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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 5, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, April 5, 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, Lunak, Klave, Babinchak, Bakken, Martinson - 11; absent: Council Members Glassheim, Beyer, Hafner - 3.

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.

Bob Gustafson, Grand Forks Chamber of Commerce reported that the Agri-Business Committee of the Chamber had rescheduled a special luncheon meeting from tomorrow to May 10, 1999 at the Town House to apprise you of the state of the agricultural economy in the Grand Forks region and how important it is to our region and because of flood-related activities and numerous other conflicts; that they will bring some of their best AG experts from business and industry and agricultural scene together to inform you of the state of our agri-economy and the challenges it faces and its implications for main street and political subdivisions.

FLOOD REPORT

Ken Vein, city engineer, presented an update on status of 1999 floodfight, that copies of the summary have been distributed. He stated that the Mayor issued an emergency declaration for Grand Forks on March 15, 1999 due to the threat of major spring flooding, and City staff has been working around the clock for last several weeks preparing for and fighting the 1999 flood. He stated they have engineering, public works and management coordination meetings held every day at 8:00 a.m. at the EOC, that copies will be distributed and that he and the Mayor meet once or more everyday to discuss current status.

Mr. Vein reported on temporary levees, that the current line of protection has been built to 50 ft., portions of the line have been raised to 52 ft. in areas, that the 35 houses with walkout basements below 50 ft. and working with Urban Development Office, that they have reserved about 25,000 sandbags for public works use should they need them and are in the public works building. Dike walkers have been utilized over the last week and police department is coordinating that activity because of the recent crest; but with lowering of the gauge levels, they have been discontinued and expect if need be that will start again. He reported that EOC opened on March 23 and has been open 24 hours/day since March 30 and will now be reducing its hours from 8:00 a.m. to 8:00 p.m. unless need to go back to 24-hour operation. He reported the public shelter was opened at the civic auditorium over the last several days in case of potential power outages and that was not needed or used. He reported that at the water treatment plant they put some flood shields in on exterior doors on the river side of sludge plant and the generator room; the generator was used during this last time of power outage but now plant is back on full power. He stated that the ice storm affected us significantly, 20 lift stations lost power during the ice storm and generators were used to pump the lines down and following day only 11 without power, that the following day lost another 20, but all lift stations are now operating on full power. He stated that the engineering and public works departments (specifically stormwater, wastewater and streets) have been working on the flood fight and cut into the normal workload. The City did bill out all the earthwork, etc. and also utilizing a number of engineering consultants to help keep the workload down for our own staff. The Emergency Management, public works and engineering departments are tracking their costs for this flood fight coordination with the finance department, that without a presidential disaster declaration declared there will not be any outside assistance that’s available, and earlier when talking about going to a 50 ft. plan, thought it would be in the neighborhood of $350,000, but could be up to $500,000. He stated that the City has been and is continuing to closely coordinate with the National Weather Service, Leon Osborne of UND and Meridian Environmental and river forecasts to track the storms, that one of the most significant things that has happened at this time is the precipitation that keeps coming, either rain, ice or snow, the crest has been and is still expecting a crest of 45.5 ft. on April 11, and crest shall last for a significant time, could be up to a week, and with those kinds of flows and if have another major rainstorm, that will have the ability to go past that. He stated that the engineering department did lay out a 52 ft. level of protection, and implemented if need be, that as of now all levees have been built and will be in a monitoring mode as they continue with flood protection. He stated if there were any questions, they could present them now or later.

Mayor Owens reported that on State Senate Bill 5188 for the $52 million which passed with several amendments on March 31 by a 68-28 vote and this large margin allows the emergency clause of the bill to continue which means it will go into effect as soon as the Governor signs it and files it with the Secretary of State and that she had an opportunity to personally thank the Governor over this past week for his hard work in making this possible. She stated that the bill was heard in both the Natural Resources and Appropriations Committee, and that there are several amendments to the Bill which was placed on their desks, that the Senate did not concur with the House amendments so a conference committee has been set up with three representatives from each Chamber and they will have to iron out the differences between the Senate version of the bill and the House version; that both Chambers will then have to vote on the conference committee’s recommendation, and we should be hearing the results of this very soon. She stated that she and Ken Vein, John Schmisek and Lisa Dressler traveled to Washington in the last couple weeks to work with our two senators and Congressman Pomeroy and visited with Appropriation members to make sure that the first start line item in the President’s budget of $10 million will be allocated during their budget session, that they also worked with staff from VA-HUD to receive a grant again for the clearwell and moving the water storage tank (on the wet side of the dike) and have received $4.9 million on that and are asking for another $6.5, it is a $23 million project; and that we’re well on our way to getting our dike project started this fall or at least the acquisition of properties and in 2000 starting the dike which will probably be five to six years away.

ADOPT ORDINANCE NO. 4781, RE.LATING TO FEES
FOR CARRY-OUT GARBAGE SERVICE

An ordinance entitled “An ordinance amending Sections 13-0404 and 13-0408 of the Grand Forks City Code relating to fees for carry-out garbage service”, which had been introduced and passed on its first reading on March 15, 1999, 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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the ordinance adopted.




HOLD PUBLIC HEARING AND ADOPT RESOLUTION
RELATING TO THE ALTRU HEALTH SYSTEM AND
A PROJECT UNDER MIDA, AS AMENDED, APPROVING
THE PROJECT AND PRELIMINARILY AUTHORIZING
ISSUANCE OF REVENUE BONDS TO FINANCE SUCH
PROJECT

The deputy city auditor reported that notice had been called for this evening for the purpose of conducting a public hearing on the proposal that the City issue its revenue bonds, in one or more series, under the North Dakota Municipal Industrial Development Act of 1955, NDCC, Chapter 40-57, as amended, that the proceeds of the revenue bonds, if issued, would be used principally to pay part or all of the costs incurred and to be incurred in the acquisition and installation of items of equipment and other personal property and renovation, remodeling and improvement of real property by Altru Health System at the System’s acute care hospital and medical facility located at 1200 South Columbia Road and at adjacent property thereto; that the maximum amount of bonds proposed to be issued to finance the project is $27,000,000, and shall be limited obligations of the City payable solely from the revenues pledged to the payment thereof, and the City shall not be subject to any liability therein; and that no protests or grievances had been filed with her office.

The Mayor announced that this was the time set for a public hearing on a proposed issue of revenue bonds of the City under the Municipal Industrial Development Act, on behalf of Altru Health System. The Mayor stated that all persons present who wished to be heard with respect to the proposed bonds and the project to be financed thereby would now be heard, whereupon the following persons appeared and expressed the view summarized opposite their respective names:

Dwight Thompson, chief financial officer for Altru Health System appeared to answer any questions.

There being no other persons present expressing a desire to be heard, the Mayor announced the hearing was closed.

Council Member Hamerlik than introduced the following resolution and moved its adoption: and motion was seconded by Council Member Brooks: Document No. 7693.1- Resolution.

Upon roll call vote the following voted “aye”; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none.

HOLD PUBLIC HEARING AND APPROVE 1999 CDBG
FUNDING FOR NON-PROFITS

The deputy city auditor presented the matter of the public hearing on the 1999 Community Development Block Grant non-profit applications, and allocation of funding.

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

John O’Leary, director of Urban Development, reported that procedures were changed this year, that from 1996 to 1999 there was not a meeting of the citizens advisory committee, that they discussed this with the Urban Development Committee and went with the process to seek out applications and send application forms out to all the non-profits that were involved, put ads in the paper and had the individual applicants address their concerns and requests for funding. He stated if it’s the council’s wishes they can reactivate the advisory committee. Council Member Brooks stated he thought they needed citizen input, that they heard the applications and made recommendations to Urban Development and need citizen input as part of the government process.

Committee No. 4, Urban Development, reported having considered the matter of amendment for 1999 CDBG funding for non-profits, and recommended that we adopt the funding for CDBG non-profit applications following staff recommendations on the attachment: Carryover, Human Needs: YMCA Little Brother/Little Sister, $2,230; RRV Community Action Rent Deposit, $7,000; GF Food Cupboard Rent/Utilities, $14,000; Mountainbrooke Employment, $5,000; Salvation Army Wm. Booth, $4,000; Mayor’s Comm/Employment, $2,000 for a total of $34,230; CDBG Public Service: Listen Operational, $27,500; Third Street Clinic, $10,000; CVIC Operational, $60,000; Entrepreneur Training, $10,000; Dakota Science Center, $7,000; GFHA Technology, $6,000; City Homeownership Counseling, $10,000; City Adolescent Work, $20,000, for a total of $150,500; CDBG Bricks/Mortar: Red River Valley Habitat for Humanity, $20,000; Grand Forks Senior Citizens Association, $21,500; City of Grand Forks, Urban Development (park development and tree screening), $250,000; City of Grand Forks, Urban Development (LMI Homeownership Assistance for Congressional), $350,000; Café Kosmos (mentoring special needs kids), $10,000, for a total of $651,500. for a grand total of $836,230.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING BUILDING TO 405 SOUTH 5TH STREET

The deputy city auditor reported that the notice of public hearing on the application by David T. Burris to move a building from 309 South 5th Street to 405 South 5th Street to be used as a single family dwelling, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application to move dwelling from 309 South 5th Street to 405 South 5th Street by David T. Burris, and recommended that we approve the application for moving permit subject to the public hearing.

It was moved by Council Member Babinchak and seconded by Council Member Lunak that this recommendation be and is hereby approved, and further that Mr. Burris be and is hereby authorized to move the building subject to meeting conditions established. Carried 11 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 610 CHESTNUT STREET

The deputy city auditor reported that the notice of public hearing on the application by EAPC for Urban Development Office to move a building from 1406 Lewis Blvd. to 610 Chestnut Street to be used as a two-car garage, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application to move building from 1406 Lewis Blvd. to 610 Chestnut Street (two-car garage), and recommended that we approve application for moving permit subject to the public hearing.

It was moved by Council Member Babinchak and seconded by Council Member Lunak that this recommendation be and is hereby approved, and further that Urban Development is hereby authorized to move the building subject to meeting conditions established. Carried 11 votes affirmative.

CONTINUE PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE BUILDING FROM 201
SOUTH 3RD STREET TO 307 DIVISION AVENUE

The deputy city auditor reported that the notice of public hearing on the application by EAPC for Urban Development to move a building from 201 South 3rd Street to 307 Division Avenue to be used as a commercial building, had been published and posted as required.

Committee No. 3, Public Service, reported having considered the application to move building from 201 South 3rd Street to 307 Division Avenue, commercial building, and recommended that we approve the application for moving permit subject to the public hearing.

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

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

Arnold Phillips, Forx Radiator, 303 Division Avenue, stated he owns the property adjacent to the at 307 Division Avenue, and owns property behind it at 308 South 3rd Street and the two parking lots. He stated he’s been trying to acquire this lot ever since the flood and would like the City to consider the best use of this property. He stated he has been talking with Gary Christianson, Urban Development, and that he had been told property would be sold at public auction or sold to one of the previous landowners around there.

Peg O’Leary, Historic Preservation Commission, reported that the building in question is a “boom town” property that is currently at 201 South 3rd Street, and one of the things that needs to happen to keep those old building viable when they move them and when mitigating other properties is that they stay in the same neighborhood, neighborhood similar in age and in kind to the one they’re in, that it stays in a commercial neighborhood, and to maintain the viability of the old building, they need to be rehabbed in a way where they can be reoccupied and used and need to be in a location that’s amenable to that kind of use. She stated that the Commission did approve this as a good location for this property.

John O’Leary, Urban Development, reported they are doing this as they have a Memorandum of Understanding with the State Historical Society which the City has made a commitment to try to save this structure, that State has signed off on the demolition of a number of buildings on South 3rd Street as well as Kittson and a number of other sites; that this is an old building but it has unique architecture, that the State has asked that they not to try to move that building into an area with dissimilar uses and architecture. He stated that the best way to save old buildings is to try to find a use for them so the new owner can establish a business in them and reinvest their own capital, etc.; and criteria was that they try to look at a lot that the City already owns.

Council Member Bakken asked if there was another location they could use for this building. Mr. O’Leary stated they looked at other sites, that County parking ramp will be between Bruce and Division, no room on east side of 3rd Street because of the dike alignment.

It was moved by Council Member Babinchak and seconded by Council Member Lunak to continue the public hearing on this matter until a report comes back from the Urban Development Committee. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 564, PROJECT NO. 4807

The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No.564, Project No. 4807, paving South Washington Street from 40th to 47th Avenues South, had expired on March 26, 1999. and that their office had not received any written protests.

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

It was moved by Council Member Klave and seconded by Council Member Bakken that we do hereby find and determine an insufficiency of protests against Paving Improvement District No. 564, Project No. 4807. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Klave and seconded by Council Member Polovitz that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 11 votes affirmative.

Public Service Committee:
1) matter of parking regulations on UND campus streets re. street cleaning.

Urban Development Committee:
1) matter of status report for work force assistance program.
2) matter of storefront bids, 2 and 4 South 3rd Street.
3) matter of salvage policy for Phase 1A and IV properties
4) matter of Mortenson change orders
5) matter of request for review of property at 307 Division Avenue for relocation of building.

REPORTS OF OFFICERS

The city auditor’s portfolio management for the period ending March 31, 1999 was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-05 dated April 5, 1999 in the amount of $3,085,779.01, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik 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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik moved to dispense with reading of the recommendations of items of each of the committees unless an item is pulled and unless minutes of the committees have not reached council members by Friday following tonight’s meeting. The motion was seconded by Council Member Martinson. Carried 11 votes affirmative.

CONSIDER MATTER OF REQUEST TO PURCHASE CITY
PARKING LOT AT 209-211 NORTH 5TH STREET

Committee No. 1, Finance, reported having considered the request from Braths to purchase the parking lot at 209-211 North 5th Street, and recommended that we not sell the North 5th Street and 2nd Avenue North parking lot at this time until we follow up with the Historical Society and receive their findings in order to determine the feasibility of a North 4th Street parking lot; and in addition, if it is decided to sell the North 5th Street and 2nd Avenue North parking lot, we will publicly announce the availability and take public bids.

It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.

RECEIVE AND FILE STATEMENT FOR ARCHITECTURAL
SERVICES FOR COUNTY PARKING RAMP

Committee No. 1, Finance, reported having considered the matter of statement for architectural services associated with the proposed parking ramp for Grand Forks County, and recommended that we receive and file.

It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.


AUTHORIZE CALLING FOR RFP FOR CITY TRAVEL
SUBJECT TO REVIEW BY THE ATTORNEY AND STAFF

Committee No. 1, Finance, reported having considered the matter of travel agency RFP and recommended that we call for an RFP for the City of Grand Forks travel, subject to review by the city attorney and to be determined by staff.

It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for amendment of the Municipal Court budget in the amount of $18,000.00 to cover expenses for hiring a temporary/part-time clerk was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

EXTEND BOARD OF EQUALIZATION MEETING TO
MAY 17, 1999

Committee No. 1, Finance, reported having considered the matter re. extending Board of Equalization, and recommended that the Board of Equalization be extended to May 17 at 7:00 p.m. after we comply with the law and meet on April 13.

It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE NEGOTIATIONS WITH URA CONSULTANT

Committee No. 1, Finance, reported having considered the matter of selection of URA consultant, and recommended to authorize to negotiate with Evergreen Land Company.

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

Mr. Swanson, city attorney, reported that the council had authorized a selection committee comprised of Council Member Bouley, Brenda Johnson, Ken Vein and himself, that after receipt of proposals from firms interviewed it was vast consensus that they enter into negotiations with Evergreen Land Company, Minnitonka, MN, which is highly recommended, and the finance committee tonight concurred with the selection committee’s recommendation. He stated if they were unable to reach an agreement with Evergreen Land Company the next firm is Conworth, Inc. of Minneapolis and would begin negotiating with that firm.

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

AUTHORIZE ENTERING INTO PURCHASE AGREEMENT
WITH PROPERTY OWNER AT 219 HUGHES COURT

Committee No. 1, Finance, reported having considered the matter of purchase of Phase IV properties, and recommended that we grant exception and authorize entering into purchase agreement with property owner at 219 Hughes Court.

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

Mr. Swanson reported this matter involves a house on Hughes Court, that the City made an offer in December to purchase the house but the property was involved in a divorce and the Court ruled the last part of March as to the ownership or who would be granted the ownership of the house, that the individual receiving that grant has now indicated they would like to accept the City’s offer and that appears to be an appropriate circumstance to waive the March 1 deadline and authorize entering into a purchase agreement with the property owner contingent upon closing upon any deadline imposed by the City; and that was recommendation of the finance committee.

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

APPROVE VARIANCE TO NOISE ORDINANCE AS
REQUESTED BY SIGMA CHI FRATERNITY

Committee No. 2, Public Safety, reported having considered the request from Sigma Chi Fraternity for variance to the noise ordinance on April 16, 1999 from 8:00 p.m. to 12:00 p.m., and recommended to grant request providing clearance by the police department.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE BID PACKAGE FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the bids for mosquito control items: chemicals, and recommended to approve the bid package from Van Diest Supply Company using 1998 bid prices.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 2, Public Safety, reported having considered the bids for mosquito control items: vehicles, and recommended that we approve leasing an ATV from Acme Electric at $450/mo.; and approve leasing two pickups from Rydell Chevrolet at $400/mo. each for mosquito control program.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 2, Public Safety, reported having considered the bids for ULV sprayer, and recommended to approve purchase of the ULV sprayer from Van Diest Supply Company in the amount of $8,215.00.

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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENEMDNTS

A request for amendment to the Communicable Disease budget in the amount of $29,069 to include unexpended funds in 1998 budget, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 11 votes affirmative.

A request for amendment to the Knight Foundation Grant budget in the amount of $5,629 to include unexpended funds in 1998 budget, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 11 votes affirmative.

A request for amendment to the Police Department budget in the amount of $993.48 to reflect interest from block grants into individual grant categories, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 11 votes affirmative.

A request for amendment to the Police Department budget in the amount of $18,165 to reflect grant funds for purchase of a LIDAR radar unit and speed-monitoring radar trailer, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 11 votes affirmative.

RECOMMEND REVIEW OF COMMUNICATIONS RE.
RETAILERS TOBACCO LICENSE

Committee No. 2, Public Safety, reported having considered the communication from Dusterhoft Oil, Inc. re. retailers tobacco license, and recommended review by the city attorney’s office on grouping licenses in i.e., convenience stores, service stations, etc. working n conjunction with health, fire, police and finance departments.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 11 votes affirmative.

REFER MATTER OF ALCOHOLIC BEVERAGE LICENSE
FOR FAIRGOUNDS BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the application for Class 6 (Fairgrounds Beer and Wine) license for year ending December 31, 1999, and recommended to approve the application for license subject to approval by required departments.

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

Council Members Bakken and Bouley asked to send this matter back to committee for further consideration.

AUTHORIZE ENTERING INTO AGREEMENT FOR
EVALUATION OF PUBLIC VS. PRIVATE OPERATIONS
OF THE WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement with Malcolm Pirnie of Preliminary phase services evaluation of public vs. private operations of the wastewater treatment plant, and recommended to authorize entering into an agreement with Malcolm Pirnie, Inc. in an amount not to exceed $10,000.

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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for amendment of the Stormwater Utility budget in the amount of $20,000 to fund stormwater study was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this amendment be approved. Carried 11 votes affirmative.

A request for amendment of the Water Treatment Plant budget in the amount of $10,810 to replace control valves on four vertical turbine high service pumps, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this amendment be approved. Carried 11 votes affirmative.

AUTHORIZE ENGINEERING DEPARTMENT TO PREPARE
PLANS AND SPECIFICATIONS FOR UTILITIES TO SERVICE
SOUTHEND FIRE STATION

Committee No. 3, Public Service, reported having considered the matter of paving and utilities for southend fire station, and recommended to authorize city engineering department to prepare plans and specifications for the utilities.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE AMENDMENT OF THREE-WAY AGREEMENT
FOR PROJECT NO. 4747 TO INCLUDE WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of amending three-way agreement for Project No.4747, watermain on South 42nd Street from 32nd Avenue to 800 feet south, and recommended to amend the three-way agreement with Cummins Diesel to extend the agreement for installation of watermain.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE AMENDMENT NO. 3 TO ENGINEERING
AGREEMENT FOR PROJECT NO.4980, DOWNTOWN
STREETSCAPE PROJECT (CDBG)

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3 (design engineering) with Advanced Engineering for Project No. 4980, Downtown Streetscape Project (CDBG), and recommended to approve Amendment No. 3, to the engineering agreement for the project in the amount of $134,285, 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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, SEWER PROJECT NO. 4991, DISTRICT
NO. 402

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 4991, District No. 402, sanitary sewer in South Pines Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7694 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 4991, DISTRICT NO. 402

The deputy city auditor presented and read the engineer’s report on Sewer Project No. 4991, District No. 402: Document No. 7695 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4991,
DISTRICT NO. 402

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7696 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, WATERMAIN PROJECT NO. 4992,
DISTRICT NO. 267

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Watermain Project No. 4992, District No. 267, watermain in South Pines Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7697 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4992, DISTRICT NO. 267

The deputy city auditor presented and read the engineer’s report on Watermain Project No. 4992, District No. 267: Document No. 7698 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4992,
DISTRICT NO. 267

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7699 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, SEWER PROJECT NO. 4993, DISTRICT
NO. 403

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 4993, District No. 403, storm sewer in South Pines Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7700 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, SEWER PROJECT NO.
4993, DISTRICT NO. 403

The deputy city auditor presented and read the engineer’s report on Sewer Project No. 4993, District No. 403: Document No. 7701 - Report.

It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4993,
DISTRICT NO. 403

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7702 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4924, STORM SEWER ON COLUMBIA ROAD
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No.4924, storm sewer on Columbia road from 40th to 51st Avenue (CDBG), and recommended to approve plans and specifications, and authorization to call for bids, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR STORM
SEWER PROJECT NO. 4875

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4875, storm sewer on Columbia Road from 40th to 51st Avenue (CDBG), and recommended to approve plans and specifications and authorization to call for bids, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR WATERMAIN
PROJECT NO. 4878

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4878, watermain on South Columbia Road from 36th to 47th Avenue (CDBG), and recommended to approve plans and specifications, and authorization for call for bids, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
WATERMAIN PROJECT NO. 4881

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4881, watermain on 47th Avenue South from Columbia to 20th Street, (CDBG), and recommended to approve plans and specifications, and authorization for call for bids, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR SEWER
PROJECT NO. 4925

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4925, storm sewer on 47th Avenue South from Columbia to 20th Street, (CDBG), and recommended to approve plans and specifications and authorization for call for bids, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4969, PHASE II DOWNTOWN WATERMAIN
REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects; Project No.4969, Phase II Downtown Watermain Replacement (CDBG), and recommended to approve plans and specifications and to authorize call for bids, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4806, MILL ROAD REHABILITATION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4806, Mill road Rehabilitation (CDBG), and recommended to approve plans and specifications and submit to the North Dakota Department of Transportation, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ACCEPT BID FOR PROJECT NO. 4968, BOTTLENECK
WATERMAIN REPLACEMENT PROJECT

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for various projects: Project No. 4968, bottleneck watermain replacement on 28th Avenue South and Washington Street (CDBG), and recommended to accept the low bid of Schipper Construction, Inc. in the amount of $46,480.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4839, DISTRICT NO. 264

The deputy city auditor presented and read tabulation of bids which had been received and opened on Monday, March 22, 1999 for Watermain Project No. 4839, District No. 264, watermain on South 20th Street from 40th to 47th Avenues South, indicating that United Crane & Excavating, Inc. was the low bidder based upon their bid in the amount of $94,221.00: Document No. 7702.1 - Tabulation of bids.

The city engineer’s estimate of total cost on Watermain Project No. 4839, District No. 264, in the amount of $130,300.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No.4839, District No. 264, watermain on South 20th Street from 40th Avenue South to 47th Avenue South, and recommended that we accept the low bid of United Crane & Excavating, Inc. in the amount of $94,221.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7702.2 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Watermain Project No. 4839, District No. 264, to United Crane & Excavating, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4919, DISTRICT NO. 265

The deputy city auditor presented and read tabulation of bids which had been received and opened on Monday, March 22, 1999 for Watermain Project No. 4919, District No. 265, watermain on 45th Avenue South from South 20th to South25th Street, and on South 25th Street from 45th to 47th Avenues South, indicating that United Crane & Excavation, Inc. was the low bidder based upon their bid in the amount of $64,490.00: Document No. 7702.3 - Tabulation of bids.

The city engineer’s estimate of total cost on Watermain Project No. 4919, District No. 265, in the amount of $82,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No.4919, District No. 265, watermain on 45th Avenue South from South 20th to South 25th Street, and on South 25th Street from 45th Avenue South to 47th Avenue South, and recommended that we accept the low bid of United Crane & Excavating, Inc. in the amount of $64,490.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7702.4 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Watermain Project No. 4919, District No. 265, to United Crane & Excavating, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.


RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER
PROJECT NO. 4939, DISTRICT NO. 401

The deputy city auditor presented and read tabulation of bids which had been received and opened on Monday, March 22, 1999 for Sewer Project No. 4939, District No. 401, storm sewer on storm sewer on 45th Avenue South from South 20th to South 25th Street, and on South 20th and South 25th Streets from 45th Avenue South to 47th Avenue South, indicating that United Crane & Excavating, Inc. was the low bidder based upon their bid in the amount of $159,177.25: Document No. 7702.5 - Tabulation of bids.

The city engineer’s estimate of total cost on Sewer Project No. 4939, District No. 401, in the amount of $202,200.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No.4939, District No. 401, storm sewer on 45th Avenue South from South 20th to South 25th Streets, and on South 20th and South 25th Streets from 45th to 47th Avenue South, and recommended that we accept the low bid of United Crane & Excavating, Inc. in the amount of $159,177.25.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7702.6 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4939, District No. 401, to United Crane & Excavating, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

ACCEPT LOW BID FOR SEWER PROJECT NO. 4845

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4845, storm sewer on South 34th Street and Ruemmele Road from 32nd Avenue South to 40th Avenue South (CDBG, and recommended that we accept the low bid of Dakota Underground in the amount of $331,445.00.

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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.

ACCEPT LOW BID FOR SEWER PROJECT NO. 4894

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4894, sanitary sewer on South 20th street from 36th to 40th Avenues South, and on 36th Avenue South from South 20th to South 25th Streets, CDBG, and recommended to accept the low bid of S. J. Louis Construction, Inc. in the amount of $192,730.00.
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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.

APPROVE CHANGE ORDER FOR PROJECT NO. 4768,
STORM PUMP STATION 84

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4768, Storm Pump Station 84 (6th Avenue North and North 55th Street), CDBG, Wanzek Construction, Inc., contractor, $4,065.25, and recommended to approve the change order in the amount of $4,065.25.

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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4687,
SEWER CLEANING AND TELEVISION

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4687, sewer cleaning and televising Change Order #8, CDBG, Viking Pipe Services, Inc., $735,000, and recommended to approve the change order in the amount of $735,000.

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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT PROPOSAL FOR APPRAISALS FOR R/W
ACQUISITION ON SOUTH 42ND STREET PROJECT

Committee No. 3, Public Service, reported having considered the matter of appraisals for R/W acquisition on South 42nd Street from 17th to 29th Avenues South, and recommended to accept the proposal of Johnson Appraisers in the amount of $12,500 for appraisal of right of way acquisition, with proposals to be made within sixty days of authorization.

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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE MODIFICATION OF ENGINEERING SERVICES
CONTRACT FOR WATER INTAKE PROJECT

Committee No. 3, Public Service, reported having considered the matter of modification of engineering services contract with Shannon and Wilson for water intake project, and recommended to approve change order for additional services in the amount of $13,300.00 for corrosion tests for water and soils, and additional borings at the banks of the Red River and the Red Lake River.

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, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ALLOW VARIANCE TO NOISE ORDINANCE FOR
SEWER RESTORATION PROJECT

Committee No. 3, Public Service, reported having considered the matter of variance to noise ordinance for sewer restoration projects (Webster, Foster and Weston), and recommended to allow variance if the contractor makes an effort to notify people who are affected.

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

Tom Hanson, Webster, Foster & Weston, reviewed the process they are using for repair of the sewers that were damaged by the flood which involves building a new pipe inside the existing pipe without excavation, but the problem they run into on the larger diameter pipes is that the process takes more time than can get accomplished in a normal workday, and having to run heaters to finish curing pipe late at night. He stated there is some noise (about 85-87 decibels) and alternate to this is to have their street torn up for one and one-half to three weeks to do the repair work; and feel the inconvenience to the noise for one night where large diameter pipes are, is well worth the trade-off of disruption of streets during excavation.

Don Shields, Health Department, stated that his department does not object to this, and thinks it’s a very cost effective technique, and wanted to advise them that the noise associated with this operation (at 86 decibels) and wanted council to be aware of that and that is a trade-off being made for costs and excavations, and that even though the citizens may complain, the noise level they are looking at here is akin to the raceway of Friday nights.

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

SELECT ARCHITECT/ENGINEER AND CONSTRUC-
TION MANAGEMENT FIRMS FOR RELOCATION
OF HISTORIC HOUSES

Committee No. 4, Urban Development, reported having considered the matter of selection of architect/engineer and construction management firms for relocation of historic homes, and recommended that we approve the selection of Schoen Associates for A/E and construction management for the relocation of historic homes and establish a committee to undertake contract negotiations.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE ACQUISITION OF 213 SOUTH 3RD STREET
Committee No. 4, Urban Development, reported having considered the matter of acquisition of 213 South 3rd Street, and recommended that we offer $100.00 to First National Bank for the purchase of Lot 12 behind 213 South 3rd Street.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR MOWING CITY PROPERTY

Committee No. 4, Urban Development, reported having considered the matter of awarding mowing bids, and recommended to award to the low bidders, Kalenze, Shane, Dakota Maintenance, Quality Lawn Care and Holien as highlighted on the listing for wet and dry side areas, and approval to award to the low bidders, Dakota Maintenance, Sunshine Lawncare and Shane for properties owned preflood.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE 1998 PERFORMANCE REPORT

Committee No. 4, Urban Development, reported having considered the matter of approval of 1998 performance report, and recommended approval of the 1998 Consolidated Plan Performance Report.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ALLOCATION OF BEAUTIFICATION FUNDS

Committee No. 4, Urban Development, reported having considered the matter of beautification funds, and recommended approval of the beautification list for 1999: Tree Planting, DeMers Ave,I-29, $9,805.00; Beautification-alley Empire/Lander, $15,000; Industrial Park trees, $3,500; Senior Citizens landscaping, $1,000; Adopt an Area Program, $5,916.03; Gateway Drive west tree planting, $3,200.25; West 32nd Ave.'s. tree planting, $3,000; CBDA, City Hall art, $2,500; Historic pavers/Downtown side, $3,833; Grand Forks Homes, elderly park, $1,500; GF beautification, spring cleanup, $800; OUD, Sorlie Bridge flags, $2,000; UD Royce LaGrave Park, $496.77; Ishim Park flag pole, $3,655.25; Litter/adopt a street, $502.31; DeMers overpass/original marketplace, $10,425.66; University Avenue brick and planters, $4,000; Industrial Park sign, $5,059.84; landscape crew, Auditorium, $7,048.00; GF Chamber of Commerce landscaping, $24,845.57; and Contingencies, $111,541.47; for a total of $219,629.15.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.


ACCEPT PROPOSAL FOR SALE OF ON-SITE PROPERTY
AT 406 18TH AVENUE SOUTH

Committee No. 4, Urban Development, reported having considered the matter of review and selection of RFP’s for private sale on-site properties at 406 18th Avenue South, and recommended that we accept the Bell proposal for the private sale of the on-site property at 406 18th Avenue South.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGES TO COMMERCIAL REHAB
GRANT APPLICATIONS FOR LTD. PROPERTIES AND
DACOTAH BUILDING, INC.

Committee No. 4, Urban Development, reported having considered the matter of changes to commercial rehab grant applications for Ltd. Properties and Dacotah Building, inc., and recommended we approve the change in clients to the commercial rehab grant application for LTD Properties and Dacotah Building, Inc.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE COMPLETION DATES FOR COMMERCIAL
REHAB GRANT APPLICATIONS

Committee No. 4, Urban Development, reported having considered the matter of completion deadline for commercial rehab grant applications, and recommended that we approve the completion dates of July 30 and September 30, 1999 respectively as listed: July 30, 1999 - Tiger Management at 311 DeMers; LTD Properties, 9 North 3rd Street; St. John’s Block, 2 North 3rd Street; Lyons Auto Supply, 210 and 214 North 4th Street; (Bremer) First American Bank at 200 1st Avenue North; Phoenix Properties at 201 North 3rd Street; and GLS Limited Partnership at 23 North 3rd Street; and September 30, 1999: for any special grant for the St. John’s Annex as previously authorized by the council.

It was moved by Council Member Polovitz and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AWARD UNDERGROUND MECHANICAL CONTRACT

The Events Center Core Committee reported having considered the matter of award of underground mechanical contract, contract category #10, and recommended that we accept Associated Plumbing as the low bidder for the underground mechanical work, contract category #10, for $128,339 and award them the contract.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD BIDS FOR MOVEABLE SEATING PLATFORMS

The Events Center Core Committee reported having considered the matter of award of moveable seating platforms, Contract Category #11, and recommended that we award the contract for the moveable seating platforms for The Aurora to Herk Edwards for $1,278,550.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE SITE ELECTRICAL CONTRACT

The Events Center Core Committee reported having considered the matter of award of site electrical contract, Contract Category#25, and recommended that we award the contract for the site electrical work on The Aurora to Nodak for $554,000.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

REPORT ON CONTRACT ISSUE NOTIFICATIONS

The deputy city auditor presented the listing of change orders that were approved at the March 31, 1999 Core Committee meeting:

CIN#131.05: to erect additional gutter support steel on Havens Steel’s contract of $36,284.
CIN #131.06: erection portion of the gutter liner and large rain gutters on the edge of the building for an add of $48,128 to Havens contract.
CIN #131.07: addition to Havens contract for erection of moment connections, $62,574.
CIN #148.02: addition to ICS contract for anchor bolts at grids O and 27.5 for $1,785.

APPROVE UND CONTRACT

The Bus Committee reported having considered the matter of contract with University of North Dakota for bus service and recommended approval.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CONTRACT WITH EAST GRAND FORKS

The Bus Committee reported having considered the matter of the contract with the City of East Grand Forks, MN for bus service and recommended approval.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE EXTENSION OF EMPLOYMENT CONTRACTS

The Flood Protection Committee reported having considered the matter of extension of contracts, and recommended renewal of the accountant and executive administrative assistant positions in Finance and a network administrator/web master position in the IS Department.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ESTABLISH JULY 1, 1999 AS CLOSING DATE ON
OUTSTANDING PURCHASE AGREEMENTS AND APPEALS
IN VOLUNTARY BUYOUT

The Flood Protection Committee reported having considered the matter of voluntary buyout closing date, and recommended that July 1, 1999 be established as the closing date on all of the outstanding purchase agreements and appeals and if they are not closed at that time the offer would be withdrawn.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTH0RIZE FLOOD MITIGATION PROJECTS

The Flood Protection Committee reported having considered the matter of authorization for flood mitigation projects, and recommended authorization for Public Works to start engineering design, environmental reviews and advertising for flood mitigation projects with $30,000 from the CDBG administrative budget.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Bakken, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE IMPLEMENTATION OF NEW FEMA POLICY
AS IT RELATES TO DUPLICATION OF BENEFITS
WITH REGARD TO SELF CLEANUP

The Flood Protection Committee reported having considered the matter of whether City should consider change in policy as made by FEMA in releasing amendment to duplication of benefit policy with regard to self cleanup, and recommended implementation of the new FEMA policy as it relates to duplication of benefits with regard to self cleanup.
It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS
WITH BARR ENGINEERING TO DETERMINE COST OF
SOUTHEND ALIGNMENT STUDY, PROJECT NO. 4946

The Flood Protection Committee reported having considered the matter of engineer selection for Southend Alignment Study, Project No. 4946, and recommended authorization for engineering staff to enter into negotiations with Barr Engineering to determine cost for the Southend Alignment Study, Project No. 4946.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE APPOINTMENT TO PENSION COMMITTEE

Mayor Owens announced the appointment of Vince Liddy, fire department, as the employee representative to the pension committee for a three-year term expiring in April 2002. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this appointment be and is hereby approved. Carried 11 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The deputy city auditor presented and read the following estimate summaries for various projects: CDBG estimates in the amount of $6,154.00 and $186,199.18; monthly estimates in the amount of $3,622,363.07; and flood estimates in the amount of $1,009,900.67.

It was moved by Council Bakken 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 roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Babinchak, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

REFER MATTER OF RESOLUTION RE. ESTABLISHMENT
OF GOVERNMENT STRUCTURE ADVISORY COMMITTEE
TO URBAN DEVELOPMENT COMMITTEE

Council Member Carpenter stated they do need to discuss this matter and move it to a resolution, and that Council Member Glassheim has placed on their desks some potential amendments to the resolution. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this matter be referred to the Urban Development Committee. Carried 11 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 Martinson asked what the status of the southend drainway special assessment situation was. Mr. Swanson stated he is preparing a memorandum to the mayor and to the council based upon the threat of litigation and he will give them his analysis and interpretation of the situation.
2) Council Member Lunak questioned status of homes to be torn down because of flood damage in Riverside. Mr. Swanson reported he found a general inquiry re. the homes and found that after review that some of the houses being complained about are not owned by the City, others are involved in historic mitigation and some of the others haven’t been determined to be damaged to the extent of requiring demolition. He stated he has spoken with some of the neighbors and if they have a particular property make us aware of the property and we will inspect it again and make a determination but without more specificity it would be hard. He stated that if the City doesn’t own the property, going to have a difficult time to demolish it without some fairly significant inspections. He stated that Urban Development is handling all of the contracts for demolition and would also have the listing as to whether it’s a home of historic significance. It was noted that there is a bid package for demolition on April 14 that includes 26 houses. Mr. Shields reported that all the houses that were abandoned within the city were reviewed for health, safety, inspections and fire, and those houses concerned about, action is being taken on, and not aware of houses that are condemned for health, fire or safety, and none outstanding as of today.

HEAR MATTER OF CONCERNS RE MIDA BOND
ISSUANCE TO ALTRU

Larry Aubol, representing First Choice Medical Complex, stated that an item under public hearings the City approved $27 million in bonds for Altru, and was concerned about the purpose of the bonds, that there was no discussion under the public hearing and asked for information. He stated there is a lot of turmoil at United and without that being a viable health facility in Grand Forks, their project will not be successful, that there are a lot of consultant’s reports out there now, and asked if council members had seen those reports. Mayor Owens reported that the bonding information is available in the city auditor’s office and he would be able to get a copy of that; that the public hearing has been closed. Mr. Swanson reviewed the procedure for MIDA bonds, the key is the public hearing, that they have held their public hearing and closed the public hearing, and that council gave preliminary authorization and that at this point the discussion is out of order.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Babinchak that we do now adjourn until Monday, April 19, 1999 at 7:30 o’clock p.m. Carried 11 votes affirmative.

Respectfully submitted,



Saroj Jerath
Deputy City Auditor

Approved:
_________________________________
Patricia A. Owens, Mayor