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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 21, 1998

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, September 21, 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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 1.

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

PRESENT LEADERSHIP AWARD FROM NORTH
DAKOTA SOLID WASTE MANAGEMENT ASSOCIATION

Mayor Owens presented an award to Dick Newman, solid waste manager for the City of Grand Forks from Annual Conference of the North Dakota Solid Waste Management Association, that the city of Grand Forks was recognized for its outstanding leadership in solid waste management following the Red River Valley flood of 1997, and read the citation…. "outstanding leadership award presented to the City of Grand Forks in recognition of your outstanding commitment and great leadership in waste management in your community, presented by the North Dakota Solid Waste Management Association in September, 1998.

APPROVE MINUTES JULY 6, 1998

Typewritten copies of the minutes of the city council meeting held on Monday, July 6, 1998, were presented and read. It was moved by Council Member Bakken and seconded by Council Member Bouley that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON REPLAT OF SPECIFIC
LOTS IN BLOCK 27, TOWN OF GRAND FORKS

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lots 1, 3, 5, the south half of 6, and all of 7, 8, 9, 10, 11, 12, 13, 14, 15, and part of 16, Block 27, Town of Grand Forks (D.T.), Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 8, 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 deputy 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 her 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.

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

ADOPT ORDINANCE NO. 3736 RELATING TO
POSSESSION AND MANUFACTURE OF FALSE
IDENTIFICATION

An ordinance entitled “An ordinance adopting Section 9-0112 of the Grand Forks City Code relating to the possession and manufacture of false identification”, which had been introduced and passed on its first reading on September 8, 1998 was presented and read.

Mayor Owens called upon the audience to see if there was anyone present 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3737 RELATING TO
ADOPTION OF THE UNIFORM BUILDING CODE

An ordinance entitled “An ordinance amending Section 19-0101 of the Grand Forks City Code relating to adoption of the Uniform Building Code” which had been introduced and passed on its first reading on September 8, 1998 was presented and read for consideration on second reading and final passage.

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

Howard Swanson, city attorney, reported that the city inspections department is recommending that the effective date of the modifications, if passed, to be October 1, 1998.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3738 RELATING TO
ADOPTION OF THE UNIFORM MECHANICAL CODE

An ordinance entitled “An ordinance amending Sections 19-0515 and 19-0517 of the Grand Forks City Code relating to the adoption of the Uniform Mechanical Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hafner that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3739 RELATING TO
ADOPTION OF NATIONAL ELECTRICAL CODE

An ordinance entitled “An ordinance amending Section 19-0208 of the Grand Forks City Code relating to adoption of the National Electrical Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.

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

It was moved by Council Member Babinchak and seconded by Council Member Hafner that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3740 RELATING TO
ADOPTION OF THE UNIFORM HOUSING CODE

An ordinance entitled “An ordinance repealing Article IV of Chapter 19 of the Grand Forks City Code relating to the Uniform Housing Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.

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

It was moved by Council Member Martinson and seconded by Council Member Glassheim that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3741 RELATING TO
EXCAVATION PERMIT FEES
An ordinance entitled “An ordinance amending Section 16-0409 of the Grand Forks City Code relating to excavation permit fees”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.

Steve Bruggeman, Manvel, ND asked that until have track record of how much this is going to cost would like to see City taking a second look at the increase to $40.00, would be added expenses to them.. Bev Collings stated they tried to have these fees cover some of the one-call system; and that they were looking to January 1, 1999 effective date.

Mayor Owens closed the public hearing.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that the effective date of the ordinance be January 1, 1999. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3742 RELATING TO
ADOPTION OF THE STATE PLUMBING CODE

An ordinance entitled “An ordinance amending Section 19-0325 of the Grand Forks City Code relating to adoption of the State Plumbing Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.

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

It was moved by Council Member Babinchak and seconded by Council Member Hafner that the
effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3743 RELATING TO
ADOPTION OF THE NORTH DAKOTA STATE SEWER
AND WATER CODE

An ordinance entitled “An ordinance amending Section 19-0326 of the Grand Forks City Code relating to adoption of the North Dakota State Sewer and Water Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.

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

It was moved by Council Member Babinchak and seconded by Council Member Hafner that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.

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

CONTINUE PUBLIC HEARING AND ADOPTION OF
1999 BUDGET

The deputy city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 1999 would be presented to the city council on Monday, September 21, 1998 at 7:30 o’clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 1999.

Mayor Owens opened the public hearing asked for comments from the audience and from the council.

It was moved by Council Member Babinchak and seconded by Council Member Hafner to continue the public hearing to Monday, September 28, 1998 at 7:30 p.m. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF
BARRIER AND ACCESS CONTROL LINE ON
REPLAT OF BLOCK 1, GRANSBERG 2ND RESUBDIVISION

The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the southerly 30 feet of the northerly 55 feet of a barrier and access control line as platted and identified on a Replat of Block 1 of Gransberg 2nd Resubdivision, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s 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.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7640.7 - Resolution.

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


APPROVE APPLICTAION FOR MOVING PERMIT TO
MOVE GARGE TO 1008 UNIVERSITY AVENUE
FOLLOWING PUBLIC HEARING

The deputy city auditor reported that the notice of public hearing on the application for moving permit to move garage from 1702 Riverside Drive to 1008 University Avenue had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permit to move garage from 1702 Riverside Drive to 1008 University Avenue, and recommended to approve application subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that the application to move the garage is approved. Carried 13 votes affirmative.

ACCEPT PETITION TO VACATE PORTION OF
UTILITY EASEMENT ADJACENT TO LOTS 3, 4 AND
5, BLOCK 1, KORYNTA-LEMM 3RD RESUBDIVISION

The matter of the petition for vacation of the utility easement adjacent to Lots 3, 4 and 5, Block 1, Kortynta-Lemm 3rd Resubdivision (located at 5118 and 5110 Gateway Drive) had been presented to the planning and zoning office and presented for setting of a public hearing.

It was moved by Council Member Martinson and seconded by Council Member Klave to accept the petition which is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required and the public hearing be set for Monday, November 2, 1998. Carried 13 votes affirmative.

APPROVE INSPECTORS OF ELECTION FOR GENERAL
ELECTION ON NOVEMBER 3, 1998

The deputy city auditor presented the listing of inspectors and polling sites for the general election to be held on November 3, 1998. It was moved by Council Member Hamerlik and seconded by Council Member Bouley that the listing of inspectors for the general election be approved as submitted. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The deputy city auditor presented the investment report for period ending August 31, 1998. It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 13 votes affirmative.

The deputy city auditor presented the statement of changes in cash balance for the period ending August 31, 1998. It was moved by Council Member Klave and seconded by Council Member Bakken to receive and file the report. Carried 13 votes affirmative.
BOARD OF ADJUSTMENT REPORT

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, August 27, 1998, that notice had been published as required and that the following appeals were heard: Nordean and Deanna Jelsing, 1115 South 20th Street, request for variance to the sill height requirement on egress windows was denied but Board allowed a sill height of 57” or the installation of steps to accomplish an acceptable sill height, but a sill height at or below the height required in the code year it was built in is acceptable.

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

APPROVE BILLS

Vendor Payment Listing No. 98-16, dated September 21, 1998 and totaling $8,116,767.84, 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 Babinchak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE TRANSFER OF DOWNTON PROPERTIES
TO JOBS DEVELOPMENT AUTHORITY

Committee No. 1, Finance, reported having considered the matter of authorization to transfer downtown properties to Jobs Development Authority (JDA), and recommended to approve and authorize transfer of downtown City property to JDA: Document No. 7640.8 - Listing.

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

APPROVE VARIANCES TO NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the request from Beta Theta Pi fraternity for variance to noise ordinance on October 3, 1998 (fund raiser for SADD as part of Alcohol Awareness Week), and recommended to approve request until 12:00 midnight.

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

Committee No. 2, Public Safety, reported having considered the request from Red River High School to hold bonfire on October 1, 1998 from 8:30 to 10:30 p.m. and request for noise variance to play music during the school function (Homecoming Week), and recommended to approve request pending fire and police approval and approval as to location.

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

APPROVE BUDGET AMENDMENT

A request for amendment of the Health Department budget in the amount of $1,651.00 to reflect unanticipated CSCC revenue to cover projected shortages in 1998, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be and is hereby approved. Carried 13 votes affirmative.

APPROVE JOINT POWERS AGREEMENT WITH COUNTY
OF GRAND FORKS AND GRAND FORKS COUNTY
CORRECTIONAL CENTER FOR ELECTRONIC BOOKING
OF PRISONERS

Committee No. 2, Public Safety, reported having considered the matter of automatic fingerprinting system grant and Memo of Understanding, and recommended to approve, and authorize entering into joint powers agreement with County of Grand Forks concerning purchasing and maintaining equipment for the electronic booking of prisoners, with City to furnish matching grant in the amount of $15,400.00 form an equipment grant.

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

APPROVE REQUEST BY HABITAT OF HUMANITIES
TO CONSTRUCT HOUSE ON UND CAMPUS

Committee No. 3, Public Service, reported having considered the request by Habitat for Humanities to build house on UND Campus (Cambridge and University), and recommended to grant a one-time conditional use approval for Habitat for Humanities to construct the house.

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

APPROVE REQUEST BY RED RIVER HIGH SCHOOL
FOR WAIVER OF BUILDING PERMIT FEE FOR CLASS
PROJECT

Committee No. 3, Public Service, reported having considered the matter of request by Red River High School for waiver of building permit fee (class project), and recommended to approve request to waive fees for the two houses.

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

APPROVE ALLEYWAY AND UTILITY EASEMENT
FOR PROJECT NO. 4800
Committee No. 3, Public Service, reported having considered the matter of alleyway and utility easement for alley paving project No. 4800, on west side of West Elementary School, for and in consideration of the sum of $1.00, grantor, Grand Forks Public School District No. 1, and recommended to approve easement at cost of $1.00.

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

AUTHORIZE ENGINEERING DEPARTMENT TO
PREPARE PLANS AND SPECIFICATIONS FOR
TRAFFIC SIGNAL DETECTOR LOOPS CITYWIDE

Committee No. 3, Public Service, reported having considered the matter of request for quote to repair traffic signal detector loops citywide, and recommended to authorize engineering department to prepare plans and specifications for the project.

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

APPROVE ENCROACHMENT AGREEMENT WITH
GRAND FORKS HERALD FOR BERM AREA

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement with the Grand Forks Herald for berm area in front of building, and recommended to authorize entering into encroachment agreement with the Grand Forks Herald for area in front of their building.

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

APPROVE EXTENSION OF RR SPUR FROM STATE
MILL TO RESIDUAL PROPERTIES (ON 27TH AVE. NORTH)

Committee No. 3, Public Service, reported having considered the matter of railroad crossing on 27th Avenue North (extension of RR spur from State Mill to Residual Properties), and recommended to approve request, contingent upon plan review by the city engineering department, and approval be subject to review by the city attorney and to include encroachment agreement with hold harmless and maintenance agreement as determined by legal counsel.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH
NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
FOR FLAPGATES ON SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of hold harmless agreement for flapgates on South Washington Street, and recommended to authorize entering into the agreement with the North Dakota Department of Transportation.

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

RECEIVE AND FILE PRELIMINARY REPORT ON
PROJECT NO. 4530, WATER DISTRIBUTION SYSTEM
MODELING

Committee No. 3, Public Service, reported having considered the matter of preliminary report on Project No. 4530, water distribution system modeling, and recommended to receive and file report, and to refer to public works for further study and implementation of proposals.

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

APPROVE SELECTION OF CONSULTANT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4772,
RED RIVER DAM EROSION CONTROL AND BOAT RAMP

Committee No. 3, Public Service, reported having considered the matter of consultant selection for proposals for engineering services for Project No. 4772, Red River Dam erosion control and boat ramp, and recommended to approve selection of the consultant, SEH/CPS, and to negotiate contract for the proposal.

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

APPROVE SELECTION OF CONSULTANT FOR
PROJECT NO. 4824, OVERLAYING LOCAL STREETS
CITY-WIDE

Committee No. 3, Public Service, reported having considered the matter of consultant selection for proposals for engineering services for Project 4824, overlaying local streets city-wide, and recommended to approve selection of the consultant, Widseth Smith Nolting, and to negotiate contract for the project.

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



AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT 4841, TO
REPLACE OUTDOOR SIREN SYSTEM

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services, design engineering, for Project 4841, replace outdoor siren system, and recommended to authorize entering into the agreement in an amount not to exceed $27,700.00, project CDBG eligible.

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

APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4719

Committee No. 2, Public Service, reported having considered the matter of amendment to engineering services agreement for Project No. 4719, restore sanitary sewer on Area 2 (Amendment No. 2 in the amount of $50,000 to increase total project to $300,000, Webster, Foster & Weston, consulting engineer), and recommended to approve Amendment No. 2 to the contract to increase contract to $300,000 and to allocate CDBG funding.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NOS. 4701 AND 4869, UTILITIES IN COLUMBIA PARK
25TH ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4701 and Project No. 4869, storm sewer and watermain in Columbia park 25th Addition, and recommended to approve plans and specifications.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4856, STORM SEWER ON PORTION OF CHERRY STREET

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4856, storm sewer on Cherry Street from 55th Avenue South to the Southend Drainway, and recommended to approve plans and specifications to proceed into construction phase of the project, project CDBG eligible.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommenda- tion be and is hereby approved. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PAVING
PROJECT NO. 4874

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4874, paving South 3rd Street from Kittson to DeMers Avenue, and recommended to approve plans and specifications for the project, that funding source be identified prior to vote.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4371, WASTEWATER TREATMENT PLANT BID
PACKAGE 3 (REACTOR BASIN AND DISTRIBUTION
STRUCTURE)

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4371, Wastewater Treatment Plant Bid Package #3, reactor basis and distribution structure, and recommended to approve plans and specifications, and authorize call for bids.

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

ACCEPT BIDS FOR PROJECT NO. 4684, SANITARY
LIFT STATION NO. 33

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4684, Sanitary Lift Station No. 33, and recommended to accept the award of contracts as follows: Construction Engineers for general contract in the amount of $488,653, McFarlane Sheet Metal for mechanical contract in the amount of $16,456.00, Bergstrom Electric for electrical contract in the amount of $137,961.00, and D & D Torgerson Contracting, Inc. for Schedule C forcemain in the amount of $103,452.52.

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

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

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4669.3, DISTRICT NO. 386.3, SOUTHSIDE DRAINWAY PHASE 2B

The deputy city auditor presented and read tabulation of bids which had been received and opened on September 14, 1998 for Sewer Project No. 4669.3, District No. 386.3, Southside Drainway Phase 2B, indicating that R.J.Zavoral & Sons was the low bidder based upon their bid in the amount of $1,407,406.05: Document No. 7640.9 - Bid Tabulation.

The city engineer’s estimate of total cost on Sewer Project No. 4669.3, District No. 386.3 in the amount of $1,689,000.00 (which does not include contract construction engineering or land costs), was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4669.3, District No.386.3, Southend Drainway Phase 2B, and recommended to return the bid of Park Construction Company, Minneapolis, MN unopened as it did not meet bidding requirements (did not acknowledge two Addenda either on the bid envelope or in separate bid bond envelope on the outside of the bid).

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

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4669.3, District No. 386.3, Southend Drainway Phase 2B, and recommended to accept the low bid of Zavoral & Sons in the amount of $1,407,406.05.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7640.10 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4669.3, District No. 386.3, to R. J. Zavoral & Sons be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

APPROVE CHANGE ORDER FOR PROJECT NO. 4756

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4756, paving Belmont Road, C.O. No. 2, Strata Corporation, $5,504.29, and recommended to approve the change order, which is CDBG eligible.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4654.466

Committee No. 3, Public Service, reported having considered the matter of change order for Project No.

4654.466, priority sewer repairs, C.O. No. 2, Robert Gibb & Sons, contractor, $119,100.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4671

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4671, Rehab Lift Station 21, C.O. No. 1, Smith Construction Co., Inc., contractor, and recommended to approve the change order extending the completion date to November 15, 1998.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4439

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4439, Lift Station 38, C.O. No. 4, Wanzek Construction, Inc., and recommended to approve the change order in the amount of $4,758.00 and approve 45-day extension of completion date to October 15, 1998.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4439

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4439, Lift Station 38, C.O. No. 3, United Crane & Excavation, Inc., and recommended to approve change order in the amount of $0.80.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4687

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4687, clean sewer, C.O. No. 6, Viking Pipe Services Co., Inc., and recommended to approve the time extension on sewer restoration to June 1, 1999.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4371, process equipment. C.O. No. 1, wastewater facility, and recommended to approve the change order to allow progressive payments to BDT/LPH prior to having submitted all of the show drawings.

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

RECEIVE AND FILE 50-YEAR WATER QUANTITY
AND NEEDS STUDY UPDATE, PROJECT NO. 4254

Committee No. 3, Public Service, reported having considered the matter of 50-year water quantity and needs study update, project No. 4254, and recommended to receive and file.

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

AUTHORIZE ENTERING INTO AGREEMENT TO
INSTALL UTILITIES ON NORTH 51ST STREET

Committee No. 3, Public Service, reported having considered the matter of three-way agreement to install utilities on North 51st Street, and recommended to authorize entering into the three-way agreement with developer and engineer.

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

APPROVE PLANS AND SPECIFICATIONS FOR
UTILITY SERVICES ON NORTH 51ST STREET

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for utility services on North 51st Street, and recommended to approve plans and specifications for the project.

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

APPROVE FUNDING FOR RECYCLING EDUCATION
PROGRAM



Committee No. 3, Public Service, reported having considered the matter of funding for recycling education program, and recommended to approve City funding in the amount of $22,200, contingent upon grant award from Children’s Services Coordinating Committee.

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

ACCEPT BIDS FOR CONTAINERS FOR SIDE-LOAD
TRUCKS

Committee No. 3, Public Service, reported having considered the matter of containers for side-load trucks, and recommended to approve Roto Industries bid in the amount of $639,535.00.

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

Council Member Lucke stated that based on bid proposals to make a substitute motion to offer to buy from Roto Industries 5900 of the 90-gal. containers at $51.95 for a total of $306,505.00, 120 of the 300-gal. containers at $177.75 for a total of $21,330.00, for a total purchase from Roto Industries of $327,835.00, and from the AmeriKart Company 6,000 containers at the $38.90 bid for a total of $233,400.00, total purchase for the City of $561,235.00, which will save the City $78,300.00. The motion was seconded by Council Member Lunak.

Council Member Hamerlik questioned the splitting of the award. Mr. Swanson stated he had not reviewed the bid specifications or bid sheet to determine whether this was a unit price bid or not, that if bid as a unit price bid in theory would be able to do this, but if bidding on a lump sum basis, the motion would not appear to be in compliance with bid requirements.

Council Member Hamerlik questioned whether a reason for benefit to the City would have to be given to split the bid and stated in the motion. Mr. Swanson stated that the law in North Dakota on bidding is that generally speaking the City is obligated to pick the lowest and best bid, doesn’t necessarily mean the lowest price bid is the best bid; any facts supporting an alteration of an original motion to award to low bidder should be stated on the record. He stated that with respect to whether or not the bid specs. will allow for selecting different quantities or different types of containers, without reviewing bids specs., is not in a position to advise you that it does or does not allow for that. He stated the other option the council would have would be to reject all bids and to rebid with change in specifications.

Charles Grotte, asst. public works director, stated that the bid of AmeriKart did not meet specifications, but provided a bid on a linear plastic and the City called for a crosslink plastic and questioned whether could award something that was not specified.

Council Member Beyer stated that AmeriKart did not meet specs. while other 7 or 8 bidders who submitted bids for crosslink, but also those bidders carry linear, and to single AmeriKart out who didn’t even meet the specs. in the first place is not fair to other bidders, and if truly bid linear then let other bidders have opportunity to bid it; and also object to splitting bid when staff doesn’t feel linear plastic suitable because of weather.

After considerable discussion a substitute motion was moved by Council Member Lunak to reject all bids and refer to committee for review and approval of plans and specifications and call for rebid. Council Member Lucke seconded the motion.

Upon call for the question on the substitute motion, to send to reject the bids and to rebid , and upon roll
call vote the following voted “aye”: Council Member Brooks, Lucke, Hamerlik, Glassheim, Lunak, Martinson - 6; voting “nay”: Council Members Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 7. Mayor Owens declared the motion defeated.

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

APPROVE REQUEST FOR INCLUSION IN PHASE III
HOUSING REHAB PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Phase III Housing Rehab Program, request from Steve and Marlys Lunseth, 1001 Belmont road, to be included in the Program, and recommended to approve the request.

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

ACCEPT BID FOR PRIVATE SALE OF PROPERTY,
REHAB ON-SITE

Committee No. 4, Urban Development, reported having considered the matter of review of RFP on single-family homes for private sale, rehab on-site, 2624 Olson Drive, and recommended to accept the bid of Proposal No. 1 in the amount of $78,650.

Committee No. 4, Urban Development, reported having considered the matter of review of RFP on single-family homes for private sale, rehab on-site, 806 North 25th Street, and recommended to accept the proposal (only one proposal received).

Committee No. 4, Urban Development, reported having considered the matter of review of RFP on single-family homes for private sale, rehab on-site, at 2503 9th Avenue North, and recommended to accept proposal (only one proposal submitted).

Committee No. 4, Urban Development, reported having considered the matter of review of RFP on single-family homes for private sale, rehab on-site, at 302 5th Avenue North, and recommended that we accept offer of Proposal #3 in amount of $10,000 on conditions they meet minimum bid requirements and bring back to committee in two weeks if they do not meet bid requirements

Committee No. 4, Urban Development, reported having considered the matter of review of RFP on single-family homes for private sale, on-site rehab, 1813 North 3rd Street, and recommended to accept Proposal #1 in the amount of $44,000.

Committee No. 4, Urban Development, reported having considered the matter of review of RFP on single-family homes for private sale, rehab on-site, 28 Vail Circle, and recommended to accept proposal of Bid Proposal #2 in the amount of $14,872, contingent upon meeting minimum bid requirement.

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

AUTHORIZE CALL FOR BIDS FOR CITY CENTER
MALL

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition (matter of bid package to re-install electrical and mechanical work into buildings that City owns in Mall area that are going to remain for heating this winter), and recommended to advertise for bids.

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

APPROVE CHANGE ORDERS FOR CITY CENTER
MALL PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of change orders for City Center Mall projects, Change Order No. 3, $88,424 (filling basement extension), and recommended to approve the change order.

Committee No. 4, Urban Development, reported having considered the matter of change orders for City Center Mall projects, Change Order No. 4, $46,466.00 (extension waterline service to four buildings that are being saved), and buildings on east side of 3rd Street and Berg Building, and recommended to approve the change order.

Committee No. 4, Urban Development, reported having considered the matter of change orders for City Center Mall projects: Change Order No. 5, $60,968.00 (revising subgrade design at 3rd Street), and recommended to approve the change order.

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

APPROVE AWARD OF BIDS FOR DEMOLITION OF CITY
CENTER MALL

Committee No. 4, Urban Development, reported having considered the matter of award of bids for demolition of City Center Mall, and recommended to accept the bid of MTC, Inc. for base bid in the amount of $124,400 and acceptance of Alternate 1 for removal of 199 DeMers Avenue in the amount of $6,600, Alternate 2 for Phoenix Block in the amount of $48,000 and Alternate 3, Panovitz Building in the amount of $43,000.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motions carried.

APPROVE EXCEPTION TO RELOCTION VOUCHER
PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of request for exception in Relocation Voucher Program by Judy DeMers, 901 University Avenue, and recommended to grant an exception for this request that we hold funds until occupancy occurs.

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

Council Member Glassheim asked to be excused from voting on this matter; it was moved by Council Member Klave and seconded by Council Member Babinchak that Council Member Glassheim be excused from voting on this matter. Carried 12 votes affirmative.

Terry Hanson, Urban Development Office, reported that they received two allocations from HUD, $50 million in July 1997, and second allocation of $121 million in February, 1998; that the regulations require that those funds be obligated within two years of the date of the grant and that they be expended within three years of the date of the grant; Ms. DeMers’ request is to extend her receipt of the funds until November, 2000, that she is a state legislator and at that time the legislative election will have passed; that is later than the deadline that they would have for obligating the funds, however, to assist her that the funds they have obligated to this program, will be able to withdraw those funds if not expended out of the voucher program, and place them into another program where the funds have been obligated . He stated they wouldn’t have to worry about little deviation in the program like this would have any problem retaining these funds for city use. Mr. Hanson stated there maybe other cases and would bring them before the committee.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Glassheim abstained from voting.

ACCEPT BID FOR PHONE SYSTEM FOR CIVIC
AUDITORIUM

The Flood Response Committee reported having considered the matter of Mortenson update, civic auditorium phone system, and recommended approval of the or/equal product bid by Jacobson Office Products in the amount of $10,900 for the civic auditorium phone system.

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

The Flood Response Committee reported having considered the matter of Mortenson update, Corporate Center Gen. #1 Package (large building enclosure package), and recommended approval of the low bid of T.F. Powers in the amount of $1,897,575.00 for the large building enclosure package for the Corporate Center and Skyway.

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

The Flood Response Committee reported having considered the matter of Mortenson update, Corporate Center ramp, and recommended approval of the bid from MnDAK Concrete, Inc. in the amount of $1,560,931.00 for structural precast for the Corporate Center parking ramp.

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

APPROVE FUNDING SOURCE FOR STAFFING NEEDS

The Flood Response Committee reported having considered the matter of staffing needs funding source, and recommended approval to transfer the funding source for seven positions at Urban Development from project delivery to program administration.

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

The Flood Response Committee reported having considered the matter of staffing needs, grade level, and recommended approval of the change in grade level from Grade 14 to Grade 16 for a position in Human Resources.

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

The Flood Response Committee reported having considered the matter of staff needs benefits, and recommended to receive and file.

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

DECLARE MATTER OF SURPLUS HOUSES

The Flood Response Committee reported having considered the matter of surplus homes, and recommended approval to declare the following homes as surplus: 803 and 811 Almonte Avenue, 2515 Olson Drive, 1023 Lincoln Drive, 10 Fenton Avenue, 3211, 3121, 3141, 3107 and 3207 East Elmwood Drive.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE BID FOR RESIDENTIAL ENVIRONMENTAL
ABATEMENT

The Flood Response Committee reported having considered the matter of residential environmental abatement Bid Package #39 (6 houses), and recommended approval of the low bid by MAAC in the amount of $19,128.50 for the abatement of 6 houses in Bid Package #39.

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

APPROVE PROPOSAL TO INCLUDE CHANGE IN
SMALL BUSINESS REDEVELOPMENT PROGRAM

The Flood Response Committee reported having considered the matter of Business Assistance Program, and recommended approval of the Small Business Redevelopment Program as proposed to include a Workforce Assistance Program with slight redrafting.

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

Terry Hanson, Urban Development, reviewed portion of the program in answer to questions by Council Member Lunak, that most of the downtown businesses that received a grant probably received in excess of $100,000, making them ineligible for this program as he is proposing that a max. of city-assistance of $100,000. He stated that it was brought to his attention that there are businesses downtown that hadn’t received any assistance through the Downtown Grant Program or business itself received a very minimal amount which was for improvements made to a building they didn’t own, was improvements to the landlord or lease holding improvements to the landlord’s building; that business is still in need of some financial assistance for the business, lost inventory, fixtures and that it is proper to include downtown businesses in the program. Mr. Hanson reported that is one of the reasons why they proposed that they have an open application period through October 23 is that if have an excessive amount of applications, more than what they anticipate, they will bring this back to committee and the council to reconsider the guidelines of the program to see if they should be adjusted so can give more assistance to some of the businesses that apply. Mr. Hanson also reported that this is retroactive and would include previous assistance up to $100,000, that his intentions were that an existing loan or assistance will be altered to meet this criteria.

Council Member Hamerlik stated he has a concern, that he doesn’t like to see $250,000 taken out of a $2 million program, and if there isn’t enough money after all the applications are received to come back with some suggestions on ways of changing that, maybe looking to reduce this or have additional CDBG money for the $250,000 or take out of some other area.

Council Member Martinson stated that at their September 8 meeting the $2 million was to go towards Small Business Recovery, either in form of loans or grants, and not looking at taking 10% of that $2 million for another program, and asked when funds made available. Mr. Hanson stated funds available October 24. He stated that when developing this program, they were looking at the $250,000 grant to an Employee Assistance Program or training program, that he went back through the study that was done in conjunction with the City, University and Chamber in March and April and at that time the response showed a shortage of workers with a lower quality of work force available as compared to the first part of 1997, higher employee turnover as compared to the first three months of 1997, that finding and retaining good dependable help as the biggest problem facing their business today. He stated that the $250,000 is assistance directed towards the small businesses in town, and is trying to leverage those dollars with other dollars that are available and encourage the small businesses in town that are struggling to get the assistance they need where there are some job-training programs or like job-training programs for which they are not eligible, and help fund them; and these are programs out of the $2 million that are still directed towards assisting small business, and are grants. He also reported that when the pre-application time is over if the circumstances are different than we think they may be, can reevaluate the whole program.

Bob Gustafson, Chamber of Commerce, stated that in trying to find a meaningful approach to dealing with worker issues, that the spring survey showed that one-third of our businesses were suffering from worker shortage and 28% of those businesses ranked the quality of the workforce as a serious concern to their business recovery. He stated they have looked at this program in terms of the Co-Op Subsidy Program, their effort was to try to take advantage of some of the resources that we have in our community and try to make this a win-win situation. He stated they have received information from Mr. Hanson as to the benefits of this program; that the Co-Op Program provides a wonderful opportunity for young people that are going to go to the University by providing a subsidy to help with the wages paid to some interns here in Grand Forks, the benefits for business in helping deal with the workforce concerns that we have, the benefits for the students to get some real world experience in Grand Forks, and benefits University in terms of retaining as well as possibly recruiting students to come to Grand Forks, as well as for our community from a tax base standpoint, seems to be win-win situation.

Mr. Hanson stated there has to be some criteria met that shows that the business is viable, will consider that; that they will be very open on explanations given and assist as many as can. It was also noted that payments could not be made on October 24 as earlier stated because of application process, etc. It was noted that informational forums on the employer-training pro-grams as well as Co-Op Program will be held on October 7 and 8.

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

COUNCIL MEMBER BROOKS EXCUSED

Mayor Owens reported that the Chamber of Commerce has its annual retreat to plan their year’s
agenda and vision, and council members are invited, weekend of October 16, in Grand Rapids.

COMMUNICATIONS FROM THE MAYOR, AND
MATTER OF NATIONAL LEAGUE OF CITIES

Mayor Owens reported that after last council meeting they had asked for volunteers for attendance at the National League of Cities, and only two responses were Council Members Carpenter and Hamerlik. It was moved by Council Member Beyer and seconded by Council Member Hafner to approve attendance at the meeting. Carried 12 votes affirmative.
COUNCIL MEMBER BROOKS REPORTED BACK

Mayor Owens also reported that they have been working on electronic voting system for the council chambers, and they are seriously looking at the electronic voting system at this time.

APPROVE BRIDGE FINANCING FOR CONRESSIONAL
1 AND 2

Committee No. 4, Urban Development, reported having considered the matter of request for bridge financing for Congressional 1 and 2, and recommended approval, with funding of $500,000 from Loan Stabilization Fund and $1 million from surplus sales tax at 6% interest, City to have mortgage on all developed lots.

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

Council Member Carpenter stated that they need to amend the motion that it not be going directly from the City to Grand Forks Homes, but the City should be loaning the money to the Grand Forks Growth Fund, which is JDA, and would have to hold Jobs Development Authority meeting to consider lending money from JDA to Grand Forks Homes, and moved the amendment that the City of Grand Forks would lend the money to the Grand Forks Growth Fund.. Council Member Hafner seconded the motion..

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

Council Member Martinson asked to be excused from voting on this matter. It was moved by Council Member Beyer and seconded by Council Member Hafner that Council Member Martinson be excused from voting. Carried 12 votes affirmative.

Council Member Carpenter stated that authorizing the loan to the JDA will allow council to have a week to consider and get more information, and make the final decision on the loan to Grand Forks Homes a week from tonight when they meet as JDA.

Upon call for the question on the amendment, and upon voice vote, the motion carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none; and Council Members Klave and Martinson abstained from voting. Mayor Owens declared the motion carried

APPROVE CHANGE ORDER TO ADD WATERLINE
EXTENSION ON WEST SIDE OF STREET IN MALL AREA,
MOLSTAD EXCAVATING, INC.

Committee No. 4, Urban Development, reported having considered the matter of change order to add waterline extension on west side of street in Mall area, and recommended to approve change order to Molstad’s in the amount of $4,000.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Glassheim reported he had received a call re. mice in vacant buildings on South 5th Street, and matter referred to the health department.
2) Council Member Hamerlik asked for update re. certain odors in last couple weeks in Wards 1 and 2 coming from the north. It was noted that the health dept. had called and odor coming from Simplot re. grade of potatoes using and took several days to get odor out of their system.
3) Council Member Lucke reported that in anticipation of budget meeting next week that the city auditor prepare a schedule of special assessment projects that will be expiring in the next five years so can take a look at some other potential windfalls to our fund balance to use to pay bills of next year that he keeps referring to, and would like information before the budget meeting.
4) Council Member Brooks asked what process was for changing the size of the council, referred to the city attorney.
5) Council Member Babinchak thanked Bob Ulland for all the work that he has done as City employee and wished best of luck in his next venture.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
Deputy City Auditor

Approved:
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Patricia A. Owens, Mayor