City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 6, 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 Tuesday, July 6, 19998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

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

FLOOD REPORT

Ken Vein, city engineer, gave a brief review of the report that had been presented to all members of the council:

1) Technical Work Update: that Corps of Engineers has completed soil borings along the levee alignment and diversion areas, and cultural resources contractor has completed their work and are presently drafting their report; and contractor who has been working on the standing structures has completed their field report and draft report has been received by the City. He stated major interest is the second draft of the project cooperation agreement has been received for review after comments with the State Water Commissions, etc. and the Corps has transmitted their estimate for modifying the downtown pedestrian bridge to the Historic Commission and State Compliance Officer, and est. cost for the structural modifications required to partially mitigate the hydraulic effects of the bridge is $1.4 million.

2) City Consultants: He stated they are continuing work on the new raw water intake, that Webster, Foster & Weston has been working on the lift station locations (one in the Almonte area, Lift Station #1; and Lift Station #5 near the former St. Anne’s). He stated that Barr Engineering was approved to review alignment alternatives south of town.

3) Project Financing: Mr. Vein reported that the Senate did approve the Energy and Water Appropriations bill which included the $9 million for our project; the House Energy and Water Subcommittee will be marking up their version on the bill on July 15. He also reported that the City received $4.9 in assistance from EPA and still waiting to hear on the $6.5 which is the latest request that we made through EPA.

4) Acquisition Process: He stated that 759 of the estimated 918 parcels needed for the project within the city limits are acquired and have difference as we will continue to work toward acquiring all of the properties that are needed.

5) Greenway: He reported that two open houses and informational sessions are planned on July 13 in the city council chambers and on July 14 in East Grand Forks.

6) Interim Flood Protection Project: Mr. Vein reported that the Historic Commission has notified the City that the Lincoln Park Golf Course may qualify for inclusion on the National Register of Historic Places; that the Corps has been asked to review several additional alternatives as they are trying to work on the impasse between where the temporary alignment of the levee should be through the Lincoln Park Golf Course and hopefully that will go to the next Flood Protection Committee meeting. He stated that our contractors are working on the temporary flood project in the Central Park area and will be taking some bids on the sluice gates in the relative near future. He stated that informal discussions on the status of the Flood Protection project and Greenway with city of Grand Forks state senators and representatives took place on June 24, and are trying to do this on a regular basis to keep our own local legislators informed of the status of our project. He stated that today he spent time with the Pembina County Commission and Water Resource District meeting, and also with the Walsh County Commission and Water Resource District to review status of our project and what those impacts may be for them downstream.

Lonnie Winrich, Historic Commission, stated they haven’t made a definite determination of whether the Lincoln Park golf course is historical, that it may be the oldest golf course in the state, and that there are ten golf courses on the National Register elsewhere in the country, and possible it would qualify. He stated that the criteria that needs to be examined very carefully is whether or not it’s associated with a significant event in the history of the community or a significant person in the history of the community, and possibly have that determination within the next three or four months. The question was raised as to whether the permanent dike would have same effect on the golf course as the temporary dike whether the golf course is historical or not. Mr. Winrich reported that if the current projection for the location of the permanent dike goes ahead it would have an adverse effect on any historical property, that the Corps of Engineers as a federal agency would be required to address the issue of mitigation of that adverse effect; and stated that other mitigation avenues might be to support the development of another golf course, that generally the rule is that the minimum required of mitigation is a documentation of the historical property that is destroyed, beyond that it depends on what the City and the Park Board negotiate with the Corps of Engineers.

CONGRESSIONAL ADVISORY COMMITTEE REPORT

Council Member Hafner reported that the committee has not met since the last council meeting but there are two incentives left as of July 1, 76 houses sold and 52 with purchase agreements, leaving 66 unsold; and that the committee will be meeting July 7.

APPROVE MINUTES

Typewritten copies of the minutes of the regular meetings held on October 19, 1998, April 5, 1999, April 19, 1999, were presented and read. It was moved by Council Member Bouley and seconded by Council Member Beyer that these minutes be approved as read. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3801, TO ANNEX PORTION
OF BIRKHOLZ SEVENTH ADDITION

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 had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing was scheduled for this evening, 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.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO REZONE
AND INCLUDE WITHIN PERKINS 3RD PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, LOTS 2
3, BLOCK 1, PERKINS 5TH ADDITION, TO JULY 19, 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 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 continued until this evening, was presented and read for consideration on second reading.

Mayor Owens called for the public hearing on the ordinance; there were no comments.

It was moved by Council Member Martinson and seconded by Council Member Beyer to extend the public hearing and second reading of the ordinance to July 19, 1999. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE REPLAT OF LOTS 2 AND 3, BLOCK 1, PERKINS
FIFTH ADDITION TO JULY 19, 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 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 continued until this evening, was presented and read for consideration on second reading.

Mayor Owens called for the public hearing on the ordinance; there were no comments.

It was moved by Council Member Klave and seconded by Council Member Bouley to extend the public hearing and second reading of the ordinance to July 19, 1999. Carried 14 votes affirmative.

HOLD PUBLIC HEARING AND DETERMINE
INSUFFICIENCY OF PROTEST AND DIRECT THAT
RESOLUTION OF ANNEXATION OF KANNOWSKI’S
ADDITION AND OTHER PROPERTIES LOCATED ALONG
SOUTH COLUMBIA ROAD, 62ND AVENUE SOUTH AND SOUTH WASHINGTON STREET BE FILED AND
ANNEXATION ACCOMPLISHED

The city auditor reported the proper notice had been placed in the official newspaper publishing the resolution of annexation passed on May 17, 1999 and that the City has provided the required mailed notice to the individual property owners relative to the annexation of all of Kannowski’s Addition and other properties located along South Columbia Road, 62nd Avenue South and South Washington Street, and that the notice called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor reported that his office has received written petitions from property owners: Charles Bateman, Guy Useldinger, Jay and JoAnn Carlson, Zona B. Shanahan Revocable Living Trust, Heitmann Tree Farm, and from Mrs. Sagaser; that the Planning and Zoning Department has calculated the percentage of protest, that the total acres protested are 62.93 acres out of a total of 686 acres or 9.17% of the total acreage of the territory proposed to be annexed and that is an insufficient protest and does not rise to the level of 25%.

Mayor Owens called for the public hearing.

Patrick Fischer, attorney, stated he was appearing to protest on behalf of Georgia Heitmann, Dieter Heitmann and their daughters, Jan and Jill; that he sent a letter of protest to the city auditor with copies to the mayor and all members of the council. He stated that the Heitmann’s will derive no benefit from annexation but incur great expense in the form of taxation and other restrictions, regulations, etc. that are inherent in being part of the city entity. He stated they attended Planning and Zoning Commission meetings, etc. and were assured there would be no concern about annexation until 2015; and asked that the Heitmann property which is Lots 1, 2 and 3 of Haley’s First Subdivision, be excluded in its entirety from the annexation.

Jay Carlson, 6097 South Washington Street, stated they are part of the township and county community and at the time they built, they had to have five acre plots and provide their own sewer and water, now the City wants to encroach upon them and build a golf course; that their horse farm is not set up to be within the city; that the City cannot provide them with normal city services, that the golf course is urban sprawl.

Steve Sagaser, 6249 South Washington Street, stated that if their property was essential to the development of the golf course, it would make sense but an easement already exists along Highway 81 where infrastructure can and will be installed when necessary. He stated that annexing 140 ft. of property would leave him approx. 3 ft. within the County of Grand Forks, and is over 1.3 miles away; that impact of annexation would be an increase of 35% in taxes and that he will not benefit from the annexation and asked council to amend annexation to delete their property.

Pat Sagaser, RR 1, Box 143, or 6249 South Washington Street, protested annexation of their property, that the City doesn’t need the 140 ft. of their land for infrastructure to be put in, as it does have the easement, and City does have jurisdiction over their property (two-or three mile jurisdiction past city limits).

Grant Shaft, attorney, representing Jay and JoAnn Carlson, asked for clarification on recommendation from the Planning and Zoning Commission, with amendment to expand properties. Mr. Swanson stated that the council cannot expand the district for annexation, but the council can reduce the size of the annexation if it chooses to do so by amendment.
Marijo Deitz, 302 40th Avenue South, member of the Planning and Zoning Commission, stated they are discussing property of two families and one business, and would appreciate their taking the time and making the motion to reduce this amount of annexation to exclude these three.

Mayor Owens closed the public hearing.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that a finding of insufficiency of protest to the annexation be entered. Carried 14 votes affirmative.

Council Member Carpenter moved an amendment to the resolution that the Heitmann property would be annexed as of July 1, 2006, that the Carlson property be annexed on July 1, 2009 and the Sagaser property as of July 1, 2009, or the sooner of contiguous development. Council Member Brooks seconded the motion.

Council Member Carpenter explained that if properties adjacent to them develop and if that occurs before these dates, then they would be annexed as of those dates.

After further discussion it was moved by Council Member Hafner to amend the amendment to change the timeframe for the Deiter Heitmann property to 2009 and other two properties to 2014. Council Member Hamerlik seconded the amendment to the amendment.

After further discussion and upon call for the question on the amendment to the amendment and upon roll call vote the following voted “aye”: Council Members Carpenter, Bakken, Hafner, Hamerlik, Bouley, Glassheim - 6; voting “nay”: Council Members Lunak, Klave, Beyer, Babinchak, Martinson, Brooks, Polovitz, Lucke - 8. Mayor Owens declared the amendment to the amendment defeated.

It was then moved by Council Member Lucke to adopt the original Planning and Zoning Commission’s recommendation (on May 17, 1999), with boundaries in a map referenced in previous minutes (with the property as shown on Exhibit E in green would be annexed immediately, the property colored in lavender would be annexed in 2015 and the property as shown in light tan or yellow would be annexed in 2020 or annexed earlier if developed prior to 2015 and 2020. Council Member Martinson seconded the motion.

Dennis Potter, city planner, reviewed the Planning Commission’s recommendation which was to annex area in green (coming down Columbia Road to just south of the intersection of Columbia Road and 47th Avenue South) to annex Columbia Road down to 62nd Avenue South, 62nd Avenue South east to South Washington and come up South Washington including all the South Washington Street right of way, new Presbyterian Church, the sewer lift station and continue and take northbound on South Washington, take the 140 ft. on the east side of South Washington, the drainage ditch and the current adjacent property by it be annexed immediately; that in the year 2015 the Heitmann property and the property that lies immediately to the east and the rest of the property would be taken in the year 2020 and that would include property coming around to the south of the Presbyterian Church down the east side of Washington, including the 140 ft. of the Carlson property and 140 ft. of the Sagaser property, and everything south of 62nd Avenue South for a distance of 140 ft. would be taken in the year 2020 and then coming up the west side of Columbia to just south of 47th Avenue South in 2020 or whenever development occurs. It was noted that this includes all of the right of way on Columbia Road to the intersection of 62nd Avenue South, all the right of way on 62nd Avenue South, and then the right of way on South Washington up to the south city limits, right of way would be annexed immediately.

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

It was then moved by Council Member Glassheim to amend the motion that we further amend the Planning and Zoning Commission recommendation to add the 140 ft. on the street rights of way and exclude the three properties that were discussed (Heitmann, Carlson and Sagaser). Council Member Hamerlik seconded the amendment.

Mr. Potter reported that they originally proposed the 140 ft. and everybody in the annexation process has been on notice, including the notice that was officially sent out by the city auditor’s office of the possibility of annexing that strip of 140 ft., which is legally on the table; that the discussion before the city council is essentially how much of that area that has been recommended to you by the Planning Commission is the council going to approve and under what time and circumstances.

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

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

Upon call for the question on the original motion, as amended, (on the time frame as recommended from Planning and Zoning with the area changed to add an additional 140 ft. excluding three parcels and also an addition based upon the first amendment, upon contiguous development criteria) and upon roll call vote the following voted “aye”: Council Members Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer - 14; voting “nay”: none. Mayor Owens declared the motion carried and that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation with appropriate map.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 570, PROJECT NO. 4940

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 570, Project No. 4940, paving on 45th Avenue south from 20th to 25th Streets and on South 25th Street from 45th to 47th Avenue South, had expired on July 1, 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. 7820 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest against Paving District No. 570, Project No. 4940, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 4940, DISTRICT NO. 570

The city auditor presented and read the tabulation of bids which had been received and opened on June 28, 1999 for Paving Project No. 4940, District No. 570, paving 45th Avenue South from 20th to 25th Street and South 25th Street from 45th to 47th Avenues South, indicating that Valley Contracting was the low bidder based upon their bid in the amount of $252,900.75: Document No. 7821 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 4940, District No. 570, in the amount of $321,200.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4940, District No. 570, paving 45th Avenue south from 20th to 25th Streets and South 25th Street from 45th to 47th Avenues South, and recommended to accept the low bid of Valley Contracting in the amount of $252,900.75.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7822 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4940, District No. 570, to Valley Contacting be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

CONTINUE PUBLIC HEARING ON RESOLUTION
OF NECESSITY FOR PAVING DISTRICT NO. 568,
PROJECT NO. 5019, TO JULY 19, 1999

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 568, Project No. 5019, paving on South 26th Street from 36th to 37th Avenues South, on July 1, 1999, and that he had received no written protests. However, it was reported that the bid opening had been extended to July 12, 1999 and we should give the property owners an opportunity to see the bids and the cost of the project. It was moved by Council Member Babinchak and seconded by Council Member Klave that the hearing on the determination of protests be and is hereby continued to July 19, 1999. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 569, PROJECT NO. 5022
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 569, Project No. 5022, paving alley in 900 block between South Washington Street and South 12th Street, had expired on July 1, 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. 7823 - 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 Paving District No. 569, Project No. 5022, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5022, DISTRICT NO. 569

The city auditor presented and read tabulation of bids which had been received and opened on June 28, 1999 for Paving Project No. 5022, District No. 569, paving alley in 900 block between South Washington Street and South 12th Street, indicating that Opp Construction, LLC was the low bidder based upon their bid in the amount of $14,166.00: Document No. 7824 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5022, District No. 569, in the amount of $18,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 5022, District No. 569, paving alley in 900 block between South Washington and South 12th Streets, and recommended to accept the low bid of Opp Construction, LLC in the amount of $14,166.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7825 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5022, District No. 569, to Opp Construction, LLC be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 572, PROJECT NO. 5030

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 572, Project No. 5030, paving in Rivers Edge Phase II, had expired on July 1, 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 Klave introduced the following resolution as to protests which was presented and read: Document No. 7826 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 572, Project No. 5030, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS , ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5030, DISTRICT NO. 572

The city auditor presented and read tabulation of bids which had been received and opened on June 28, 1999 for Paving Project No. 5030, District No. 572, paving Rivers Edge Phase II, indicating that Valley Contracting was the low bidder based upon their bid in the amount of $69,961.55: Document No. 7827 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 5030, District No. 572, in the amount of $88,900.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5030, District No. 572, paving Rivers Edge Phase II, and recommended to accept the low bid of Valley Contracting in the amount of $69,961.55.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7828 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5030, District No. 572, to Valley Contracting be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Bouley and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.

Finance Committee:
1) matter of 1998 Comprehensive Annual Financial Report.

Urban Development Committee:
1) matter of request for extension of Phase III Rehab Program
2) matter of South 3rd Street change orders
3) matter of Mortenson change orders
4) matter of authorization to advertise for bids for abatement of Elks Condo Properties
5) matter of authorization to use CDBG funds allocated to School District acquisition for abatement and demolition of same properties
6) matter of authorization to demolish house at 609 South 5th Street with CDBG funds
7) matter of authorization to demolish house at 615 South 5th Street as a separate CDBG project

REPORTS OF OFFICERS

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

APPROVE BILLS

Vendor Payment Listing No. 99-11, dated July 6, 1999, and totaling $1,795,546.30, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

SUSPEND AGENDA

Council Member Hamerlik moved that we dispense with the reading of the motions and/or any of the recommendations unless a council member requests such to be read or pulled or if the minutes weren’t distributed last Friday or a meeting held recently and also request that if any member of the audience wishes something to be pulled, to be recognized and if acceptable to the chair. Council Member Hafner seconded the motion. Carried 14 votes affirmative.

Mayor Owens asked if there were any items under any of the committees that the council wishes to send back to committee prior to going through the agenda items.

John Warcup, 3301 Desert Star Lane, stated he was here in behalf of his father, Alan Warcup, 4404 16th Avenue North Circle and Craig Tweten, Community Contractors, concerning agenda item 7-25 c), plans and specifications for Storm Sewer Project No. 4582, District No. 380, storm sewer project for 16th Avenue North and 16th Avenue North Circle, and asked that this matter be referred back to committee so that various property owners in that area could meet with the committee and have input as far as the project and scope and what will be done in that area. Council Members Hafner and Klave asked that this matter be referred back to committee.
APPROVE APPLICATION FOR ABATEMENT OF
1998 TAXES AT 2450 SOUTH 38TH STREET

Committee No. 1, Finance, reported having considered the application for abatement of 1998 taxes by Laura Brueske, 2450 South 38th Street, and recommended approval of an abatement of 1998 taxes on 2450 South 38th Street from April 1 to the end of the year.

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

APPROVE HEALTH SANITATION JOB DESCRIPTIONS

Committee No. 1, Finance, reported having considered the matter of health sanitarian job descriptions, and recommended to approve the recommendations of the Environmental health Sanitarian I and II job descriptions as recommended.

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

APPROVE CHANGE TO GUIDELINES FOR PROPERTY
TAX EXEMPTIONS OF IMPROVEMENTS TO COMMERCIAL
AND RESIDENTIAL BUILDINGS

Committee No. 1, Finance, reported having considered the matter of possible changes to the guidelines for property tax exemptions of improvements to commercial and residential buildings, and recommended to modify the guidelines based on Mr. Carsen’s recommendation that we change the new addition language from “shall not” to “would” and that no other changes be made.

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

AUTHORIZE PURCHASE OF Y2K GENERATOR
FOR POLICE BUILDING

Committee No. 1, Finance, reported having considered the matter of Y2K generator for police building, and recommended to authorize going out for bids for purchase or lease of a 400 kw generator for the police department.

Committee No. 2, Public Safety, reported having considered the matter of Y2K generator for police department, and recommended to proceed with the purchase of a 400 kw generator for the police building.

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

APPROVE CONTRACT WITH LANGUAGE THAT
ANNUAL INCREASE BE NEGOTIATED WITH MAYOR
ON ANNIVERSARY DATE OF AGREEMENT WITH
FINAL APPROVAL OF COUNCIL SUBJECT TO AN
ACCEPTABLE PERFORMANCE REVIEW

Committee No. 1, Finance, reported having considered the matter of contract for fire chief, and recommended approval of the contract with the language that the annual increases shall be negotiated with the Mayor on the anniversary date of this agreement with final approval from the city council with all increases conditioned upon an acceptable performance review.

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

Council Member Babinchak stated she had proposed an amendment at the committee meeting which was voted on with a tie vote and was not forwarded to council, and moved the amendment to the salary clause in the contract to include that “annual increases shall be negotiated with the mayor and the chairs of finance and public safety committee on the anniversary date of this agreement with final approval from city council with all increases contingent upon performance review.” and that the Budget Framework negotiates the raises with the other employees under Civil Service and wanted to bring more continuity when it comes to the committee. Council Member Brooks seconded the motion.

Council Member Carpenter urged defeat of the amendment, that the Mayor negotiated this contract with Mr. O’Neill in good faith and should allow the mayor to determine if the performance has been there and what the compensation should be to that department head who’s now under a contract basis, should put more prerogative in the executive branch as they deal with daily operations of the city and should reserve that ability to the mayor. It was noted that provision is not in any of the other contracts.

Council Member Hamerlik stated that at the finance committee meeting they were discussing that it was in consultation rather than as a negotiating team of three people; Council Member Babinchak stated that the mayor would consult with the two committee chairs.

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

Upon call for the question on the original motion, and upon voice vote, the motion carried 10 votes affirmative; Council Members Babinchak and Beyer voted against the motion.

INTRODUCE TECHNICAL CORRECTIONS
ORDINANCE AMENDING SPECIFIC SECTIONS
OF THE CIVIL SERVICE CODE

Committee No. 1, Finance, reported having considered the matter of technical corrections ordinance amending specific sections of the Grand Forks Civil Service Code, and recommended approval of the technical corrections packet as amended requiring the mayor to consult with department heads before there is movement across departments and introduce for first reading.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.

Council Member Carpenter stated this is a technical corrections ordinance and relates to discussion that occurred in finance committee as amendment to the Civil Service Code that relates to negotiations with Mr. O’Neill for the fire chief position and a request from him and the mayor to amend the Code to allow his going back on the re-employment register under certain conditions, in effect if he vacated the fire chief’s position; and moved to amend the Civil Service Code sections 6-0514(b)(4) to include the following language, “…Current Civil Service employees who accept an appointment to a contracted position with the City of Grand Forks shall be placed on the re-employment register and be considered for a maximum of the two most recent positions formerly held in the Civil Service system. The effective date of the re-employment certification will be the date that the position is vacated.” Council Member Hafner seconded the motion.

Mr. Swanson reported that the re-employment register is dependent upon an opening, this motion changes in two aspects the re-employment register that does not exist now, the motion before you is a mandatory re-instatement on the re-employment register, and there is no discretion by any individual except upon request by that contracted employee, that right now the only way you can get on the re-employment register is if your department head approves it, but also requires concurrence of the mayor. Under the motion, the mayor would have no say nor would a department head have any say if it were a contract employee below the level of department head. The second change from present policy is that the present Code only allows you to re-employ to the former position in the Civil Service Code, this amendment allows you to go to two most recent positions you held, and if there is no opening, there is no re-employment, and if there is an opening anytime within that one year period of time, they have the highest priority.

Mr. Swanson stated it will apply beyond department head level, that it is his opinion that this would apply to any SNA employee that presently is under contract with the City that had previously left a civil service position, they would now have the ability to go on a re-employment register for their past two positions but would not apply to somebody hired from the outside under a contract that had not previously held a civil service position.

Mr. Swanson stated that any employee on a re-employment register will have preference and if there are multiple employees on the same re-employment register they will be ranked in order of seniority. Council Member Bakken stated that he supported the motion but that he didn’t want it to go to other SNA positions but just pertain to contracted department heads. He stated they have two contract positions because don’t feel that civil service is working properly, that should change civil service and not hire through contract.

Mr. Swanson stated he had some concerns with language in the motion, that it has a different context and different syntax than what the present chapter of provisions for re-employment registers; and wouldn’t include it as subsection (4), should be included higher so has some editing concerns; and the other thing that the committee did not address, is the one year and whether that was to be extended, there is a provision in the code where that year can be extended or if terminating at the end of the year; and that would be allowed to be extended under Section 6-0515 by the civil service commission, that extension is left to the discretion of the civil service commission.

It was moved by Council Member Babinchak and seconded by Council Member Lucke to send the entire technical corrections ordinance back to committee. Upon roll call the following voted “aye”: Council Members Martinson, Lucke, Hamerlik, Babinchak - 4; voting “nay”: Council Members Bakken, Hafner, Brooks, Polovitz, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer - 10. Mayor Owens declared the amendment defeated.

Upon call for the question on the first amendment by Council Members Carpenter and Hafner and upon roll call vote, the following voted “aye”: Council Members Hafner, Martinson, Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken; - 12; voting “nay”: Council Members Hamerlik, Babinchak - 2. Mayor Owens declared the amendment carried.

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

Council Member Beyer introduced an ordinance entitled “A technical corrections ordinance amending specific sections of Chapter VI of the Grand Forks City Code relating to the Civil Service System”, which was presented, read and passed on its first reading.

It was moved by Council Member Klave and seconded by Council Member Beyer to refer this matter back to the finance committee for further consideration. Carried 14 votes affirmative.

MAYOR OWENS CALLED FOR 5-MINUTE RECESS

It was moved by Council Members Polovitz and Martinson to recess for 5-minute. Carried 14 votes affirmative; meeting recessed at 10:10 p.m.

Mayor Owens called the meeting back to order, with all members present.

INTRODUCE ORDINANCE RELATING TO CONDUCT
OF COUNCIL MEETINGS

Committee No. 1, Finance, reported having considered the matter of change in council meeting process and/or procedures, and recommended approval of the ordinance as presented and to introduce for first reading.

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

Mr. Swanson reviewed the ordinance, and stated that the majority of the contents of the ordinance deals with some housekeeping items of the Code and pointed out some substantive changes: that no title and committee recommendation except upon request of the city council members would be read He stated that the present practice is the presumption that both the title and recommendation would be read unless there’s a motion to suspend the agenda; the next substantive change appears under Section VII dealing with consent agenda which would allow council to approve a consent agenda in substance if you found that the items were routine and non-controversial nature, and council could upon initial approval without even sending it to committee, take action and approve it, or could refer items off the consent agenda to committee as do now. He stated that other items that would be new to the Code but are not changes in your practice: express authority for delegation of authority to committees, committee of the whole, department heads, special committees, etc.; and another section provides that the minutes can be approved without formal reading, and section dealing with public meetings codified by referral NDCC 44-04 dealing with public meetings and public records. He stated they attempted to bring
the current Code up to current practice.

Council Member Lucke asked if it would be incumbent upon somebody to write agenda items more descriptively so individuals would know if want to enter into discussion. The city auditor stated that they would look at that but sometimes the timing of information received and getting agenda prepared makes this fairly difficult.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance amending portions of Section 2-0301 of the Grand Forks City Code relating to conduct of council meetings”, which was presented, read and passed on its first reading.

CONSIDER BIDS FOR SALE OF PROPERTY AT 1518
MILL ROAD AND 1520 NORTH 6TH STREET

Committee No. 1, Finance, reported having considered the matter of consideration of bids for sale of property at 1518 Mill Road and 1520 North 6th Street, and recommended that we reject the bid of $10,000 from Melby Construction.

Committee No. 1, Finance, reported having considered the matter of bids for sale of property at 1518 Mill Road and 1520 North 6th Street, and recommended to accept the offer of Melby Construction for $60,000 for 1518 Mill Road and reject the offer of $20,000 for 1520 North 6th Street, contingent upon buyer receiving a conditional use permit to allow temporary usage as described in Phase I of the development plan and securing acceptable bank financing.

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

Council Member Carpenter stated that council is selling the property and that owner would have to get a conditional use permit to use it in the manner they want and asked if conditions on the conditional use permit as to outside storage, etc. Mr. Swanson stated that the appropriate place to do that would be in the context of the conditional use permit, both as to the particular uses that would be permitted and length of time for those permitted uses.

There was some discussion as to enforcement of conditional use permit; Mr. Swanson stated that if the Inspections Committee writes a report that the terms of the conditional use permit requirements are not being met, they can litigate that, can win a judgment but you may have to allocate funds to acquire equipment, staff, etc. to go in and clean it up.

Lonnie Laffen, 3549 15th Avenue South, co-owner of Melby Construction Services, stated they are looking for a place to relocate their construction shop and if they can relocate it into this building temporarily, it allows them to acquire it, get some equity built up into it so they can renovate it at the end of the temporary usage to apartments or multi-family housing. He stated they take great pride in the project that they do in the community and wrote into their bid, guaranteed that they would store nothing outside and no construction activities outside; that they can fit everything they need to do inside, and made that guarantee in the their bid.

Mr. Swanson questioned whether they discussed the contents of the purchase agreement with respect to environmental warranties, that there are no environmental warranties, and if element of negotiation or bid, etc. and it was stated that the committee did not discuss that. He stated that an environmental assessment should be done by any potential buyer and that would be at their cost, not the City’s cost. Council Member Babinchak stated that the contract should be drafted by his office.

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, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR CARNIVAL PERMIT
BY GREATER GRAND FORKS FAIR & EXHIBITION ASSN.

Committee No. 2, Public Safety, reported having considered the application for carnival permit by Greater Grand Forks Fair & Exhibition Assn. for July 15-20, 1999, and recommended to approve the application for carnival permit for July 9 to 20, 1999.

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

APPROVE REQUEST BY POLICE DEPARTMENT TO
LEASE/PURCHASE VEHICLES

Committee No. 2, Public Safety, reported having considered the request from police department to lease 2 Ford Explorers and purchase one parking enforcement vehicle, and recommended authorization to purchase two Ford Explorers on a three-year lease at $18,182.35, with total lease expenses to be $54,547.00, and to purchase a Cushman vehicle for parking enforcement in the amount of $15,995.00.

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

APPROVE GRANT AGREEMENTS WITH STATE
HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with the State Health Department, Maternal Child Health (MCH) Grant, and recommended to approve the grant agreement in the amount of $74,032.00 for period July 1, 1999 through June 30, 2000.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with the State Health Department, Assurance for Federal Financial Assistance Agreement, and recommended authorizing entering into the agreement for period July 1, 1999, to June 30, 2001.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement with State Health Department, Care Coordination Grant Agreement, and recommended to approve the grant agreement for the period July 1, 1999 to June 30, 2000, in the amount of $25,000.00.

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

AUTHORIZE ALLOCATION OF FUNDS FOR FIRE TRUCK

Committee No. 2, Public Safety, reported having considered the request for fire truck, and recommended to authorize allocation of funds out of the Loan & Stabilization Fund for the fire truck.

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

APPROVE BUDGET AMENDMENT

A request for transfer of Health Department budget in the amount of $896.00 to reflect unanticipated Children’s Services Coordinating Committee (CSCC) Revenue and recommended approval. It was moved by Council Member Bouley and seconded by Council Member Bakken that this amendment be and is hereby approved. Carried 14 votes affirmative.

APPROVE DELAY IN SIDEWALK CONSTRUCTION
AT 1398 SOUTH 38TH STREET

Committee No. 3, Public Service, reported having considered the request to delay sidewalk construction at 1398 South 38th Street, and recommended to approve delay in sidewalk construction for one year.

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

ACCEPT BID FOR BIO-SOLID REMOVAL IN PRIMARY
PONDS

Committee No. 3, Public Service, reported having considered the matter of bids for bio-solid removal in primary ponds, and recommended to accept the bid of Mini-Dredge, Inc. in the amount of $2,200 mobilization/demobilization and $144.00 dredging per hour.

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

ACCEPT BID FOR LAWN MOWER FOR STREET
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for lawn mower, and recommended to accept the low bid of North Star Turf contingent upon meeting specifications, bid in the amount of $11,750.00.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment in the Wastewater Utility in the amount of $25,000 to purchase spare parts in preparation of Y2K problem, was presented and read. It was moved by Council Member Klave and seconded by Council Member Hafner that this budget amendment be approved. Carried 14 votes affirmative.

REFER MATTER OF CITY-OWNED PROPERTY AT
CLUB MEDVIEW CONDO ASSN. TO FINANCE OFFICE

Committee No. 3, Public Service, reported having considered the matter of City-owned property at Club Medview Condo Association, and recommended to refer this matter to the finance office to aggressively market and sell this piece of property.

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

AUTHORIZE ENTERING INTO CONSTRUCTION
AND MAINTENANCE AGREEMENT WITH GRAND
FORKS TOWNSHIP BOARD, PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the matter of construction and maintenance cost agreement with Township Board for Project 4886, paving South Columbia Road from 47th to 62nd Avenue South, and recommended to enter into construction and maintenance agreement with Grand Forks Township Board.

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

AUTHORIZE REQUEST FOR PROPOSALS FOR
ENGINEERING SERVICES FOR PAVING PROJECT

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for paving 42nd Street from University Avenue to 29th Avenue South, and recommended to approve request for proposals for engineering services.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4806, MILL ROAD REHABILITATION

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (construction administration), KBM, Project No. 4806, Mill Road Rehabilitation (CDBG), and recommended to authorize entering into the engineering services agreement with KBM, Inc., subject to engineering department review.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 5042, PIPING MODIFICATIONS AT
7MG RESERVOIR

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering), Advanced Engineering, Project No. 5042, piping modifications at the 7MG reservoir, and recommended to authorize entering into the contract with Advanced Engineering in an amount not to exceed $15,000.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4973, WATERMAIN REPLACEMENT
LOOP

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering), Advanced Engineering, Project No. 4973,watermain replacement loop on North 15th Street and 8th Avenue North, and recommended to authorize entering into the agreement for engineering services in an amount not to exceed $143,000, subject to engineering department review.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4757, DOWNTOWN CURB AND
GUTTER REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (construction administration), Advanced Engineering, Project No. 4757, Downtown Curb and Gutter Replacement (CDBG), and recommended to authorize entering into the agreement with Advanced Engineering for engineering services for construction administration in an amount not to exceed $24,610.00, contingent upon engineer’s review.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4990, MAPPING AND GIS SERVICES

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering), Greater Forks Engineering Group, Project No. 4990, Mapping and GIS Services (CDBG), and recommended to authorize entering into the engineering services agreement with Greater Forks Engineering Group in an amount of not to exceed $100,000, contingent upon engineer’s review.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4988

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 (appraisal services), Greater Forks Engineering Group, Project No. 4988, Southend Clay Borrow Sites (CDBG), and recommended to authorize entering into Amendment No. 1 to the engineering services agreement in an amount not to exceed $11,500.00, subject to engineering department review.

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

APPROVE AMENDMENT NO. 1A TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4988

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1A (general coordination), Greater Forks Engineering Group, Project No. 4988, Southend Development Projects (CDBG), and recommended to approve Amendment No. 1A to the engineering services agreement in the amount of not to exceed $10,000, contingent upon engineer’s review.

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

APPROVE AMENDMENT NO. 25 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4797.3

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 25 (staking services), Greater Forks Engineering Group, Project No. 4797.3, Southend Development Projects (CDBG), and recommended to authorize entering into Amendment No. 25 to the engineering services agreement in an amount not to exceed $15,000, contingent upon engineer’s report.

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

APPROVE AMENDMENT NO. 26 TO ENGINERING
SERVICES AGREEMENT FOR PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 26 (construction administration), Greater Forks Engineering Group, Project No. 4886, paving South Columbia Road from 47th to 62nd Avenues and from 34th to 36th Avenues South (CDBG), and recommended to authorize entering into Amendment No. 26 to the engineering services agreement in an amount not to exceed $27,900.00, contingent upon engineer’s review.

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

APPROVE AMENDMENT NO. 27 TO ENGINEERING
SERVICES AGREEMENT FOR SOUTHEND DEVELOPMENT
PROJECTS

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 27 (final contract price adjustment), Greater Forks Engineering Group, Southend Development Projects (CDBG), and recommended to authorize entering into Amendment No. 27 to the original engineering agreement, contingent upon engineer’s review.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4784, SOUTHEND WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4784, Southend Water Tower (CDBG), and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 5045, DECOMMISSION OF TEMPORARY
FAMILY HOUSING

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5045, Decommission of Temporary Family Housing, and recommended to approve plans and specifications and authorize call for bids.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4930, DISTRICT NO. 571

The city engineer’s estimate of total cost of the construction of paving alley in 100 block between North 3rd and North 4th Streets in the amount of $47,149.20, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4930, District No. 571, pave alley in the 100 block between North 3rd and North 4th Streets, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7829 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4863, RESTORE SANITARY SEWER
AREA 3

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for
Project No. 4863, restore sanitary sewer Area 3 (CDBG), and recommended to approve plans and specifications and authorize call for bids.

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

AWARD CONTRACT FOR PROJECT NO. 4862, RESTORE
STORM SEWER AREA 1

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4862, Restore Storm sewer Area 1 (CDBG), and recommended to accept the low bid of Robert Gibb & Sons in the amount of $6,971,606.00.

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

AWARD CONTRACT FOR PROJECT NO. 4849,
SANITARY PUMP STATION #40

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4849, Sanitary Pump Station #40 (CDBG), and recommended to accept the low bids as follows: Schedule B, General Construction: Industrial Contract Services, Inc. in the amount of $528,700.00; Schedule B, Mechanical: McFarlane Sheet Metal in the amount of $17,650.00; and Schedule B, Electrical, Hanson Electric of Bemidji, Inc. in the amount of $188,318.00.

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

AWARD CONTRACT FOR PROJECTS NOS. 4926 AND
5017, SANITARY SEWER

Committee No. 3, Public Service, reported having considered the matter of construction bids for Projects Nos. 4926 and 5017, sanitary sewer on 55th Avenue South from Washington Street to Pump Station #39 and on 36th Avenue South and South 26th Street (CDBG), and recommended that we allow Kenko, Inc. to withdraw their bid; and further to accept the bid of Dakota Underground Company, Inc. in the amount of $1,021,090.00.

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

AWARD CONTRACT FOR SANITARY SEWER
PROJECT NO. 4957,
Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4957, sanitary seer on South 42nd Street from 17th to 29th Avenues South (CDBG), and recommended to return the bid of Schipper Construction unopened; and further to accept the low bid of Duckstad Contracting in the amount of $330,680.00.

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

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

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

AWARD CONTRACT FOR SEWER PROJECT NO. 4904
AND WATERMAIN PROJECT NO. 4923

Committee No. 3, Public Service, reported having considered the matter of construction bids for Projects Nos. 4904 and 4923, sanitary sewer on 47th Avenue South from Cherry Street to South 11th Street and watermain on 47th Avenue South from Washington Street to Chestnut Street (CDBG), and recommended that we award the bid to Industrial Construction Services, Inc. in the amount of $385,475.00, based on our consulting engineer’s and city engineer’s recommendations
to this committee.

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

It was moved by Council Member Babinchak and seconded by Council Member Klave to reject the bid of Badger Construction because of failure to provide non-collusion affidavit which is a federal requirement. Carried 14 votes affirmative.

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

ACCEPT BID FOR WATERMAIN PROJECTS NOS.
4882, 4880 AND 5026

Committee No. 3, Public Service, reported having considered the matter of construction bids for Projects Nos. 4882, 4880 and 5026, watermain on 62nd Avenue South from Columbia Road to Washington Street, watermain on South 20th Street from 47th Avenue South to 51st Avenue South, and watermain on South Columbia Road from 47th to 62nd Avenue South (CDBG), and recommended to accept the low bid of United Crane & Excavation, Inc. in the amount of $571,887.50.

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

ACCEPT BID FOR PAVING PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4886, paving South Columbia Road from 47th to 62nd Avenues and from 34th to 36th Avenues South (CDBG), and recommended to accept the low bid of Nodak Contracting in the amount of $484,847.55.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4768

Committee No. 3, Public Service, reported having considered the change order for Project No. 4768, Storm Pump Station #84, Schedule B General, C.O. #5 (CDBG eligible), Wanzek Construction, Inc., contractor, deduct of $3,290.00 to delete concrete and gravel driveway, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4669.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.1, Southend Drainway, Phase 1B, C.O. #5, Kern & Tabery, Inc., contractor, deduct of $6,222.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT 4225.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.2, paving South Washington Street from 32nd to 40th Street, C.O. #3, Strata Corporation, contractor, deduct of $61,000.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4655.1

Committee No. 3, Public Service, reported having considered the change order for Project No. 4655.1, paving South Washington Street from 26th to 32nd Avenue South, C.O. #2, Strata Corporation, contractor, increase $61,000.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4655.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4655.2, pedestrian underpass on South Washington Street near 32nd Avenue South, Change Order #1, Strata Corporation, contractor, $240.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4841

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4841, Outdoor Siren Alerting System, C.O. #1 (CDBG), to remove $10,000 allowance amount, and recommended that we approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4926

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station #39, C.O. #1 (CDBG), Dakota Underground Co., Inc., contractor, $49,550.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4836

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4836, storm sewer on Belmont road from 52nd to 55th Avenues South, C.O. #2 (CDBG), Soberaski, Inc., contractor, $7,500.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4719

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, restore sanitary sewers in Area 2, C.O. #6 (CDBG), Lametti & Sons, Inc., contractor, 30-day extension of completion date, and recommended to approve the change order to grant a 30-day time extension with new completion date of August 29, 1999.

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

APPROVE CONCEPT PLAN FOR GRANITOIL
PAVEMENT MITIGATION

Committee No. 3, Public Service, reported having considered the matter of granitoid pavement mitigation, and recommended to approve concept plan as follows: 1) the amount of granitoid pavement subject to laws and regulations relating to historic preservation would be limited; 2) the granitoid pavement identified for preservation would be restored to the maximum historical integrity possible and the City of Grand Forks would commit to preservation and maintenance of the granitoid in that condition; 3) the granitoid preservation project would be an educational and cultural resource and efforts could be made to enhance its value as a tourist attraction and historical feature of Grand Forks.

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

Council Member Beyer stated she had concern from members of committee on the Minnesota/4th Avenue South Corridor Study, and asked what effect this would have with regard to the pavement design that was agreed upon in Minnesota and 4th Avenue South (concerns in that committee were widening of the streets, pavement design, sandstone curbs, corner design to keep it the way it is) and if there was a way to look at this agreement and still look at Minnesota and 4th. Lonnie Winrich, coordinator, Grand Forks Historic Preservation Commission, stated this would be a re-negotiation of all of the agreements pertaining to granitoid; and that what he asked the public service committee to approve and what’s before the council tonight is approval in concept and that concept embodied the three points in the recommendation. He stated that there is no specification of which granitoid would be preserved.

COUNCIL MEMBER MARTINSON EXCUSED

Mr. Vein stated he sees these as two separate issues, and that they may have to revisit everything that was discussed and agreed on earlier because time frame, details changed with flood and with what this agreement means for us. He stated they would go back and look at traffic analysis now compared to then, different projections, and made sure met all federal design standards for the intersection of Minnesota and 4th and if appropriate design, would stay with it and not sure that everything that was worked with then is agreeable in the future when they get into that design.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

COUNCIL MEMBER MARTINSON REPORTED BACK

APPROVE EXTENSION RENTAL REHAB PROGRAM
FOR STAFF RECOMMENDATIONS

Committee No. 4, Urban Development, reported having considered the matter of Rental Rehab Program, and recommended to extend to July 13 for staff recommendations.

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

APPROVE CHANGE TO COMMERCIAL REHAB GRANT

Committee No. 4, Urban Development, reported having considered the matter of change to Commercial Rehab Grant, and recommended to transfer the name to Jon Nielsen from Dacotah Building, Inc. and that duplication of benefits apply to any grants applied for in the Dacotah Building, Inc. name.

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

Committee No. 4, Urban Development, reported having considered the matter of change to Commercial Rehab Grant, and recommended funding $139,790 ($119,790/interior and $20,000/exterior) for the St. John’s Block Annex and recommend transferring that amount from the demolition account to the rehab account.

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

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter Mortenson change orders, and recommended approval of change order to Lee Davis Electric in the amount of $16,588 (it will be assigned to appropriate tenant accounts as recommended)

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Construction Engineers in the amount of $782 (JLA cost).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Construction Engineers in the amount of $3,679,
Meide had some deficient work and they will be charged for this.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of deductive change order to Construction Engineers in the amount of ($59,544).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to T.F. Powers Construction in the amount of $1,529.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Hanson Electric in the amount of $5,280.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to NOVA Fire Protection in the amount of $1,210.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Associated Plumbing and Heating in the amount of $3,701.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Construction Engineers in the amount of $5,013.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of change order to Construction Engineers in the amount of $19,725.

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

APPROVE SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street demolition change orders, and recommended approval of a change order to Terry T. Rogers Construction (Bid Package 12) in the amount of $28,101.70.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval of a change order to Cameo Homes, Inc. (Bid Package 14) in the amount of $3,336.47.

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

APPROVE STOREFRONT FOR 28 AND 31 SOUTH
3RD STREET
Committee No. 4, Urban Development, reported having considered the matter of storefronts: 28 and 31 South 3rd Street, and recommended approval to accept the bid from Cameo Homes in the amount of $59,431.50 for the storefront and side entrance of 28 south 3rd Street (old Penney’s building).

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

CONSIDER MATTER OF CONTRACTS FOR
PURCHASE AND REMOVAL OF HOUSES

Committee No. 4, Urban Development, reported having considered the matter of contracts for purchase and removal of houses, and recommended approval to return the bonds on the three referenced situations and tighten the policy internally.

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

RECEIVE AND FILE MATTER OF SALE OF HISTORIC
HOUSES TO BE MOVED

Committee No. 4, Urban Development, reported having considered the matter of sale of historic houses to be moved, and recommended to receive and file.

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

APPROVE ENGINEERING CONTRACT FOR
DEACTIVATION OF TEMORARY HOUSING SITE

Committee No. 4, Urban Development, reported having considered the matter of approval of engineering, design, and procurement of deactivation of temporary housing site, and recommended to approve the engineering contract with CPS on an hourly basis not to exceed $43,415 for the deactivation of the temporary housing site.

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

CONSIDER MATTER OF PHASE IV SURPLUS
PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of Phase IV surplus properties, and recommended approval to continue the policy of renting Phase IV and IA acquired homes.

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

APPROVE EXTENSION REQUEST FOR VOLUNTARY
BUYOUT PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of extension requests for voluntary buyout program, and recommended approval to grant an extension to July 31, 1999 for 219 Hughes Court.

Committee No. 4, Urban Development, reported having considered the matter of extension requests for voluntary buyout program, and recommended approval to grant an extension to August 31, 1999 for 9 E. Conklin Avenue.

Committee No. 4, Urban Development, reported having considered the matter of extension requests for voluntary buyout program, and recommended approval to grant an extension to July 16, 1999 for 101 South 3rd Street.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that these recommendations be and are hereby approved. Carried 14 votes affirmative.

APPROVE FUNDING FOR REQUEST FOR QUALIFICATIONS
FOR ARCHITECT FOR POLICE DEPARTMENT EXPANSION/
ADDITION

Committee No. 4, Urban Development, reported having considered the matter of funding the police department expansion/addition, and recommended approval to move forward with a request for qualifications on architects, not to exceed $200,000 in CDBG administration or contingency.

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

APPROVE AMENDMENT TO ENGINEERING CONTRACT
FOR CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of amendment to Laffen contract for Corporate Center, and recommended approval to keep the contract as is with the understanding that we interpret it to allow JLA to charge on construction management fees.

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

Mr. Swanson reported that his office is of the opinion that there is no legal requirement to amend the contract or to alter the interpretation of the existing contract, that if the council is of the opinion to do so, that the appropriate method to accomplish that is not to make an amendment in the interpretation of the contract but actually authorize entering into an amendment of the contract.
It was moved by Council Member Glassheim and seconded by Council Member Polovitz to authorize entering into an amendment to the contract to allow fees to be made on construction management costs.

Lonnie Laffen, JLA, stated that there are two separate AIA contracts, one when use construction manager and one when you don’t; that they entered into the wrong contract because that wasn’t the method they were going to use at that time. He reviewed contract which is to include construction manager’s compensation for services, reimbursable costs and the cost of work provided by the construction manager, that it happens that the contract they signed doesn’t include that because it wasn’t going to be construction managed and no terminology dealing with construction management in that contract.

After considerable discussion and upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Bakken, Hafner, Martinson - 11; voting “nay”: Council Members Beyer, Babinchak, Lucke - 3. Mayor Owens declared the motion carried.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative; Council Members Beyer, Babinchak and Lucke voting against the motion.

APPROVE CONGRESSIONAL INCENTIVE PROGRAM
AND OPEN PUBLIC COMMENT PERIOD ON ADDITIONAL
UNITS OF CDBG PROGRAM INCOME TO BE PLACED
IN LMI INCENTIVE PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Congressional incentive employer-employee program, and recommended approval to make the Congressional incentive employer-employee program and the $10,000 incentive program one in the same and to offer the entire incentive program on a first come, first served basis with no definite number of awards.

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

Committee No. 4, Urban Development, reported having considered the matter of Congressional incentive employer-employee program, and recommended approval of an additional ten (10) units ($210,000) of CDBG program income to be placed in the LMI Incentive Program.

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

It was moved by Council Member Glassheim and seconded by Council Member Polovitz to amend the motion that we hold the motion and open a 30-day public comment period with the item coming back at August 2 meeting. Carried 14 votes affirmative.

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

AUTHORIZE FUNDS FOR CLEANUP OF CITY-OWNED
ACQUIRED PROPERTIES

Committee No. 4, Urban Development, reported having considered the matter of cleanup of City-owned acquired properties, and recommended to authorize up to $10,000 CDBG carrying costs to remove tree debris.

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

It was moved by Council Member Beyer and seconded by Council Member Glassheim that the motion be amended to authorize the proper City officials to enter into an agreement with the Park District for debris removal of trees, particularly in respect to City-owned or acquired properties in exchange for transfer of funds from $10,000 under CDBG carrying costs to the Park District.
Carried 14 votes affirmative.

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

ACCEPT PROPOSAL FOR INDEPENDENT THIRD
PARTY REVIEW SERVICES FOR AURORA STEEL
COMPONENTS COLLAPSE

The Events Center Core Committee reported having considered the matter of independent third party review, and recommended that we accept the proposal from Thornton Tomasetti to provide the structural review services for The Aurora steel components collapse at their proposed hourly rates with a not to exceed cost of $70,000, plus expenses.

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

Mr. Swanson reported that the Builders Risk Insurance Company (CHUBB) has brought in their own consulting firm, that we still do not have an acceptance of the claim by CHUBB, and may get into a coverage issue or dispute with Chubb as to the cause of extended damage and we would no longer have the opportunity for that independent inspection as our expert to provide assistance in case of insurance litigation would need to occur.

Mr. Vein stated there is more involved than just the insurance part, part is investigation, part to analyze methods to do some peer reviews of what has happened to date and to give us a total reassurance of the design system package that was presented; that there are six items that they are going to do for us as a part of the contract.

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

APPROVE APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Owens announced the following appointments: Board of Adjustments: Bob Kleve to three-year term and mark Hoffman for a three-year term; and Substance Abuse & Traffic Safety Council: Council Member Bouley.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects for CDBG Projects, 1997 Flood Projects, 1999 Flood Projects and regular estimates for a total of $7,474,785.45.

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

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following projects in a satisfactory manner and recommended acceptance by the council: Street Lighting Project No. 4509, District No. 118; Street Lighting Project No. 4597, District No. 119; Watermain project No. 4626, District No. 254; Street Lighting Project No. 4641, District No. 125; and Street Lighting Project No. 4642, District No. 126.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 14 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 Lucke presented the matter of Grand Forks Homes and windows in houses in Congressional - that when council passes a directive to fix these windows, that windows haven’t been fixed and nothing has been done and questioned why. Terry Hanson, Urban Development, reported the council’s intent was 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. He stated that at the last meeting of Grand Forks Homes they considered the matter of the city council authorizing the expenditure of CDBG funds for the satisfaction of homeowners in Burdick’s Court window problem; that they discussed this in earnest and as a result they did make an offer to some of the homeowners at Burdick Court, and asked the homeowners to consider that offer and to respond back to their attorney and as of today the attorney has not heard a response from any of those homeowners. Several homeowners stated they have been dealing with this problem since 1997. Mr. Hanson stated he would like to have the opportunity to go back to Grand Forks Homes and express the council’s concern and direct order that this is what this council wants done, and let them respond to that, and if don’t agree to having another meeting to discuss this, will place on the next Urban Development Committee meeting agenda.
2) Council Member Bakken presented several items: a) to make this a user friendly city for business and suggested appointment of a committee including council people, department heads; and b) to form another committee with civil service members, department heads and members of council to look at civil service code, with Mayor to appoint the committee including civil service, council members, department head and city attorney.
ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that we do now adjourn until Monday, July 19, 1999 at 7:30 p.m. Carried

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_________________________________
Patricia A. Owens, Mayor