City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 19, 1999

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Tuesday, January 19, 1999 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., Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Members Glassheim, Lunak - 2.

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.

APPROVE MINUTES FOR DECEMBER 21, 1998 AND
JANUARY 8, 1999

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, December 21, 1998 and of the special meeting of the council held on Friday, January 8, 1999 were presented and read. It was moved by Council Member Beyer and seconded by Council Member Martinson that these minutes be approved as read. Carried 12 votes affirmative.

SUSPEND AGENDA AND CONSIDER ITEMS RELATING
TO CONGRESSIONAL 1 AND 2; WATER PLANT VICINITY
SELECTION, CORPORATE CENTER, AND CDBG FUNDING
FOR VARIOUS WATER SYSTEM PROJECTS

It was moved by Council Member Carpenter and seconded by Council Member Beyer to move the following items to the beginning of the agenda for consideration: 1) matter of marketing of Congressional 1 and 2; 2) matter of water treatment plant vicinity selection; 3) matter of Bid Package #7 for Corporate Center; and 4) matter of CDBG funding for various water system projects. Carried 12 votes affirmative.

It was moved by Council Member Hamerlik that inasmuch as they had an informational meeting this noon it would seem that there are a number of people in the audience that might want to discuss these items, that we limit the debate and hear from the people in the audience first and limit it to 8:00 p.m. Council Member Beyer seconded the motion. Carried 11 votes affirmative; Council Member Martinson voted against the motion.

CONSIDER MATTER OF MARKETING FOR
CONGRESSIONAL 1 AND 2

The Joint Finance and Urban Development Committees considered the matter of marketing for Congressional 1 and 2, and recommended approval of up to $150,000, and in one month’s time be presented with a complete financial picture including a cash flow statement so we know what other dollars are going to be needed.

It was moved by Council Member Brooks and seconded by Council Member Beyer that this recommendation be and is hereby approved.
Mayor Owens asked for comments from the audience and/or city council.

Jerry Youngberg, 3514 10th Avenue North, asked council to delay the appropriation, authorization or allocation of the $150,000 request from Grand Forks Homes, Inc. until there is a well designed plan for the sale of the 175 unsold, unoccupied homes in Congressional 1 and 2. He stated to hold until there is a complete and detailed accounting to council members and to the citizens of this community of all expenditures and financial commitments in the development of Congressional 1 and 2. However, if council is determined to spend another $150,000 advertising the 175 unsold, unoccupied homes in Congressional 1 and 2, to spend it in a way that will guarantee more owners and more occupied homes.

Sally Page, president of Grand Forks Homes, Inc., 3121 Cherry Street, stated that she wanted to continue asking the council for support for this project and that the $150,000 requested of the council to support a marketing and promotion plan and is money well spent for this particular project. She stated as most will recall Grand Forks Homes, Inc. was requested by the City on the demand of the citizens of this community to provide housing post-flood and with the number of houses taken immediately because of the flood and those that still may be projected depending on the dike line. She stated that the housing survey through Maxfield still indicates that there’s a need to have such housing within the community and that they are now entering the development for spring sales, and the particular funding now is to develop the marketing promotion plan. She stated they did have a meeting with members of the real estate community in which they had an advisory committee that will include members of the lending community, Grand Forks Homes, residents who currently have purchased houses in the development, and quite a wide group of individuals and that committee is now in the process of formation. She stated that one of its primary tasks is that it will continue to look at a wide variety of options, amenities, concerns that they continue to get in information, suggestions, ideas from residents, as well as other commercial areas of the community so are in the process of trying to respond to those needs that the council has identified to areas of community that have had concerns about this particular project, all indications still say that it is a very viable project and necessary for the community and if this community is going to get back the residents that it lost, maintain its tax base and be able to attract new businesses, have to have housing in this community. She stated this particular development is one of those tools in which this community needs to have that project, and encourage to support this expenditure of funds, that it is not money wasted, but money that will enhance overall the continuation of the development of this area.

Moine Gates, 3598 Meadow Drive, asked the council to withhold authorization of the $150,000 at this time, that they have a group put together which will include two individuals from the real estate industry and 8 other individuals (two being financial individuals, two from the council and several others). He stated that if the group that Ms. Page is talking about is to be the committee, then approve and let them come forward with their plan; need solid plan but that plan is not there right now and putting $150,000 ahead of time.

Council Member Brooks stated there is more to the motion than $150,000, and the other part of that motion is that in one month’s time, the $150,000 will allow Grand Forks Homes and proposed committee to put together their business plan so will know what cash is coming in, a business plan and cash flow and full financial statements.

Council Member Lucke stated he has been waiting for three months for an audit report to make a determination as to whether this party needs another $150,000, doesn’t have that financial information, and would like that information prior to voting on this matter.

Upon call for the question, and upon roll call vote, the following voted “aye”: Council Members Brooks, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 8; voting “nay”: Council Members Polovitz, Lucke, Hamerlik, Martinson - 4. Mayor Owens declared the motion carried.

APPROVED SELECTION OF INDUSTRIAL PARK AS
LOCATION OF WATER TREATMENT PLANT IF RELOCATED

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that as they did have discussion by the council to give people in audience the opportunity that they limit discussion on this matter until 8:15 p.m. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of water treatment plant vicinity selection, and recommended the site vicinity of Industrial Park.

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

Council Member Bouley stated that the Central Park neighborhood took substantial losses during the flooding of 1997, this would almost be giving them the flood again by the number of homes that would have to be taken for the expansion of the plant, that the City has put so much money into downtown already and would be taking away a part of a neighborhood that is closest to the downtown area. She stated there are some public safety issues, putting trucks with chemicals into a residential area, and a danger to be putting that there. She stated that Belmont School was just rebuilt, have new school for a neighborhood of children they would be moving; and doesn’t see any reason for not putting this into the Industrial Park and urged a yes vote.

Council Member Carpenter stated he would like to see this located in Industrial Park vicinity, that makes sense and do need to make a decision on a future site tonight that provides direction to our professional staff and professional engineers who are working on our water distribution system so that as they plan the short term requirements that are needed, they know where the long term direction is. He stated that by doing this, would take away the concern of the Central Park area, that they wouldn’t have to worry that if they rebuild their homes and re-establish their neighborhood again, that they’re going to lose them in the near future. He stated it is important to take this step tonight, but wants everybody to be aware that they are not making a decision to expand or build a new water treatment plant, but only picking a future site for and if that is needed, that maybe ten years for now, 7 years or 20 years, but not making that commitment, but only making a commitment as to where a future site would be. He moved an amendment to the motion that if and when a new water treatment plant is needed, it would be located in the Industrial Park vicinity. Council Member Hamerlik seconded the motion.

Council Member Polovitz asked potentially how many houses they would lose. Charles Grotte, asst. dir. of public works, reported that in the near term would take three blocks, and long term 6
or 7 blocks, probably 52 house figure not too far off. He stated they should be reminded that they will be taking some homes for a couple projects associated with the plant, raw water intake will take 3 homes and a temporary sludge plant may take some homes, may take some but lot less than 52.

Upon call for the question on the amendment to the motion and upon voice vote, the motion carried 11 votes affirmative; Council Member Lucke voted against the motion.

Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 11 votes affirmative; Council Member Lucke voted against the motion.

APPROVE AWARD OF BID PACKAGE #7 FOR THE
CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson Bid Package 7 for the Corporate Center, and recommended that for Bid Package 7, 1) Mechanical - approval of award to low bidder, McFarlane Sheet Metal in the amount of $105,360; and 2) Electrical - approval of award to low bidder, Lee Davis Electric in the amount of $376,430.

Committee No. 4, Urban Development, reported having considered the matter of Bid Package #7 for Corporate Center, and recommended that based on comments from low bidder, Sherlock Construction, re. not meeting project schedule and past performance on projects, and not having adequate project management personnel, to award the bid to Construction Engineers in the amount of $2,507,200.

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

Tom Nonweiler, representing Mortenson’s, stated that the electric and mechanical bid package are to be separate from the issue addressed tonight (tenant improvement package).

It was moved by Council Member Hamerlik and Council Member Beyer to divide the question into two separate motions : 1) for award of mechanical and electrical bids, and 2) award of tenant improvement package. Carried 12 votes affirmative.

Upon call for the question on the matter of the recommendation for award of the electric and mechanical bid packages, and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

Upon call for the question on the matter of the recommendation for award of Bid Package No. 7 (tenant improvement package) for Corporate Center, Mayor Owens asked for comments and/or discussion on this matter.

Council Member Beyer reported they received low bid from Sherlock Construction, second low was Construction Engineers, and in the following discussions of Mortenson’s with the contractors, Sherlock Construction had stated they can’t meet the schedule that’s outlined and their past performance on other jobs, Mortenson’s gave us good substantiation and recommendation against award to Sherlock because of past performance, and they do not have staff available now to act as superintendent or construction manager on this project, so at Urban Development Committee they felt convinced to go ahead with the recommendation from Mortenson’s not to award to the lowest bidder but to award to the next lowest and best bidder and that in their minds, was Construction Engineers.

Council Member Brooks stated they just completed two phases of restoration at St. Michael’s Church, one with Construction Engineers and one with Sherlock, both supervised by Mortenson’s, and if in Mortenson’s recommendation thought they did what had to do, understands where his recommendation is coming from, but expressed concern as they let them come back in and rebid after first bids turned down after declaring an emergency. He stated they rebid because there was a problem in the dollar amounts, and by putting the bid in he had committed himself to making that, and process is there. He stated that in this case should award it and if he can’t meet schedule he will have to come up front and tell us and deal with it and sacrifice bond or perform.

Council Member Lucke stated he would agree with Council Member Brooks that they know when they’re supposed to perform and if they don’t there will be damages involved; that it is Mortenson’s job to make sure they perform. He stated we let Construction Engineers out of the original contract because they had a $75,000 mistake on a bid, now they come back and want $180,000 more and feel being taken advantage of and can’t see rewarding that kind of behavior when they are not even low bid. It was noted by Dan Mehls, M.A.Mortenson Company, that there are no specified liquidated damages but they do have impending actual damages which could far exceed any estimated liquidated damages and that is what they are faced with is the actual damages of the tenants and what they are going to face with not being able to move into that facility on August 29. He stated it will be a mistake not to get the right contractor on board if have any hopes of making the August 29 date; that if the council does not want to reject this bid, then they may have to revise their recommendation to reject all bids, to rebid it and take the four-week hit now and deal with the tenants upfront because they are absolutely confident that the low bidder will not meet the schedule.

Mr. Swanson stated that he indicated to the Urban Development Committee, the law in North Dakota creates a presumption that the award of any contract for the public construction is to be awarded to the lowest and most responsible bidder, whether you call it lowest and best, or lowest and most responsible, the words are interchangeable, that is a factual determination for the council to make, the council may determine who is the most responsible or best bidder of bids received, whether they be low or not. He stated that if they do not select the lowest bidder, the council must identify on a rational basis the reasons why you are not selecting the low bidder, reasons which are adequate to reject a low bid and accept the next lowest bid, may include past performance on City projects, may include past performance on other projects, a bidder’s demonstrated ability to perform on a proposed project, including time and budget, the bidder’s ability or capacity including equipment and personnel. He also stated that if the council has factual issues as to what comments a contractor has made in a post-bid interview, it would certainly be appropriate to hear from the construction manager with respect to what statements may or may not have been made by the contractor, it is appropriate for the council to evaluate and investigate past performance on other jobs as long as the council makes factual findings and they are reasonable and based upon substantial evidence as defined by the Statutes of North Dakota, you may select among your bidders that which is the lowest and most responsible bidder. The council has already acted and declared an emergency and has waived the formal bidding requirements and thus, have before you a fast track bid of four bidders, and that’s an essence of recap of the information he gave to the Urban Development Committee. He stated he was not in a position to substitute his opinion of a factual finding for that of the council, that specifically a discretionary act on the part of the council, at least with respect to the type of information you were provided all of those appear to be sound basis to make factual findings.

Council Member Hamerlik asked Council Member Beyer or Dan Mehls, if there were factual or substantiated items that council could be informed of so that they could be specific on those two to make the exception as requested.

Council Member Beyer stated that she feels confident that there are and would like Mortenson’s to give us their recommendation and basis for it, rather than giving her interpretation.
Mr. Mehls reported that they conducted a post-bid pre-award interview with the two low bidders and derived the following from their telephone interview, and unfortunately the owner of Sherlock Construction was on vacation and couldn’t be here for face to face interview, so did over the telephone, and paraphrased in six major categories that they derived from the meeting: 1) the owner of the company told them verbally that the schedule cannot be maintained, that they would put their best foot forward and give 100%, but don’t believe schedule can be maintained; and owner of the company is not committed to maintaining the contract schedule; 2) the firm does not have a project manager on staff or a superintendent on staff to manage a project of this capacity, they will have to hire those people from outside the company and bring them on board; 3) they have to hire numerous skilled carpenters to perform this work and as with labor market what it is, it is hard to find skilled carpenters and they said they would have to find numerous of them to bring them on board to perform this work, doubtful they will be able to find that many people if don’t have already on board; 4) they have a poor record of maintaining schedule on two previous projects that Mortenson’s has worked with them, one at St. Michael’s and one at Central High School; 5) this is single largest project that Sherlock Construction has taken under, the $2.4 million contract, and they performed $4 to $5 million is their annual volume, and this is a huge project for them and Mortenson’s did not get the feeling that they approached this as being the single largest project as far as how they prepared to manage this project, that it was apparent during the interview that they were going to wait and react to whether they got the bid or not to staff up the project, and we don’t have time for reaction; 6) they have a very poor safety culture within the company and have had numerous safety issues with them to the point where have had to remove people off of their projects due to safety, and safety is very important, but cannot afford to have any injuries or lose any lives on this project.

Council Member Martinson stated that most of these things come as quite a surprise, and asked if they knew any of this going in early on, and if so, why were they permitted to bid the project. Mr. Swanson stated he was not aware of any provision in North Dakota law that would allow council to exclude a bid unless you went through a pre-bid qualification process and not aware that this project had a pre-bid qualification process for any of the components.

John O’Leary, Urban Development, stated they are keeping a running subtotal of where they are at with the project since this is a designed built project, all aspects weren't bid at the same time and don't know what the bottom line is until the last aspects of the project is being bid and awarded. He stated that they’ve added some things to the project which changed the scope of the project, ie., skyway which was added to this project for a quarter of a million dollars, made some changes in the mechanical system from what originally anticipated the project was going to have, went from electrical to gas, etc. and are over the budget but a lot of the cost over-runs are our own making, we have asked for the project to be changed in scope and in size. He reported that they have most of these covered with some alterations, have asked for half million dollars in additional funding from EDA and they are optimistic that they’ll help us with that, have asked the Corporate tenants of the 80% which are committed to contribute an additional 50/cents per sq. ft., and they have agreed to do that and also committed from a 10 to a 13 year lease to help cover the additional expenses. He stated that with those changes, however, they are still somewhat over budget and are in the process of talking to the city auditor about exploring the possibility of increasing the bond from a 15-year to a 20-year bond, and there are some value engineering mysteries that are on the table that our construction management company is talking to the contractors about and those VE’s in the past been able to cut around $400,000 in VE issues that Mortenson’s is certainly rendered to keep on this project, that if they increase the length of the bond from 15 to 20 years, and if receive the additional $500,000 from EDA which they feel is very likely and with the increase in rent by an additional 50/cents per sq. foot by the tenants, they think they are over by about $100,000, and this is a $13.9 million project and when they went into this project, they weren’t sure how much it was going to cost, it was staff estimates and preliminary , that a lot of the cost over-runs were due to the environment that happened after the flood and have covered all but about $100,000 of that, and hopefully at the next Urban Development Committee meeting they will have a more detailed report back for the members and will share that with all the council members. Council Member Lucke asked if it goes to $200,000 if council awards to the high bid or will they eliminate that $100,000 over-run. Mr. O’Leary reported that it will go to $100,000 if award to the high bid tonight, and that Mr. Mehls talked about the actual damages, that he is concerned with two of the tenants, and if not successful in bringing project in on time, it’s very likely that we will lose a tenant, and that two of the tenants have to reinvest insurance proceeds that they received because of the flood and fire in this fiscal year, and if they don’t buy the equipment and reinvest in that office equipment and office space, they will lose substantial tax advantages and so some very real consequence to our tenants if not able to bring this building in early in September as promised, and that’s part of the concern here that’s driving the recommendation from Mortenson’s.

Wayne Sykes, salesman for Sherlock Construction, representing Jack Sherlock, stated that Mr. Sherlock was quite astounded when they received a call and were asked to formally withdraw their bid; and asked why were they allowed to bid if their track record is not good, they have completed all the jobs that they were in, they have been under distress like every other contractor but they feel they can put a workforce together. He stated time element is really a factor and with this delay on the bid again, their understanding is the exterior is four weeks behind on their contract, and they will bring that up and get in time so Sherlock can get theirs ready, and are assured that they are, that there are a lot of ifs, that Mr. Sherlock was on vacation but he will be back in town on Saturday and will be very disappointed if not awarded the bid.

Council Member Brooks asked what the difference in the bond going from 15 to 20 years would have on the budget for building a building; that will increase interest payments and total cost and asked if this was the last bid for the project, and if so should know budget wise.

Doug Christensen, attorney, stated that Mr. Swanson gave good law, but council has to make a business and factual determination if feel that what Mr. Mehls told you is sufficient to reject the bid, because that’s what Mr. Sherlock’s attorney will be looking at, the tape of this meeting is going to be in his hands shortly he’s sure, that he’s not here to say Mr. Sherlock should or shouldn’t get the bid because he’s sure Mr. Mehls has reasons for doing what he’s done, but he drives downtown everyday and thinks Construction Engineers is also building the County office building and would ask council where are they going to get their carpenters, how many carpenters do they have working on that building today, how many carpenters aren’t working tonight; and asked they proceed cautiously and not get City in a situation where it could get sued. He suggested that if Mr. Mehls sincere about what he said, have him put it in writing and create some evidence so that City doesn’t lose if Mr. Swanson called upon to defend the law suit.

Council Member Hafner asked if Construction Engineers stated they could meet that. Mr. Mehls stated the schedule timeline was part of the contract documents; that Construction Engineers did commit to meeting schedule; and when they asked the question to Jack Sherlock, he said that schedule is unobtainable , that they would give it 100% effort to try and meet it.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Polovitz, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 8; voting “nay”: Council Members Brooks, Lucke, Hamerlik, Martinson - 4. Mayor Owens declared the motion carried.
APPROVE MATTER OF FUNDING FOR VARIOUS
WATER SYSTEM PROJECTS

The Flood Protection Committee reported having considered the matter of CDBG funding for various water system projects, and recommended that we authorize the $4.8 million for the Clearwell; that we authorize the $7.083 million for the downtown watermain replacement, Phase 2, the North Columbia Road from DeMers to University and connection to the UND Water tower and priority bottleneck improvements; and that the $4.8 million and the $2.033 million for the North 11th Street bottleneck improvements be contingent upon the adoption of the Industrial Park site for the location of the clearwell and treatment plant with engineering costs to be paid from Water Utility Cash.

It was moved by Council Member Carpenter and seconded by Council Member Polovitz that this
recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

RECESS FOR 5-MINUTES

Mayor Owens called for a five-minute recess at 8:45 p.m.

MAYOR OWENS RELINQUISHED CHAIR; PRESIDENT PRO TEMP BAKKEN PRESIDING

The city council reconvened following the recess with Council Member Bakken, chairman of the public safety committee, chairing the meeting with the following members present: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9.

ADOPT ORDINANCE NO. 3766, AMENDING GRAND
FORKS CITY LAND DEVELOPMENT CODE, ZONING,
RELATING TO FRONT YARD REQUIREMENTS IN
VARIOUS ZONING DISTRICTS

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions, Section 18-0208, R-1 (Single Family Residence) District, subsection (8), Front Yard Requirements, Section 18-0209, R-2 (One and Two Family Residence) District, subsection (8), Front Yard Requirements, Section 18-0120, R-3 (Multiple-Family Residence, Medium Density) District, subsection (8), Front Yard Requirements, Section 18-0211, R-4 (Multiple-Family Residence, High Density) District, subsection (8), Front Yard Requirements, and Section 18-0304, Yards, subsection (9)”, which had been introduced and passed on its first reading on December 7, 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.

President pro temp Bakken called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Planning staff for final approval of an ordinance to amend the text of the Land Development Code Section 18-0204, subsection (2) Definitions; Section 18-0208, subsection (8) Front Yard Requirements in the R-1 (Single Family Residence) District; Section 18-0209, subsection (8) Front Yard Requirements in the R-2 (One and Two Family Residence) District; Section 18-0210, SUBSECTION (8) Front yard Requirements in the R-3 (Multiple-Family Residence, Medium Density) District; Section 18-0211, subsection (8) Front Yard Requirements in the R-4 (Multiple-Family Residence, High Density) District and Section 18-0304, subsection (9) Front Yard Depths which amendments would allow the builder the option to reduce the minimum front yard setbacks for dwelling units when front-loaded garage setbacks are increased. This option, if selected by the builder, would increase the off-street parking area and improve the curb appeal of the dwelling; and recommended final approval and passage of the ordinance amending the Land Development Code. The motion had been approved by Council Members Hafner and Beyer.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner,

Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the ordinance adopted.

ADOPT ORDINANCE NO. 3767, AMENDING THE LAND
DEVELOPMENT CODE, ZONING, RE. TO YARDS

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0204, Rules and Definitions, and Article 3, Rules and Regulations; Section 18-0304, Yards, Subsection (3)”, which had been introduced and passed on its first reading on December 7, 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.

President pro temp Member Bakken called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Planning staff for final approval of an ordinance to amend the text of the Land Development Code Section 18-0304, Subsection (3) Yards, which amendment would allow unenclosed porches to extend into required front yards to a distance not exceeding six (6) feet, and recommended final approval and passage of the ordinance amending the Land Development Code. The motion had been approved by Council Members Hafner and Babinchak.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RE. LAND DEVELOPMENT CODE, SUB-
DIVISION REGULATIONS, SECTION 18-0907 TO
FEBRUARY 16, 1999

An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 9, Subdivision Regulations, Section 18-0907, Layout of Additions and Subdivisions; Survey and Plat Required; Contents of Plat, Subsection (2) Rights of way”, which had been introduced and passed on its first reading on December 7, 1998, was presented and read for consideration on second reading.

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.

President pro temp Bakken called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Planning staff for final approval of an ordinance to amend the text of the Land Development Code Section 18-0907, subsection (2) which amendment would allow for the platting of alleys in subdivisions, and recommended to extend the public hearing to February 16, 1999, and to refer the ordinance to the Public Works Department for comments.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO 3768, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON PLAT OF KANNOWSKI’S FIRST ADDITION

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 plat of Kannowski’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 7, 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.

President pro temp Bakken called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from John Staley on behalf of the Grand Forks Park District for final approval of the plat of Kannowski’s First Addition to the city of Grand Forks North Dakota, lying within the South Half of the North Half and within the South Half of Section 28, Township 151 North, Range 50 West of the 5th Principal Meridian (located between 47th and 62nd Avenues South and between South Washington Street and South Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Department. The motion had been approved by Council Members Hafner and Brooks.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Member Bakken declared the ordinance adopted.

TABLE MATTER OF FINAL PLAT OF GOLDEN HARVEST
SECOND ADDITION AND ORDINANCE TO AMEND THE
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF GOLDEN
HARVEST SECOND ADDITION INDEFINITELY

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 plat of Golden Harvest Second Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on December 7, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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.

President pro temp Bakken called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported they had considered the matter of the request from Jerry Pribula on behalf of John Campbell for final approval of the plat of Golden Harvest Second Addition to the city of Grand Forks, North Dakota, being part of the West Half of the Northwest Quarter of Section 32, township 152 North, Range 50 West of the 5th Principal Meridian (located east of North 42nd Street and south of 27th Avenue North), and recommended to table indefinitely.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 9 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Beyer and seconded by Council Member Hafner that the consent agenda items be referred to committee as noted for their consideration. Carried 9 votes affirmative.

Public Safety Committee:
1) matter of approval to construct mosquito control building addition.

Public Service Committee:

1) matter of notice regarding non-protestable projects.

REPORTS OF OFFICERS

The deputy city auditor presented the city auditor’s statement of cash balances as of December 31, 1998. It was moved by Council Member Brooks and seconded by Council Member Hafner that the report be received and filed. Carried 9 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-24, dated January 19, 1999 and totaling $3,200,093.09, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bouley and seconded by Council Member Brooks that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF
1997 TAXES, GLENN AND MARCIA ROST

The Finance Committee reported having considered the application for abatement of 1997 taxes by Glenn and Marsha Rost, 520 South 5th Street, and recommended to approve the application of abatement with a reduction in the value by $10,100.00.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

AUTHORIZE RELEASE OF FUNDS BUDGETED FOR
UND’S ENHANCED RECRUITMENT PROGRAM

The Finance Committee reported having considered the matter of release of funds budgeted for UND’s enhanced recruitment program in the amount of $100,000, and recommended to approve request for release of funds.

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 voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

Bob Boyd, 1371 South 38th Street, Vice President for Student and Outreach Services at UND,
thanked the council for that approval and for the help that they have given to the University this year, and is very much appreciated.

ALLOCATE FUNDING FOR PAY INCREASES FOR
CONTRACTED POSITIONS

Committee No. 1, Finance, reported having considered the matter of annual contract amendment for chief of police for pay increase, and recommended that we allocate up to $7,500.00 for the mayor to utilize for pay increase for these two contracted positions (chief of police and city planner).

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

Council Member Babinchak stated she had no problem with contract employees receiving an annual raise as well as all other employees, but believes the increase in salary while the contract is in effect, should have been addressed in the initial contract, so when the council votes on a contract position, should really know what the cost is they are voting on , and something about criteria for negotiating the increase that isn’t in the current two contracts, other than a small amendment that says modification to this contract agreed on by both parties.

Mr. Swanson stated that contrary to what might have been stated in the committee minutes, he had raised that issue when the contract was originally drafted, additionally the issue was discussed briefly on the council when the contracts were actually approved, so the council did have an opportunity at that time to consider the issues, and the contract now is absolutely silent as to any changes in compensation and could be construed without other action by the council that salary is for the term of the contract.

Upon call for the question on the motion and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Hafner, Martinson, Bakken - 8; voting “nay”: Council Member Babinchak - 1. President pro temp Bakken declared the motion carried.

APPROVE MATTER OF COST MATRIX BUDGET
AMENDMENTS

The Joint Committee of Finance Committee and the Urban Development Committee considered the matter of cost matrix budget amendments, and recommended to approve budget transfers excluding Project No. 6003, Congressional Hi-Tech Land, Project No. 6005, Congressional Sunland land, and Project 6029, new housing development.

It was moved by Council Member Brooks and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

COUNCIL MEMBER KLAVE EXCUSED

APPROVE REQUEST FROM COLUMBIA LIQUORS TO
RELOCATE ALCOHOLIC BEVERAGE LICENSE TO 1950
32ND AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the request from Columbia Liquors to change location of alcoholic beverage license from 2519 32nd Avenue South to 1950 32nd Avenue South (Osco Drug building) to move March 15, 1999, and recommended that the request
be granted providing that they comply with all department inspections.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE BIDS FOR DEFIBRILLATORS FOR FIRE
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of consideration of bids for purchase of four defibrillators for fire department, and recommended that we authorize the fire department to accept the bid of Physio-Control Corporation for defibrillators and associated equipment in the amount of $11,916.00, and approve transfer of $11,916.00 from cash carryover.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Beyer, Babinchak, Hafner, Martinson, Bakken - 8; voting “nay”: none. President pro temp Bakken declared the motion carried

ACCEPT BIDS FOR POLICE VEHICLES

Committee No. 2, Public Safety, reported having considered the matter of consideration of bids for unmarked vehicles for police department, and recommended to authorize the purchase of 3 Crown Victorias from Hansen Ford Sales, Inc. and 2 Chevrolet Luminas from Rydell Chevrolet at a total cost of $99,584.05.

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

COUNCIL MEMBER KLAVE REPORTED BACK

Chief Packett reported that they had received two bids from Rydell Chevrolet and from Hansen Ford for the Luminas and for the Crown Victorias, and at the direction of the public safety committee they included options of lease purchase or outright purchase, and the recommendation is to purchase outright, with a difference of approx. $2,000 per vehicle, staff reviewed the two bids and felt that now would be a good time to look at alternative vehicles, rather than have 25% of the fleet be an entirely new experiment but go about 10% of the fleet, and that’s why it was staff’s recommendation to go with the two Luminas and the three Crown Victorias, which are the low bids on the two vehicles.

Council Member Hamerlik stated concern about resubmitting for local bidding. Mr. Swanson stated that their office has consistently advised council not to adopt restrictions on qualification of bidders or preference in the evaluation of bids solely based upon whether it is a local firm or vendor, but can in the course of evaluating bids, evaluate such things as promptness, timeliness or service, availability of parts, staff, etc. and in some instances that may provide a rational basis to award a bid to a local vendor as opposed to a lower vendor outside of the area, but simply to adopt a preference for a local bidder would be their recommendation that council not do so. He stated the courts have not altered their analysis to such an issue and in fact, the federal courts appear to be even more strenuous on that type of an issue in interstate commerce than even before.

Council Member Bouley reported that they had asked because it was a State bid and if local businesses had been offered to bid on it and was not to give them preferential treatment, but stated they would like to deal with Grand Forks when they can.

Mr. Swanson stated that in a situation where utilizing a State bid the council has no alternative or authority to alter from the State bid, however, if utilizing your own bid process the council can determine at what method you will solicit those bids, at a minimum you have to advertise in your official newspaper and may, if somebody has requested or if you are knowledgeable of a vendor providing a particular product you are seeking to acquire, may directly solicit those bids; that sometimes is a matter of practice that ends up in providing you only with local bidders, but that’s not necessarily the case if you are attempting to rely upon State bid prices.

Chief. Packett reported that when staff prepared their bids for unmarked police vehicles for public safety they erred in not listing all vendors that participated in the State bid, all that was provided for the public safety committee was the low bidder, which was Corwin for two small vehicles, and at the request of public safety, they requested staff to go back and get a listing of all the dealers that had an opportunity to bid on the State bid just to insure that all the local dealers had an opportunity to bid for that as well, staff has prepared that for public safety and will consider it in the future so it’s two different issues, marked units vs. unmarked units. Chief Packett reported that staff followed up on the direction of public safety and did ask to ascertain that the State bid did include all of our local dealers, and did have an opportunity to bid on that so there would be no need to go out for new bids, but State bid with all dealers that had an opportunity to bid.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried

APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 4807, PAVING SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of public hearing and project concept report for Project 4807, paving South Washington Street from 40th to 47th Avenues South, and recommended approval of project concept report (with consideration that it does come back to committee).

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE LICENSE FOR STORAGE OF DIRT/SOIL
FOR SOUTHEND DRAINWAY PROJECT NOS. 4669.2,
` PHASE II-A, AND PROJECT 4669.3, PHASE II-B

Committee No. 3, Public Service, reported having considered the matter of license for storage of dirt/soil for Southend Drainway Project No. 4669.2, Phase II-A and Project No. 4669.3, Phase II-B, Tract 1 (portion of Lots 2, 4 and 6, Block 2, Southern Estates First Addition) and Tract 2 (portion of Lot C, Block 1, Replat of Ulland Park First Addition, for and in consideration of $1,420.20 per attached license, Grantor, Park District of Grand Forks, and recommended to approve agreement with Park District for $1,420.20 annually.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH
CPS, LTD. FOR ENGINEERING SERVICES FOR
PROJECTS NOS. 4957, 4958 AND 4959, SANITARY
SEWER, WATERMAIN AND STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of agreements with CPS, Ltd. for engineering services (design) for Project Nos. 4957, 4958 and 4959, sanitary, water and storm sewers on 42nd Street from 17th to 29th Avenues South, and recommended to authorize entering into agreement for engineering services with CPS, Ltd. in amounts of $32,818 for Project No. 4957, $31,370 for Project No. 4958, and $37,021 for Project No. 4959, for a total of $101,209.00.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE AMENDMENT NO. 10 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4875,
PROJECT NO. 4924 AND PROJECT NO. 4928

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for various projects: Amendment No. 10 (design), Greater Forks Engineering Group, Project No. 4875, storm sewer on Columbia from 40th to 51st Avenues South, Project No. 4924, storm sewer on Columbia Road from 36th to 40th Avenues South, and Project No. 4928, box culvert on Southend Drainway at South 18th Street (CDBG), and recommended to approve Amendment No. 10 to the engineering services agreement in the amounts of $34,270 for Project No. 4875, $22,640 for Project No. 4924, and $7,335.00 for Project No. 4928.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE AMENDMENT NO. 11 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4894

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for various projects: Amendment No. 11 (design), Greater Forks Engineering Group, Project No. 4894, sanitary sewer on 20th Street from 36th to 40th Avenue South (CDBG), and recommended to approve Amendment No. 11 to the engineering services agreement in the amount of $23,500.00, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE AMENDMENT NO. 12 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4929

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for various projects: Amendment No. 12 (design), Greater Forks Engineering Group, Project No. 4929, water on 20th Street from 36th to 40th Avenues South (CDBG), and recommended to approve Amendment No. 12 to the engineering services agreement in the amount of $15,025.00, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE GREATER FORKS ENTINEERING GROUP
RATE SCHEDULE FOR 1999 FOR SOUTHEND
DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of Greater Forks Engineering Group 1999 rate schedule for southend development projects, and recommended to approve adjustment of professional engineering rates for 1999.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE ENGINEER’S REPORT FOR PROJECT
NO. 4779, RELOCATE WILLIAMS PIPE LINE ON
PORTION OF COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of CDBG engineer’s report for Project No. 4779, relocate William Pipe Line on Columbia road from 40th to 47th Avenues South, and recommended to approve the engineer’s report in the estimated cost of $320,000.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE PLANS AND SPECIFICTAIONS FOR PROJECT
NO. 4866, RESTORE STORM SEWER IN AREA 4

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4866, restore storm sewer in Area 4 (CDBG), and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

ACCEPT BID FOR PROJECT NO. 4911, SEWER PLUGS
FOR SECOND LINE OF FLOOD DEFENSE

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4911, sewer plugs for second line of flood defense, and recommended to accept the bid of Hurco Technologies in the amount of $41,513.47.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4719

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, restore sanitary sewer Area 2, Change Order No. 3 (CDBG), (Lametti & Sons, Inc., contractor, and recommended to approve the change order in the amount of $3,730.00.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4860

Committee No. 3, Public Service, reported having considered the matter of change order for Project no. 4860, restore storm sewer Area 2, Change Order #2 (CDBG), Molstad Excavating, Inc., contractor, and recommended to approve the change order in the amount of $15,120.00.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken 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, pump station #38, Change Order #7, Wanzek Construction, Inc., contractor, and recommended to approve the change order in the amount of $498.75.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

COUNCIL MEMBER MARTINSON EXCUSED

APPROVE EXTENSION TO DEADLINE FOR RELOCATION
VOUCHER PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of request for extension to deadline for Relocation Voucher Program, and recommended approval of extension to Voucher Program for Gary and Zoe Karlstad to March 31, 1999.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

AUTHORIZE GRAND FORKS HOUSING AUTHORITY
TO BE SUB-REPIENT FOR HOME FUNDS

Committee No. 4, Urban Development, reported having considered the matter of budget amendment authorizing Grand Forks Housing Authority to be sub-recipient for $896,000 HOME funds, and recommended to authorize the Grand Forks Housing Authority to be the sub-recipient for $896,000 in HOME funds.

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Bakken - 8; voting “nay”: none. President pro temp Bakken declared the motion carried.

AUTHORIZE CALLING FOR PUBLIC HEARING TO
LEAVE THE 8-PLEXES IN MICHIGAN AND TO USE
THOSE HUD MONIES FOR ORIGINAL INTENT

Committee No. 4, Urban Development, reported having considered the matter of 8-plexes in Michigan, ND and recommended to call for a public hearing to leave the eight-plexes in Michigan and use those HUD monies for the original intent (preservation or development of rental housing for low-income families or special needs population or the elderly).

It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

AUTHORIZE FUNDING FOR ST. JOHN’S ANNEX REHAB
FROM CBD ACQUISITION ACCOUNT

Committee No. 4, Urban Development, reported having considered the matter of source of funds for St. Johns Annex rehab grant, and recommended approval to take funds for the St. John’s Annex rehab out of the CBD Acquisition account.
It was moved by Council Member Hafner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE CHANGE ORDERS FOR CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson’s deductive change orders for the Corporate Center, and recommended approval of Nova Fire Protection, $4,696; T.F. Powers Construction, $1,006; and Advanced Elevator, $2,850.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson’s change order for Corporate Center, and recommended approval of McFarlane Sheet Metal in the amount of $1,276.00 which includes smoke/fire damper code upgrades.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson’s deductive change order for the Corporate Center parking ramp, and recommended approval of deductive change order in the amount of $158,966 for elimination of interior finishes in elevator lobby and substantial modification of guardrail system.

It was moved by Council Member Hafner and seconded by Council Member Beyer that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Bakken - 8; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE FINAL PLAT OF REPLAT OF LOT 2 AND NORTH
40 FT. OF LOT 4, BLOCK 33, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Grand Forks County Commission for final approval (fast track) of the Replat of Lot 2 and the north 40 feet of Lot 4, Block 33, Town of Grand Forks (D.T.) to Grand Forks, ND (located at 201 South 4th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 4,
BLOCK E OF REPLAT OF LOT 2, BLOCK 2, RICHARD’S
WEST SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Steinkuehler and Baldwen for final approval (fast track) of a Replat of Lot 4, Block E of the Replat of Lot 2, Block 2, Richard’s West Subdivision to the city of Grand Forks (located at 5002 and 5004 6th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE FINAL APPROVAL OF PLAT OF DREES
PLACE THIRD RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Widseth, Smith, Nolting and Associates, Inc. on behalf of Hope Evangelical Covenant Church for final approval (fast track) of Drees Place Third Resubdivision, Grand Forks, ND, being a replat of portions of Drees Place Addition and Drees Place Second Resubdivision (located south of 17th Avenue South near South16th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.

INTRODUCE ORDINANCE TO AMEND TEXT OF LAND
DEVELOPMENT CODE RELATING TO RULES AND DEFNINITIONS TO DEFINE CONTRACTOR’S OFFICES,
SHOPS AND YARDS, AND TO ALLOW AS PERMITTED
USE IN B-3 (GENERAL BUSINESS) DISTRICTS BY CON-
DITIONAL USE

The Planning and Zoning Commission reported having considered the matter of the request from Planning staff for preliminary approval of an ordinance to amend the text of the Land Development Code Section 18-0204, subsection (2) Definitions and Section 18-0216, subsection (2) and subsection (3) which would define contractor’s offices, shops and yards; would permit contractor’s offices in the B-3 (General Business) District and contractor’s shops by conditional use and under special conditions, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for February 16, 1999.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Babinchak introduced an ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning, Section 18-0204, Rules and Definitions, and Section 18-0216, B-3 (General Business) District”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX CERTAIN PROPERTY
IN SOUTHERN ESTATES FIRST ADDITION TO THE CITY
OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of petition from the Grand Forks Public School District No. 1 for approval to annex Lot 3, Block 3, Southern Estates First Addition to Grand Forks, ND (located east of South 25th Street between 45th and 47th Avenue South), and recommended approval of an ordinance to annex, to introduce the ordinance and to set the date of the public hearing for February 1, 1999.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.
Council Member Babinchak introduced an ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, all of Lots 2 and 6, Block 2; all of Lots 1, 2 and 3, Block 3 and all of Lot 1, Block 4, Southern Estates First Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE PORTION OF NORTH
17TH STREET R/W AND ALLEY R/W, BEING A PART OF
BLOCK 78, ALEXANDER & IVES ADDITION

The Planning and Zoning Commission reported having considered the matter of referral from Public Service and petition from Acme Electric for approval to vacate a portion of North 17th Street right of way and alley right of way dedicated to the City of Grand Forks, North Dakota, and filed in the Office of Register of Deeds, Grand Forks, North Dakota, on January 18, 1991, and recorded as document No. 461645, said portion more specifically described as being the westerly 30 feet of Lots 8 and 9, Block 78, Alexander and Ives Addition, Grand Forks, ND, including portion of east/west alley adjacent thereto, said right of way vacation being subject to a sidewalk and utility easement on the easterly 23 feet thereof, and recommended approval of a resolution to vacate the westerly 30 feet of Lots 8 and 9, Block 78, Alexander and Ives Addition, Grand forks, ND, including portion of east/west alley adjacent thereto; said right of way vacation being subject to a sidewalk and utility easement on the easterly 23 feet thereof; and contingent upon relocation of waterline at Acme’s cost and to set the date of the public hearing for March 1, 1999.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice public hearing be published as required and the public hearing be set for Monday, March 1, 1999. Carried 8 votes affirmative.

APPROVE DAY-HUD PUD (DETAILED DEVELOPMENT
PLAN, SEARS ANCHOR STORE) LOTS A, D AND E,
BLOCK 1, REPLAT OF COLUMBIA MALL ADDITION

The Planning and Zoning Commission reported having considered the matter of a request from CPS, Ltd. on behalf of Metropolitan Life Insurance Co. for approval of DAY-HUD PUD, Detailed Development Plan, Sears Anchor Store, Lots A, D and E, Block 1, Replat of Columbia
Mall Addition (located on the north side of Columbia Mall), and recommended approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.

INTRODUCE ORDINANCE AMENDING TEXT OF LAND
DEVELOPMENT CODE, RE. PARABOLIC ANTENNAS

The Planning and Zoning Commission reported having considered the matter of a request from the City Planning Office for preliminary approval of an ordinance to amend the Land Development Code parabolic antenna Section 18-0310 to better accommodate the smaller dishes currently being used, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for February 16, 1999.
It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Babinchak introduced an ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 3, Rules and Regulations; Section 18-0310, parabolic antennas”, which was presented, read and passed on its first reading.

COUNCIL MEMBER MARTINSON REPORTED BACK
APPROVE CHANGE ORDER FOR CIVIC AUDITORIUM

The Flood Protection Committee reported having considered the matter of Mortenson update, Civic Auditorium, and recommended approval of a deductive change order to Fritz Electric in the amount of $11,943.00.

The Flood Protection Committee reported having considered the matter of Mortenson update, Residential Demolition Bid Package #9, and recommended approved change order to Peterson
Construction in the amount of $67,550 for an additional 15 properties.

The Flood Protection Committee reported having considered the matter of Mortenson update, Residential Demolition Bid Package #11, and recommended approval of a change order to Landwehr Construction in the amount of $61,780 for an additional 9 properties.

It was moved by Council Member Hafner and seconded by Council Member Bouley that these recommendations be and are hereby approved. Upon roll call the following voted “aye”; Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. Council Member Bakken declared the motion carried.

AUTHORIZE ADVERTISING FOR ENGINEERING FIRM
TO EVALUATE SOUTHEND ALIGNMENT EVALUATION

The Flood Protection Committee reported having considered the matter of consultant for Southend alignment evaluation, and recommended to authorize to advertise for an engineering firm to evaluate possible southend alignment alternatives.

It was moved by Council Member Hafner and seconded by Council Member Bouley that these recommendations be and are hereby approved. Carried 9 votes affirmative.

APPROVE APPOINTMENTS TO RELOCATION
COUNSELING SERVICES COMMITTEE

President pro temp Bakken announced the following appointments to the Relocation Counseling Services Committee: Council Member Bouley, Howard Swanson, Brenda Johnson and Ken Vein, and asked for concurrence in these appointments. It was moved by Council Member Babinchak and seconded by Council Member Brooks that these appointments be and are hereby approved. Carried 9 votes affirmative.

APPROVE APPOINTMENT TO GRAND FORKS
HOUSING AUTHORITY
President pro temp Bakken announced the appointment of Council Members Brooks and Bakken to the Grand Forks Housing Committee for Grand Forks Homes and asked for concurrence in these appointments. It was moved by Council Member Beyer and seconded by Council Member Klave that these appointments be and are hereby approved. Carried 9 votes affirmative.

APPROVE TEMPORARY REPLACEMENT OF MEMBER
TO DDC

Council Member Bakken announced the temporary replacement of Council Member Polovitz for Council Member Glassheim on the DDC and Central Business District Authority and asked for concurrence in these appointments. It was moved by Council Member Beyer and seconded by Council Member Brooks that this temporary replacement be approved. Carried 9 votes affirmative.

ANNOUNCEMENT OF CITIZENS POLICE ACADEMY

Council Member Bakken reported that the Citizens Police Academy will be held on Thursday evening from 6:30 p.m. to 9:00 p.m. in the Grand Forks Police Department building beginning January 21, 1999 and ending March 11, 1999, and that all council members are welcome to attend any session.

APPROVE ESTIMATES, VARIOUS PROJECTS

The deputy city auditor read the following estimate summaries for various projects: Monthly Estimate Summary in the amount of $2,614.15.

It was moved by Council Member Brooks and seconded by Council Member Bouley 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 roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Klave, Beyer, Babinchak, Hafner, Martinson, Bakken - 9; voting “nay”: none. President pro temp Bakken declared the motion carried.

APPROVE CERTIFICATE OF COMPLETION

A communication was presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following project in a satisfactory manner, and recommending acceptance by the council: Project No. 4790, compost collection sites.

It was moved by Council Member Brooks and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Hamerlik asked Mr. Grasser, asst. city engineer, to indicate the status of the second and third clay sites. Mr. Grasser reported that they are still investigating areas for the three sites they had looked at on the secondary line of defense plan, that they have purchased the Campbell property and haven’t been pursuing the other two sites; problems they are running into are that if get anything very close to town the cost of the land is very high. He stated they have been pursuing more so than the second pits per se is following up discussions with Grand Forks Development Corp., Park District and various entities and locating other sites that are closer to town that would have greater availability in event need to fight flood; that there is some dirt available now with the Southend Drainway with those stockpiles and also leased some property for the setting and in one location bought some property so things have changed a little bit from putting together the original secondary line of defense when talking about needing the three pits, that he would still like to pursue another pit in the southend of town but it’s been very difficult. He stated they are looking at another pit and trying to come to an agreement with Mr. Lund; did take dirt out of the Lund pit west of town that was on Highway 2 (mile or so west of the airport), that’s a long haul but it’s nice source. He stated they have several sources spotted for borrow pits but haven’t actually purchased sites as originally intended, partially because of the money they spent on the Campbell site drained that account and haven’t got financing going for the Corps of Engineers to turn that money over and replace it. Council Member Hamerlik stated that they have the availability of clay rather than the purchase of a site for clay; Mr. Grasser agreed. Mr. Grasser stated he has been somewhat hesitant to go out and propose buying 20 or 30 acres of land for the City of Grand Forks that might be six miles south of town.

2) Council Member Hamerlik questioned legal notice published last week where there’s some changes of plans but not enough information to know what plans are being changed. John O’Leary, Urban Development, reported that the ad had to do with the 8-plexes in Michigan, ND and they decided they weren’t going to buy them because there were jobs being created in Michigan, and that every time there’s a substantial change in the work program, need to put an ad in the paper.

3) Howard Swanson, city attorney, reported that the legislative committee has been meeting on Friday afternoons; that they will be meeting every Friday at 4:15 p.m. in one of the basement committee rooms; that at the last meeting Council Member Carpenter and Council Member Lucke made a motion to give the legislative committee power to act on taking positions on bills. He stated the reason to do that is because of the legislative calendar comes out every Friday for hearings beginning the following Monday, and the past practice has not allowed the council to meet that often or quickly to take formal action; previously the committee has always been given power to act, and in reviewing the council minutes to date, that action has not been taken and would recommend that the council tonight formally adopt a resolution authorizing the legislative committee to act on its behalf.

Mr. Swanson reported that the staff is reviewing every bill introduced, by either the House or the Senate, those bills that have some relationship or some interest to the City of Grand Forks are brought forward to the legislative committee on the Friday before the hearing schedule and that committee evaluates whether it should take any position, positions that might be taken include monitoring, opposing, giving support or recommending amendments so the meetings typically last from half hour to hour and half depending upon number of bills, and can’t anticipate from week to week when they will be scheduled and how they affect the City.

Council Member Hamerlik stated that since they know which bills are being introduced, they don’t have to wait until that Friday to find out what the consensus of committee might be or the council; that if it’s a highly debatable item, it could be brought up to the council. Council Member Hamerlik moved that we give authority to our legislative committee to make decisions as to our stance and position on those certain bills we are interested in. Council Member Beyer seconded the motion.

COUNCIL MEMBER MARTINSON EXCUSED

Mr. Swanson stated that where possible they would try to get ahead of the curve, however, for council’s information as of Monday, the 11th, the legislative council had already drafted 120 more bills this session than they had the entire previous session, the cut-off for House bills was Monday, the 18th, and the cut-off for Senate bills has not yet arrived. He stated that his office is responsible for reviewing the bills but hasn’t had luxury of being able to come in with a master list, but anticipates that once the Senate cut-off date for bills arrives, will be able to do that, but in formulating testimony it appears that the only way to keep ahead of it is to act the Friday before and also rely quite heavily upon the ND League of Cities in their legislative review committee which he also serves on to give us further input. He stated that the committee’s efforts will ultimately resolve in a packet identifying what bills have been considered, what positions have been taken and the reasons for that.

Upon call for the question and upon voice vote, the motion carried 8 votes affirmative.

4) President pro temp Bakken reported that there are two light poles down on S. 29th Street, the matter was referred to staff.

5) Council Member Beyer questioned what the North Dakota open meetings law, and if anyone had addressed that in this legislative session in the form of a bill. Mr. Swanson reported there are a couple bills that he has reviewed to date dealing with open records rather than open meetings law; and amendments he has seen to date would have no affect, in his opinion, on any business being transacted by the City and if other bills haven’t come across his desk as yet. Council Member Beyer questioned that the Senate of the US can have closed sessions, yet the city council of Grand Forks cannot discuss various topics and concerns she had and hoped would be addressed in legislature. Mr. Swanson reported that the State of North Dakota has an extremely liberal open meetings law, one of the most liberal in the US, the US Senate and House operate on entirely different basis of law, the fact that the last session resulted in a complete overhaul of the open records and open meetings law, lead him to conclude that any amendments that might be considered this session would probably be, in order to be passed, are going to have to be very narrowly tailored, and doesn’t anticipate seeing any wholesale changes and with respect to the council being able to meet in a closed session for something other than negotiations or litigation or things of those natures that already are in Code, is highly unlikely.

ADJOURN

It was moved by Council Member Bouley and seconded by Council Member Brooks that we do now adjourn. Carried 8 votes affirmative.

Respectfully submitted,

Saroj Jerath
Deputy City Auditor

Approved: _______________________________
Arthur O. Bakken, President pro temp