakota Supreme Court entered a ruling affirming Judge Jahnke's ruling; therefore the City is not obligated to pay Mr. Berg any expenses for his proposal on that sculpture.

He also reported that last week he argued two cases before the North Dakota Supreme Court involving the City, one: James Adam Kemp vs. City of Grand Forks, and the second: Robert Michael Smith vs. the City of Grand Forks, that it was not an excessive force case but simply a case of malicious prosecution claiming that those two individuals should not have been charged, the arguments went fairly well and he anticipates a ruling in the next sixty to ninety days from that Court, and that he is optimistic on the outcome.

SCHEDULE MEETINGS ON REVIEW OF HOUSING COSTS

Committee No. 4, Urban Development, reported having considered the matter of thorough review of housing costs in city, and recommended that the City sponsor two meetings on October 19 and October 26 to hear concerns on the causes of high housing costs in the city and to offer concrete remedies.

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

APPROVE SPECIAL PERMIT TO SELL ALCOHOLIC
BEVERAGES BY TOWN HOUSE MOTOR INN, INC. AT
121 NORTH 5TH STREET

The city auditor presented an application from the Town House Motor Inn, Inc. for special permit to sell alcoholic beverages at 121 North 5th Street for reception on October 8, 1994. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this application be and is hereby approved. Carried 13 votes affirmative.

ANNOUNCE MEETING OF STATE WATER COMMISSION

Ken Vein, city engineer, announced that on October 14 the State Water Commission would be meeting in Grand Forks and invited anyone interested to attend.

ADJOURN

It was moved by Council Member Sande and seconded by Council Member Beyer that we do now adjourn until Monday, October 17, 1994 at 7:30 o'clock p.m. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor