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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, December 21, 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, December 21, 1998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

Mayor Owens introduced Brig. Gen. James. A. Hawkins, who has been at the Air Force Base since July, 1997 and stated that he and his wife, Linda, have been great asset to the city of Grand Forks, that he is going back to Washington, D.C., acknowledged what they have done for the city and presented Gen. Hawkins a key to the city.

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.

SUSPEND AGENDA AND CONSIDER MATTER OF
ADMINISTRATION, MARKETING AND MANAGEMENT OF
CONGRESSIONAL I AND II

It was moved by Council Member Martinson and seconded by Council Member Beyer to suspend the agenda and consider the matter of administration, marketing and management of Congressional I and II. Carried 14 votes affirmative.

Council Member Beyer reported that Ms. Page, Grand Forks Homes, was unable to attend tonight’s meeting, that she and others have received number of telephone calls and that it would be wise to send this back to committee to discuss further. Council Members Beyer and Polovitz asked to send this matter back to the Urban Development Committee.

RECONSIDER MATTER OF ORDINANCE NO. 3754 TO
AMEND ZONING REGULATIONS RE. USES PERMITTED
IN A-2 (AGRICULTURAL RESERVE) DISTRICTS, AND
READOPT ORDINANCE

The city auditor reported that at the time of adoption of Ordinance No. 3754 on December 7, 1998, the notice of public hearing did not meet the publication requirements for amending a zoning ordinance.

It was moved by Council Member Beyer and seconded by Council Member Hafner to reconsider the matter of Ordinance No. 3754 relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0207, A-2 (Agricultural Reserve) District, subsection (2), uses permitted. Carried 14 votes affirmative.

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code amending Chapter XVIII, Article 2, Zoning, Section 18-0207, A-2 (Agricultural Reserve) District, subsection (2) uses permitted”, which had been introduced and passed on its first reading on November 16, 1998, and upon which public hearing was scheduled for December 7, 1998, was presented and read for consideration on second reading and final passage.
The city auditor reported that Planning and Zoning Commission had looked at this and recommended final approval and passage of the ordinance to include a minimum distance of 660 feet between the animal clinic and residential dwellings or residential lots not owned or occupied by the owner of the clinic or his or her custodian; and included in this is the second reading of the ordinance.

Mayor Owens opened the public hearing and asked for comments. There were no comments and the hearing was closed.

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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCES NOS. 3759, 3760 AND 3761
RELATING TO UTILITY RATE INCREASES FOR 1999

An ordinance entitled “An ordinance amending Section 15-0117.1 of the Grand Forks City Code relating to fees for storm sewer service” which had been introduced and passed on its first reading on December 7, 1998, was presented and read for consideration on second reading and final passage.

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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.

An ordinance entitled “An ordinance amending Sections 15-0301 and 15-0304(2)(F) of the Grand Forks City Code relating to fees for wastewater”, which had been introduced and passed on its first reading on December 7, 1998, was presented and read for consideration on second reading and final passage.

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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.

An ordinance entitled “An ordinance amending Sections 15-0115 and 15-0116 of the Grand Forks City Code relating to fees for water service”, which had been introduced and passed on its first reading on December 7, 1998, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING FOR CONSIDERATION OF TRANSIT
OPERATING ASSISTANCE OF URBAN MASS TRANSPORTATION
ACT OF 1964, AS AMENDED AND APPROVE PROGRAM OF PROJECTS

The city auditor reported that notice had been published calling for public hearing to be held this evening for consideration of the Transit Operating Assistance under 49 USC 5307 (formerly Section 9) of the Urban Mass Transportation Act (UMTA) of 1964 as amended; and in order to receive 49 USC 5307 funds the City in its capacity as the designated recipient published its Program of Projects as required by the Federal Transportation Act of 1982. Projects for the Grand Forks portion of the Grand Forks, North Dakota/East Grand Forks, Minnesota urbanized area covers the period from January 1, 1999 to December 31, 1999 are as follows: Operating Assistance (FTA Activity No. 30.09.80), $568,000; 1. transit portion, $433,000 and 2. Dial-a-Ride portion, $135,000; and Total Sources of Funding: 1. Federal Transit Administration, $568,000, 2. State of North Dakota (State share), $42,000, 3) City of Grand Forks (local share), $594,000.

Mayor Owens opened the public hearing, there were no comments made and she closed the public hearing.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that the City has coordinated with the Grand Forks/East Grand Forks Metropolitan Planning Organization to assure that the procedures establishing in the public involvement process satisfy the requirements in development of the project budget and grant application requirements. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the cash balance report as of November 30, 1998. It was moved by Council Member Babinchak and seconded by Council Member Martinson to receive and file the report. Motion carried.

APPROVE BILLS

Vendor Payment Listing No. 98-22, dated December 21, 1998, and totaling $5,607,788.07, 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 Hafner 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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE PLAN FOR FUNDING OF FLOOD PROTECTION
PLAN

Committee No. 1, Finance, reported having considered the matter of plan for funding of flood protection plan, and recommended adoption of a resolution that the local share of the permanent flood protection plan be funded from special assessments, current city sales tax, current mill levy and the implementation of a new use tax and that the dollar amounts be for preliminary advice only as they are based off a $65 million funding goal and be there for advisory allocations.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak 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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE CLOSING OF SENIOR CITIZENS FUND

Committee No. 1, Finance, reported having considered the matter of closing Senior Citizens fund, and recommended approval to give the $2,000 plus funds to the Senior Citizens Center and close the fund.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak 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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for budget amendment from the Mayor’s Office in the amount of $33,500 from donations from 1997 but disbursed in 1998, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment from Planning and Zoning Commission in the amount of $33,782.28 from cash carryover to contingency account to cover negative balance due to new planning director search and related expenses, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment from GGF Youth Committee in the amount of $9,600.54 from cash carryover to cover temporary salary and benefits, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak to approve the budget amendment. Carried 14 votes affirmative.

AUTHORIZE CDBG FUNDING FOR COUNTY OF GRAND
FORKS FOR CONSTRUCTION OF THREE-LEVEL PARKING
RAMP SUBJECT TO CONDITIONS

Committee No. 1, Finance, reported having considered the matter of South Downtown Parking Ramp (County), and recommended that the City of Grand Forks provide $2 million in CDBG funds to the County for construction of a three-level parking ramp and that this grant is made with the attached listed conditions: 1) The County will provide the balance of funding required to complete the project. The County’s contribution will not be less than $1,000,000. If the entire project costs less than $3 million, the savings will be deducted from the City’s contribution to the project. Any costs exceeding $3 million will be the sole responsibility of the County. 2) Funds will be drawn down on a prorated basis to reflect the amount each party is contributing to the project. 3) The County will procure the project in compliance with Community Development Block Grant requirements. 4) The ownership, operation, and maintenance of the facility will be the responsibility of the County. This will be a public facility. The County will contract with the Central Business District Authority for management of the facility. 5) The design of the facility will be submitted for review and approval by the Historic Preservation Com-mission as well as the Downtown Development Commission. 6) The City will contribute the land identified as 120, 124, 126, 128, 132, 210, and 214 South Third Street, after demolition of the buildings has been completed, and the County agrees to acquire any other land and easements necessary to complete the project. Bruce Avenue will be vacated as well. 7) The County will execute the standard CDBG grant agreement with the City. 8) The County agrees not to obligate any funds until the project has received appropriate environmental and historical clearances.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak 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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE FUNDING FOR RETENSION OF PROGRAMMERS
FOR YEAR 2000

Committee No. 1, Finance, reported having considered the matter of retention of programmers for year 2000, and recommended approval of the IS plan to retain four programmers and find that under Code, Section 6-0404, that it be reasonable and necessary for us to enter into this program for the retention of programmers for the City of Grand Forks and that an agreement with the City be signed by the employees.

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

Council Member Babinchak questioned whether there was a policy established on the criteria to qualify for this type of bonus or item. Roxanne Fiala, IS, reported that Human Resources has a retention incentive program draft item and are looking at some of the criteria that maybe would go forward on some of the others, that it is strictly a draft document at this point and it would consider things like recruitment, retention, market comparisons and training. Mayor Owens reported that this is an item that she, Council Member Carpenter and the budget structure committee will discuss because nothing has been set up on this and do need to discuss that.

Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

ALLOCATE FUNDING FOR SOUTHEND FIRE STATION
FROM UNALLOCATED CDBG INFRASTRUCTURE MONIES

Committee No. 1, Finance, reported having considered the matter of southend fire station funding, and recommended that we allocate $800,000 from the unallocated CDBG infrastructure monies for this project.

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

Council Member Hamerlik stated that at the committee meeting prior to the council meeting he voted against the motion because he didn’t feel that the CDBG money should be used for the southend fire station, that has been long on the books before the flood, however, since there was money in the fund for the southend fire station that was used for other flood projects such as the northend fire station. He stated that it would seem appropriate that we replenish those funds, $500,000, to the southend fire station from CDBG money because those monies were used for flood recovery, that the southend fire station is estimated at $800,000.00 which seems the $300,000 should be taken from some other source. He stated he made a motion to take it from another source and the motion died for lack of a second; however, one of the questions he asked in committee was what are they are going to do with the 17th Ave. S. station, but it’s really too early to decide that and there were several reasons/ideas given what it could be used for, but would seem to be get that back on tax rolls and if so sale of the land to the west as well as that building could pick up the $300,000. He stated it would seem to him that they should use CDBG money for flood recovery and at least $300,000 of that $800,000 isn’t in that vein, and moved that the $500,000 be taken from CDBG money and the balance be taken from the sale of the 17th Ave. fire station when that occurs and if there’s any shortage from the Public Building Fund. Council Member Martinson seconded the motion.

Council Member Babinchak stated that at this point in time they haven’t determined they are going to sell the property and is premature to say they are going to be using funds from the sale of that property, that there may be other uses for that property within the city, and urged to vote against the amendment.

After further discussion and upon call for the question of the amendment the following voted “aye”: Council Members Hamerlik, Martinson - 2; and the following voted “nay”: Council Members Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 12. Mayor Owens declared the amendment defeated.

Upon call for the question on the original motion and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: Council Member Martinson - 1. Mayor Owens declared the motion carried.

APPROVE TAXI LICENSE FOR 1999

Committee No. 2, Public Safety, reported having considered the applications for taxi license for 1999, and recommended to approve applications contingent upon final review of the police department.

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

APPROVE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES FOR 1999

Committee No. 2, Public Safety, reported having considered the applications for alcoholic beverage license for 1999, and recommended to approve the applications subject to final review by the city attorney’s office and other departments involved subject to the review.

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

INTRODUCE ORDINANCE RE. TOBACCO PERMITS FOR
1999

Committee No. 2, Public Safety, reported having considered the matter of tobacco permits for 1999, and recommended that we introduce ordinance for first reading to set a fee of $50.00 per establishment for tobacco permit licensing, and matter be returned to committee at their next meeting.

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

Council Member Beyer introduced an ordinance entitled “An ordinance amending Section 21-2804 of the Grand Forks city Code relating to tobacco retailers license fees”, which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the Grand Forks Police Department in the amount of $1,228.33 to reflect interest from block grants, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment for the Grand Forks Police Department in the amount of $1,200.00 to reflect grant award for 1998 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE RELATING TO PENALTIES FOR
SPECIFIED TRAFFIC OFFENSES AND FOR JUVENILE
CURFEW

Committee No. 2, Public Safety, reported having considered the matter of ordinance amending selected fines and penalties in Chapter VIII and IX dealing with traffic offenses and other offenses, and recommended to introduce the ordinances relating to penalties for specified traffic offenses and for juvenile curfew.

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

Council Member Beyer introduced an ordinance entitled “An ordinance amending Section 8-1503 of the Grand Forks City Code relating to penalties for specified traffic offenses”, which was presented, read and passed on its first reading.

Council Member Beyer introduced an ordinance entitled “An ordinance amending Section 9-0503(4) of the Grand Forks City code relating to penalties for juvenile curfew”, which was presented, read and passed on its first reading.

APPROVE REQUEST FOR BLOCKING OF PORTION OF NORTH
4TH STREET ON FIRST NIGHT GREATER GRAND FORKS

Committee No. 2, Public Safety, reported having considered the request from First Night Greater Grand Forks to close portion of North 4th Street on December 31 from 6:00 p.m. to 12:30 a.m., and recommended to approve request to block North 4th Street at University and 1st Avenue North from 6:00 p.m. to 12:30 a.m., contingent upon final review of police department.

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

CONSIDER MATTER OF REQUESTS RE. DELAY IN
PAYMENT OF ISSUANCE FEES OF ALCOHOLIC BEVERAGE
LICENSES FOR 1999
Committee No. 2, Public Safety, reported having considered the matter of request from Joe DiMaggio’s for extension of issuance fee, and recommended to authorize extension of payment until the first anniversary date.

Committee No. 2, Public Safety, reported having considered the matter of requests re. payment of license fees during period following flood and issuance of fees for 1999, and recommended to deny request from Mama Lola’s request to extend payment of the issuance fee.

It was moved by Council Member Bouley and seconded by Council Member Martinson that these recommendations be and are hereby approved.

Howard Swanson, city attorney, reported that requests were from Joe DiMaggio’s who were under the impression that the second payment of their issuance fee was due January 1, 1999 and that payment is not due until approx. December 11, 1999; and the second request was by Lola’s and they were asking for an extension, and that the ordinance under which the five years to make payment on their issuance fee doesn’t allow for any additional extensions but will be reviewing their date of issuance to determine when that date is, whether they can be extended under the ordinance to that date. He stated that as a matter of fact they both may qualify for extensions but they are not being specifically granted anything under the ordinance.

Upon call for the question, the motion carried 14 votes affirmative.

APPROVE PARTIAL RELEASE OF EASEMENT AND AGREEMENT
FOR ACME ELECTRIC

Committee No. 3, Public Service, reported having considered the matter of request to authorize document and payment of same from Acme Electric for 1) partial release of easement, 2) encroachment agreement for stoop, and 3) agreement to relocate waterline, for release of portion of existing easement, encroachment agreement and relocation of existing waterline located on west side of North 7th Street between 12th and 13th Avenue North, grantee is Acme Electric from City of Grand Forks, and recommended to approve recommendation and refer to Planning and Zoning Commission for the vacation of a portion of North 17th Street R/W and alley R/W dedicated to the City of Grand Forks, ND and filed in the Office of Register of Deeds, Grand Forks, ND on January 18, 1991 and recorded as Document No. 461645; said portion more specifically described as being the westerly 30 ft. of Lots 8 and 9, Block 78, Alexander & Ives Addition, Grand Forks, ND including portion of E/W alley adjacent thereto; said R/W vacation being subject to a sidewalk and utility easement on the easterly 23 ft. thereof; and contingent upon relocation of waterline at Acme’s cost.

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

APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR
STORM WATER DRAINAGE PIPE

Committee No. 3, Public Service, reported having considered the matter of request to execute document and payment of same for temporary construction easement for storm water drainage pipe, for Project No. 4846, Storm Sewer, at 40th Avenue South between South Washington and the Southend Drainway, for and in consideration of $133.00, Glen Gransberg, grantor, and recommended to approve and accept the easement for the consideration of $133.00 to be paid from CDBG funds.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR
STORM SEWER PROJECT NO. 4836

Committee No. 3, Public Service, reported having considered the matter of request to execute document and payment for same for temporary construction easement for Storm Sewer Project 4836, located on east side of Belmont Road between the Southend Drainway and Adams Drive, for and in consideration of $1.00, Tim Christian & Country Development LLP, and recommended to approve and accept the easement for the consideration of $1.00 out of CDBG funds.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE INTERIM AGREEMENT WITH McLEODUSA
TELECOMMUNICATIONS SERVICES, INC. TO ENTER
CITY R/W

Committee No. 3, Public Service, reported having considered the request from McLeodUSA Telecommunications Services, Inc. for permission to enter city right of way, and recommended to approve interim agreement contingent upon review and approval of the city attorney.

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

DENY PAYMENT OF FLOOD-RELATED MECHANICAL
INSPECTION SERVICES

Committee No. 3, Public Service, reported having considered the request for payment of flood-related mechanical inspection services: Vilandre Heating and Air Conditioning and Plumbing, Inc., $34,020.00; and Custom Aire Heating & Air Conditioning, Inc., $25,240.00; and recommended that in view of the fact there is no written contract to reimburse the contractors, to deny payment of the bills.

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

INTRODUCE ORDINANCE RELATING TO ADOPTION OF
NATIONAL ELECTRICAL CODE

Committee No. 3, Public Service, reported having considered the matter of adoption of 1999 National Electrical Code, and recommended to approve the ordinance and introduce for first reading.

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

Council Member Hafner introduced an ordinance entitled “An ordinance amending Section 19-0208 of the Grand Forks City Code relating to adoption of the National Electrical Code”, which was presented, read and passed on its first reading.

APPROVE IN-KIND SUPPORT OF POWDERED ACTIVATED
CARBON (PAC) STUDY

Committee No. 3, Public Service, reported having considered the matter of in-kind support of powdered activated carbon (PAC) study to look at bidding requirements, and recommended to approve in-kind support of the study.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the Sanitation Department in the amount of $692,059.00 to cover labor and vehicle expenses related to increased collections and landfill activity, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment for Dial-a-Ride in the amount of $98,212.00 using federal transit grants, state grants and grant from Nodak Rural Electric amending into Contributions line item, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment for Public Transportation in the amount of $70,000 using cash carryover and amending into contingencies line-item, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke to approve the budget amendment. Carried 14 votes affirmative.

AUTHORIZE STAFF TO PREPARE RFP FOR CITY MAPPING
UPGRADES

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for mapping/infrastructure, and the committee reaffirmed their original motion and to send back to council, and that motion was approval to authorize staff to prepare an RFP for City mapping upgrades.

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

APPROVE AMENDMENT NO. 3A TO ENGINEERING SERVICES AGREEMENT FOR PROJECT NO. 4848, PUMP STATION #39

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3A (construction administration - Greater Forks Engineering Group - GFEG) to engineering services agreements for Project No. 4848, Pump Station #39 (CDBG), and recommended to approve Amendment No. 3A in the amount of $66,111.15.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO CONTRACT WITH KBM, INC.
FOR ENGINEERING SERVICES AGREEMENT FOR PROJECT
NO. 4807, PAVING PORTION OF SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 to engineering services agreement for Project No. 4807, paving South Washington Street from 40th to 47th Avenues South, in the amount of $10,600.00, and recommended to authorize entering into a contract with KBM, Inc. contingent upon review by the city attorney.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4719
SANITARY SEWER RESTORATION AREA 2

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4719, Sanitary Sewer Restoration Area 2, C.O. #2, Lametti & Sons, Inc., contractor, and recommended to approve the change order in the amount of $4,050.00.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

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

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4860, Storm Sewer Restoration Area 2, C.O. #1, Molstad Excavating, Inc., contractor, $87,685.00, and recommended to approve change order, 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4687,
SEWER CLEANING & TELEVISING

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4687, Sewer Cleaning & Televising, C.O. #7, Viking Pipe Services, $210.00/hour, and recommended to approve change order in an amount not to exceed $5,000, 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4848,
1999 LIFT STATION 39, SCHEDULE B

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4848, C.O. #1, 1999 Lift Station 39, Schedule B, Construction Engineers, Ltd., contractor, $1,592.00, and recommended to approve change order in the amount of $1,592.00.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4225
PAVING S. WASHINGTON STREET, PHASE I

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects, Project No. 4225, paving South Washington Street, Phase I, C.O. #7, Strata Corporation, Inc., contractor, and recommended to approve the change order in the amount of $27,362.25.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4655,
PAVING S. WASHINGTON STREET, PHASE II

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4655, paving South Washington Street, Phase II, C.O. #1, Strata Corporation, contractor, $3,000 deduct, and recommended to approve change order in the amount of a $3,000 deduct.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4746,
PAVING SOUTH COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4746, paving South Columbia Road, C.O. #3, Nodak Contracting, contractor, $405.00, and recommended to approve the change order.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

CONSIDER AND APPROVE MATTER OF LIGHTING ON
BIKEPATH ALONG ENGLISH COULEE FROM 6TH AVENUE
NORTH TO GATEWAY DRIVE

Committee No. 3, Public Service, reported having considered the matter of lighting on bikeway along English Coulee from 6th Avenue North to Gateway Drive, and recommended to direct to leave the previous motion on the floor, and that previous motion was to approve the request for proposals for engineering services.

Committee No. 2, Public Safety, reported having considered the matter of lighting on the bikepath along English Coulee from 6th Avenue North to Gateway Drive, and recommended that federal funds combined with City-match pay for installation or construction of lighting, and defer maintenance and on-going costs for lighting to the University, and further that signs not indicate safety concerns as suggested by the University.

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

Council Member Hamerlik stated that he understood that Public Service Committee asked Public Safety for their recommendation, and asked whether that recommendation would go to Public Service or come to this group. Mr. Swanson stated that as a practical matter the council has two separate motion before it dealing with two separate items: one dealing with the engineering on the project and second dealing with the funding, and would find both to be in order.

Council Member Brooks stated that the reason this item came up was to make the bikeway appealing to more people, and that ignored the other two issues which are his points: the safety issue which is his prime concern, that if put lights in and then put signs up saying it’s dangerous, speaks for itself. He stated the other issue is a fiscal one; that putting lights in and don’t know figures but thinks $70,000 total; 80% is federal dollars and 20% City dollars, and the City would pay for the installation, electrical bills and maintenance, that this along the Coulee where it floods and where last summer water came up to walkway several times will cost lot more upfront to put floodproof wiring, etc. or cost more to maintain it later. He stated this is the start of a long pathway that’s going to be lighted, and continue lighting bikeway along the city, thinks have to start drawing the line and start watching the dollars; however, his real concern is safety.

Council Member Hamerlik stated that this matter was tabled from their last meeting because the letter from the University had not arrived at the desk of the chair, and since that time every council member received that letter from President Baker. He stated that the recommendation from the University had several facets but didn’t speak to the lighting. Chief Czapiewski, UND police, reported that the committee made the recommendation sup-porting the lighting project with some stipulations.

Council Member Klave reported that this project started when it came from MPO, that there are projects they can go after and receive dollars; that they proposed this project and were able to receive $70,000 and when it came to public Service he wasn’t in favor of the project, that it went through CIP and wasn’t in favor of it, but was in favor of going ahead and looking at seeing what this is going to cost, because to date they have no idea what this project is going to cost, and because there are only x dollars coming from the State. He stated that $70,000 isn’t 80-20% split because if the project runs beyond that, it is our responsibility to do it, and has concern that we don’t know what it’s going to cost, have to hire someone to determine how much going to illuminate the path, spending money we don’t have and just because there are monies out there we don’t need to chase after it if it’s costing us more than worth to have.

Council Member Bakken reported that public safety was deferring maintenance and on-going costs of lighting to the University, so City wouldn’t be paying on-going costs.

Chief Czapiewski reported that the stipulations in their recommendation were: 1) the placement of lights be determined by need, not distance, 2) signs identifying safety concerns be placed at both entrances to the path, 3) UND be allowed to bury phone cable for emergency phones as lights are installed, and 4) emergency phones be installed on light poles as funding becomes available. He stated the purpose of the phones, signs, and lighting are to maintain a standard that all universities and most institutions of higher education do nation-wide and are safety concerns and issues and the composite of number of security practices follows one standard and that is lighting, signage, etc. Chief Czapiewski stated that if they only put in lighting, would present a false sense of security, that this is an area that’s not close to homes or general traffic areas, it’s remote, and University had not had the opportunity to discuss it, took it back, had a forum and discussed issues, and recommendation was based upon the general public of the University wanting the lighting system, recommendations for stipulations were to address maintaining a standard of security issues for that areas as do anywhere else on campus. Council Member Hamerlik stated that this recommendation is from the president of the University and was received by chief aides and not necessarily a popular vote by students, etc. and is in the best wisdom of the president and aides to make that recommendation.

Al Grasser, asst. city engineer, stated that the $70,000 is the amount that should take into account construction and engineering. Council Member Beyer stated that the amount in the CIP is what our best estimate of what the project is going to cost, that the only funding that would be spent through MPO is the portion that will be tasked through the MPO for engineering. It was noted that when discussed in CIP it was noted that the local share would be $14,000 but Mr. Grasser stated that number could probably be closer to $30,000 because of some other costs. Mr. Grasser stated they looked at an 80-20% split, but different federal programs have different parts of the project that are anticipatory, project development is not participatory, any lands, easements, utility relocates, design engineering and construction engineering are all non-participatory items, so what federal government will participate in this program is 80% of the construction cost, normally the cost under this program for the City is substantially more because we have to pick up 100% of the share that they don’t participate in, and there is a cap on that so if overrun the cap that also becomes a local share. He stated that the MPO is going to have some money to do part of that initial concept report, and City’s share likely to be more than $14,000 and best guess between $14,000 and $30,000.

After further discussion and upon call for the question on the matter of the recommendation from Public Service Committee, and upon roll call vote, the following voted “aye”: Council Members Lunak, Bakken, Hafner, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter - 9; voting “nay”: Council Members Klave, Beyer, Babinchak, Martinson, Brooks - 5. Mayor Owens declared the motion carried.

The question on the recommendation from the Public Safety Committee was presented.

Council Member Lucke moved an amendment to the motion, that the City pay the costs of the lighting on this project; Council Member Lunak seconded the motion.

Upon call for the question on the amendment, and upon roll call vote the following voted “aye”: Council Members Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks - 7; voting “nay”: Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak - 7. Mayor Owens voted to break the tie vote, voted no, and the amendment failed.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer to delete the statement on the signs on that motion.

City Attorney Swanson reported that was included by the safety committee and his recommendation is that the exact language as proposed by the University didn’t appear to be appropriate and he didn’t think that the committee motion was intending that there be no signage, but had to deal specifically with the language that was being signed. He stated the City does have the easements for the bikepath and the bikepath for the most part is owned by the City, so City does have liability with what occurs on the bikepath and in that regard the City should have at least some involvement or overall control of what type of signage is placed on bikepaths.

Council Members Hamerlik and Beyer removed their motion for consideration.

Upon call for the question on the original motion from the public safety committee, and upon roll call vote, the following voted “aye”: Council Members Bakken, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak - 9; voting “nay”: Council Members Beyer, Babinchak, Hafner, Martinson, Klave - 5. Mayor Owens declared the motion carried.

Mr. Swanson stated that they have not awarded any bids or solicited bids so while given a general intent to move forward with the project, once those are before council could still reject bids.

CONSIDER CHANGE ORDERS AND CALL FOR BIDS
FOR DEMOLITION OF BUILDINGS IN CITY CENTER
MALL

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition: change order for Bid Package #5, Magnus Trucking, and recommended to approve change order in the amount of $11,632.00.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition (including 202 DeMers Avenue), matter of change order with current contractor, EAS, and recommended to approve change order to EAS in the amount of $16,656.00.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of City Center Mall demolition: request for authorization to advertise for bids for environmental abatement and demolition of buildings City owns from Kittson south to Division on South 3rd Street and including 202 DeMers Avenue, and recommended to call for bids for abatement and demolition for the package.

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

ACCEPT BIDS FOR RESIDENTIAL ENVIRONMENTAL
ABATEMENT OF SEVERAL HOUSES

Committee No. 4, Urban Development, reported having considered the matter of residential environmental abatement of four houses: 519 2nd Avenue South, 322 Cottonwood Street, 205 Lincoln Drive, 621 7th Avenue South, and recommended to accept the low bid of MAAC in the amount of $4,050.00.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE APPLICATIONS AND AUTHORIZE RELEASE
OF FUNDS FOR DOWNTOWN REHAB GRANTS HELD
CONTINGENT UPON PROPER FINANCIAL MANAGEMENT
SYSTEM PUT IN PLACE

Committee No. 4, Urban Development, reported having considered the matter of held downtown rehab grants, and recommended that we approve applications and make release of funds contingent upon proper financial management system being put in place and reviewed by Brady Martz, that any reimbursement of CDBG funding be contingent upon review by Brady Martz and viability of the applications be reported back to this committee within 90 days.

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

Council Member Lucke stated he was not in favor of motion coming from the City that directs somebody to go to a specific CPA for stamp of approval. Mr. Swanson reported that was not the intent of the motion, that his understanding is that Brady’s is acting as an agent for the City to review whatever proposal that the applicants come forward from whatever accounting firm or package they present, so Brady’s is a review agent for the City and motion is not directing applicant to hire Brady’s to do their work.
Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE REQUEST FOR RFP FOR BUILDING MANAGEMENT
OF CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of RFP for the building management of the Corporate Center, and recommended to approve request.

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

Council Member Lunak questioned who owns the Corporate Center and why hire management people when have people in City; Mr. Swanson reported that the City owns the Corporate Center and there will be an agreement with JDA. John O’Leary, Urban Development, stated they are hiring a management company at the request for the tenants who will be paying for this service; there are two categories of fees being charged for the Corporate Center - one is the basic fee which services the debt for the bond that the City will be issuing, and other category of fees is indirect costs which cover janitorial services, heating, lighting, taxes, general operation and maintenance of the building. He stated the tenant would like an independent manager of the building and are willing to pay for it as part of surcharge. He stated that if City were to take this on as an additional work element in our department, they would have some difficulties absorbing this and will be a substantial amount of work to maintain leases and maintain janitorial services, monitor building, etc. It was noted that both buildings are not fully leased and Mr. O’Leary stated that the management company would be seeking out additional tenants for the last sq. footage available in 402.

Mr. Swanson reported that the bonds on that building have not yet been sold and would ask the movers of the motion if they would agree to a friendly amendment to include language that the RFP be consistent with the bond covenants as far as ownership and lease rights to the property; they agreed.

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

APPROVE USE OF CITY-OWNED HOUSE FOR NRO
(NEIGHBORHOOD RESOURCE OFFICERS)

Committee No. 4, Urban Development, reported having considered the matter of police department using City-owned house for Neighborhood Resource Officers, and recommended to approve use of Silverman house by Neighborhood Resource Officers.

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

Council Member Lucke questioned whether this was properly zoned; Mr. Swanson stated he has not checked specific zoning on the property but assumed that it is in a residential zone, and one of the uses provided for in a residential zone is a governmental use and insofar as used for police activity, it would fall within that use.

Council Member Glassheim stated that he opposed this motion as it seemed that a very attractive residence in a residential neighborhood should be rented to residents rather than used as a government building; it would be income if rented, and that there would be some advantages from a safety point of view from neighborhood, but basically have a very attractive house that can be rented to people at decent rates and find some other place for NRO.

Council Member Bakken stated they were looking at for convenience to the police department and have NRO officers working out of one desk and room to do their work or have meetings, and will be a temporary thing hopefully because once the County building is done they would be able to move back into the police building.

Council Member Beyer stated there was historical significance to this house, and when house sits empty it’s another day for somebody to go in and take things. Council Member Babinchak stated this can be a temporary situation, and in approx. two years this house can be moved to a different lot and saved, house is significant and don’t want to see ransacked, and is appropriate at this time.

Chief Packett stated their intent is to use on temporary basis; have looked at a variety of locations, but thinks this is a good match to where have city property that have a vested interest in, and what better way to utilize it than have officers there and utilize office space, but intent is to be there temporarily.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative, Council Member Glassheim voted against the motion.

AUTHORIZE STAFF TO NEGOTIATE FOR TRUSTEE
FOR 457 DEFERRED COMPENSATION PLAN

The Pension Committee reported having considered the matter of trustee for 457 Deferred Compensation Plan, and recommended that the city attorney and the city auditor negotiate for trustee for 457 Plan per federal law.

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

Council Member Carpenter asked to be excused from voting on this matter. It was moved by Council Members Babinchak and Beyer to allow Council Member Carpenter to abstain from voting on this matter. Carried 13 votes affirmative.

Upon call for the question on the motion and upon voice vote, the motion carried 13 votes affirmative; Council Member Carpenter abstained from voting.

AWARD CONTRACT FOR PRECAST CONCRETE FOR
EVENTS CENTER

The Events Center Core Committee reported having considered the matter of Bid Package 6, Contract Category 9, precuts concrete, and recommended that we award the contract for the precuts concrete to Concrete Incorporated for $1,478,470.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following vote “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

REFER MATTER OF OWNER’S TESTING AGENCY
BACK TO COMMITTEE

The Events Center Core Committee reported having considered the matter of Owner’s Testing Agency, and recommended that we award the contract for the testing and inspections work on The Aurora to Braun Intertec.

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

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

AUTHORIZE PROCEEDING WITH THE AURORA AS IS
AND NOT INCLUDE PIPES OR ICE IN FACILITY

The Events Center Core Committee reported having considered the matter of ice hockey evaluation, and recommended that we proceed with The Aurora as is not include any pipes or ice in the facility.

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

REPORT ON CHANGE ORDERS

The city auditor read the following change orders that were approved at the December 17, 1998 Core Committee meeting:

CIN #125.01 - winter protection of foundation, $60,000 to Gowan contract.
CIN #129.01 - rebate of $57,805 from Swingen contract since actual lengths of piling necessary was less than projected.
CIN #130.01 - addition to Gibb & Sons contract for $1,093 to do some slight modifications to water and sewer lines.

ESTABLISH INTERVIEW COMMITTEE FOR RELOCATION
COUNCELING SERVICES

The Flood Protection Committee reported having considered the matter of relocation counseling services, and recommended to establish an interview committee for a relocation counseling services provider using one person from the Flood Protection Committee, one from the Mayor’s Office, one from staff and one from the general public.

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

APPROVE REPLACEMENT TO FLOOD PROTECTION
COMMITTEE FOR PERIOD JANUARY 1 TO APRIL 30

The Flood Protection Committee reported having considered the matter of Flood Protection Committee membership, and recommended that the Flood Protection Committee chair recommend someone to be a replacement from January 1 to April 30, and recommended Council Member Bouley serve for four months.

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

APPROVE QUARTERLY STAFFING RENEWALS

The Flood Protection Committee reported having considered the matter of quarterly staffing renewals, and recommended approval of the following list of SNA positions for renewal for year 2: January: Assessing, 1 real estate appraiser for one year; Urban Development: project delivery asst. for one year; Planning: Planner I/II for one year; February: Urban Development: account clerk for one year; IS Department: GIS/Database Adm. for one year; March: Mayor’s office: planning coordinator for six months; Inspections: trade inspector (mechanical) two positions for one year; and Urban Development: Office Clerk for one year.

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

CONSIDER MATTER OF MADDOCK HOME RELOCATION

The Flood Protection Committee reported having considered the matter of Maddock home relocation, and recommended to stay with the previous motion to stay with the USACE NED (National Economic Development) Plan.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR IN-KIND RELATED PROJECTS DUE TO LEVEE
CONSTRUCTION

The Flood Protection Committee reported having considered the matter of engineering agreement, and recommended approval of an engineering agreement with Greater Forks Engineering Group to provide professional engineering services for in-kind related projects due to levee construction with each project added on an amendment basis with an hourly, not to exceed cost basis.

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 vote “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

DETERMINE THAT PEDESTRIAN BRIDGE NOT BE
REMOVED PRIOR TO FALL OF 1999 AND DIRECT
ENGINEERING DEPARTMENT TO SEEK ADDITIONAL
INFORMATION ON ALTERNATIVES

The Flood Protection Committee reported having considered the matter of pedestrian bridge, and recommended that we not take the pedestrian bridge down prior to fall 1999 and at this point request the engineering department to seek additional information on alternatives.

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

APPROVE GREENWAY ALLIANCE DOCUMENT

The Flood Protection Committee reported having considered the matter of greenway update, Greater Grand Forks Greenway Alliance, and recommended approval of the greenway alliance document, including Riverforks as one of the entities.

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

APPROVE EXTENSION OF GREENWAY CONTRACT

The Flood Protection Committee reported having considered the matter of greenway update, extension of Greenways, Inc. contract, and recommended to extend the contract with Charles Flink (Green-ways, Inc.) for an additional $50,000 CDBG funding with task descriptions to be filled by staff.

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 vote “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

DETERMINE THAT CITY NOT PURCHASE PROPERTY
AT 214-216 DEMERS AVENUE, BUT DIRECT DDC
TO WORK OUT AN EXCEPTION TO PROGRAM

The Flood Protection Committee reported having considered the matter of 214-216 DeMers Avenue, and recommended that we not buy the property but direct the DDC, with the help of staff, to work out an exception to our program on this particular piece of property, and by exception is meant to include it back into the zone that we drew it out of; it would still have to go by the same guidelines the other businesses downtown have had to go by, including having someone to lease the property.

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

Michael Lander reported that they had requested that the offer to purchase the building be reinstated after having been withdrawn, that the Flood Protection Committee recommended that they be considered for a grant for renovation of the property and were here to ask for clarification of those conditions. He stated there was some confusion at the Flood Protection Committee as to whether there was funding and where the funding source would be. He stated they talked with staff after the Flood Protection Committee, and Gary Christianson agreed to appear before the council tonight that that motion be more specific and actually specify $150,000 grant subject to all the guidelines of the program, including obtaining a tenant, that they ask for a period of six months and the grant be held or reserved to allow them to get tenant and would meet all the other guidelines of the program.

Council Member Hafner stated they were hoping to get a report from staff that would come back to Urban Development to clarify if there were grant funds available. Gary Christianson, Urban Development, stated there were no specific grant funds available in the program, and that is the essence of Mr. Lander’s question if there would be money available before he proceeds and that be clarified.

Council Member Carpenter stated that DDC is to look at this and recommend back and would anticipate the money coming from the $2.8 million that’s basically allocated to DDC for infrastructure project-type things downtown and if they determine the level of funding and come from there, or that they would come back and ask for additional money from CDBG funds, would prefer that it be part of the $2.8 million and that council not make that determination until later.

Council Member Beyer reported that when DDC received direction from council that if Mr. Lander complies with the original rehabilitation grant, which was to have tenant, etc. that DDC felt that it was their obligation to find that funding, did discuss the $2.8 million, and if directed to find the funding would do so.

Council Member Bakken stated that they couldn’t determine funding, and were to follow guidelines and amount per building was to be determined by use.

It was noted that because of the dike realignment this property is no longer needed for the dike and that is reason why looking at giving this property a grant. Mr. Lander reported they had approached the Flood Protection Committee about purchasing the building and is no longer needed for the dike and did ask for special consideration since they were ineligible for any of the previous grant applications because held out of process; the concern they have is that they would have to meet all the guide-lines of the program, but find themselves in catch-22 position in terms of obtaining a tenant because not in a position to be able to renovate the property for a tenant without knowing they have the funds to do so, and are asking that those funds be set aside as have been for other properties for a specific period of time to allow them to go out and aggressively market and obtain a tenant for the property and are committed to doing that if they understand that if successful at that will have a grant available to them.

Council Member Glassheim reported that very few of the applicants received the full amount per sq. ft. and don’t know until the committee meets and looks at tenants at how much will be available unless the council directs. Mr. Lander stated that they understand there’s a rating system for the tenants and one has to qualify for a certain amount based on the conditions of the program and they are prepared to abide by all the conditions of that program, that the most they could potentially qualify for is $150,000 and asked that money be set aside in the event they are successful, understanding they would only be granted the funds they actually qualify for. Council Member Glassheim stated that council will not be setting anything aside tonight, and that this motion refers it to DDC to negotiate with him unless an amendment on the floor. Council Member Carpenter stated there would be some funds found based on DDC determination and that funding would come out of the $2.8 million.

Mr. Lander stated their only concern is that they can appear before the DDC and hopefully finish their business and that they’ve been given proper authorization through the various motions.

Upon call for the question, the motion carried 14 votes affirmative.

APPROVE 1999-2004 CAPITAL IMPROVEMENTS PROGRAM

The Capital Improvements Committee reported having considered the matter of the 1999-2004 Capital Improvements Program, and recommended approval of the 1999-2004 Capital Improvements Program.

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 vote “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE VARIOUS COMMITTEE APPOINTMENTS

Mayor Owens announced the appointment of Jon Jensen to the Library Board for a three-year term expiring December 22, 2001, and asked for concurrence in this appointment. It was moved by Council Member Carpenter and seconded by Council Member Klave that this appointment be and is hereby approved. Carried 14 votes affirmative.

Mayor Owens announced the appointment of Arvin Kvasager and Beverly J. Bredemeier to the Civil Service Commission for three-year terms expiring December 8, 2001, and asked for concurrence in these appointments. It was moved by Council Member Beyer and seconded by Council Member Lunak that these appointments be and are hereby approved.

Council Member Beyer questioned whether Mr. Kvasager who is a county commissioner should be reappointed to this position, that whole gist of civil service is to take out of politics, and had come concern. It was noted that Mr. Kvasager did serve on both in the past. Council Member Babinchak stated that when appointments come up, would like to know 3 or 4 months in advance so that if someone has concerns re. appointment could be discussed.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Babinchak voted against the

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Babinchak voted against the motion.

Mayor Owens announced the appointment of a Legislative Committee during the legislative session: Mayor chairs committee, Council Member Carpenter, Klave, Lucke and staff members John O’Leary, John Schmisek, Ken Vein, Rick Duquette, Howard Swanson and Chief Packett. It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE ESTIMTES, VARIOUS PROJECTS

Estimate Summary for Flood Monthly Estimate Summary, in the amount of $315,905.54, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Klave that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon call for the question and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; 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 Hamerlik presented the matter of time-off and bonus for hours for attendance at meetings; the matter was referred to the finance committee.
2) Council Member Hamerlik presented the matter of hiring of fire chief under contract or civil service.
3) Council Member Hafner reported that Council Member Bouley had been selected as Flood Protection Committee’s representative to the Location Counseling Committee.

CONGRATULATE CITY OF EAST GRAND FORKS FOR
CABELLA’S MOVING TO EAST GRAND FORKS

Council Member Hafner moved to congratulate City of East Grand Forks for securing the business of Cabella’s; Council Member Carpenter seconded the motion. Carried 14 votes affirmative.

APPROVE APPOINTMENT OF ASSISTANT CITY
PROSECUTOR

Mr. Swanson reported he had appointed Kristy Pettit as an assistant city prosecutor, and asked for confirmation of her appointment. It was moved by Council Member Hafner and seconded by Council Member Hamerlik that this appointment be approved. Carried 14 votes affirmative.

ADJOURN

It was moved by Council Member Hafner and seconded by Council Member Klave that we do now adjourn. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_____________________
Patricia A. Owens, Mayor