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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 20, 1998

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, July 20, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Lunak, Beyer, Babinchak, Bakken, Martinson - 9; absent: Council Member Klave - 1.

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

Mayor Owens stated they would hold the meeting for several minutes as Flood Response Committee is still meeting.

ADOPT ORDINANCE NO. 3722, RELATING TO THE
SALE OF CITY PROPERTY

An ordinance entitled "An ordinance amending Section 2-0402(5) of the Grand Forks city Code relating
to the sale of City property", which had been introduced and passed on its first reading on June 1, 1998, was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reported that the ordinance was brought forward after a request by the Grand Forks Historical Commission in an attempt to salvage architecturally significant features of certain homes that had been purchased by the City and demolished and also fits into what may or may not come to fruition as to the rehabilitation or preservation of historic homes. He stated that the ordinance as it is drafted is not as broad as the title on the agenda says, it is limited to those non-profit entities with a purpose that deals with historical preservation resurrection, etc.

COUNCIL MEMBERS POLOVITZ, GLASSHEIM, CARPENTER
AND HAFNER REPORTED PRESENT

Mayor Owens asked if there was anyone in the audience who had comments to make on this matter; there were none.

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

ADOPT ORDINANCE NO. 3723, TO AMEND LAND
DEVELOPMENT CODE, OFF-STREET PARKING AND LOADING,
AS IT RELATES TO STALL WIDTHS AND DEPTHS

An ordinance to amend the Land Development Code, Article 3 (Rules and Regulations, Section 18-0302 (Off-Street Parking and Loading), Subsection 14 (Off-Street Parking) as it relates to stall widths and depths", which had been introduced and passed on its first reading on June 15, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Johnson Laffen Architects on behalf of the Grand Forks Corporate Center Development for final approval of an ordinance to amend the Land Development Code, Article 3 (Rules and Regulations), Section 18-0302 (Off-Street Parking and Loading), subsection 14 (Off-Street Parking) as it relates to stall widths and depths, and recommended final approval and passage of the ordinance amending the Land Development Code.

The recommendation had been moved and seconded by Council Members Polovitz and Brooks. Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3724, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTH PINES PUD ALL THAT
PORTION OF EAST HALF OF NW QUARTER OF SECTION 27,
T51N, R50W OF 5TH PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to exclude from the A-1 (Limited Development) District and the A-2 (Agricultural Reserve) District and to include within the South Pines PUD (Planned Unit Development) district, all that portion of the East Half of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as being bounded on the north by 47th Avenue South; on the east by Cherry Street as platted in TJ's Addition to the city of Grand Forks; bounded on the south by the south line of Lot 3, Block 1, TJ's Second Addition to the city of Grand Forks, ND and bounded by the west by the west line of said East Half of the Northwest Quarter", which had been introduced and passed on its first reading on June 15, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Tim Crary on behalf of Crary Development and Grand Forks Christian School for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) and the A-2 (Agricultural Reserve) Districts and to include within the South Pines PUD (Planned Unit Development) District, Concept Development Plan, all that portion of the East Half of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as being bounded on the north by 47th Avenue South, on the east by Cherry Street as platted in TJ's Addition to the City of Grand Forks; bounded on the south by the south line of Lot 3, Block 1, TJ's Second Addition to the city of Grand Forks, ND and bounded on the west by the west line of said East Half of the Northwest Quarter (located between 47th Avenue South and the Southend Drainway west of Cherry Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. It was moved by Council Members Polovitz and Brooks that this recommendation be approved. Carried 13 votes affirmative.

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

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE GARAGE TO 1412 NORTH 2ND STREET

The city auditor reported that the notice of public hearing on the application for moving permit by Corey and Jennifer Boushee to move garage to 1412 North 2nd Street had been published and posted as required.

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

It was moved by Council Member Beyer and seconded by Council Member Glassheim to declare an insufficiency of protest. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application from Corey and Jennifer Boushee to move garage to 1412 North 2nd Street, and recommended to approve application contingent upon the public hearing.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved and further that the applicants be and are hereby authorized to move the building. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4522, DISTRICT NO. 554

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 4522, District No. 554, construction of pavement on Cherry Street from 47th Avenue South to Southend Drainway, had expired on July 16, 1998, and that he had received no written protests.

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

Council Member Martinson introduced the following resolution as to protests which was presented and read: Document No. 7589 - Resolution.

It was moved by Council Member Martinson and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 554, Project No. 4522, as no protests were filed, and further that the resolution e and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4522, DISTRICT NO. 554

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 13, 1998 for Paving Project No. 4522, District No. 554, paving on Cherry Street from 47th Avenue South to Southend Drainway, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $242,852.08: Document No. 7590 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project no. 4522, District No. 554, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4522, District No. 554, paving Cherry Street from 47th Avenue South to Southend Drainway, and recommended to accept the low bid of Valley Contracting in the amount of $242,852.08.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7591 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this resolution awarding the contract for Paving Project No. 4522, District No. 554, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4825, DISTRICT NO. 559

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 4825, District No. 559, construction of pavement on 47th Avenue South from Cherry Street to South Washington Street, had expired on July 16, 1998, and that he had received one written protest from Dean Curran, 3503 Belmont Road, and that the calculation of the protest amounted to 6.56% of the area to be assessed, and does not qualify as enough to be sufficient for protest.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 7592 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 559, Project No. 4825, as only one protest was filed which amounted to 6.56% of the area, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4825, DISTRICT NO. 559

The city auditor presented and read tabulation of which had been received and opened on Monday, July 20, 1998 for Paving Project No. 4825, District No. 559, paving on 47th Avenue South from Cherry Street to South Washington Street, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $78,825.20: Document No. 7593 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4825, District No. 559, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4825, District No. 559, paving 47th Avenue south from Cherry Street to South Washington Street, and recommended to accept the low bid of Nodak Contracting in the amount of $78,825.20.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7594 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4825, District No. 559, to Nodak Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Babinchak and seconded by Council Member Beyer that the consent agenda items be referred to committee as noted for their consideration. Carried 13 votes affirmative.

The matter of reinstatement of suspended ordinances, Ordinance No. 3644 which suspended certain sections of City Code following the flood emergency, was referred to all standing committees of the council.
REPORT OF BOARD OF ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, June 25, 1998, that notice had been published as required and that the following appeals were heard: 1) Jennifer and Corey Boushee, 1412 North 2nd Street, request for variance to residential accessory building requirements to move an accessory building onto the property, with variance approved to allow 2 feet of side yard setback and 9 ft. between the accessory building and house to move a detached garage to the property; 2) Robbie Johnson on behalf of DeMers Stor-All, 1703 DeMers Avenue, request for variance to the lot area, lot depth, impervious surface area and rear yard setback requirements to leave an existing house on site, request for variance was approved to allow the lot area and rear yard setback as shown on the submitted site plan in order for the existing house to remain on the property, with two off-street parking spots retained for use of the dwelling; 3) William Crow on behalf of First Presbyterian Church, 5555 South Washington Street, request for variance to the landscaping parking lots, paving, and landscaping Appendix B caliper size requirements to erect a new church, request to delay for a period of five years the installation of curb and gutter and the paving of a portion of the parking lot, and to allow two inch caliber trees to construct a new church was approved.

It was moved by Council Member Beyer and seconded by Council Member Brooks to receive and file the report. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-12, dated July 20, 1998, and totaling 5,391,382.71, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Bouley that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

MATTER OF COUNTY BOARD OF EQUALIZATION'S
INTENT TO REDUCE ASSESSOR'S VALUES 1998 VALUES

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's intent to reduce assessor's 1998 value on a) 1306 South 11th Street, James and Shelley Olson, and recommended approval in reduction in assessed value of property from $93,400 to $81,200.

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's
intent to reduce assessor's 1998 value on b) 603 3rd Avenue South, Kay Thompson, and recommended to approve reduction in assessed value from $37,100 to $35,600.

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's intent to reduce assessor's 1998 value on c) 1422 4th Avenue North, Kay Thompson, and recommended to approve reduction in assessed value from $25,600 to $22,600.

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's intent to reduce assessor's 1998 value on d) 2030 32nd Avenue South, Grand Forks Glass & Paint, G.E. Satrom, and recommended to receive and file.

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

APPROVE EXTENSION OF AUDIT TO BRADY MARTZ
& ASSOCIATES FOR ONE YEAR

Committee No. 1, Finance, reported having considered the matter of option to extend agreement for CAFR for 1998, and recommended that we extend the audit for one more year to Brady Martz & Associates for the year 1998.

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

APPROVE JOINT POWERS AGREEMENT WITH SCHOOL
DISTRICT RE. SPECIAL ASSESSMENTS

Committee No. 1, Finance, reported having considered the matter of joint powers agreement with School District re. special assessments, and recommended adoption and authorize proper City officials to sign the agreement.

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

DETERMINE THAT POSITION OF MUNICIPAL JUDGE
NOT BE QUALIFIED FOR BENEFITS

Committee No. 1, Finance, reported having considered the matter of benefits for municipal judge, and recommended that the municipal judge position not be qualified for benefits.

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

APPROVE BUDGET AMENDMENT

A request from the finance department to amend their budget in the amount of $7,650.00 for office remodel digital camera and staff training, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this budget amendment be approved. Carried 13 votes affirmative.

APPROVE AND ACCEPT 1997 FINANCIAL AUDIT

Committee No. 1, Finance, reported having considered the matter of 1997 financial audit, and recommended to approve and accept the annual financial report and to approve payment of the audit fees subject to State Auditing Office's finding an acceptable report.

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

Council Member Lucke asked that copies of the management letter be sent to all council members.

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

CONSIDER MATTER OF INTERSECTION CONTROL ON
24TH AVENUE SOUTH AND SOUTH 29TH STREET

Committee No. 2, Public Safety, reported having considered the matter of inter-section control on 24th Avenue South and South 29th Street, and recommended to install "right turn only" sign coming out of the Best parking lot, install "no U-turn" sign for westbound traffic, that staff continue to research and negotiate with property owners, and further to look at condition of that parking lot.

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

APPROVE GRANT AGREEMENTS FOR HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grant agreements for health department: a) Women's Way Cancer Prevention grant agreement, $34,502, for period July 1, 1998 through June 30, 1999, and recommended to approve pending review and approval by the city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for TB Screening Services, $11,482 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreement subject to review and approval of city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for Care Coordination, $24,210 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreements subject to review and approval of city attorney.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for HIV/AIDS Testing, $12,000 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreement subject to review and approval of city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for Ryan White grant agreement, $6,000 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreement subject to review and approval of city attorney.

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

REFER MATTER OF PORTABLE RADIOS FOR POLICE
DEPARTMENT BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of purchase of portable radios for the police department, and recommended to declare an emergency as number of functional radios not available, and to authorize purchase of the 10 Visar radios from Stone's Radio in the amount of $15,263.50.

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

Council Members Bakken and Martinson asked that this matter be referred back to committee for further consideration.

AUTHORIZE ENTERING INTO AGREEMENT WITH NEW
VISION FIBERGLASS TO CONNECT TO CITY WATERMAIN

Committee No. 3, Public Service, reported having considered the request from New Vision Fiberglass, 6105 Gateway Drive, to connect to City watermain, and recommended to authorize entering into an agreement to allow New Vision to hookup to the city main for term of no less than six months and no later than five years.

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

APPROVE REQUEST FOR FINANCIAL SUPPORT
FOR RECYCLING EDUCATIONAL PROGRAM

Committee No. 3, Public Service, reported having considered the matter of request for financial support for recycling educational program, and recommended to authorize $22,134.00 for the Program, contingent upon school district giving approval to do the program, and contingent upon receipt of Bremer grant funds.
It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motions carried.

ACCEPT BID FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for traffic paint, and recommended to accept the low bid of Peterson Paint Supply, Inc. in the amount of $9,062.90 for white traffic paint and $7,901.95 for yellow traffic paint, for a total bid of $16,964.85 in 55-gal. drums, contingent upon meeting testing.

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

APPROVE REPLACEMENT OF EMERGENCY LIGHTS AT
WATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of replacement of emergency lights at water treatment plant, and recommended to approve replacement of the non-flooded lights and conduit in the amount of $15,200, and to amend budget to complete the work.

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

APPROVE EASEMENTS AND WARRANTY DEED FOR
SOUTH JUNIOR HIGH SCHOOL, 1224 WALNUT STREET

Committee No. 3, Public Service, reported having considered the matter of warranty deed for rehabilitation of South Junior High School, 1224 Walnut Street, for and in consideration of the sum of $1.00, and other good and valuable considerations, City of Grand Forks, grantor, MDI Limited partnership #38, grantee, and recommended to declare this as surplus property and to authorize sale of the property (existing alley that runs E/W and ties the N/S alley into Cottonwood Street).

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

APPROVE APPRAISAL REPORT FOR LANDFILL RELOCATION

Committee No. 3, Public Service, reported having considered the matter of full appraisal report for landfill relocation, located on east side of Highway 81 approximately 4 miles north of Manvel, ND, for and in consideration of $412,300.00, and other good and valuable consideration, Martha J. Hargrave, grantor, City of Grand Forks, grantee, and recommended approval of the appraisal report in the amount of $412,300.00 for Section 19, Levant Township, and authorize staff to negotiate the purchase of the land.

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

ACCEPT LAND NEGOTIATIONS FOR PROJECT NO. 4669.3

Committee No. 3, Public Service, reported having considered the matter of update on land negotiations for Project 4669.3, Southend Drainway, Phase 2B, and recommended to accept $200/acre per year for the stockpile site, enter into lease agreement at $200/acre, and authorize execution of document for acquisition.

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

APPROVE RFP FOR SELECTION OF CONSULTING
ENGINEER FOR PROJECT NO. 4772, DAM EROSION CONTROL

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 4772, Red River Dam Erosion Control and Boat Ramp, and recommended to approve RFP for selection of a consulting engineer.

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

APPROVE RFP FOR SELECTION OF CONSULTING
ENGINEER FOR PROJECT 4824, OVERLAYING LOCAL STREETS

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 4824, overlaying local streets city-wide, and recommended to approve RFP for selection of a consulting engineer.

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

APPROVE RFP FOR SELECTION OF CONSULTING
ENGINEER FOR PROJECT 4829, PAVING NORTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 4829, paving North 42nd Street from DeMers to University Avenue, and recommended to approve RFP for selection of a consulting engineer.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR IMPROVEMENTS IN PORTION OF PERKINS 4TH
ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for utilities and paving in a portion of Perkins 4th Addition, and recommended to authorize entering into the three-way agreement.

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

APPROVE AMENDMENT NO. 3 TO ENGINEERING SERVICE
AGREEMENTS FOR SOUTHEND DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements with Greater Forks Engineering Group for southend development projects: Amendment No. 3 (design engineering), for Project No. 4848, Lift Station 39; Project No. 4849, Lift Station 40; Project No. 4850, Lift Station 41; Project No. 4851, forcemain from Lift Station 39 to 62nd Avenue South, along 62nd Avenue and north along Columbia; Project No. 4852, forcemain from Lift Station 41 to 62nd Avenue South, along 62nd Avenue to 11th Street; Project No. 4853, forcemain from Lift Station 40 to Columbia Road; and Project No. 4854, forcemain on Columbia Road from 17th Avenue South to 24th Avenue South; and recommended to approve Amendment No. 3 to the agreement in an amount not to exceed $281,844.25, contingent upon final review by City staff and to allocate $281,844.15 of CDBG funds for the above referenced projects; this funding is part of the $15 million southend development appropriation.

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

APPROVE AMENDMENT NO. 4 TO ENGINEERING SERVICE
AGREEMENTS FOR SOUTHEND DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements with Greater Forks Engineering Group for southend development projects: Amendment No. 4 (design engineering) for Project No. 4843, watermain on South Washington from 47th Avenue South to 62nd Avenue South, and recommended to approve Amendment No. 4 to the agreement in an amount not to exceed $36,750.00, contingent upon final review by city staff and to allocate $36,750.00 of CDBG funds for the above referenced project; this funding is part of the $15 million southend development appropriation.

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

APPROVE AMENDMENT NO. 5 TO ENGINEERING SERVICE
AGREEMENTS FOR SOUTHEND DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements with Greater Forks Engineering Group for southend development projects: Amendment No. 5 (design engineering) for Project No. 4844, storm sewer on 20th Street from 36th Avenue South to 40th Avenue South; Project No. 4845, storm sewer on 34th Street from 36th Avenue South to 40th Avenue South; and Project No. 4846, storm sewer on 40th Avenue South from Washington to southend drainway; and recommended to approve Amendment No. 5 to the agreement in an amount not to exceed $71,914.00, contingent upon final review by city staff and to allocate $71,914.00 of CDBG funds for the above referenced projects; this funding is part of the $15 million southend development appropriation.

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

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 4655, PAVING SOUTH
WASHINGTON STREET FROM 24TH TO 34TH AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of Cost Participation and Maintenance Agreements for Project No. 4655, paving South Washington Street from 24th to 34th Avenues South, and recommended to enter into the agreement with the North Dakota Department of Transportation and authorize proper City officials to sign the agreements, and further that the City strongly recommend that installation of flapgates be a part of the project.

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

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 4225.2, PAVING SOUTH
WASHINGTON FROM 34TH TO 40TH AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of Cost participation and Maintenance Agreement for Project No.4225.2, paving South Washington Street from 34th to 40th Avenues South, and recommended to enter into the agreement with the North Dakota Department of Transportation and authorize proper City officials to sign the agreements, and further that the City strongly recommend that installation of flapgates be a part of the project.
It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4838, DISTRICT NO. 399

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4838, District No. 399, sanitary sewer on South 20th Street from 40th to 47th Avenues South, and recommended to adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications.

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

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7595 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4838, DISTRICT NO. 399

The city auditor presented and read the engineer's report on Sewer Project No. 4838, District No. 399: Document No. 7596 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4838, DISTRICT
NO. 399

Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7597 - Resolution.

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


APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4836, STORM SEWER ON BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4836, storm sewer on Belmont road from 55th to 52nd Avenues South, and recommended to approve plans and specifications, continent upon engineering department review.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4795, PAVING DISTRICT 556

The city engineer's estimate of total cost of the construction of paving on North 53rd Street and 12th Avenue North, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4795, paving District No. 556, paving North 53rd Street and 12th Avenue North, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7598 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4225.2, PAVING DISTRICT 560

The engineer's estimate of total cost of the construction of paving South Washington Street from 32nd Avenue South to 40th Avenue South, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4225.2, Paving District No. 560, paving South Washington Street from 32nd Avenue South to 40th Avenue South, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7599 - Resolution.
It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD PROJECT NO. 4661, DISTRICT NO. 391

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4661, District No. 391, sanitary sewer on South 34th Street from 32nd Avenue South to Lift Station #38, three bids received that were not opened: Robert Gibb & sons, did not acknowledge addendum on the outside of bid envelope and no affidavit of non-collusion in outer envelope; ICS, Inc. had no affidavit in outer envelope; and H & W Contracting had no acknowledgement of addendum; and recommended to return the unopened bids as they did not meet bidding requirements.

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

The city auditor presented and read tabulation of bids which had been received and opened on July 13, 1998 for Sewer Project No.4661, District No. 391, sanitary sewer on South 34th Street from 32nd Avenue South to Lift Station #38, indicating that Molstad Excavating, Inc. was low bidder based upon their bid in the amount of $767,031.00: Document No. 7600 - Bid Tabulation.

The engineer's estimate of total cost on Sewer Project No. 4661, District No. 391, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Sewer Project No. 4661, District No.391, sanitary sewer on South 34th Street (32nd Avenue South to Lift Station #38), and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $767,031.00, contingent upon environmental review.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7601 - Resolution.

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

ACCEPT BIDS FOR PROJECTS NOS. 4752 AND 4753,
REHABILITATION OF SANITARY LIFT STATIONS NOS.
9 AND 11

Committee No. 3, Public Service, reported having considered the matter of construction bids for Projects 4752 and 4753, Rehabilitation of Sanitary Lift Stations #9 and #11, and recommended to accept the bids under Schedule B as follows: general contract, Smith Construction Co., Inc. in the amount of $103,480, and electrical contract, Rick Electric, Inc. in the amount of $143,000, for a total bid of $246,480.

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

APPROVE CHANGE ORDERS, VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the change order for Project No. 4706, watermain on South Washington Street to serve New Middle School, Change Order #1, Soberaski, Inc., contractor; and recommended to approve the change order in the amount of $14,894.00.

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

Committee No. 3, Public Service, reported having considered the change order for Project No. 4687, Sewer Cleaning and Televising, Change Order #5, Viking Pipe Services Co., Inc., contractor (change order states that when authorized by engineer, the contractor will utilize pan and tilt video equipment for a detailed inspection, including video recording of faults previously identified); compensation will be $155.00 per hour; payment by the foot and backout payments will not apply to this work, and completion date shall continue to 9/30/98); and recommended to approve change order, and that CDBG money may apply to portions of this work.

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

DELEGATE AUTHORITY TO CITY ENGINEER TO MAKE
INITIAL APPLICATION ON BN/SF RR PIPELINE PERMITS

Committee No. 3, Public Service, reported having considered the matter of Burlington Northern/Santa Fe RR pipeline permits, and recommended to delegate the authority to city engineer to make initial application, and agreement to be returned to committee and council.

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

APPROVE URBAN PROJECT AGREEMENT FOR SOUTH
WASHINGTON STREET FROM 40TH AVENUE SOUTH TO
47TH AVENUE SOUTH, PROJECT NO. 4807

Committee No. 3, Public Service, reported having considered the matter of Urban Project Agreement for Federal Aid Project SU-6-986(052) South Washington from 40th Avenue South to 47th Avenue South, and recommended that proper City officials be authorized to sign the agreement with the NDDOT for urban funding contingent on review by the city attorney.

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

CONSIDER MATTER OF BEAUTIFICATION FUNDS

Committee No. 4, Urban Development, reported having considered the matter of beautification funds, and recommended that we approve $10,000 towards Urban Development and $10,000 towards Park District youth program.

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

CONSIDER REQUESTS FOR INCLUDING IN PHASE III
BUYOUT

Committee No. 4, Urban Development, reported having considered the matter of request for inclusion in Phase III buyout by Gilmen Johnson, 905 1/2 13th Avenue South, and recommended to approve exception and to include within the Phase III buyout.

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

Committee No. 4, Urban Development, reported having considered request for inclusion in Phase III Rehab. Program by Scott and Mavis Kelley, 705 North 3rd Street, and recommended irregularity be waived and this property be included in the Phase III Housing Rehab Program.

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

EXTEND RELOCATION VOUCHER PROGRAM TO DECEMBER 31,
1998

Committee No. 4, Urban Development, reported having considered the matter of policy for Relocation Voucher Program, and recommended to extend voucher program to December 31, 1998.

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

Committee No. 4, Urban Development, reported having considered the matter of policy for Relocation Voucher Program, and recommended that we adopt policy that extensions will not be granted on grounds that waiting for southend to develop.

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

APPROVE REQUESTS FOR EXTENSION OF RELOCATION
VOUCHER DEADLINE

Committee No. 4, Urban Development, reported having considered the matter of request for extension of relocation voucher deadline by John and Avis Mullin, and recommended to extend voucher redemption to October 31, 1998.

Committee No. 4, Urban Development, reported having considered the matter of requests for extension of relocation voucher deadline by Diane Lindgren Knoff, and recommended to deny request.

Committee No. 4, Urban Development, reported having considered the matter of request for extension of relocation voucher deadline by Larry McEnroe, and recommended to extend redemption to September 30, 1998.

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

EXTEND PROPOSAL DEADLINE FOR VIETS HOTEL

Committee No. 4, Urban Development, reported having considered the matter of extension of proposal deadline for Viets Hotel, and recommended to extend deadline for 30 days.

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

AUTHORIZE OFFICE OF URBAN DEVELOPMENT TO
MANAGE DAY TO DAY OPERATIONS OF CENTRAL
BUSINESS DISTRICT AUTHORITY THROUGH 1999
BUDGET YEAR

Committee No. 4, Urban Development, reported having considered the matter of management of parking authority, and recommended that the council authorize the Office of Urban Development to manage the day to day operations of the Central Business District Authority (parking authority) through the 1999 budget year.

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

INTRODUCE ORDINANCE CHANGING MEMBERSHIP OF
CENTRAL BUSINESS DISTRICT AUTHORITY
Committee No. 4, Urban Development, reported having considered the matter of number and terms of Central Business District Authority membership, and recommended that an ordinance be introduced to change the membership of the CBDA from 7 members to 9 and that they serve one-year terms.

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

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 14-0102 of the Grand Forks City Code relating to the Grand Forks Central Business District Authority", which was presented, read and passed on its first reading.

REFER MATTER OF RENTAL REHAB BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of rental rehab, and recommended that we deny request to reopen the program.

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

Council Members Polovitz and Glassheim referred this matter back to committee for further consideration.

APPROVE BIDS AND CHANGE ORDERS FOR AUDITORIUM
AND CORPORATE CENTER PROJECTS

The Flood Response Committee reported having considered the matter of change orders for Civic Auditorium, and recommended acceptance of low bid of $33,708 for additional kitchen equipment from Dakota Food Equipment; acceptance of deductive change order for $370 for additional kitchen equipment from Dakota Food Equipment; and acceptance of change order in the not to exceed amount of $19,119 to Fritz Electric for sound system.

The Flood Response Committee reported having considered the matter of Mortenson update - civic auditorium phone system, and recommended the three submitted bids be rejected and go through the normal bidding process for the civic auditorium telephone system.

The Flood Response Committee reported having considered the matter of Mortenson update, masonry installation on 401-402 Demers Avenue, and recommended acceptance of low bid of $643,000 from Heymann's Construction for the masonry work on the Corporate Center.

The Flood Response Committee reported having considered the matter of Mortenson update, elevators for 401 and 402 DeMers Avenue, and recommended acceptance of low bid of $257,800 to Advanced Elevator Company for elevators in 401 and 402 DeMers.

The Flood Response Committee reported having considered the matter of Mortenson update, glass category of work, and recommended acceptance of low bid of $530,457 of Northland, LTD for aluminum storefronts, exterior windows and curtain wall construction of 401 and 402 DeMers and the Skyway.

The Flood Response Committee reported having considered the matter of Mortenson update, architectural precast furnish, and recommended acceptance of low bid of the responsive bidder, Artstone, in the amount of $290,000 for architectural precast furnish for 401 and 402 DeMers.

The Flood Response Committee reported having considered the matter of Mortenson update, electrical work, and recommended acceptance of low bid of Hanson Electric in the amount of $656,600 for electrical work on 401 and 402 DeMers and the Skyway.

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

APPROVE BUDGET FOR USACE IN-KIND SERVICE

The Flood Response Committee reported having considered the matter of flood protection update, USACE in-kind service budget, and recommended approval of the budget in the amount of $499,955.

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

APPROVE POLICY ON PURCHASE OF PHASE IV
PROPERTIES FOR UNDEVELOPED LOTS

The Flood Response Committee reported having considered the matter of Phase IV properties, unpaid special assessments, and recommended approval to amend the policy on the purchase of Phase IV properties for undeveloped lots that the offer on the property would be the appraised value less the uncertified specials.

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

APPROVE RESIDENTIAL DISPOSITION PACKAGE

The Flood Response Committee reported having considered the matter of residential disposition package, and recommended that Phase 1A be included in the Residential Rehab Program, and adoption of the Residential Rehab Program with the following change: delete the reference to Consumer Price Index and substitute with appreciation shared in proportion to initial investment.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.
The Flood Response Committee reported having considered the matter of Residential Disposition Package, surplus residential structure acquired through the voluntary acquisition program, and recommended: 1) to declare the upper portion of the attached list surplus subject to the City Rehab Program guidelines; 2) to declare the second listing of the attached list surplus to be handled in accordance with the Policy on the sale of surplus structures acquired through the Voluntary Acquisition Program; and 3) to approve and accept the policy on sale of surplus residential structures acquired by the City through voluntary acquisition programs.

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

AUTHORIZE FUNDING FOR WALKWAY CONNECTING
EXISTING PARKING RAMP TO 402 DEMERS AVENUE

The Flood Response Committee reported having considered the matter of referral from JDA requesting $250,000 for walkway connecting existing parking ramp to 402 DeMers, and recommended approval of $250,000 for a walkway connecting the existing parking ramp to 402 DeMers.

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

APPROVE BID PACKAGES FOR ABATEMENT OF BOUGHT-
OUT PROPERTIES

The Flood Response Committee reported having considered the matter of awarding bid packages for abatement of bought-out properties, and recommended approval of the following low bids: Bid Package #32 (10 homes) low bid of $17,512 by MAAC; Bid Package #33 (10 homes) low bid of $15,414 by MAAC; and Bid Package #34 (7 homes) low bid of $10,811 by EAS.

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

APPROVAL OF FUNDS FROM PROPOSED TO APPROVED
BOAT RAMP

The Flood Response Committee reported having considered the matter of boat ramp, and recommended approval to move $100,000 from proposed to approved for the boat ramp.

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

Council Member Martinson questioned need for a boat ramp. Council Member Hafner reported that the ramp that was located by the potato processing plant was damaged and this would be replaced through CDBG funds.

There was a question as to the cost of the proposed boat ramp and Mr. Grasser, asst. city engineer, reported that the dollars allocated are an estimate, that they are asking that the $100,000 be moved to the approved category so the funds are available. He reported that the first step is requesting engineering services and have the site evaluated, and determine if the site should be repaired or totally reconstructed, or moved and incorporated into another location, that the site has been repeatedly hit during floods, and creates a lot of problems. He stated that is the only boat ramp near the city on the downstream side of the dam and is a rather significant boat ramp to have available. He stated the site is used occasionally for fire rescue; and that there are several sites upstream of the dam.

Chief Aulich, fire department, stated they were originally involved in getting that boat ramp built because it is important to be able to launch a boat downstream from the dam. He stated that when there is a major flood they do try to keep track of places to access the river because on occasion strange things come floating down and they are asked to take a look or recapture those things. He stated that he would hope that there would be a ramp available for rescue purposes downstream from the Riverside Dam.

It was reported that the City was not approving expenditure of the $100,000 for the boat ramp, but moving money from CDBG to actually start the engineering to see what cost would be, and council will receive information prior to approval before construction.

It was noted that the City had received State Game money for tourists, etc. and commercialization of the river for fishing and boating. Mr. Grasser reported that the City did use money from Game & Fish and that is one of the organizations that will have to make contact with the engineering report to see whether they have concerns about exploring other options with the ramp. He stated that one of the reason it may be expensive if stay in that location, is that soils very unstable, and spend $10-15,000/annually doing overlay work to keep roads driveable because of slips in that location, and is an on-going expense to the City to keep that operated and maintained and with those difficulties it's not always accessible when needs to be to the general public.

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

APPROVE BUDGET AMENDMENT

The Flood Response Committee reported having considered the matter of budget amendment, and recommended approval to amend the budget (increases and decreases) in those projects already approved by council.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be and is hereby approved.

Council Member Lunak questioned use of funds on cost matrix for administration which showed an amount of $12.8 million for cost and whether that includes 3% from FEMA, and it was noted that it does; and also includes all consultant fees. It was noted that a job shadow is being done to determine which employees are to be retained; and about $2.5 million spent.

Tim Lamb asked if there was to be public comment on the matrix before it's approved and that he has comment on a particular item. He stated that he has put in a request for additional rental rehab funds, as well as a number of others, that there is a decrease of $600,000 in the cost matrix before that considera-tion; and asked if there were funds left in that fund. It was reported that budget can be brought up for amendment. The city auditor reported that this is based on best information they have as of now, and will be a floating number, and a constant issue for council to be looking at this.

Terry Hanson, Urban Development, reported that through CDBG funds they have funded $7.5 million for Rental Rehab, have brought that project back and extended deadline or opened to new applications three additional times, and are requesting a $600,000 reduction in that budget from $7.5 million to $6.9 million. He stated that $600,000 is an indication of the dollars that they initially obligated to projects (individual house rental projects) that subsequently have either backed out of doing rehab because sold the property to the City, sold the property to someone else or have received funding through SBA which is more beneficial to them than accepting our funding. He reported that the $6.9 million budget with $5.5 million expended, the balance of $1.4 million is obligated to individual projects but not expended to landlords to reimburse them for their expenditures.

Council Member Lunak questioned the difference in funding to rehab projects. Mr. Hanson reviewed the Rental Rehab Program; that when they initiated the Rental Rehab Program, it was council's decision to authorize $7,000 for single bedroom units and up to $10,000 for two or more bedroom units, so when applicant made application they could apply if had twelve 2-bedroom units or larger, could apply for a total of $120,000, which would be for whole building. Mr. Hanson reported that when they initiated the Program in June or July of 1997, they had been doing a rental rehab program for the City since 1984, what they initiated was the program that was in existence, that what they had to have in a project was that one of the units within the project had to have sustained flood damage but once eligible for the funding, all the units were eligible to receive assistance. He stated that what that does in the program is that it allows City to rehab the entire project and hopefully keep the rents at a lower level as a result and increase adequate housing supply. He reported that in the applications for funding they asked if anticipated rent increase, lot have not increased rentals. Mr. Hanson reported that they could apply for additional money because of number of units in the project, that if they limited this to the units that got wet, could foresee problems: lot of units that didn't get wet resulted in loss of appliances that had to be replaced, that if heating system for one building were in the basement the system for large complex cost considerable in order to provide funds to replace the heating system for the entire structure, would need additional funds; that this disaster and funds were available not only as a result of the flood but the date of declaration is in February and at that time had severe ice storms that also caused damage to these facilities, and if put considerable money into units that got wet in a complex, need to keep those units functional in the future.

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

APPROVE PHASE V PROGRAM
The Flood Response Committee reported having considered the matter of Phase V Rehab Program, and recommended approval of the Phase V Program at 1 Million.

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

Council Member Bakken stated that he was opposed to Phase V, that the City doesn't need any more programs, but administer ones we have and get closed up, that debating the remaining $17 million, either give to public and charge them for the infrastructure or put into infrastructure which is good for everybody. Council Member Hafner stated they will be discussing balance of the $171 million and this should be discussed with that.

Keith Lund, Urban Development, reported that the program is written so that those households (condo, duplex or single family home) which sustained less than 50% damage and had main level flooding based on the assessing department's information as of December 31, 1997, would be eligible for the program. Mr. Lund reported that a multiple split level home they identified that a minimum of 25% of the main living area would have had to have been wet for that home to be eligible, which is dining area, kitchen, living room and needed way to distinguish whether there was small section of the living room that had a step-down that got wet and rest of the main level didn't.

Council Member Hamerlik reported that he had received a letter from Gordon Iseminger who pointed out that he chose to stay in his home rather than being bought out for $100,000 and thinks this is prudent way to move, and wanted for the record that he would have been here to testify but could not attend this meeting.

Council Member Brooks asked to be excused from voting on this matter. It was moved by Council Members Babinchak and Lunak that Council Member Brooks be excused from voting on the issue. Carried 12 votes affirmative.

Tim Harty, 1109 1st Avenue North, commented on damage to his property which is 75 year old home, that he had his house inspected to see if could be condemned or bought out, but didn't qualify, but plans to see if qualify under this program.
Council Member Bouley asked to be excused from voting on this matter as she qualifies for the program. It was moved by Council Beyer and seconded by Council Member Babinchak to excuse Council Member Bouley from voting on this matter. Carried 12 votes affirmative.

Mr. Swanson, city attorney, reported that at committee level he made a comment about SBA and their consideration of this, that they have made a preliminary contact with Fort Worth SBA Office and it appears as though the issue will have to be decided by the SBA on an individual basis as to whether the funds allocated would be required to be paid to SBA as a partial payment on the outstanding indebtedness or whether or not it affects the qualification of the applicant. He stated that the comments he made to the committee appear to be substantiated but will have to be based on an individual analysis of each property owner's SBA application. He stated that the duplication issue will apply whether it's SBA or other agencies.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Polovitz, Hamerlik, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Martinson - 8; voting "nay": Council Members Lucke, Bakken, Hafner - 3; Council Members Bouley and Brooks abstained their votes. Mayor Owens declared the motion carried.

APPROVE FUNDING FOR RETAINING SERVICES OF
ECONOMIST TO REVIEW ECONOMIC IMPACT OF FLOOD
ON AREA-WIDE BUSINESSES

The Flood Response Committee reported having considered the matter of retaining services of an economist to look at economic impact of flood on area-wide businesses, and recommended approval of up to $30,000 for consulting to establish a firm base for the economic losses in Grand Forks.

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

Council Member Carpenter reported he met with Mayor Owens and the city auditor relative to this matter to negotiate the final proposal with EQE International and moved an amendment to the motion to increase the cost to $38,732, which is the final negotiated proposal. Council Member Hafner seconded the motion. Carried 13 votes affirmative.

Council Member Martinson questioned the need for the services of consultants, and asked for clarification.

The city auditor reported that this is trying to consolidate the full impact of the damages, and thinks it is a number we have to have, in particular when talk to the State, but also useful for many other purposes.

He stated one of the other aspects of this is the economist will assist them and do a forecast out for a five-year period to allow City to look forward and see what impacts are projected to be as the building boom dies off, and where may have to be adjusting some things. He stated that the other aspect is that they will give us the tools to annually review that and apply the information from other areas against that forecast to see if we are losing ground or gaining ground. Council Member Lucke stated that when done with this, will still have just an estimate of what those damages are, that there is no question that substantial damage here, whether $1.2 billion or $2 billion, fails to see the value of paying a lot of money to out of state consultants that compile data that somebody could do locally, and particularly opposed to spending CDBG money on something that could very well be interpreted as lobbying activities.

Council Member Glassheim stated they will be asked in the legislature what our losses have been in Grand Forks and whether monies which have come in to assist us have substantially filled those losses. He stated we know that we've suffered in Grand Forks huge losses, have got to be able to have a reliable accurate outside person whose estimates do not seem to be self-supporting for the city if we are to make our case to the legislature.

Mayor Owens stated that when in Boulder, CO and knew we needed this information and didn't have anybody to provide it, FEMA officials told them that we would need someone who had worked with disasters and EQE came highly recommended to give us the information that we would need for the future years.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner - 7; voting "nay": Council Members Lucke, Hamerlik, Lunak, Martinson, Brooks, Polovitz - 6. Mayor Owens declared the motion carried.

APPROVE APPOINTMENT TO BOARD OF HEALTH

Mayor Owens announced the appointment of Council Member Bouley to the Board of Health for a one-year term expiring in June, 1999. It was moved by Council Member Brooks and seconded by Council Member Lunak to approve the appointment. Carried 13 votes affirmative.

APPROVE APPOINTMENT TO EVENTS CENTER COMMITTEE

Mayor Owens announced the appointment of Council Member Klave to the Events Center Committee to replace former Council Member Beach. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik to approve the appointment. Carried 13 votes affirmative.

APPROVE SISTER-CITY AGREEMENT WITH THE
CITY OF AWANO, JAPAN

Mayor Owens reported that prior to the flood they had considered the matter of sister city agreement with Awano, Japan; that they were here several times and came during the flood and gave us a substantial amount of money; that this has been delayed for over a year and the agreement is in front of us at this point and asked for council's approval to move forward on that. She reported that they would be here October 5 to officially sign that agreement. She stated that along with the agreement were going to provide them with $2,000 and needs approval to move forward on this. It was moved by Council Member Hafner and seconded by Council Member Bouley to approve entering into sister-city agreement with the City of Awano, Japan. Carried 13 votes affirmative.

MATTER OF THANK-YOU BOOTH AT STATE FAIR

Mayor Owens reported they are having a "thank you" booth at the State Fair July 24 to August 1, and that it would be very effective if could have some of our elected officials to visit with people. She stated that those interested to contact Christi Stonecipher, who is coordinating that and will explain process.

ACCEPT PETITIONS OPPOSING THE AURORA EVENTS
CENTER

Mayor Owens presented for the record petitions submitted by Ron Fischer with 700 signatures opposing the Aurora events center; that petitions are on file with the City.

INFORMATION FROM MAYOR

Mayor Owens reported that she and Ken Vein, city engineer, gave a presentation in Boulder, CO with two other individuals on flood hazard mitigation workshop, and hopefully next year, the City will be in line to be a disaster resistant community and if in line, could receive up to $500,000 for projects through FEMA for disaster resistant community.

Mayor Owens presented the matter of the cost matrix, that the City needs to put any requests into packet and present to council, with meeting of council or committee of the whole to be held the second week in August, but the city auditor needs time to get the capital items in line with capital improvement items. It was stated that any requests, plans, suggestions, etc. could be submitted prior to August 5, with review by staff prior to the meeting. It was suggested that any presentations and discussion be sent to Flood Response, and come back with recommendation to the full council.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Bakken reported he'd received complaint about grass around city water tower behind Menards; the matter was referred to the health department.
2) Council Member Martinson questioned status of petition that came before the council on 17th Avenue bridge project, and when brought up for discussion. It was noted that this was tabled indefinitely and staff wants opportunity to meet with East Grand Forks, and that meeting couldn't be scheduled until after August 9. Council Member Carpenter reported that the intent was when delayed was to try to get something back the first part of September; that there are a lot of issues that going to have to work with East Grand Forks over the years, ie., greenway, and need to have some cordial relations and want to discuss in larger context, that no one on council is in favor of 17th to 32nd Avenue bridge, and everyone will have their opportunity to speak to it, and want to try to see where East Grand Forks is coming from and why insisting upon the positions they are because each City adopting a different plan accomplishes nothing and jeopardizes all our Federal funding so have to come to some consensus on this in September or modi-fied proposal. Council Member Hamerlik reported that the motion was to table but not to table indefinitely and can be brought up at any time, that if it passes then it will be discussed, unless if brought up under new business, where it could be considered controversial.
3) Council Member Hamerlik reported that over the years have had some difficulties with bidding process to make sure done correctly and made some improvements, and would like to have some committee review bidding process and have some department solely responsible for that. The city auditor reported there is a process set in place that every department has a purchasing and procedures manual, and agrees that need to re-educate.
4) Council Member Brooks asked that the subject of bidding be referred to the finance committee.

AUTHORIZE ENTERING INTO TWO-WAY AGREEMENT
WITH GRAND FORKS HERALD TO INSTALL SIDEWALKS
IN CITY R/W

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement for Grand Forks Herald, and recommended to authorize entering into a two-way agreement with the Grand Forks Herald to install sidewalks in City right of way between alley and 4th Street.

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

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Martinson that we do now adjourn. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek, City Auditor

Approved:
____________________________________
Patricia A. Owens, Mayor