City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 7, 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, June 7, 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 - 13; absent: Council Member Martinson - 1.

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

CONGRESSIONAL ADVISORY COMMITTEE REPORT

Council Member Hafner reported that the report had been placed on the council members desks, and the latest developments with the Congressional housing with the minutes of the last two meetings, and that there are 76 unsold houses at present. It was moved by Council Member Beyer and seconded by Council Member Babinchak to receive and file. Carried 13 votes affirmative.

APPROVE MINUTES

Typewritten copies of the minutes of the regular meetings held on November 16, 1998, February 16, 1999, March 1, 1999 and March 15, 1999, were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Glassheim that these minutes be approved as read. Carried 13 votes affirmative.

SUSPEND AGENDA

It was moved by Council Member Carpenter to suspend the agenda to move items from Planning & Zoning Commission reports: item re. final plat of University Village Addition; item re. matter of final approval of University Village PUD; and item re. final plat of Birkholz 7th Addition, to become items under presenting of ordinances. Council Member Hafner seconded the motion. Carried 13 votes affirmative.

CONTINUE MATTER OF FINAL PLAT AND SECOND
READING OF ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF COUNTRY VIEW
SECOND RESUBDIVISION TO JUNE 21, 1999

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Country View Second Resubdivision to the city of Grand Forks, North Dakota,” which had been introduced on its first reading on May 17, 1999 and upon which public hearing had been scheduled for this evening, was presented and read.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from Tim Christian, managing partner on behalf of Country Development, LLP, for final approval of a plat of Country View Second Resubdivision to the city of Grand Forks, North Dakota, (located ease of Belmont Road and north of Adams Drive) including several variances to the subdivision regulations as noted in the review comments, and recommended tabling until June 21, 1999.

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

CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING MAP TO INCLUDE WITHIN R-2
DISTRICT ALL OF COUNTRY VIEW SECOND
RESUBDIVISION TO JUNE 21, 1999

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and include within the R-2 (One and Two-Family Residence) District, all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from Tim Christian, managing partner, on behalf of Country Development, LLP, for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within the R-2 (One and Two Family Residence) District all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota (located east of Belmont Road and north of Adams Drive), and recommended tabling until June 21, 1999.

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

CONTINUE MATTER OF FINAL PLAT, AND SECOND
READING OF ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AND DEDICATED ON PLAT OF LOTS 2 AND 3, BLOCK
1, PERKINS FIFTH ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of David J.Parker for final approval of a Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota (located west of South Columbia Road and north of 40th Avenue South), and recommended tabling for one month.

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

CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING MAP TO INCLUDE WITHIN PERKINS
3RD PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1, LOTS 2 AND 3, BLOCK 1, PERKINS 5TH ADDITION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, Lots 2 and 3, Block 1, Perkins 5th Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from Jerry Pribula on behalf of Dave Parker for final approval of an ordinance to amend the Zoning Map to exclude from the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, (located west of Columbia Road and between 36th Avenue South and 40th Avenue South), and recommended tabling for one month.

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

CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING REGULATIONS RE. MOBILE HOME
TIE-DOWN CRITERIA TO JUNE 21, 1999

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 had been introduced and passed on its first reading on May 3, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from Tim Manz on behalf of the Building Inspections Office for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0212(9)(F) Mobile Home Tie-Down Criteria”, and recommended tabling until June 21, 1999.

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

CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING MAP TOP INCLUDE ALL OF LOT
C, BLOCK 1, LARRY’S RESUBDIVISIION, WITHIN
B-1 (LIMITED BUSINESS) DISTRICT

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the I-1 (Light Industrial) District and include within the B-1 (Limited Business) District all of Lot C, Block 1, Larry’s Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been continued until this evening, was presented and
read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Steve Kalenze on behalf of Kristi Hall-Jiran for final approval of an ordinance to amend the Zoning Map to exclude from the I-1 (Light Industrial) District and to include within the B-1 (Limited Business) District, Lot C, Block 1, Larry’s Resubdivision (located at 931 2nd Avenue North), and recommended tabling indefinitely.

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

ADOPT ORDINANCE NO. 3795, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF UNIVERSITY
VILLAGE ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of University Village Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on March 16, 1999, and upon which public hearing had been held on May 17 and upon which the second reading of the ordinance was tabled, was presented and read for consideration on second reading and final passage.

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

Dennis Potter, city planner, introduced Dr. Ken Baker, president of the University of North Dakota, who will do presentation along with his staff on this issue.

Dr. Baker, president of the University of North Dakota, reported that the University has been talking about the University Village for some period of time and in September/October of 1998 this body approved the allocation of $1.6 million to help the University with the development of the infrastructure for a University Village; that a provision was added to the approval of the city council at that time which said that the money would be made available to the University if there were in fact a project. He stated that between September/October of 1998 and the present time they have been working on a variety of different initiatives to insure that there would be a project, the first was the development of a Barnes & Noble Bookstore which would become the University bookstore; that they entered into conversations with Altru Hospital about a swap of the Rehab Building on Medical Park for a new facility which they would provide in the Bronson property as part of the University Village, which would become the Family Practice Clinic. He stated that the most important event that occurred between September/October of 1998 and the present time was the announcement on December 17, 1998 by Mr. Ralph Engelstad, who is one of the University’s alumni, of a $100 million donation to the University, half of which would be used for the construction of an ice arena in the Village area as part of the Bronson property and that would be a 12,000 seat arena that would be in that area. He reported they took these matters to the Legislative Session in the spring of 1999, and these items were approved; and that they had a project. He stated that it became clear they needed to engage a professional developer to help them to configure this property in a way in which they could achieve their notion of the University Village in the changed environment of the arena; that they interviewed two firms before concluding a contract with KKE Architects and Engineers of Minneapolis, and they have been working with those professional people as well as with the neighbors, students, etc. on the evolution of the concept before council.

Kathy Henderson, who is a principal with KKE Architects, reviewed design for the Bronson property; that they master planned and looked at the entire site as one cohesive master plan, Gateway Drive is main traffic and intersection with Columbia Road, and sets this site as a major commercial area; the desire of the Clinic and Bookstore to be in close proximity to the University was another driving factor and the placement of the arena. She stated they will be doing studies and will be working with the traffic engineers to try to alleviate the concerns from the residential neighborhoods.

James Gibbs expressed concern about R-3 zones across the street from residential areas; that he wants to go on record that he thinks this is a beautiful project, but doesn’t like four buildings across the street from 6th Avenue to 10th Avenue, and thinks it would be better if the whole front was clear to show the arena.

Jim Rask, 521 Hamline Street, expressed concern with traffic on Hamline, that in talking with Mr. Tonder another issue came up re. 6th Avenue North, the potential for that street to be expanded or widened in the future and taking property on residential side of the street and he suggested that if that does happen, that the property come from the other side of the street. President Baker stated that he doesn’t believe that is what’s being contemplated and they are working with the neighbors and with others on the resolution of these kinds of issues.

P.V. Thorsen, 525 Hamline Street, stated his suggestion would be to limit number of stores along Columbia Road, and put businesses farther back away from the streets; and perhaps City should restrict the demeaning of residential areas.

Sharon Brennan, 531 Hamline Street, lives across the street from where the UND Family Practice would be, and not in favor of that.

Mayor Owens closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from Rick Tonder on behalf of the University of North Dakota for final approval of the plat of University Village Addition to the city of Grand forks, North Dakota, being a part of the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the 5th Principal Meridian (located between Gateway Drive (U.S. Highway 2) and 6th Avenue North and between North Columbia Road and the English Coulee), and recommended final approval subject to special conditions shown or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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

Council Member Hamerlik stated this is a concept plan, and asked how much more changing could or would be made and what needs to be brought before council or any other group. Mr. Potter stated they are adopting a concept plan, and as move from the concept plan to a detailed development plan and bring that to the Planning Office staff for review, and if market place drives how development occurs, the concept could change; that the key document is the detailed development plan and that provides for input at the staff level and there has been discussion with the University about providing a forum or mechanism for community input as part of that detailed development plan. It was noted that this is detailed concept plan. Mr. Potter stated that they discussed with the University that when they do the detailed development review there will be a process to notify the University neighborhood that is under review and give everybody an opportunity to look at it.

Mr. Swanson, city attorney, stated that unless there were a change in the proposed ingress or egress as shown on the plat or the concept plan, there would be no need for any additional committee action or council action on traffic issues; that with respect to the location or construction of the individual buildings as shown on the plan, would be limited to staff review in the Planning Department; if there is a disagreement between staff and developer, the matter can go to the Planning and Zoning Commission The council no longer reviews building plans, including architectural drawings of building, and that has changed and no longer do that as matter is fully handled by staff; so depending if there are deviations from what is being approved it may come back to one of your committees, but if the detailed development plan is consistent with the concept plan, it will not come back to any of the committees.

There was considerable discussion regarding the concept plan as to traffic in the University Village, parking in the area as well as green space, bikepaths, types of businesses/restaurants in the Village etc.; and it was noted that BRW has been hired to do traffic study, and will be taking recommendations from engineers and incorporating it into the traffic planning study. President Baker stated that they intend to work with the City on the notion of access off of Gateway Drive and have been assured that there is a very strong likelihood that there will be strong sympathy for their request in Bismarck, won’t commit anyone or try to suggest that’s been guaranteed in any way, but have had conversations with necessary folks in Bismarck about the need for some access off of Highway 2.

Mr. Swanson stated that the City does have zoning jurisdiction over the University, and particularly over non-University type functions, and this would fall well outside the scope of any traditional University function and the City does have the authority; and there is a minimum vote requirement for change in zoning maps is three-fourths of all members of the city council, or if less than three-quarters are present, the unanimous vote of all those present.

The city auditor asked for clarification on the technical changes to the plat and PUD Concept Plan, and it was noted that the technical corrections 1. and 2. apply only to the plat. Mr. Swanson reported that those particular technical corrections are not included on the recommendation from Planning & Zoning and should be separately acted upon as an amendment by the city council.

It was moved by Council Member Hafner and seconded by Council Member Carpenter to amend to the technical changes under Plat 1. and 2. Carried 13 votes affirmative.

Upon call for the question of adoption of the ordinance, 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3796, AMENDING ZONING MAP
TO INCLUDE WITHIN UNIVERSITY VILLAGE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
ALL OF UNIVERSITY VILLAGE ADDITION AND ALL OF
COLUMBIA ADDITION
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the U-D (University) District and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, all of University Village Addition and all of Columbia Addition, being the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks, North Dakota”, which had been introduced on its first reading on April 19, 1999, and upon which public hearing had been held on May 17, and upon which the second reading of the ordinance was tabled, was presented and read for consideration on second reading and final passage.

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

The Planning and Zoning Commission reported having considered the matter of the request from Rick Tonder on behalf of the University of North Dakota for final approval of the University Village PUD (Planned Unit Development), Concept Development Plan, all of the University Village Addition and all of Columbia Addition, Grand Forks, North Dakota (located between Gateway Drive (U.S. Highway 2) and 6th Avenue North and between North Columbia Road and the English Coulee, and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

It was moved by Council Member Hafner and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further to include the additional technical changes under Plat 1. and 2. Carried 13 votes affirmative.

Council Member Glassheim stated that if they approve the buildings on the Plan, they cannot delete them, but could be included at a later time either in the same place or another location; and moved to delete the four buildings along Columbia Road from 6th to 10th Avenues North from the Concept Plan. Council Member Polovitz seconded the motion.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Bouley, Glassheim, Klave, Beyer, Babinchak, Polovitz, Hamerlik - 7; voting “nay”: Council Members Carpenter, Lunak, Bakken, Hafner, Brooks, Lucke - 6. Mayor Owens declared the motion carried.

Upon call for the question on the original 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 - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBERS HAFNER AND HAMERLIK EXCUSED

ADOPT ORDINANCE NO. 3797, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF BIRKHOLZ
7TH ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Birkholz 7th Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 1999 and upon which public hearing had been held on May 17, and upon which the second reading of the ordinance was tabled, was presented and read for consideration on second reading and final passage.

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Marvin and Violet Birkholz for final approval of the plat of Birkholz 7th Addition to the city of Grand Forks, North Dakota, being part of the Northwest Quarter of Section 17, Township 151 North, Range 50West of the 5th Principal Meridian (located south of 17th Avenue South and two branches of the English Coulee), and recommended approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 11; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.

COUNCIL MEMBER KLAVE EXCUSED

SUSPEND AGENDA

Council Member Carpenter moved to suspend the agenda to move up for immediate consideration of items 7-33, matter of Grand Forks Homes incentive program, and 7-41, matter of Burdick Court window issue. Council Member Babinchak seconded the motion. Carried 10 votes affirmative.

CONSIDER MATTER OF GRAND FORKS HOMES
INCENTIVE PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Grand Forks Homes Incentive Program (request by 11 homebuyers), and recommended to pay each of the ten original homeowners $5,000 each and asked staff to find the source of the funds.

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

Council Member Lunak stated that the council had voted to eliminate the incentive program, and questioned whether the incentive program was for only ten people. It was noted that it was.

COUNCIL MEMBERS HAFNER, HAMERLIK AND
KLAVE REPORTED BACK

Joel Manske, Housing Authority, reported that the intention was that due to the update in the accelerated sales they would have some carrying cost savings and some of the unobligated funds that are saved through the acceleration of the sales would be freed up to fund these ten units. He stated that down payment assistance program is not administered by Grand Forks Homes but by the City of Grand Forks.

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

AUTHORIZE GRAND FORKS HOMES TO UTILIZE
PORTION OF CARRYOVER FUNDS TO REPLACE
WINDOWS IN HOUSES IN BURDICK COURT

Committee No. 4, Urban Development, reported having considered the matter of Burdick Court window issue, and recommended to authorize Grand Forks Homes to utilize some of the carryover funds to replace the windows to the satisfaction of the homeowners in question on Burdick Court.

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

Council Member Carpenter moved an amendment to the motion to delete the specific direction to fix and authorize Grand Forks Homes to utilize carrying cost funds for resolving the issue.
Council Member Hafner seconded the motion.

Mr. Manske stated that Grand Forks Homes has taken the window issue very seriously, doesn’t agree that they are putting it off but there is some concern about their legal obligation/position they put themselves if they immediately replace the windows within these units, not yet having an understanding of what’s causing the moisture issues within these households; and they are trying to identify and find the correct and appropriate corrective action before they take that action; but to allow them to identify what the issue is and define the scope of work and the necessary corrective action.

Loralyn Maixner, 437 Burdick Court, stated she and several residents of Burdick Court (incl. Scott Borden, 434 Burdick Ct.) were present and showed pictures of window problems (that windows leak and are not quality windows) and they have been dealing with these windows and Grand Forks Housing since last April as well as with the contractors.

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

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

HOLD PUBLIC HEARING ON URBANIZED AREA
FORMULA GRANT
The city auditor reported that public hearing had been scheduled before the city council this evening for consideration of the Transit Operating and Capital Assistance under 49 USC 5307 (formerly Section 9) of the Urban Mass Transportation Act of 1964 as amended and notice of the public hearing had been published as required. (Grant award $579,292)

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

It was moved by Council Member Beyer and seconded by Council Member Klave to authorize proper City officials to execute the grant agreement. Carried 13 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 902 COTTONWOOD STREET
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Brenda Draheim to move a building from 805 Campbell Drive to 902 Cottonwood Street to be used as a 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 for moving permit by Brenda Draheim to move building from 805 Campbell Drive to 902 Cottonwood Street to be used as a garage, and recommended to approve the application, subject to the public hearing.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Ms. Draheim be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4976

The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4976 in the amount of $600.00, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in one annual installment of principal, to be collected with other taxes by the proper authorities. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION VACATING UTILITY AND
SIDEWALK EASEMENTS LYING BETWEEN
LOTS 7 AND 8, BLOCK 8, MEDVUE ESTATES 2ND
ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility and sidewalk easements lying between Lots 7 and 8, Block 8, Medvue Estates 2nd Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

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

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7778 - Resolution.

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

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING PROJECT NO. 5006, DISTRICT
NO. 127

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 127, Project No. 5006, street lighting on Chestnut Street, had expired on May 27, 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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 7779 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 127, Project No. 5006, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING PROJECT NO. 5007, DISTRICT
NO. 128

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 128, Project No. 5007, street lighting in Johnson’s 2nd, 3rd and 4th Additions, Unplatted Parts and Gardenview Estates First Addition (on 11th Avenue South, South 40th Street, 14th Avenue South, 15th Avenue South and on South 38th Street), had expired on May 27, 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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 7780 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 128, Project No. 5007, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5008, DISTRICT NO. 129

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 127, Project No. 5008, street lighting on 36th Avenue South and Balsam Circle, had expired on May 27, 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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 7781 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Hafner that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 129, Project No. 5008, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE SUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5009, DISTRICT NO. 130

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 130, Project No. 5009, street lighting on North 51st Street in Rydell West Resubdivision, had expired on May 27, 1999, and that he had received written protests representing 78% of the assessment district. .

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

Timothy Dittus, attorney, representing Sherman Associates and Gateway Terrace, Inc., the owners of Lot 1, Block 1 and Lot 1, Block 2, Airport 3rd Resubdivision, included within Lighting District No. 130, stated that these two entities represent greater than 51% of the area included in this special assessment district and asked the council to vote against the adoption of the resolution of necessity.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that we do hereby find and determine a sufficiency of protest against Street Lighting District No. 130, Project No. 5009, as protests received represent 78% of the assessment district and further that the project be discontinued. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING PROJECT NO. 5011, DISTRICT
NO. 131

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 131, Project No. 5011, street lighting on
South Pines Court, had expired on May 27, 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. 7782 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 131, Project No. 5011, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5024, DISTRICT NO. 132

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 132, Project No. 5024, street lighting on 36th Avenue South from South 30th Street to Columbia Road, had expired on May 27, 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 Babinchak introduced the following resolution as to protests which was presented and read: Document No. 7783 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 132, Project No. 5024, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING PROJECTS
NOS. 5006, DISTRICT NO. 127; 5007, DISTRICT NO. 128; 5008,
DISTRICT NO. 129; 5011, DISTRICT NO. 131; AND 5024,
DISTRICT NO. 132
The city auditor presented and read tabulation of bids which had been received and opened on May 28, 1999, for Street Lighting Project No. 5006, District No. 127; Project No. 5007, District No. 128; Project No. 5008, District No. 129; Project No. 5009, District No. 130; Project No. 5011, District No. 131; and Project No. 5024, District No. 132; street lighting in various areas of the city, indicating that Ron’s Electric was the low bidder based upon their bids in the total amount of $97,951.80.

The city engineer’s estimates of total cost on Street Lighting Project No. 5006, District No. 127; Street Lighting Project No. 5007, District No. 128; Street Lighting Project No. 5008, District No. 129; Street Lighting Project No. 5009, District No. 130; Street Lighting Project No. 5011, District No. 131; and Street Lighting Project No. 5024, District No.132, in the amounts of $21,300.00, $48,400.00, $18,800.00, $13,400.00, $11,300.00, and $11,400.00,respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for various projects: Project No. 5006, District. 127, street lights on Chestnut Street; Project No. 5007, District 128, street lights in Johnson’s 4th; Project No. 5008, District No. 129, Street lights on Poplar Circle; Project No. 5009, District No. 130, street lights on North 51st Street; Project No. 5011, District No. 131, street lights on South Pines Court; and Project No. 5024, District No. 132, street lights on 36th Avenue South from 30th Street to Columbia Road, and recommended to accept the low bids of Ron’s Electric in the amounts of $16,756.00, $38,086.40, $14,797.80, $10,529.20, $8,858.40 and $8,924.00, respectively, for a total bid of $97,951.80.

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

It was moved by Council Member Klave and seconded by Council Member Babinchak to amend the motion to delete Project No. 5009 for $10,529.20, which was protested out, leaving a total of $87,422.60. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7784 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Babinchak that this resolution awarding the contract for Street Lighting Projects Nos. 5006, 5007, 5008, 5011 and 5024 to Ron’s Electric 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 - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Klave and seconded by Council Member Hafner that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 13 votes affirmative.

Urban Development Committee:
1) matter of Rental Rehab. Program.
2) matter of relocation of historical building at 201 South 3rd Street to 307 Division Avenue
3) matter of changes to Commercial Rehab Grant applications for Ltd. Properties and Dacotah Building, Inc.
4) matter of South 3rd Street demolition
5) matter of voluntary buyout extension, Phase IV
6) matter of Historic Mitigation agreement for School District properties
7) matter of CDBG cost matrix budget transfers
8) matter of change order to downtown parking ramp project to allow access to lower level
(Public Transportation)
9) matter of paving temporary parking lot on North 3rd Street

REPORTS OF OFFICERS

The city auditor’s report on the City investments for the period ending May 31, 1999, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this report be received and filed. Carried 13 votes affirmative.

The city auditor’s cash balance report as of April 30, 1999, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this report be received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-09 dated June 7, 1999 and totaling $2,722,341.04, 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 Polovitz 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik moved to dispense from reading of the minutes of the standing committee reports unless minutes not distributed in their packets and/or if the minutes were not available to council members or meeting held just prior to this meeting. Council Member Lunak seconded the motion. Carried 13 votes affirmative.

APPROVE CHANGES IN JOB DESCRIPTIONS FOR IS

Committee No. 1, Finance, reported having considered the matter of changes in job descriptions for IS, and recommended to add to the job description for Senior Programmer Analyst that positions in this class are flexibly staffed.

Committee No. 1, Finance, reported having considered the matter of changes in job descriptions for IS, and recommended to add field environment and exposure to inclement weather to environmental conditions in the Microcomputer Technician position.

Committee No. 1, Finance, reported having considered the matter of changes in job descriptions for IS, and recommended approval of new job description for System Support Specialist with the exception of the environmental and physical going back to the original.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that these recommendations be and are hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST FOR BIDS FOR BANK SERVICES

Committee No. 1, Finance, reported having considered the request for bids for bank services, and recommended approval for the finance department to put out an RFP for bank services.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that these recommendations be and are hereby approved. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENT

A request from the Human Resources Department for transfer of funds from Cash Carryover to Education and Training in the amount of $15,000 was presented and read. It was moved by Council Member Brooks and seconded by Council Member Carpenter that this budget amendment be approved. Carried 13 votes affirmative.

DECLARE POLICE IMPOUND LOT AS SURPLUS
AND OFFER FOR SALE

Committee No. 1, Finance, reported having considered the matter of police impound lot, and recommended that the property be declared surplus and offered for sale, and that this item appear on the next finance committee agenda.

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

AUTHORIZE SELECTION COMMITTEE TO SELECT
ARCHITECT FOR DESIGN AND BIDDING OF POLICE
BUILDING

Committee No. 2, Public Safety, reported having considered the matter of police building funding, and recommended that we authorize the selection committee to select an architect for the design and bidding of the project, that the architectural fees in the event the project does not proceed would be paid out of CDBG administration.

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

APPROVE APPLICATION FOR CLASS 8-1 KRAFT
BEER LICENSE FOR GRAND FORKS BASEBALL
CLUB CONCESSIONS, INC.

Committee No. 2, Public Safety, reported having considered the application for Class 8-1 Kraft Field beer license by Grand forks Baseball Club Concessions, Inc., and recommended to approve the application for on-sale beer license.

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

APPROVE BUDGET AMENDMENTS

A request from the Health Department, Communicable Disease for transfer of funds in the amount of $1,400 to reflect funding for “Kids Health Matters” from the Grand Forks Housing Authority was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 13 votes affirmative.

A request from the Health Department, Care Coordination Grant, for transfer of funds in the amount of $755, to reflect unanticipated revenue from the State of North Dakota, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 13 votes affirmative.

A request from the Health Department, Knight Foundation Grant, for transfer of funds within the department in the amount of $300 to reflect unanticipated income, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 13 votes affirmative.

RECEIVE AND FILE PRELIMINARY REPORT FOR
PROJECT NO. 4772, RED RIVER DAM EROSION
CONTROL AND BOAT RAMP

Committee No. 3, Public Service, reported having considered the matter of preliminary report for Project 4772, Red River Dam Erosion Control and Boat Ramp, and recommended to receive and file.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of permanent/temporary easement along South 42nd Street from 17th to 29th Avenue (Projects 4957, 4958 and 4959), and recommended approval contingent upon the following items: 1) that the sanitary sewer would be provided to the property owners without any charges or tapping fees; 2) that the storm sewer would be delayed three years from the time it would otherwise be special assessed, and the interim interest charge would be carried on the project and reassessed after the three-year period; 3) watermain project would be delayed until such time as development dictates the need to install it; 4) that the City would pay if damage to nursery stalk on Dieter Heitmann property and/or crop damage to Lois Mayer property; and 5) that in the event that easements are not signed by Monday, June 7, that these CDBG dollars be deferred into a storm sewer project on the southend of Grand Forks at about 20th Street from 40th to 45th Avenue South.

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

ACCEPT BID FOR MOWING OF SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of mowing bids for southend drainway (wastewater department) for a three-year contract, and recommended to accept the bid of Bosh Enterprises in the amount of $125/acres per time.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH ICS,
INC. FOR TECHNICAL ASSISTANCE IN COMPLETING
INTEGRATION NEEDS AT WATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of system integration needs at water treatment plant, and recommended to approve entering into an agreement with ICS, Inc. for technical assistance in completing the project.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

REFER MATTER OF CONTRACT FOR PROFESSIONAL
SERVICES TO EVALUATE PUBLIC VS. PRIVATE
OPERATIONS OF WASTEWATER TREATMENT PLANT,
PROJECT NO. 5014

Committee No. 3, Public Service, reported having considered the matter of professional services to evaluate public vs. private operations of the City of Grand Forks’ wastewater treatment plant, City Project No. 5014, and recommended to authorize entering into a contract with Malcolm Pirnie, Inc., for professional services to evaluate public vs. private operations of the City’s wastewater treatment plant at a cost of not to exceed $98,466.00.

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

Council Members Lucke and Hafner requested that this matter be sent back to committee for further consideration.

APPROVE ENTERING TINTO AUTHORIZATION NO. 3
OF ENGINEERING AGREEMENT FOR PROJECT NO. 5023

Committee No. 3, Public Service, reported having considered the matter of professional
engineering services to permit, design and bid the solid waste baling facility, Burns & McDonnell, City Project No. 5023, and recommended to authorize entering into Authorization No. 3 of the engineering services agreement for design and bidding phases of the baling facility project in the amount of $369,612.00.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO ENGINEERING
AGREEMENT FOR PROJECT NO. 4648

Committee No. 3, Public Service, reported having considered the matter of professional engineering services to design and construct clearwell and transmission lines, Advanced Engineering, City Project No. 4648, and recommended to authorize entering into an engineering services agreement with Advanced Engineering & Environmental Services, Inc. in an amount not to exceed $2,766,000.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS FOR WASTEWATER
TREATMENT FACILITY, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2 for Wastewater Treatment Facility, reactor tanks and distribution structure contract, City Project No. 4371, John T. Jones Construction Company, contractor, and recommended to approve C.O. #2 in the total amount of $19,202.00.

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 3 for Wastewater Treatment Facility, reactor tanks and distribution structure contract, City Project No. 4371, John T. Jones Construction Co., contractor, and recommended to approve C.O. #3 for John T. Jones Construction Co. in the amount of $47,442.00.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR
PUBLIC WORKS FACILITY RENOVATION, PROJECT
NO. 4822

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Public Works Facility Renovation, City Project No. 4822, and recommended to approve plans and specifications and authorize call for bids.

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

Council Member Klave asked to be excused from voting on this matter, and it was so moved by Council Member Babinchak and Council Member Hafner. Carried 13 votes affirmative.

Upon call for the question of adoption of this motion, and upon voice vote, the motion carried 12 votes affirmative; Council Member Klave abstaining.

AUTHORIZE SECURING OF APPRAISALS ON CLAY
BORROW SITES, CONTINGENT UPON CLARIFICATION
FROM CITY ATTORNEY

Committee No. 3, Public Service, reported having considered the matter of appraisal services for south end clay borrow sites, and recommended authorization to secure appraisals on four proposed sites through GFEG contract using CDBG money, and to make offers on these sites, contingent upon clarification from the city attorney.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of permanent/temporary easement along 47th Avenue South from Cherry to Washington Street, Project Nos. 4904 and 4923, and recommended to approve the easement and authorize proper City officials to sign the easement.

Committee No. 3, Public Service, reported having considered the matter of permanent easement along Ruemmele Road from 34th Street to 40th Avenue South, Project No. 4845, and recommended to approve the easement and authorize proper City officials to sign the easement.

Committee No. 3, Public Service, reported having considered the matter of temporary easement along 36th Avenue South from 20th Street westward, Project No. 4894, and recommended to approve the easement and authorize proper City officials to sign the easement.

Committee No. 3, Public Service, reported having considered the matter of temporary easement along South Columbia road from 36th Avenue South northward, Project No. 4924, and recommended to approve the easement and authorize proper City officials to sign the easement.

Committee No. 3, Public Service, reported having considered the matter of permanent easement along South Columbia Road from 36th Avenue South northward, Project No. 4924, and recommended to approve the easement and authorize proper City officials to sign the easement.

Committee No. 3, Public Service, reported having considered the matter of permanent easement along 55th Avenue South from Columbia road westward, Project No. 4853, consideration of payment of appraised value CDBG, and recommended to approve the easement and authorize proper City officials to sign the easement.
Committee No. 3, Public Service, reported having considered the matter of permanent easement near 55th Avenue South and South 34th Street for Lift Station #40, Project No. 4849, consideration of payment of appraised value CDBG, and recommended to approve the easement and authorize proper City officials to sign the easement.

It was moved by Council Member Lucke and seconded by Council Member Klave that these recommendations be and are hereby approved. Carried 13 votes affirmative.

REFER MATTER OF REPAIRING SPRINKLER
SYSTEMS IN BERMS BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of repairing sprinkler system in berms damaged by sewer restoration projects, CDBG, and recommended to approve the project.

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

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

AUTHORIZE ENTERING INTO AGREEMENT WITH
CRARY HOMES & REAL ESTATE, PROJECT NO. 4994

Committee No. 3, Public Service, reported having considered the matter of two-way agreement
for Project No. 4994, paving South Pines Addition, and recommended to authorize entering into the two-way agreement with Crary Homes & Real Estate.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH
GREENBERG FOR PROJECT NO. 5032

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Project No. 5032, paving South 20th Street from 34th to 36th Streets, and recommended to authorize entering into the three-way agreement for this project.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT FOR
PROJECTS 5015 AND 5028, 1999-2000 FLOOD MITIGATION
PROTECTION PROJECTS

Committee No. 3, Public Service, reported having considered the matter of Design and Construction Administration Services Agreement with GFEG for Project No. 5015 and 5028, 1999-2000 Flood Mitigation Protection Projects, CDBG, Project No. 5015, $140,000 and Project No. 5028, $60,000; and recommended to authorize entering into the agreement, subject to review by the city attorney.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 1 FOR ENGINEERING
SERVICES FOR SEWER FORCEMAIN PROJECT NO. 4854

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 for construction administration services with WFW for Project No. 4854, sanitary forcemain on South Columbia Road from 17th to 24th Avenue South, and recommended to approve Amendment No. 1 to the engineering services agreement in the amount of $20,006.00.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE REPAIR LIST FOR SIDEWALK PROJECT
NO. 4907

Committee No. 3, Public Service, reported having considered the matter of repair list for Project No. 4907, 1999 sidewalk replacement project, and recommended to approve the repair list for sidewalk construction.

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

ACCEPT PETITION FOR PAVING ALLEY IN 100
BLOCK BETWEEN NORTH 3RD AND 4TH STREETS

Committee No. 3, Public Service, reported having considered the matter of petition to repave alley in the 100 block between North 3rd and North 4th Street, and recommended to accept the petition for paving and refer to engineering department for creating of the paving district.

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

APPROVE TAPPING FEES FOR SEWER PROJECT
NO. 3821

Committee No. 3, Public Service, reported having considered the matter of tapping fees for Project No.
3821, storm sewer system in Richard’s West Subdivision, and recommended to approve the tapping fees for the project.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 4714, DISTRICT
NO. 562

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4714, District No. 562, paving North 55th Street from DeMers Avenue to Gateway Drive (revised district), 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No.7785 - Resolution.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4714, DISTRICT NO. 562

The city auditor presented and read the engineer’s report on Paving project No. 4714, District No. 562: Document No. 7786 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4714, DISTRICT NO. 562

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7787 - Resolution.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 4589, DISTRICT
NO. 561

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4589, District No. 561, paving Country View, 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7788 - Resolution.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4589, DISTRICT NO. 561

The city auditor presented and read the engineer’s report on Paving Project No. 4589, District No. 561: Document No. 7789 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4589, DISTRICT NO. 561

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7790 - Resolution.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4940, PAVING DISTRICT NO. 570

The city engineer’s estimate of total cost of the construction of paving on 45th Avenue South from 20th to 25th Streets and South 25th Street from 45th to 47th Avenues South, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No.4940, District No. 570, paving 45th Avenue South from 20th to 25th Street and South 25th Street from 45th to 47th Avenue South, 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7791 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 5003, PAVING DISTRICT NO. 566

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

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5003, District No. 566, paving on 36th Avenue South from Columbia Road to 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7792 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 5022, PAVING DISTRICT NO. 569

The city engineer’s estimate of total cost of the construction of paving alley in 900 block between South Washington Street and South 12th Street, in the amount of $10,575.60, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5022, District No. 569, paving alley in 900 block between South Washington Street and South 12th 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7793 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 5030, PAVING DISTRICT NO. 572

The city engineer’s estimate of total cost of the construction of paving Rivers Edge Phase II, in the amount of $69,421.53, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5030, District No. 572, paving Rivers Edge Phase II, 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read:
Document No. 7794 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS, SEWER
PROJECT NO. 4957 (CDBG)

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4957, sanitary sewer on South 42nd Street from 17th to 29th Avenues South (CDBG), and recommended to approve plans and specifications, and authorize call for bids, contingent upon easements being signed, CDBG eligible.

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

Council Member Hafner stated that this item is contingent on all of the property owners signing an easement, that one of those property owners is nearly impossible to reach and would like to change the wording to reflect the following: that in the event that easements are not signed by Thursday, June 10, the sanitary sewer will be installed where they exist on the west side of South 42nd Street from 1040 ft. north of 24th Avenue South to 30th Avenue South; if the remaining easements are acquired north of the north starting point, with the exception of the Rieger property, the full project will proceed and moved this as an amendment; Council Member Carpenter seconded the motion. Carried 13 votes affirmative.

Upon call for the question of adoption of this motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4980.1, DOWNTOWN STREETSCAPE (CDBG)

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4980.1, Downtown Streetscape Project (CDBG), and recommended to approve plans and specifications, and authorize call for bids, CDBG eligible.

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

ACCEPT LOW BID FOR PROJECT NO. 4757, DOWN-
TOWN CURB & GUTTER REPLACEMENT (CDBG)

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4757, Downtown Curb & Gutter Replacement (CDBG), and recommended to accept the low bid of Opp Construction, LLC in the amount of $189,715.25.

It was moved by Council Members Lucke and 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT THE LOW BIDS FOR SEWER PROJECT NO.
4844 AND WATERMAIN PROJECT NO. 4929 (CDBG)

Committee No. 3, Public Service, reported having considered the matter of construction bids for Projects Nos. 4844 and 4929, storm sewer and watermain on South 20th Street from 36th to 40th Avenue (CDBG), and recommended to accept the low bid of Dakota Underground Company, Inc. in the amount of $335,485.00.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 5001, DISTRICT NO. 268

The city auditor presented and read the tabulation of bids which had been received and opened on May 24, 1999 for Watermain Project No. 5001, District No. 268, watermain on 36th Avenue South from Columbia road to 30th Street, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amount of $32,350.00: Document No. 7795 - Bid Tabulation.

The city engineer’s estimate of total cost on Watermain Project No. 5001, District No. 268, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5001, District No. 268, watermain on 36th Avenue South from Columbia road to 30th Street, and recommended to accept the low bid of Soberaski, Inc. in the amount of $32,350.00, contingent upon receiving letter of credit from the developer.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7796 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution awarding the contract for Watermain Project No. 5001, District No. 268, to Soberaski, 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 - 13; 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.
5004, DISTRICT NO. 405

The city auditor presented and read the tabulation of bids which had been received and opened on May 24, 1999 for Sewer Project No. 5004, District No. 405, storm sewer on 36th Avenue South from Balsam Circle to 34th Street, indicating that Molstad Excavating was the low bidder based upon their bid in the amount of $59,100.00: Document No. 7797 - Bid Tabulation.

The city engineer’s estimate of total cost on Sewer Project No. 5004, District No. 405, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5004, District No. 405, storm sewer on 36th Avenue South from Balsam Circle to 34th Street, and recommended to accept the low bid of Molstad Excavating in the amount of $59,100.00 contingent upon receiving letter of credit from the developer.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7798 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution awarding the contract for Sewer Project No. 5004, District No. 405, to Molstad Excavating 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 - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

APPROVE CHANGE ORDERS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4440, District 386, Southend Drainway Phase I, C.O. #7, Riley Bros. Construction, Inc., and recommended to approve the change order in the amount of a net reduction of $1,556.00.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of change order for project No. 4768, District 398, new pump module at Storm Pump Station #84, Wanzek Construction, Inc.; and recommended to approve the change order in the amount of $1,598.50, CDBG eligible.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE FINAL APPLICATION FOR PAYMENT AND
SUBSTANTIAL COMPLETION, PROJECT NO. 4654

Committee No. 3, Public Service, reported having considered the matter of final application for payment and substantial completion for Project 4654, Pump Station Restoration Project, and recommended to approve final application for payment in the amount of 450,458.73, and substantial completion for the project, CDBG eligible.

It was moved by Council Member Lucke 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE REQUESTS FOR EXTENSION TO RELOCATION
VOUCHER

Committee No. 4, Urban Development, reported having considered the request for extension to relocation voucher by Richard and Teresa Graziano, and recommended to allow the Grazianos to receive the voucher upon the closing of their home on June 8 and that the deadline for that voucher to be used is September 30, 1999.

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

Committee no. 4, Urban Development, reported having considered the request for extension to relocation voucher by Kevin and Kerry Magnuson, and recommended to grant a voucher extension until June 30, 1999.

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

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $1,700 to Duckstad Contracting for the demolition of two garage slabs.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $2,959 to Construction Engineers for the Parking Ramp.
Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $10,719 to T.F. Powers.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $6,377 to T.F. Powers contingent upon the responsible party being identified.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $1,998 to McFarlane Sheet Metal.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $1,324 to McFarlane Sheet Metal.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $647 to Construction Engineers.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $14,100 to Heymann’s Construction USA.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $8,242 to Lee Davis Electric (tenants will be paying all).

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a change order in the amount of $12,829 to Hanson Electric.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a deductive change order on 401 DeMers in the amount of $630 to Fargo Tank and Steel contingent upon the responsible party being identified.

Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve a deductive change order in the amount of $9 to T.F. Powers.
Committee No. 4, Urban Development, reported having considered the matter of change orders and recommended to approve substantial completions contingent upon the MidAmerica Steel date being 1998.

It was moved by Council Member Polovitz and seconded by Council Member Beyer 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE SOUTH 3RD STREET CHANGE ORDERS
AND COMPLETIONS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street contract change orders and completions, and recommended to approve a deductive change order in the amount of $12,047.65 to Magnus Trucking.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street contract change orders and completions, and recommended to approve a change order in the amount of $4,824.27 to Magnus Trucking.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street contract change orders and completions, and recommended to approve a change order in the amount of $936 to Opp Construction.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street contract change orders and completions, and recommended to approve a change order in the amount of $22,620 to Opp Construction to install brick pavers and concrete subslab along South 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street contract change orders and completions, and recommended to approve a change order in the amount of $14,185.97 to Ron’s Electric for streetscape work on S. 3rd Street.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street contract change orders and completions, and recommended to approve a change order in the amount of $15,121.37 to Ron’s Electric.

It was moved by Council Member Polovitz and seconded by Council Member Beyer 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CDBG DEMOLITION BUDGET TRANSFERS
ON COST MATRIX

Committee No. 4, Urban Development, reported having considered the matter of CDBG demolition budget transfers on cost matrix, and recommended to approve the plan from Architectural Properties in concept and staff will draft the specific motions to go to a special Urban Development Committee meeting on Monday and then on to the JDA and Council on Monday.

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

AMEND REHAB GRANT PROGRAM IN MALL ZONE

Committee No. 4, Urban Development, reported having considered the matter of amending Rehab Grant Program in mall zone, and recommended to amend the Downtown Rehab Grant Program in the mall zone to allocate specific grant awards and then allocate $160,000 to Sam Silverman, $125,000 to M & S Partnership, $10,000 to Kim Holmes for storefront renovation and $27,000 for interior renovation; all allocations must have a 15% match, be under contract by September 30 and be substantially complete by January 1, 2000; tenants must be pre-approved by the DDC and they must meet Davis/Bacon for the CDBG money.

Committee No. 4, Urban Development, reported having considered the matter of amending Rehab Grant Program in mall zone, and recommended to award a $230,000 rehab grant for renovation of the Berg building for the location of Sanders Restaurant with a 15% match, all Davis/Bacon requirements, to be under contract by September 30 and be substantially complete by January 1, 2000, contingent upon the JDA allowing the sale of the building.

It was moved by Council Member Polovitz and seconded by Council Member Beyer 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE RELEASE OF FUNDS TO JLA FOR OPERA
HOUSE RENOVATION CONTINGENT UPON CONDITIONS

Committee No. 4, Urban Development, reported having considered the matter of funds on Metropolitan Opera purchase and redevelopment, and recommended to release the $250,000 to JLA for the Opera House renovation contingent upon successful negotiated grant agreement which will be brought back to the Urban Development Committee.

It was moved by Council Member Polovitz and seconded by Council Member Beyer 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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ESTABLISH DEADLINE FOR RENTAL REHAB PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of deadline to Rental Rehab Program, and recommended to establish a June 30, 1999 deadline for the Rental Rehab Program.

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

CONSIDER MATTER OF SIX-MONTH EXTENSION
OF RFP FOR SALE OF CONGRESSIONAL PROPERTY

Committee No. 4, Urban Development, reported having considered the matter of six-month extension of RFP for the sale of the Congressional property, and recommended to countermand the former order to send out the RFP for Congressional property and hold until December 31, 1999.

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

MATTER OF EASTSIDE OF SOUTH 3RD STREET

A motion was not presented to the council from the Urban Development Committee which met prior to the city council meeting this evening relative to this matter. Council Member Glassheim reported that the Schoen and Kobetsky proposals had been presented and that they should have some discussion on the terms which are proposed. He stated that they are asking for approval of the general concept with the items listed, however, none of the items are here for final approval

Council Member Babinchak stated if they were discussing the 50% tax abatement for five years and 25% for the next 6 to 10 and was not in favor of that because putting almost $1.2 million into this project, doesn’t see a need for the tax abatement along with it, that City has supported the project and that she likes the concept, but the public dollars going into this project do not warrant having the tax abatement.

Council Member Beyer reported that $625,000 of that money would be spent on these buildings whether we sold them or not, the storefronts have to be brought up, sides of buildings have to be rebricked, etc., and if we don’t do this project we are sitting with buildings that still have to try to do something with.

Council Member Carpenter stated he has two concerns: 1) tax abatement and other 2) taxes to the parking lot in back, that they intend to work with our engineering department and the Corps of Engineers to try to make it work so it doesn’t actually impact our town square park; that through the process they have to go through for the tax exemption that we will be able to develop a policy as to where and when tax exemptions ought to work downtown and because of the historical part of this project, the size and unique aspects of it that there are some grounds for a tax exemption without making a wide open blanket affair to every building downtown.

Council Member Carpenter stated that this matter would have to go through the appropriate committees and come back to council and if there is no way the council wants to do a tax exemption, now is the time to say no because there will be some reliance by these gentlemen on going ahead with this project, and further that they can work out an acceptable policy downtown that will grant an exemption to them of what they are asking.

Michael Maidenberg stated that they did look at the tax exemption as part of the entire package here and felt it was justified given the scope of the package, given the fact that this is going to be a signature development on the east side of 3rd Street overlooking the river, and it is their belief that this is well warranted within the scope of the project.

Bill Schoen, Architectural Property, stated that the issues that are still on the table are the tax abatement and the access to the parking that continue to need to be visited. Council Member Glassheim stated that all of the items have to be drafted into an agreement that will come back.

Mayor Owens asked that all members who were in favor of the general concept to vote “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner - 12; voting “nay”: Council Member Babinchak - 1. Mayor Owens declared the motion carried.

CONSIDER MATTER OF BID OPENINGS FOR 15 AND
25 SOUTH 3RD STREET

Committee No. 4, Urban Development, considered the matter of bid openings for 15 and 25 South 3rd Street, and recommended to hold Terry T. Rogers bid.

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

CONSIDER MATTER OF DOWNTOWN STREETSCAPE
STREET LIGHTS PROCUREMENT BIDS

Committee No. 4, Urban Development, reported having considered the matter of downtown streetscape street lights procurement bids, and recommended that the low bid be awarded to Border States Electric in the amount of $212,633.75.

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 - 13; voting “nay”: none. Mayor Owens declared the motion carried.

EXTEND PURCHASE OPTION WITH PARK DISTRICT
FOR ADDITIONAL FUNDS FOR DOWN PAYMENT ON
GOLF COURSE FOR ONE YEAR

Committee No. 4, Urban Development, reported having considered the matter of request from Park District for additional funds for down-payment on golf course, and recommended that we extend our purchase option for one year.

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

There was some discussion relative to the funding and it was stated that if the City has to purchase Lincoln Park Golf Course it would come from the cost of the dike project because we are purchasing that property in order to put the dike through it.; and that the original $1.6 million came from the CDBG funds but that may be reimbursed into the CDBG fund pool for us to use these funds as a match against the Corps project once we sell the bonds.

Council Member Glassheim explained this is for the purchase of Lincoln Golf Course, the money was taken originally from the purchase of Lincoln Golf Course and they used that money as down-payment for the 313 acres on which they intend to build a new golf course to replace the 18 hole Lincoln Golf Course when the dike takes it. It was noted that Lincoln Golf Course appraised at $2.8, but that has not been validated or totally agreed upon but that is a legitimate appraisal on the table, and City paid $1.8 against the $2.8 million appraisal. He stated that of the $1.8 million they have $700,000 left, that they made their first payment of $1.1 million to purchase the land, and their next payment is due by June 10, for another $1.1 million and they have $700,000 in the bank from our buyout and they were asking for $400,000 more to make the payment; that if we do not give them $400,000 but extend our commitment to purchase the land and act as a safety net under them, they will go and borrow the other $400,000 assuming they will complete their transaction in one or two months and they will make the payment then without our additional money. He stated we do add some additional risk should the whole deal fall through that we might have to buy for $3 million 300+ acres of land. He stated that of the $1.8 original they set aside $1 million to make the first payment and $800,000 to begin to design what was anticipated to be the golf course housing project and the golf course, they did not spend all of the $0.8 million, there are about $50-120,000 worth of costs for design and consulting; they have $700,000 left out of the $800,000 which they originally set aside for design but which is now available for payment on the second installment of buying the property.

Mr. Swanson stated the motion is to extend the purchase option, we do not have a purchase option, that if we had an option it would be a voluntary act on our part, as this would be a mandatory acquisition. He stated there was a joint powers agreement prepared approx. a year ago, and it was noted that is what would be modified, and only modification at this point characterizes the guaranteed purchase by the City would be extended by the City for an additional year.

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

INTRODUCE ORDINANCE TO ANNEX PORTION OF
BIRKHOLZ SEVENTH ADDITION TO THE CITY

The Planning and Zoning Commission reported having considered the matter of the petition from Marvin and Violet Birkholz for approval of an ordinance to annex the easterly 245 feet of Birkholz Seventh Addition to the city of Grand Forks, ND (located south of 17th Avenue South between Lynwood Court and S. 38th Street), and recommended approval of the annexation area.

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

Council Member Klave introduced an ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, the easterly 245 feet of Birkholz Seventh Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF SATROM FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from John Satrom on behalf of Gale Satrom for preliminary approval of the plat of Satrom First Addition to the city of Grand Forks, North Dakota (located in the 3000 block of South Washington Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for July 19, 1999.

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

Council Member Klave introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Satrom First Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE HAAKE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3

The Planning and Zoning Commission reported having considered the matter of request from Kevin Rittermand/Dakota Financial and Development on behalf of Bruce McGregor/US Bank for preliminary approval of an ordinance amending the zoning map to exclude from the HAAKE Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and to include within the HAAKE Planned Unit Development (PUD), Concept Development Plan, Amendment No. 3, (located in the northeastern corner of 13th Avenue South and South Columbia Road), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for July 19, 1999.

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

Council Member Klave introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the HAAKE PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the HAAKE PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT, A TRACT OF LAND LOCATED IN SE QUARTER
OF SECTION 32, TOWNSHIP 152 NORTH, RANGE 50 WEST
OF THE 5TH PRINCIPAL MERIDIAN

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department on behalf of the engineering department for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) district and to include within the I-2 (Heavy Industrial) District a tract of land located in the SE Quarter of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian, and recommended preliminary approval of the ordinance amending the zoning map to introduce the ordinance and to set the date of the public hearing for July 19, 1999.

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

Council Member Klave introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) district and include within the I-2 (Heavy Industrial) District, a tract of land located in the SE-1/4 of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RE. ESTABLISHMENT
OF DOWNTOWN DESIGN REVIEW TEAM

The Planning and Zoning Commission reported having considered the matter of the request from the City Planning Department for preliminary approval of an ordinance amending the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations, Section 18-0311 Downtown Design Review Team, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for July 19, 1999.

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

Council Member Klave introduced an ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations”, which was presented, read and passed on its first reading.

COUNCIL MEMBER BROOKS EXCUSED

CONSIDER MATTER OF PLANNING AND ZONING
2000 BUDGET

The Planning and Zoning Commission reported having considered the matter of Planning and Zoning 2000 budget, and recommended approval of their budget for the Planning and Zoning Department for the year 2000.

It was moved by Council Member Babinchak and seconded by Council Member Hafner to refer this matter to the City budget process. Carried 12 votes affirmative.

COUNCIL MEMBER BEYER EXCUSED

ACCEPT DESIGN AND ARCHITECTURAL AGREEMENT
FOR A TRANSFER CENTER

The Bus Committee reported having considered the matter of the design and architectural agreement of the recommended option for a transfer center, and recommended to tentatively accept the design and architectural agreement for the transfer center

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

SCHEDULE PUBLIC HEARING BEFORE BUS COMMITTEE
RE. INCREASE IN ADULT FARE AND DIAL-A-RIDE USER FARE

The Bus Committee reported having considered the matter of increase in adult fare for city bus to $1.25 with a corresponding rate increase of dial-a-ride user fare to $2.50 and schedule a public hearing, and recommended that a public hearing be scheduled for June 16 at 1:30 p.m. in the council chambers.

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

AWARD CONTRACT FOR SOUND SYSTEM AT
THE AURORA

The Events Center Core Committee reported having considered the matter of award of contract category 24, sound system, and recommended that we award the contract for the sound system in The Aurora to MidStates Audio for $352,000.00.

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

The Events Center Core Committee reported having considered the matter of award of contract category 24, sound system, and recommended that we set aside funding in the amount of the difference between the low bid of $352,000 and the budget amount for this item, $386,682, for additional sound system components.

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

APPROVE PLANS AND SPECEFICIATIONS FOR
BID PACKAGE 8

The Events Center Core Committee reported having considered the matter of approval of Bid Package 8 plans and specs, and recommended that we approve plans and specs. and call for bids on June 15.

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

AUTHORIZE PURCHASE OF BASKETBALL COURT
PLATFORMS FOR THE AURORA

The Events Center Core Committee reported having considered the matter of CIN #135.09 basketball court platforms, and recommended that we approve the purchase of the platforms from GDS-Intercal for $121,917.

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

The city auditor presented the listing of change orders that were approved at the May 26, 1999 Core Committee meeting:

CIN #135.08: add GDS-Intercal’s contract to supply seats in the suites, that this was part of the budget and was bid as an alternate for pricing.
CIN #156.05: to add to Nodak’s contract to purchase and install vomitory lights, $26,000.
CIN #130.02: to add $4,500 to Wanzek’s contract to supply shop drawings for Magic Carpet pit.
CIN #130.03: add $1,536 to Wanzek’s contract and an add of $3,633 to Standard Iron’s contract
to supply and install circus tie-downs in the arena floor.
CIN #156.04: add $931 to Wanzek’s contract to put an additional area on the concourse and suite levels.

COUNCIL MEMBER BROOKS REPORTED BACK

ADOPT 2000 BUDGET RESOLUTION

The city auditor reported that the council members have at their desks the 2000 budget resolution, and the action was moved and seconded for approval by Council Member Glassheim and Council Member Hafner with all members voting in favor: Document No. 7799 - Resolution.

Upon call for the question of adoption of the 2000 Budget Resolution and upon voice vote, the motion carried 12 votes affirmative.

APPROVE VARIOUS APPOINTMENTS

Mayor Owens announced the appointments to the following committees/commissions:

Riverforks Commission: Council Member Glassheim and Sheryl Smith for one year terms.
Housing Authority: Keith Berger to fill unexpired term ending December 10, 2003.
Mayor’s Committee on Employment of People w/Disabilities: Mike Mofbit, Stacia Jacobson and Malia Young for three year terms.

It was moved by Council Member Hafner and seconded by Council Member Babinchak that these appointments be approved. Carried 12 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: CDBG estimates in the amount of $1,329,529.09; 1999 Flood Estimates in the amount of $12,062.29; Monthly Estimate Summary in the amount of $4,131,617.82; and Flood Estimate Summary in the amount of $2,458,784.62; for a total of $7,931,993.82.

It was moved by Council Member Lunak and seconded by Council Member Babinchak 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, Babinchak, Bakken, Hafner - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineering 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. 4435, raw water improvements; Project No. 4463, Sewer District No. 387; Project No. 4557, Paving District No. 551; Project No. 4708, Watermain District No. 259; Project No. 4879, seeding at the landfill; Project No. 4652.135, dike restoration; and Project No. 4654.7, Lift Station Restoration.

It was moved by Council Member Babinchak and seconded by Council Member Klave that these recommendations be and are hereby approved. Carried 12 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 Polovitz presented the matter of mowing - that the City doesn’t do the mowing on the frontage and property owners should be reminded. Health Department will follow up on this.
2) Council Member Brooks presented matter for consideration by the Events Center Core Committee - refer to that committee the discussion of using any excess dollars for the City’s share of 42nd Street interchange.
3) Council Member Brooks presented the matter of contract with Grand Forks Homes for the services of Urban Development and asked for copy of that contract and date of renewal.
4) Mayor Owens announced that Grand Forks/East Grand Forks that she and Mayor Stauss were in Minneapolis at the Partnership Minnesota Conference and were awarded the 1999 Partnership Minnesota Cooperative Public Service Award for work together on flood control project.
5) Mayor Owens presented the matter of contract for fire chief to finance committee for
consideration.
6) matter of request from Crary Homes and Real Estate for lift station and infrastructure for development in 80 acre tract of land south of Adams Drive and east of Belmont Road. referred to public service committee.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that we do now adjourn until Monday, June 21, 1999 at 7:30 o’clock p.m. Carried 12 votes affirmative.

Respectfully submitted,

John M. Schmisek, City Auditor

Approved:
_________________________________
Patricia A. Owens, Mayor