City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 3, 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, May 3, 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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

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

Mayor Owens introduced Mike Bjorge, sophomore at Red River High School, who has shadowed her for part of a day.

Mr. Jenson, Nodak Electric, stated he is here to represent the Grand Forks Chamber of Commerce Agri-Business Committee. He stated they had extended an invitation for an AG education forum about a month ago but due to flood issues and time commitments they had to postpone that, and now have rescheduled the forum for next Monday, May 10, at the Town House Restaurant from 11:30 to 1:00 p.m. He stated they were extending an invitation to all city council members, the mayor, department heads and will also be including the Park District, School Board, County Commissioners and Civil Service Commission. He stated the program will include information on area crops, prices, economics and demographics of our region, including tour to an area farm and new ag business.

Mayor Owens reported that they have a guest in the audience from New Zealand, that the Grand Forks Public Health Department is hosting a world health organization fellowship visit and Ms. Mara Andrews is here from May 3-7, 1999; that Ms. Andrews works for the Health Funding Authority as a senior Maori development manager and has chosen to visit our state, esp. Grand Forks, to learn more about public health in North Dakota and the Indian Health System. Mayor Owens welcomed her to our city. Ms. Andrews stated she’s had a wonderful welcome by the Public Health Department and presented a book “Magic of New Zealand” to the City showing what her country has to share.

FLOOD REPORT

Ken Vein, city engineer, briefly reviewed the Flood Report which had been distributed to the council members.

1. Technical Work Update:
A) Corps of Engineers - soil borings are being taken along various parts of the alignment, and will happen throughout the summer, in town and out of town; and Corps has hired contractors, both cultural resource contractor and an historical resources contractor who will be doing various evaluations along the alignment on impacted properties and soils. Lisa Hedin was here and has been working with City officials on getting together project cooperation agreement, that once they have the project funded through the federal government and appropriations in line they will need to enter into this project cooperation agreement and hope to have all negotiated before and ahead of time. He stated there was some discussion re. new alignments and Corps in working on some geotechnical areas and would be late summer before any new information is available on alignments, although they talked about June 1 being when they would finalize all the alignments along the entire project.
B) City consultant update - The public service committee will hear alternates on the temporary water treatment plant sludge handling facility, and also looking for new sites for the sanitary lift stations as a part of the project and Shannon and Wilson are finalizing their report on geotechnical solutions which will be available sometime in June. He stated that Barr Engineering has submitted their proposal for the southend alignments that will go to the County Commission on May 18 and then will be coming to the flood protection committee for review and approval.
2. Project Financing
A) Federal Appropriations Process)
B) State Appropriations Process) no new information on these items.
3. Acquisition - The proposed contract with Evergreen Land Services will be coming to the finance committee at their next meeting, that Evergreen was selected by the City to assist in the formal property acquisition process, specifically the relocation benefits available to residents.
4. Greenway - The Grand Forks Park District will be hosting a greenway event on Riverside Park on June 19-20, and many agencies and organizations will sponsor events and booths down by the Riverside which will correspond with the re-opening of Riverside Pool. He stated that the friends of the Greenway organization formed to channel non-government funds to the project will meet on June 2 at the East Grand Forks Chamber. He stated they’ve been working with National Wildlife Refuge and met with reps. of the Governor (State Engineer and people from the Health Department) about concerns they have with that type of an association.
5. Interim Flood Protection Plans - The city engineering staff is developing an interim flood protection plan to help protect the city from floods in the next several years until a permanent project is built; that they are looking at having construction bids for some of that to come in on May 10, engineering proposals were to be submitted today; one portion of that project , the Belmont Road raise, is already being looked at, the section from 13th to 17th Avenue. He stated there will be a meeting in city council chambers on Tuesday, May 4, for residents and council members or general public who want to hear about the proposals, the consultants have looked at five different alignments for a levee in that location, one right down Belmont Road, on the east side on the golf course, on the west side on primarily public right of way and those proposals would be presented tomorrow night, and the flood protection committee will meet on Thursday, May 6 at 5:00 p.m. to review what those alignments look like and information surrounding them, and possibly make a recommendation on how to proceed with that type of flood protection project.
6. Communication/Information Dissemination-Upcoming Meetings - He reviewed other meetings scheduled but not on the report: IJC International Joint Commission is having task force with Red River flooding and will meet in Grand Forks May 5, and on May 6 the International Flood & Mitigation Initiative is meeting in Mayville; and Red River Basin Board is meeting on May 7 in the council chambers. He stated that public service may be given power to act on the bids that would come in next Monday and is on the agenda for consideration, and if that approval is given they would have the contract in hand to start doing some of the work, esp. the removal of some of the clay on Belmont Road, still trying to make as much of this work CDBG eligible as possible and that’s why went through consultant selection process and enhanced bidding process and working with Urban Development on some of the CDBG guidelines that are necessary for the environmental clearances; and if this works together could be moving some of that dirt by early next week.

MATTER OF CONGRESSIONAL ADVISORY
COMMITTEE REPORT

Council Member Hafner reported that copies of the reports of the last two committee meetings with attachments of listing of the purchase agreements to date, 68 using the $10,000 incentive, 2 using the employer incentive and 14 are using the low to moderate income incentive were distributed to council members. He stated there are 84 offers to date and 11 purchased prior to the city council action which brings it to 95, and total of 14 closed out of the 95. He stated they also authorized the sale of the excess lots and that there’s a listing of those prices with the packet. He stated they also made the decision to meet every two weeks rather than every week. Joel Manske, Housing Authority, reported that staff was working on full RFP to send information out to the rest of private developers and until the committee meets at its next meeting, the final dissemination of that request for proposal is yet incomplete. Council Member Martinson asked for information on total advertising costs and firms. It was noted that RFP’s are due for project administrator on May 14, that committee will meet May 19 to give staff an opportunity to review them, that committee will review on May 19. Information.

POSTPONE SALE DATE ON $5,315,000 TAXABLE
CORPORATE CENTER BUILDING BONDS, SERIES 1999A

The city auditor reported that the council had held the public hearing on the matter of the $5,315,000 Taxable Corporate Center Building Bonds, Series 1999A, proceeds of the bonds along with EDA and CDBG grants will be used to finance the construction of a new five story, approximately 80,500 sq.ft. office building in the downtown area of the city, that the sale date was postponed until this evening, and asked council to postpone the sale date again to May 17, 1999 and that’s due to gathering information and getting offering statement out. It was moved by Council Member Babinchak and seconded by Council Member Beyer to postpone the sale date to May 17, 1999 at 7:30 p.m. Carried 14 votes affirmative.

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

The 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, construction of pavement on South Washington Street from 40th Avenue South to 47th Avenue South, had expired on March 25, 1999, and that he had received no written protests.

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

Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7733 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Martinson that we
do hereby find and determine an insufficiency of protests against Paving District No. 564, Project No. 4807, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

Council Member Hafner reported that the ND Department of Transportation has not selected the bidder and moved to concur in the award of the contract to the lowest and most responsible bidder as determined by the North Dakota Department of Transportation. The motion was seconded by Council Member Klave. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

POSTPONE PUBLIC HEARING ON APPLICATION
FOR MOVING PERMIT RE. PROPERTY AT 307 DIVISION
AVENUE TO MAY 17, 1999

The city auditor reported the matter of the public hearing on the application for moving permit re. property at 307 Division Avenue, that there has not been any action taken in Urban Development, and requested postponement on hearing to May 17, 1999. It was moved by Council Member Babinchak and seconded by Council Member Glassheim to postpone the public hearing on this matter to May 17, 1999. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor’s statement of investment activity for the period ending April 30, 1999 was presented and read. It was moved by Council Member Bakken and seconded by Council Member Hamerlik that this report be and is hereby received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City hall on Thursday, April 15, 1999, that notice had been published as required and that the following appeals were heard: 1) Gerald P. Lichter, 805 Campbell Drive, request for variance to impervious surface area and accessory building requirements to construct an addition to the existing detached garage, and variance approved to allow two feet of setback on the alley with eight feet of separation between the buildings to reconstruct the existing garage with an addition; 2) Dave Burris, 405 South 5th Street, request for variance to the front yard setback requirement to move a house to this property, and variance approved to allow 14 ft. of front yard setback; 3) Easter Seals, 204 Walnut Street, request for variance to the front yard setback requirement to reconstruct a porch on the house, and variance approved to allow ten ft. of front yard setback to reconstruct a deck/porch; 4) Alan Abraham, 3011 Chestnut Street, request for variance to the front yard setback requirement to build an addition to attached garage, and variance approved to allow twenty-six ft. of front yard setback to build an addition to the existing garage; 5) Martin and Bridget Schill, 1205 University Avenue, request for variance to the residential accessory building requirements to reconstruct a detached garage, and variance approved to allow one ft. of side yard setback with at least six inches clearance to the overhang of the roof to the property line to reconstruct a detached garage; and 6) John D. Schott and Patricia Scott on behalf of The Plainsman Motel, 2201 Gateway Drive, request for variance to the landscaping requirements to add parking, with request held.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-07, dated May 3, 1999, and totaling $2,218,199.62, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Beyer that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik moved to dispense with reading of the items and recommendations of the standing committees unless an item is pulled by a member of the council or someone in the audience or unless minutes of the committees were not included in packets to council members, or meeting was held after packets delivered. Council Member Bakken seconded the motion. Carried 14 votes affirmative.

CONSIDER MATTER OF USE TAX

Committee No. 1, Finance, reported having the matter of use tax, and recommended that we request the city attorney to draft a resolution setting forth the imposition of a use tax for consideration of that for amendment to the Home Rule Charter, ballot language and ordinance.

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

AUTHORIZE NEW POSITION IN FINANCE
DEPARTMENT, BUDGET SPECIALIST

Committee No. 1, Finance, reported having considered the matter of new position in finance department, budget specialist, and recommended to add the classified position of finance budget specialist.

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

DIRECT REVIEW OF CHANGES IN COUNCIL
PROCEDURES

Committee No. 1, Finance, reported having considered the matter of report on changes in council procedures, and recommended that we request Mr. Swanson, city attorney, to review the ordinances and prepare a draft of recommended changes for council meetings to include the elimination of reading all the committee recommendations and reports unless a council member or someone in the audience wishes an item to be pulled. In addition, any committee report where minutes were not included in the Friday packet as well as any meetings held just prior to the council meeting, would be pulled and read. It is intended that we review these recommendations at the next finance committee meeting.

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

APPROVE TRANSFER OF ALCOHOLIC BEVERAGE
LICENSE AT 4720 GATEWAY DRIVE, LONG HAUL
SALOON, L.L.P.

Committee No. 2, Public Safety, reported having considered the application for transfer of Class I alcoholic beverage license from Bradley A. Spicer dba The Long Haul Saloon to Long Haul Saloon, L.L.P. (Arch Simons), 4720 Gateway Drive, and recommended to approve transfer of the Class I license.

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

APPROVE APPLICATION FOR TAXI LICENSE BY
WAYNE WESTLING

Committee No. 2, Public Safety, reported having considered the application by Wayne Westling for taxi license, and recommended to approve the application for license contingent upon inspection of vehicle and filing of liability insurance.

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

ACCEPT BID FOR AUCTIONEER FOR POLICE
AUCTION

Committee No. 2, Public Safety, reported having considered the matter of bid for auctioneer for police auction, and recommended to accept the low bid of Dietrich Realty & Auction Co. in the amount of 6.95% of total gross amount proceeds.

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

ACCEPT BIDS FOR SOUTHSIDE FIRE STATION

Committee No. 2, Public Safety, reported having considered the bids for southside fire station, and recommended to accept the low bids: general contractor, Baukol Builders, Inc., $535,894.00; mechanical contractor, Custom Aire, Inc., $188,577.00; and electrical contractor, Hope Electric, $133,100.00, plus alternates, in the total amount of $989,768.00; refer to Urban Development Committee for additional CDBG funding; and subject to approval of the city council for CDBG funding for the rest of the project.

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

APPROVE REQUEST FOR WAIVER OF LIQUOR
LICENSE RENEWAL AND EXTEND FOR PERIOD
OF TWO YEARS

Committee No. 2, Public Safety, reported having considered the matter of McGuire’s Bar, 124 South 3rd Street, request for waiver of liquor license renewal fee and request to extend license for a period of five years from date of lapse, and recommended that we approve request for waiver of license renewal and extend license for period not to exceed two years.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE GRANT WITH CHILDREN’S SERVICES
COORDINATING COMMITTEE REGION IV

Committee No. 2, Public Safety, reported having considered the matter of grant between Health Department and Children’s Services Coordinator Committee Region IV, Abstinence Education Grant, and recommended to approve the grant agreement contingent upon final approval of the city attorney.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment by the Communicable Diseases, Abstinence Education Grant, (Health Department), in the amount of $12,987, to reflect Abstinence Education Grant Award from Region IV CSCC, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment by the Grand Forks Municipal Court in the amount of $8,000 from cash carryover to cover overtime for staff, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment by the Grand Forks Municipal Court in the amount of $2,000 from cash carryover to cover hiring of temporary part-time person, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment by the Health Department in the amount of $2,244.00 to reflect unanticipated income, CSCC Revenue, to cover county office move and related furniture/fixtures, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment by the Health Department in the amount of $11,000.00 from cash carryover to cover anticipated 1999 budget shortfalls and move related expenses, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE RELATING TO MOBILE
HOME TIE-DOWN CRITERIA

Committee No. 3, Public Service, reported having considered the matter of ordinance relating to mobile home tie-down criteria, and recommended to approve the changes, and to introduce the ordinance for first reading.
It was moved by Council Member Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Beyer introduced an ordinance entitled “An ordinance amending Section 18-0212(9)(F) of the Grand Forks City Code relating to mobile home tie-down criteria”, which was presented, read and passed on its first reading.

AUTHORIZE PURCHASE OF USED TRUCK FOR
WASTEWATER DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of request for authorization to call for bids for used 2.5 ton truck for wastewater department, and recommended to authorize wastewater to purchase a used 2.5 ton truck not to exceed $40,000.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and sanitary sewer easement for Sanitary Sewer Project No. 4894, south 20th Street between 36th and 40th Avenue South, for and in consideration of $700.00, Glen and Gloria Gransberg, grantor/lessor, and recommended to approve the easements.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement (2) and utility easement for Watermain Project No. 479 and Storm Sewer Project No. 4924, Ruemmele Road and South Columbia Road, for and in consideration of $1.00 and other good and valuable considerations, David J. Parker, Trustee, and recommended to approve the easements.

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

RECEIVE AND FILE MATTER OF REQUEST FOR
DISCLOSURE OF ABILITY OF OBTAINING FLOOD
INSURANCE RE. GARDEN LEVEL APARTMENTS

Committee No. 3, Public Service, reported having considered the matter of considering landowners that rent (garden level apartments) to disclose the ability of obtaining flood insurance, and matter of Building Code changes to not allow construction of uninsurable apartments, and recommended to receive and file.
It was moved by Council Member Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

DECLARE SCRAP METAL AT LANDFILL AS SURPLUS
AND OFFER FOR SALE

Committee No. 3, Public Service, reported having considered the matter of scrap metal and appliances at the landfill, and recommended to declare the scrap metal and appliances at the landfill as surplus, and to authorize sanitation department to take bids.

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

APPROVE CHANGE ORDER FOR WASTEWATER
TREATMENT PLANT PROCESS EQUIPMENT,
PROJECT No. 4371

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2 for BDT/LPH contract for Wastewater Treatment Plant process equipment, project No. 4371, and recommended to approve the change order in the amount of $98,600.

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

APPROVE PROJECT CONCEPT REPORT, PROJECT
NO. 4806

Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for Project No. 4806, paving Mill Road from Gateway Drive to Highway 81, and recommended to approve the Project Concept Report.

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

AUTHORIZE PROCEEDING IN EXPEDITED MANNER
FOR SOUTHEND INFRASTRUCTURE PROJECTS

Committee No. 3, Public Service, reported having considered the matter of accelerated time schedule for southend infrastructure projects, and recommended to proceed in expedited manner of those projects that are listed (Document No. 7734 - Listing), including change orders on the projects.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4928

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 10A, construction administration, Greater Forks Engineering Group, Project No. 4928, box culvert at 40th Avenue South and South 19th Street, CDBG, and recommended to approve Amendment No. 10A in the amount of $3,500.00.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4927

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 17, design, Greater Forks Engineering Group, Project No. 4927, sanitary sewer on 55th Avenue South from Columbia Road to Lift Station #40, CDBG, and recommended approval of Amendment No. 17 in the amount of $21,892.50, project CDBG eligible.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECTS NOS. 4882, 4923 AND 5026

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 18, design, Greater Forks Engineering Group, Projects Nos. 4882, 4923 and 5026, watermain on 62nd Avenue South from Columbia Road to Washington Street, watermain on 47th Avenue South from Washington Street to Belmont Road, and watermain on South Columbia Road from 47th to 62nd Avenues South, CDBG, and recommended approval of Amendment No. 18 in the amount of $67,000.00, project CDBG eligible.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 19, design, Greater Forks Engineering Group, Project No. 4886, paving South Columbia Road from 47th to 62nd Avenues South, CDBG, and recommended approval of Amendment No. 19 in the amount of $20,800.00.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4904

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 20, design, Greater Forks Engineering Group, Project No. 4904, sanitary sewer on 47th Avenue South from Cherry to 11th Street, CDBG, and recommended approval of Amendment No. 20 in the amount of $11,500.00, project CDBG eligible.

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

APPROVE ENGINEER’S REPORT, SEWER PROJECT
NO. 5017

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineering Report/creating special assessment district for Project No. 5017, sanitary sewer on 36th Avenue South and South 26th Street, and recommended to approve the project and the engineer’s report.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5018, DISTRICT NO. 269

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Watermain Project No. 5018, District No. 269, watermain on 36th Avenue South and South 26th Street, 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 detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lunak introduced the following resolution creating the assessment district, which was presented and read: Document No. 7735 - Resolution.

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

ACCEPT ENGINEER’S REPORT, WATERMAIN
PROJECT NO. 5018, DISTRICT NO. 269

The city auditor presented and read the engineer’s report on Watermain Project No. 5018, District No. 269: Document No. 7736 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 5018,
DISTRICT NO. 269

Council Member Lunak introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7737 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5005, DISTRICT NO. 567

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Paving Project No. 5005, District No. 567, paving Balsam Circle and 36th Avenue South from Balsam to 34th Street, 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 detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lunak introduced the following resolution creating the assessment district, which was presented and read: Document No. 7738 - Resolution.

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

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5005, DISTRICT NO. 567

The city auditor presented and read the engineer’s report on Paving Project No. 5005, District No. 567: Document No. 7739 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 5005, DISTRICT NO. 567

Council Member Lunak introduced the following resolution to of necessity, which was presented and read: Document No. 7740 - Resolution.

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

APPROVE ENGINEER’S REPORT, PROJECT NO.
4972, BOTTLENECK WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4972, bottleneck watermain replacement on 17th Avenue South from 34th to 35th Street, and recommended to approve the Engineer’s Report.

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

APPROVE ENGINEER’S REPORT, SEWER PROJECT
NO. 4926

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station #39, and recommended to approve the Engineer’s Report.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4841, OUTDOOR SIREN SYSTEM

Committee No. 3, Public Service, reported having considered the matter of Engineer’s Report for siren system for city, and recommended to approve the Engineer’s Report.

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

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4841, replace outdoor siren system, CDBG, and recommended to approve the plans and specifications for the project and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECTS NOS. 4844 AND 4929

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 4844 and 4929, storm sewer and watermain on South 20th Street from 36th to 40th Avenues South, CDBG, and recommended to approve plans and specifications and authorize call for bids for the project, project CDBG eligible.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5001, DISTRICT NO. 268

The city engineer’s estimate of total cost of the construction of watermain on 36th Avenue South from Columbia Road to South 30th Street, in the amount of $48,538.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project no. 5001, District No. 268, watermain on 36th Avenue South from Columbia Road to South 30th Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7741 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5004, DISTRICT NO. 405

The city engineer’s estimate of total cost of the construction of storm sewer on 36th Avenue South from Balsam Circle to South 34th Street in the amount of $65,462.25, was presented
and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5004, District No. 405, storm sewer on 36th Avenue South from Balsam Circle South 34th Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7742 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5006, DISTRICT NO. 127

The city engineer’s estimate of total cost of the construction of street lighting on Chestnut Street in the amount of $20,735.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project no. 5006, District No. 127, street lighting on Chestnut Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7743 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5007, DISTRICT NO. 128

The city engineer’s estimate of total cost of the construction of street lights in Johnson’s 4th Addition, in the amount of $53,097.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project no. 5007, District No. 128, street lights in Johnson’s 4th Addition, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7744 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5008, DISTRICT NO. 129

The city engineer’s estimate of total cost of the construction of street lights on Poplar Circle in the amount of $19,239.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5008, District No. 129, street lights on Poplar Circle, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7745 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5009, DISTRICT NO. 130

The city engineer’s estimate of total cost of the construction of street lights on North 51st Street, in the amount of $14,696.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project no. 5009, District No. 130, street lights on North 51st Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7746 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5011, DISTRICT NO. 131
The city engineer’s estimate of total cost of the construction of street lights on South Pines Court, in the amount of $11,242.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project no. 5011, District No. 131, street lights on South Pines Court, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7747 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5024, DISTRICT NO. 132

The city engineer’s estimate of total cost of the construction of street lights on 36th Avenue South from 30th Street to Columbia Road, in the amount of $12,155.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5024, District No. 132, street lights on 36th Avenue South from 30th Street to Columbia Road, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7748 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ACCEPT LOW BID FOR PROJECT NO. 4892, 1999
TRAFFIC SIGNAL LOOP REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4892, 1999 Traffic Signal Loop Replacement, CDBG, and recommended to accept the low bid of Fargo Electric in the amount of $27,890.00, project CDBG eligible.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4979, DISTRICT NO. 266

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 26, 1999 for Watermain Project No. 4979, District No. 266, watermain in Perkins 4th Addition, indicating that Dakota Underground Company, Inc. was low bidder based upon their bid in the amount of $232,175.00: Document No. 7749 - Bid Tabulation.

The city engineer’s estimate of total cost on Watermain Project No. 4979, District No. 266, in the amount of $295,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No., 4979, District No. 266, watermain in Perkins 4th Addition, and recommended to accept the low bid of Dakota Underground in the amount of $232,175.00.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7750 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution awarding the contract for Watermain Project No. 4979, District No. 266, to Dakota Underground Company, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.

ACCEPT LOW BID FOR PROJECT NO. 4969, PHASE
II DOWNTOWN WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4969, Phase II Downtown Watermain Replacement, CDBG, and recommended to accept the low bid of S. J. Louis Construction in the amount of $2,265,222.00, project CDBG eligible.

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

ACCEPT LOW BIDS FOR PROJECTS NOS. 4875,
4878, 4881, 4924 AND 4925

Committee No. 3, Public Service, reported having considered the matter of construction bids for
Projects Nos. 4875, 4878 and 4924, storm sewer on South Columbia Road from 40th to 48th Avenues South, watermain on South Columbia Road from 36th to 47th Avenues South, and storm sewer on South Columbia Road from 36th to 40th Avenues South, CDBG; and Projects Nos. 4881 and 4925, watermain and storm sewer on 47th Avenue South from Columbia Road to South 20th Street, CDBG, and recommended to accept the low bid of United Crane & Excavation, Inc. for Schedule C (combination of projects) in the amount of $978,767.25.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4719

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, restore sanitary sewers in Area 2, C.O. #5, CDBG, Lametti & Sons, Inc., contractor, and recommended to approve the change order in the amount of $13,689.32.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4860

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4860, restore storm sewers Area 2, C.O. #3, CDBG, Molstad Excavating, Inc., contractor, and recommended to approve the change order in the amount of $11,585.00.

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

GRANT TEMPORARY WAIVER OF NOISE ORDINANCE
DURING CONSTRUCTION OF PROJECT ON SOUTH
WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the request from Nodak Contracting for temporary waiver re. noise ordinance during construction on South Washington Street from 2600 block to 40th Avenue South, and recommended to grant a temporary waiver of the noise ordinance during construction of the project.

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

GRANT PUBLIC SERVICE COMMITTEE POWER TO
ACT AND AWARD CONTRACT ON FLOOD MITIGATION
PROJECT NO. 5015

Committee No. 3, Public Service, reported having considered the matter of request for power to act on flood mitigation projects, and recommended to grant Public Service Committee power to act on Project No. 5015, 1999-2000 Flood Mitigation, and to award contract directly out of committee.

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

After some discussion and upon call for the question, the motion carried 14 votes affirmative.

CONSIDER MATTER OF COST MATRIX TRANSFERS

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers: a) allocation of $8.7 million for Congressional I and II housing subdivision; b) unexpended business assistance funds; and c) general reallocation/cleanup; and recommended that a) approval of reallocation of $8,122,500 contingent upon engineering department review; b) approval that $61,000 returned from the business assistance loan program be put back into the matrix under contingencies; and c) approval of budget transfers into contingency, budget reallocations within the matrix and transfers within infrastructure projects.

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

Council Member Brooks questioned under b) if small businesses that appealed couldn’t be reviewed and perhaps some assistance to them. Council Member Beyer questioned how that money would be allocated. Council Member Brooks stated to delegate that authority to a committee to rehear appeals and making allocations. Council Member Beyer expressed concern in reopening the program, that Growth Fund Authority had put many hours into evaluating those businesses before recommendations came to council.

Upon call for the question on subsection b) and upon roll call vote, the following voted “aye”: Council Members Polovitz, Bouley, Glassheim, Carpenter, Klave, Beyer, Bakken, Hafner - 8; voting “nay”: Council Members Lucke, Hamerlik, Lunak, Babinchak, Martinson, Brooks - 6. Mayor Owens declared the motion carried.

Council Member Carpenter question under section c) that engineering brought up with flood mitigation projects that there hasn’t been any CDBG money allocated and they’ve identified some projects where the money could be put to use for the flood mitigation projects, ie., water system emergency repair, Red River Dam repair, boat ramp, southend infrastructure projects, CDBG contingency and flood mitigation projects, and since making changes and moving money in the matrix it would be appropriate to do that, but that CDBG contingency line item shouldn’t be included; and moved an amendment to the motion which would decrease Water System Emergency Repair by $270,000; Red River Dam Repair by $1,000,000; Boat Ramp by $80,000; and Southend Infrastructure projects by $1,000,000; and increase a new line item for Flood Mitigation Projects for $2,350,000. Council Member Hafner seconded the motion. Carried 14 votes affirmative.

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

CONSIDER RELOCATION VOUCHER POLICY

Committee No. 4, Urban Development, reported having considered the matter of change of voucher policy, and recommended denial of Galen Olson’s request for a change in voucher policy.

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

Council Member Brooks reported that Mr. Olson had lived in East Grand Forks and would like to see some consideration to the request. After considerable discussion Council Member Babinchak called for the question. Upon roll call the following voted “aye”: Council Members Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Polovitz - 9; voting “nay”: Council Members Lucke, Hamerlik, Lunak, Martinson, Brooks - 5. Mayor Owens declared the motion carried

Committee No. 4, Urban Development, reported having considered the matter of relocation voucher policy, and recommended to waive the requirement of repayment of the Relocation Voucher Grant for voucher program recipients who sell their flood replacement residence (for which they qualified for the relocation voucher) and purchase another residence in Grand Forks within the five-year time period; if the voucher recipient moves from a new home to an existing home, they would be required to repay the prorated difference between the $15,000 and $10,000 voucher; if the recipient moves from an existing home to a newly constructed home, they would not become eligible for an additional $5,000.

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

APPROVE VARIOUS PROPERTIES AS SURPLUS PROPERTY

Committee No. 4, Urban Development, reported having considered the matter of surplus properties, and recommended approval that the following properties be declared surplus and offered up for sale: 3016, 3133, 3201 and 3411 East Elmwood Drive; 2635 Olson Drive; 10 Fenton Avenue; 1824 North 4th Street; 701 North 24th Street (garage only); 106 49th Avenue South and 201 34th Avenue South.

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

CONSIDER REQUESTS FOR EXTENSION TO
RELOCATION VOUCHER

Committee No. 4, Urban Development, reported having considered the matter of requests for extension to relocation vouchers, and recommended that the following requests be held for a signed purchase agreement: Arnold Passa; Lana Rakow/Tony Stukel; and Gene/Bernice Goodman.

Committee No. 4, Urban Development, reported having considered the matter of requests for extension to relocation vouchers, and recommended approval for the following extensions: Rod Dahlstrom to May 15; Richard Gunderson to June 30; Travis Lockwood to June 30; and Donna Culbreath to June 15 contingent upon receipt of financing for this property only; Brian/Cheryl Kristjanson to October 1; Michael Cole to June 15; Bill Knipe to June 15; Kevin/Kerry Magnuson to May 15 and Bill/Helen Rath to June 30.

Committee No. 4, Urban Development, reported having considered the matter of requests for extension to relocation vouchers, and that the following requests be denied: Jeff/Cheryl Nelson, no purchase agreement or contract for builder; Melanie Hilde, no purchase agreement or contract for builder.

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

Council Member Glassheim moved to amend the motions to delete the request by Melanie Hilde and the request by Kevin/Kerry Magnuson be changed from May 15 to May 28. Carried 14 votes affirmative.

Upon call for the question on the original motions, as amended, and upon voice vote, the motion carried 14 votes affirmative.

APPROVE GRANT FROM CDBG ENTITLEMENT
FUNDS TO VICTORY PROGRAM FOR REHAB OF
501 CHERRY STREET

Committee No. 4, Urban Development, reported having considered the matter of 501 Cherry Street, and recommended approval to grant $15,000 from CDBG entitlement funds to the VICTORY program for the rehab of 501 Cherry Street.

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

APPOINT ALTERNATE MEMBER TO FEE
NEGOTIATION COMMITTEE FOR HISTORICAL HOME
RELOCATION PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of fee negotiation committee for Historical Home Relocation Program, and recommended that Council Member Glassheim be an alternate member of the fee negotiation committee for the Historical Home Relocation Program.

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

RECEIVE AND FILE REQUEST FROM RED RIVER
VALLEY COMMUNITY ACTION AGENCY FOR FUNDS

Committee No. 4, Urban Development, reported having considered the matter of request for funds from Red River Valley Community Action Agency, and recommended to receive and file.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.

EXTEND CONTRACT WITH LANDMARK CONTRACT
MANAGEMENT

The Events Center Core Committee reported having considered the matter of Landmark Contract Management’s contract, and recommended to extend the contract with Landmark Contract Management for four months, which would include an hourly basis thereafter.

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

REJECT BIDS FOR FIREPROOFING AND AUTHORIZE
STAFF TO REBID

The Events Center Core Committee reported having considered the matter of fireproofing bids, Contract Category #31, and recommended that we reject all bids and authorize staff to rebid.

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

SET DEADLINE FOR HOME MOVING POLICY

The Flood Protection Committee reported having considered the matter of clarification of Home Moving Policy (referred from Urban Development), and recommended that the application deadline be set at July 1, 1999 and anything not in the application process by then would be ineligible and the money reallocated.

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

CONSIDER MATTER OF PEDESTRIAN BRIDGE
AND AUTHORIZE UNIVERSITY EERC TO ANALYZE
EFFECT OF BRIDGE ON WATER SURFACE ELEVATION

The Flood Protection Committee reported having considered the matter of pedestrian bridge and recommended to have the Corps of Engineers remove the pedestrian bridge.

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

Council Member Glassheim moved to amend by substituting the following motion: to authorize up to $8,000 to the University of North Dakota EERC to analyze the effect of the pedestrian bridge on water surface elevation using the best available technology, and further to model various potential modifications which may be made to the structure of the bridge, and further that we request that the Army Corps of Engineers cooperate in this effort by transmitting a copy of its data base for the Grand Forks project on HEC 2 in electronic format to the EERC by the close of business on May 5, 1999, and also request the EERC to report its findings to the city council if possible by May 17 but in no event later than June 7, 1999. Council Member Bouley seconded the motion.

Council Member Martinson asked if bridge to stay in place, what would be cost to rehab it to make safe. Council Member Glassheim stated that back in December Flood Protection moved and council approved a request that we get information on alternatives to tearing down the bridge, that as yet we don’t have that information, and this analysis will model the water surface profile under a lot of different conditions, taking out the center pier, turning the bridge and opening it, taking out the other wooden piers, raising the bridge, and won’t know the cost until it is modeled using those perimeters, and that the Corps has hinted but without any analysis that it could cost $1million or more of the City’s cost, and trying to get that information now. He stated that in tearing it down is budgeted for $225,000 and that a land level walk bridge is in the Corps’ plan for $500,000 to replace it, and is trying to find information but feels that the City has not been given sufficient information to make an informed decision and that’s what this motion is asking for tonight.

Council Member Beyer asked if EERC runs this on a different model, will the Corps recognize that modeling that EERC does, or if this is another model that Corps may disagree with. Council Member Glassheim stated that this is a later generation developed by the Corps but maybe more sophisticated at judging bridge elevations, that it is in use now but is not the model the Corps has used in Minneapolis, but the HEC 2 can be translated into this other one easily.

Council Member Klave questioned why he was recommending EERC when trying to do this in an expeditious manner and that EERC can do the modeling, but we have had Shannon & Wilson on board who have worked closely with the Corps. Chuck Grotte, Engineering Department, stated that Shannon & Wilson is a geotechnical engineering firm and don’t do hydraulics, and wouldn’t be able to do this type of work, that they had discussions with SHE out of St. Paul, about doing similar studies. He also stated we wouldn’t have to bid this type of study and questioned whether the $8,000 would include calibrating the model to the past flood events or to what extent would they be modeling the river to - at the bridge or the entire river, or what is the City getting for the $8,000. Council Member Glassheim stated they were concerned about the bridge and the water surface profile as a result of the bridge. Mr. Grotte stated that the bridge retains about .6 of a foot at the bridge which tapers out to about .2 of a foot as you go south, and Corps has analyzed and that they have looked at the entire river, with and without the bridge, and now asking for bridge modifications. Council Member Carpenter stated that Lisa Hedin, Corps, had stated it would cost $8 to $10,000 for the Corps to do the modeling and assuming its about the same.

Council member Carpenter moved to amend the substitute motion by deleting the term “if possible” and “and in no event later than June 7, 1999”, and the effect of the amendment would be that by May 17 they need to present the results so that the council could take action to do the second part if the first part warrants. Council Member Lucke seconded the motion.

Connie Tripplet reported that this model, HEC/RAS which stands for river analysis system is the model that was developed by the Corps of Engineers in their technical assistance division in Davis, CA She stated that she talked to both Ken Vein and Chuck Grotte to see what this model would do for us, that it was a newer model and had more graphical interfaces. She stated she called the technical assistance division in Davis, CA of the Corps of Engineers, and that it was designed specifically to deal with bridges. She stated this is a Corps model that was designed by the Corps for use by the Corps, and if they’re going to be relying on models, they should be using the newest and best technology that is available. The reason they are proposing having the study done at this point by EERC is because Lisa Hedin stated that it was too late for them to do it because of the time schedule. She urged support of the motion to do the study.

Council Member Bouley asked if this bridge were gone, if there was discussion re. placing another bridge in the Sorlie area. Council Member Beyer stated that the MPO has RFP’s out to do exactly that.

Upon call for the question on the amendment to the substitute motion and upon roll call vote, the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Hafner, Polovitz, Lucke - 10; voting “nay”: council Members Babinchak, Bakken, Martinson, Brooks - 4. Mayor Owens declared the motion carried.

Upon call for the question on the substitute motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Bouley, Glassheim, Carpenter, Lunak, Klave, Hafner, Polovitz - 7; voting “nay”: Council Members Beyer, Babinchak, Bakken, Martinson, Brooks, Lucke, Hamerlik - 7. Mayor Owens voted to break the tie vote, and voted in favor of the substitute motion.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects for CDBG Estimates in the amount of $228,349.89; Flood Estimates in the amount of $1,244,973.72; 1999 Flood Estimates in he amount of $75,636.10; and Regular Estimates totaling $3,071,849.46 for a total of $4,620,809.17.

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

COUNCIL MEMBER BEYER EXCUSED

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project No. 4461, Sewer District No. 370; Project No. 4625, Sewer District No. 385.

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

Council Member Babinchak asked to be excused from voting on the item relating to Sewer Project No. 4461. It was moved by Council Member Bakken and seconded by Council Member Klave that Council Member Babinchak be excused as requested. Carried 12 votes affirmative.

Upon call for the question the motion carried 13 votes affirmative, with Council Member Babinchak abstaining on portion of the motion relating to Sewer Project No. 4461.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the city council for their information and/or consideration:
1) Council Member Polovitz presented matter of cleanup of debris in areas at 42nd Street and DeMers Avenue where snow piled during winter; matter referred to the street department.
2) City Attorney Howard Swanson presented the matter of contract with Evergreen Land Services for relocation and acquisition services; referred to finance committee.
3) the matter of Phase III Rehab issue was presented to the council; referred to urban development committee.
4) the matter of CDBG engineer’s report re. streetscape was presented to the council; referred to urban development committee.
5) the matter of cooperative agreement for Summer Youth Program was presented to the council; referred to urban development committee.
6) the matter of conflict of interest was presented to the council; referred to urban development committee.
7) the matter of Mortenson change orders was presented to the council; referred to urban development committee.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that we do now adjourn until Monday, May 17, 1999 at 7:30 p.m. Carried 14 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
______________________________
Patricia A. Owens, Mayor