City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 2, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, August 2, 1999 at the hour of 7:30 o’clock p.m. with President Carpenter 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.

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

MATTER OF CONGRESSIONAL ADVISORY COMMITTEE
REPORT

Council Member Hafner reported that written reports of the committee were on council members’ desks, that out of the 193 houses, 98 are closed and 35 with pending purchase agreements for 133, leaving 60 to be sold.

It was moved by Council Member Babinchak and seconded by Council Member Brooks that we cease from verbal report at council meetings, with written reports to be submitted to council members in packets. Carried 14 votes affirmative.

Council Member Martinson stated he was formally requesting a copy of the contract that they entered into with Mortenson’s on Congressional I and II, concerned as to what their responsibilities and duties were for $2,000 for each property, that their acting as construction management firm they should see the project through from start to finish.

MATTER OF FLOOD REPORT

Ken Vein, city engineer, gave brief review of the Flood Protection Project Update of August 2, 1999:

1. Technical Work Update: Corps of Engineers - are still working on the project cooperation agreement, second draft reviewed and returned to the Corps, and they have transmitted their in-depth estimate for modifying the downtown pedestrian bridge to the Historical Commission and to the State Compliance Officers, estimates are that it would be $1.4 million for the structural modifications required for the partial mitigation of the hydraulic effects, and the Corps is investigating what funding options would exist to save the bridge in its current location, specifically speaking with the local Historical Preservation Commission and the ND and MN SHPOs. He stated under the consultant update they are dealing with the Historical Commission and they have forwarded a letter to him stating their opposition to the intent and to let us know their intent to have the ND SHPO re-evaluate the not-eligible documentation for the property at 1 Lincoln Drive.

2. Project Financing: that House Energy and Water Appropriations Bill was passed by the full House on July 27 and it included $10 million, our entire request for the Grand Forks/East Grand Forks flood protection project, that House and Senate had passed that earlier so now Bill will go to Conference Committee since Senate’s version was different (included only $9 million for our project) and probably won’t be voted on until early to mid-September. He stated that both bodies have approved and will get worked out in Conference Committee, then we can go ahead and get agreement signed.

4. Greenway: That action plan has been put together and copy of that plan has been included with information provided to council members, and asked council members to review that to see how they are progressing with the Greenway.

5. Interim Flood Protection Plans: Mr. Vein reported they went out with the Herald staff on tour of it, and Belmont Road dike will be considered later on the agenda.

Mr. Vein reported that the portion of the greenway on the Grand Forks side is owned either by the City of Grand Forks or the Grand Forks Park Board, and Greenway is trying to work at creating partnerships and alliances so that they can work with other funding sources and uses of that property. He stated they have already budgeted in our overall project as it is City property, City acquired property and will have to maintain it; and that they have the consultant putting together a master plan for the greenway, including the downtown area, and cost will be a part of it as trying to get initial capital cost will be and then long term operation and maintenance costs will be, now is local funding, and trying to get partners with both federal and state.

HOLD PUBLIC HEARING ON PROPOSED REAL
PROPERTY TAX EXEMPTION FOR ACQUISITION
AND SUBSTANTIAL REHABILITATION OF EXISTING
BUILDINGS LOCATED ON SOUTH 3RD STREET,
ARCHITECTURAL PRPERTIES, LLP

The city auditor reported that pursuant to NDCC 40-58-20(11) the city council had called for a public hearing to be held on the request by Architectural Properties, LLP for a 10-year real property tax exemption, that the required legal notice had been published as required, and further that no protests or grievances had been filed with his office.

President Carpenter called for the public hearing; there were no comments and the hearing was closed.

Committee No. 1, Finance, reported having considered the matter of proposed TIF exemption on Schoen project at 15-31 South 3rd Street, and recommended a 40% exemption for the first five years and a 20% exemption for the next five years, with main floor rents to be $7/s.f., all subject to the public hearing.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik.

Bill Schoen, 3718 Belmont Court, reviewed their project; that assuming the negotiations move forward and they agree upon property lines, talking about 1.3 acres of land and development that they are going to refurbish, about 50,000 sq.ft. of building which is three existing buildings which are in rough shape and a fourth new building, talking about 14,000 sq.ft. of commercial space for multiple users (from 4 to 6 tenants), talking about 21 apartments with an average rent of $575/mo. He stated the area they are talking about is from the proposed Town Square to the RR tracks from 3rd Street to the River. He stated their original request was for 50% tax abatement or tax exemption for the first five years and 25% for the second five years, and at the finance committee they offered a compromise to go to 40% for the first five years and 20% for the second five years, and offered this because the figures produced by the city assessor actually showed that the number they had allowed for would cover 60% of the taxes. He reported that the basis of their request is to respond to the DDC’s interest in having a moderate rent structure for some downtown buildings and without the TIF would have higher sq.ft. rent costs, and is a cash flow thing that they’re looking to improve to reduce some risk. He also stated that the current taxable value of the property is about $2700 and if taxed at condition it is in, and minimum tax payment they are proposing to make is almost 9 times that, at $26,000.

Council Member Glassheim asked to be excused from voting on this matter because of possible future rental. It was moved by Council Member Babinchak and seconded by Council Member Hafner to allow Council Member Glassheim to abstain. Carried 13 votes affirmative.

Mike Maidenberg, DDC, stated that the DDC’s supports this project, as they consider this portion of 3rd Street to be one of their critical areas and that 3rd Street needs to be redeveloped in a way that sets the tone for the future and insofar as this ties to the Town Square and anchors the corner, it takes the development all the way to the RR tracks and see it as a very important project and support using all tools to make it a success.

There was some discussion as to prior TIF’s issued to Schoen & Associates; and the city auditor reported that there are two types of tax increment financing that’s allowed under the Century Code, one is a tax increment financing where a bond is issued and that’s how the Elks Building was financed and that does go into the upfront money, and then the tax money that is generated between the old value and the new value created goes back into the debt service payment to pay off that debt. He stated that in the case of the Elks building, that building was destroyed in the flood and money from CDBG paid for that debt. He stated that in the case of this project they are giving an exemption which simply means there is no upfront, no debt in the name of the City that has to be paid back, and taxes are basically forgiven for that increased value that’s created, and if something should happen and a building was destroyed, what is lost are the taxes but no debt in addition to that to be paid off.

Mr. Schoen stated that the Elks project very unique in that they took a $3 million risk on that project and sold the condos, and in that case those property owners who bought those units paid their taxes and their tax dollars went to pay off the bonds.

It was moved by Council Member Lucke and seconded by Council Member Brooks to amend the motion to include restriction that during the length of the TIF that they can charge no more than $575/month for those apartments.

Howard Swanson, city attorney, reported that if they have read the Planning and Zoning minutes, that he rendered an opinion that the City does not have the authority to control the rent, that there is a specific statute in the State of North Dakota that eliminates any municipality from controlling or adopting any form of ordinance or regulation which would attempt to produce a rent control, and rent restriction in motion is unenforceable and invalid provision. He stated under ND law they cannot enforce that, but it may be a basis to subsidize a project based upon whatever representations the developer has, but City itself could not unilaterally establish or impose those requirements and enforce them.

Council Member Brooks withdrew his second from the motion; and the motion was then seconded by Council Member Lunak.

Upon call for the question on the amendment and upon voice vote, the motion failed.

Mr. Swanson stated he has no concern about including the $7.00 per sq.ft. in the form of the motion insofar as it does represent an agreement or understanding, however, he wants it clearly understood that as of this date it would be his opinion under ND statutes that is non-enforceable provision, it is possible that law could be changed somewhere in the future and the provision may in fact be enforceable, but as it is right now, his only intent in raising the issue is to insure that you have a full understanding that it may not be legally enforceable and it is not legally enforceable in his opinion as it sits today. He stated that the inclusion of any rent limitation in that motion would not render the motion void should it pass.

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

CLOSE 30-DAY PUBLIC COMMENT PERIOD ON
APPROVAL OF ADDITIONAL 10 UNITS OF CDBG
PROGRAM INCOME TO BE PLACED IN LMI INCENTIVE
PROGRAM

The city auditor presented the matter of the 30-day public comment period regarding approval of additional 10 units of CDBG program income to be placed in the LMI Incentive Program.

President Carpenter opened the public hearing. There were no comments and the public hearing was closed.

The city auditor reported that the Urban Development considered the matter and recommends approval of an additional 10 units which is equal to $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. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST OF
PAVING DISTRICT NO. 571, PROJECT NO. 4930

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 571, Project No. 4930, paving of the alley in Block 18 of Original Townsite from 1st Avenue North to 2nd Avenue North, had expired on July 15, 1999 and that the protest period had been continued until this evening, and further that he had received no written protests.

President Carpenter 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. 7844 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 571, Project No. 4930, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST OF
PAVING DISTRICT NO. 562, PROJECT NO. 4714

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 562, Project No. 4714, paving of North 55th Street from DeMers to Gateway Drive, had expired on July 15, 1999 and that the protest period had been continued until this evening, and further that he had received no written protests.

President Carpenter 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. 7845 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 562, Project No. 4714, 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
DISTRICT NO. 571, PROJECT NO. 4930

The city auditor presented and read tabulation of bids which had been received and opened on July 26, 1999 for Paving Project No. 4930, District No. 571, paving alley in the 100 block between North 3rd and North 4th Streets, indicating that Opp Construction was the low bidder based upon their bid in the amount of $42,867.00: Document No. 7846 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 4930, District No. 571, in the amount of $54,500.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4930, District No. 571, paving alley in the 100 block between North 3rd and North 4th Streets, and recommended to accept the low bid of Opp Construction in the amount of $42,867.00.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7847 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution awarding the contract for Paving Project No. 4930, District No. 571, to Opp Construction 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. President Carpenter declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
DISTRICT NO. 562, PROJECT NO. 4714

The city auditor presented and read tabulation of bids which had been received and opened on July 22, 1999 for Paving Project No. 4714, District No. 562, paving North 55th Street from Gateway Drive to DeMers Avenue, indicating that Opp Construction was the low bidder based upon their bid in the amount of $1,109,720.00 for base bid and $120,000.00 for alternate (to haul excavated material to landfill): Document No. 7848 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 4714, District No. 562, in the amount of $1,496,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4714, District No. 562, paving North 55th Street from Gateway Drive to DeMers Avenue, and recommended to accept the low bid of Opp Construction in the amount of $1,109,720 for base bid and $120,000 for alternate.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7849 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution awarding the contract for Paving Project No. 4714, District No. 562, to Opp Construction 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. President Carpenter declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA IEMS TO COMMITTEE

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

Urban Development Committee:
1) matter of Mortenson change orders
2) matter of South 3rd Street change orders
3) matter of historical rehab.
4) matter of consideration of sale and grant for 2, 4 an 16 South 3rd Street.
5) matter of extension of external rehab grants
6) matter of funding round for non-profits

APPROVE REPORTS

The city auditor’s investment report as of July 30, 1999, was presented and read.

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

APPROVE BILLS

Vendor Payment Listing No. 99-13, dated August 2, 1999, and totaling $2,011,329.74, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Martinson 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. President Carpenter declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik moved that we suspend the agenda and consider the following items:
1) matter of University area parking restrictions; 2) matter of joint powers agreement between the City and the Park District, before proceeding with the rest of the agenda; and 3) matter of application for matching grant for access to jobs. The motion was seconded by Council Member Babinchak. Carried 14 votes affirmative.

APPROVE CHANGE IN PARKING RESTRICTIONS NEAR
UNIVERSITY AREA

Committee No. 3, Public Service, reported having considered the matter of University area parking restrictions, and recommended to have the signage, the street cleaning and the ticketing for the University area moved to no parking on Wednesday night on the streets from12:00 midnight to 7:00 a.m. and the avenues on Thursday nights the same hours.

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

Lynn Lindholm, 316 Hamline Street, asked for postponement of a decision on this item, that they are against the change, and most basic objection to the change is based on the nature of the district, that there are plenty of rational objectives to keep the parking restricted the way it is in this district, and density of residences and traffic coming into the area every day, and cleaning and maintenance of the streets is more difficult to accomplish and that the City needs as much flexibility as possible. She stated that there’s been no discrimination against students in this restriction, and that the fines in their neighborhood for parking when the streets should be cleaned in the winter are only $5.00/night rather than $15.00 in other neighborhoods. She stated that the interest of the commuter students conflict with those of the Hancock Hall residents who have initiated the change in parking regulations. She stated that the Student Senate and upper division administrators have not seen this proposal, and that this is a serious problem that hasn’t been worked out. She stated that the Bronson Property traffic study is to be completed later this summer and that will affect every street that’s under consideration here, and that should be considered by the council and other people before any changes in traffic and parking regulations occur.

COUNCIL MEMBER LUNAK EXCUSED
Duane Czapiewski, UND Police, 2618 6th Avenue North, reviewed parking requirements for students, that to park in any University parking lot you are required to have a permit, the residence hall parking lot adjacent to Hancock, Squires, Walsh back area is a restricted lot and sell only as many permits as there are spaces, remaining students will then buy general permit and closest lot to them would be the tennis court lot. He stated that the off-campus students have the opportunity to purchase a commuter permit, which will allow them to park in the “blue zones” and those are scattered throughout the campus area. Chief Czapiewski stated he sees this issue as a concern of the students and residents in that area, and is a neighborhood issue as far as the parking goes and not an issue for the University.

Council Member Beyer questioned why their tickets are only $5 for street maintenance, when other areas are charged $15. Capt. McCarthey reported that the regulations in the University area are based on the general “no parking” provisions.

Adam Gardner, 213 Hancock Hall, Parking Reform Team, stated that the Parking Reform Team is set up by a group of students but also residents and citizens of Grand Forks, that parking restrictions in their neighborhood can be uncalled for and too restrictive; that the signage is incorrect, not provided with the service that the City has set out to provide, and City maintenance department has not made an effort to uphold that agreement between the citizens and the department. He stated this is not a University issue, that the streets are public. He stated they are discussing the issue of regular maintenance that they can rely on.

George Giorgakis, Parking Reform Team, spoke in favor of the motion, and that parking is public and should be made available to everyone, and rules and regulations should be applied the same for everyone around the city and would like to see improvement in regulations that will equalize the regulations and enforcement of regulations.

Upon roll call the following voted “aye”: Council Members Beyer, Hafner, Martinson, Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak - 10; voting “nay”: Council Members Klave, Babinchak, Bakken, Hamerlik - 4. President Carpenter declared the motion carried.

APPROVE LOCATION OF INTERIM DIKE ALONG
BELMONT ROAD

The Flood Protection Committee reported having considered the matter of location of interim dike along Belmont Road, and recommended to approve building on the dike at the location 10 feet over from Belmont Road.

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

Council Member Carpenter stated that he made the motion and the intent of the motion is to change the prior action through rescinding and establishing a new position.

Al Grasser, city engineer, stated that there are a number of things that influence the dollar amount of the temporary dike on Belmont Road, changes in federal policy that they’ve seen from FEMA, that in the past the Corps of Engineers would come into town during flood fight and assist in costs with federal dollars and under those circumstances, it only cost the City for removing the dirt; and that the Corps is getting away from reacting to the minor moderate flooding events, and City had to do all of the temporary diking this year and see that as a continuing process. He stated that we are very limited in our ability to keep raising that dike, that once you build the base you can only go so high, and since the flood of 1997 and our better understanding of the predictions that are coming in, we’re being more conservative on how big we need to build our base, and probably build more dike that may have prior to the flood of 1997, and those things influence the dollar amounts that are being discussed. He stated that it probably cost in the neighborhood of $150 to $200,000 and maybe should have given more
allowance to the federal dollars that were put in and not just City funds..

Council Member Hafner stated that the Flood Protection Committee did discuss this at length at several meetings, had a public hearing with the citizens and voted to approve the plan as it is tonight. He stated they aren’t ready to gamble the city on whether or not they should build this dike, that the question with the Park Board is where it should be built, and this seems to be the best compromise between what the area looks like and the ability of our golfers and the people to enjoy our city, and is a good compromise.

John Staley, Park District, stated that reason for putting dike down the middle of the golf course between 4 and 5 came from him at a time before they really had time to study, that there was clay on Belmont and talk of getting it off fast, the engineers were trying to move as fast as they could but by the time they proposed that option and had time to get golf course architects in here and study it, they told the Park Board that it would be unsafe and difficult, that dike is lot higher than he originally envisioned, wider and steeper and when sent it to the Corps of Engineers for their review, they were basically saying that the permanent alignment is going to be right down number 4 fairway, and not between 4 and 5; that they are not going to let it go closer to the river, which is something we assumed might happen, and now know it won’t happen. He stated it really comes down to this option, that they take out one row of trees (along Belmont) and put new trees in, and it’s option for $300,000 and one between 4 and 5 is close to $500,000, so $200,000 less to put beside Belmont and when permanent dike happens, simply slip the clay over into 4 fairway without disturbing the new trees and overall lot less expensive.

Mr. Vein stated what they would be proposing and would place at this time is 10 ft. off back of the curb; that final location that the Corps would select is down the middle of fairway 4; that if dike has to be raised and have to have access for any reason, better to have access to it right off Belmont Road, and allows better security than if out in the golf course, and our bottom line is to get a level of protection.

Tom Ryan, 1600 Belmont Road, questioned the building of a dike on Belmont for next 3 years; that he was for a dike and need to protect the city. He stated that if the City goes ahead with this plan, that whole area will be destroyed and that is unreplaceable, why trash the golf course now and trash it again in two years. He stated that a temporary dike can be built in a matter of three days (that clay can be stockpiled and used if necessary) and questioned why make decision now when there’s so many factors in the air, and council needs to consider all of the factors before building a 54 ft. dike when the rest of the city is not protected.

Doug Christensen, 19 Inland Hills Court, stated he agreed with Mr. Ryan; that he has watched that dike go up and down and that costs may have gone to $200,000 but goes back to the quality of life for those that remain and has an incredibly hard time with destroying that golf course for the next three to five years, and council is going to affect their quality of life for the next 4 to 5 years until that permanent dike goes in.

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

AUTHORIZE PUBLIC TRANSPORTATION TO PROCEED
WITH APPLICATION FOR ACCESS TO JOBS GRANT

The Bus Committee reported having considered the matter of motion to proceed with application for a 50/50 matching grant for Access to Jobs, and recommended approval.

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

Roger Foster, Transportation Department manager, stated that in November of 1998 the council gave permission to the MPO to apply for a pre-application for an access to jobs grant, that in May of this year the City of Grand Forks was awarded that grant, and now asking to move forward with the formal application to apply for this grant, it is a 50-50 grant and we would be using the rest of the local match out of our operating revenue. He stated that the name of the grant is Access to Jobs, that it is access to transportation and will allow us to have a night service that will go from 6:00 p.m. to 10:00 p.m. Monday through Friday and purpose of this is not just access to jobs it is access to transportation and will get people to work and home again. He stated that night service will have only one extended route and also include one additional dial-a-ride vehicle because it has to be equally matched. He stated that they received a $25,000 grant and is a 50-50 match. He stated they will take back to the Bus Committee for determination of the route and to notify the public adequately.

A rep. of the ARC Upper Valley and project director, stated that the ARC gathered together 16 agencies from within the community, agencies serving the areas of elderly, disabled, and student populations, the group identified the need for evening services as being something that was desirable for the quality of life in Grand Forks area, and strongly encouraged council to consider this request favorably.

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. President Carpenter declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for amendment to the budget for City Hall in the amount of $11,321.00 to replace ceiling tile, floor tile, storage shed, etc. was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this budget amendment be approved. Carried 14 votes affirmative.

A request for amendment to the budget for the Civic Auditorium in the amount of $14,910.00 was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this budget amendment be approved. Carried 14 votes affirmative.

APPROVE RESTRUCTURING PROPOSAL FOR
PUBLIC WORKS

Committee No. 1, Finance, reported having considered the matter of public works restructuring proposal and job description changes, and recommended to approve the job description changes and restructuring for Public Works and to hold the two items requested.

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

INTRODUCE ORDINANCE RELATING TO NOISY
PARTIES

Committee No. 2, Public Safety, presented a request for amendment to the ordinance re. loud parties, and recommended to approve proposed ordinance and to introduce for first reading.

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.

Council Member Polovitz introduced an ordinance entitled “An ordinance amending Section 9-0110 of the Grand Forks City Code relating to noisy parties”, which was presented, read and passed on its first reading.

APPROVE AGREEMENTS WITH NORTH DAKOTA
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with the ND Department of Health for Women’s Way Cancer Prevention Grant agreement, renewal, $33,450.00, federal and $11,150.00 in local matching funds for period July 1, 1999 to June 30, 2000, and recommended to approve the grant agreement.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with the ND Department of Health for Grant Agreement #FOO-46 (health care and support services HIV invection), $6,000 for period July 1, 1999 to June 30, 2000, and recommended to approve the grant agreement.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with ND Department of Health for Local Health Services grant agreement, $77,453 for period August 1, 1999 to June 30, 2001, and recommended to approve the grant agreement.

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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. President Carpenter declared the motions carried.

APPROVE BUDGET AMENDMENTS

A request for amendment to the budget for the Health Department (#2032.1) in the amount of $1,690.00 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 14 votes affirmative.

A request for amendment to the budget for the Police Department in the amount of $12,076.89, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be approved. Carried 14 votes affirmative.

ACCEPT BID FOR GENERATOR FOR POLICE BUILDING

Committee No. 2, Public Safety, reported having considered the bids for generator for police building, and recommended to accept the bid of Butler Machinery for a skin-tight generator for $105,172.00.

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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. President Carpenter declared the motion carried.

ACCEPT BID FOR POST-FRAME BUILDING FOR
POLICE IMPOUND

Committee No. 2, Public Safety, reported having considered the matter of bids for post-frame building (police impound), and recommended to accept the bid of Foltz Buildings of Detroit Lakes in the amount of $33,904.00.

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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. President Carpenter declared the motion carried.

ACCEPT BIDS FOR FENCING FOR POLICE IMPOUND

Committee No. 2, Public Safety, reported having considered the matter of bids for fencing for police impound, and recommended to accept the low bid of Security Fence of Minot, ND in the amount of $10,650.22.

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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. President Carpenter declared the motion carried.

ACCEPT BID FOR INDOOR SHOOTING RANGE
EQUIPMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for indoor shooting range equipment, and recommended to accept the bid of Caswell/Detroit Armor of Cary, IL for $43,945.00.

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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. President Carpenter declared the motion carried.

FORMALLY ACKNOWLEDGE RECOGNITION OF
COMMITTEE FOR PUBLIC SAFETY BUILDING

Committee No. 2, Public Safety, reported having considered the matter of formal recognition of committee for Public Safety Building (including reps of Grand Forks Police Department, sheriff’s Office, PSAP, Emergency Management Office, Highway Patrol, one council member (chairperson of the public safety committee) and construction manager, and recommended to formally acknowledge this committee to continue its work for possible expansion of the building.

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.

ACCEPT SELECTION OF ARCHITECT FOR PUBLIC
SAFETY BUILDING EXPANSION

Committee No. 2, Public Safety, reported having considered the matter of selection of architect for public safety building expansion, and recommended to accept the firm of Polson-WSN, contingent upon successful negotiation of the contract.

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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. President Carpenter declared the motion carried.

DEFEAT MOTION TO ENTER INTO AGREEMENT FOR
CONSTRUCTION MANAGER OF PUBLIC SAFETY
BUILDING EXPANSION

Committee No. 2, Public Safety, reported having considered the matter of approval for construction manager for public safety building expansion, and recommended to authorize entering into a contract amendment with Mortenson Construction Company to be the construction manager of this project, contingent upon verification from Mr. O’Leary that this
will meet HUD requirements for use of CDBG funding.

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

Clarence Peterson, 3315 Elmwood Drive, stated that they don’t need out of town contractors doing the work for the City of Grand Forks, have lot of people in Grand Forks that are capable and encouraged council to vote against this.

Council Member Klave stated that it looked like they were doing a change order to a contract with Mortenson’s and if need to have construction manager on this project, should go out for bids in the proper channels.

Lt. Sieber, Police Department, stated that when this project was proposed to them by Urban Development, they knew they were under a severe time restraint with CDBG funding being available, that created concern among the committee members and discussion of construction manager came up and based on amount of this construction project, the committee didn’t feel they had the expertise to oversee the project, consulted with engineering department and they were heavily committed into a number of projects and cannot commit an extraordinary amount of time to this project, that Mortenson’s seemed like a logical choice in that they had already gone through a selection process for interviews with requests for qualifications and had been selected by the City to do work and seemed like easiest way to do this was to revise the contract and keep them working with this project.

Dan Mehls, Mortenson’s, stated that it hasn’t been decided which contract to amend, that they currently hold three contracts for the City - the Aurora, flood recovery work and for the Corporate Center; and perhaps the one with the engineering department for flood recovery being most appropriate.

Mrs. Margaret Peterson, 3315 East Elmwood Drive, stated there is no guarantee to the City or the owner of performance or other financial responsibility, that the construction manager is not furnishing a performance payment bond as a rule, and under those circumstances the owner is at risk, under the usual contract method the contractor is at risk She stated that under the usual contract method whether it’s single or multiple contract, you know up front what your project is going to cost and also have the time constraints written into the contract and this is not necessarily true under a construction manager contract. She stated their firm and others have the necessary expertise for value engineering and cost estimating. She stated if they decide to go the construction manager route they as well as other firms want the opportunity to bid on that contract.

Mr. Swanson stated that he has just glanced at the contract provided to him tonight and that he will not approve the proposed architectural contract as there appears to be major issues to resolve, and cautioned not to let the architect get too far down the road until have an agreement.

After further discussion it was moved by Council Member Glassheim to amend the motion to delete the words to be the construction manager and insert to do pre-construction services including value engineering and that a construction manager, if needed, be bid in the future. Council Member Hafner seconded the motion.

Upon call for the question on the amendment and upon voice vote, the motion failed.

Upon call for the question on the original motion and upon voice vote, the motion failed.

RECESS

President Carpenter called for a five-minute recess at 10:30 p.m.

President Carpenter called the meeting back to order with all members present except Council Members Martinson, Lunak and Glassheim.

APPROVE USE OF RECOGNITION PAVERS ON
SIDEWALK AT EMPIRE ARTS CENTER

Committee No. 3, Public Service, reported having considered the matter of installation of recognition pavers on sidewalk at Empire Arts Center, and recommended to approve the request.

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

APPROVE PURCHASE OF PROPERTY FOR STORM
WATER PUMPING STATION, PROJECT NO. 4698

Committee No. 3, Public Service, reported having considered the matter of purchase of property by warranty deed, the northerly 100 ft. of the easterly 100 ft. of Lot 2, Block 2, Industrial Resubdivision No. 3, Grand Forks, ND (said lot to be replatted) and located in southwest corner of the intersection of 10th Avenue South and South 50th Street, for and in consideration of the sum of $5,200.00, Henningson Cold Storage Co., and recommended to approve the purchase of the property in the amount of $5,200.00.

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

APPROVE EASEMENTS FOR PROJECT NO. 4926,
LIFT STATION #39

Committee No. 3, Public Service, reported having considered the matter of easement for Sanitary Sewer Project No. 4926 on 55th Avenue South for Lift Station 39 at no cost, and recommended to approve the easement and authorize proper City officials to sign the easements.

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

AUTHORIZE ENTERING INTO CONTRACT WITH
MIDWEST TESTING LABORATORY FOR FUTURE
WATER TREATMENT PLANT SITE

Committee No. 3, Public Service, reported having considered the matter of geotechnical services and appraisal services for the future water treatment plant site selection, and recommended to approve entering into a contract with Midwest Testing Laboratory for $7,000 for these services.

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

AUTHORIZE SELECTION OF CONSULTANT FOR
ENGINEERING SERVICES FOR MUNICIPAL SOLID
WASTE CLOSURE PROJECT

Committee No. 3, Public Service, reported having considered the matter of consultant selection for engineering services for Municipal Solid Waste Closure Project, and recommended to authorize selection of Webster, Foster and Weston and to authorize staff to negotiate agreement to be brought back at the next committee meeting.
It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR PERIMETER DRAINAGE
STUDY, PROJECT NO. 4711

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services, Study and Report, Short Elliott Hendrickson, Project No. 4711, Perimeter Drainage Study (CDBG), and recommended to authorize entering into the agreement in the amount of $181,800.00.

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

APPROVE PLANS AND SPECIFICAITONS FOR
PROJECTS NOS. 4766 AND 4767, UTILITIES TO
SERVICE STADTER PSYCHIATRIC CENTER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 4766 and 4767, watermain and storm sewer to service the Stadter Psychiatric Center, and recommended to approve plans and specifications, with final review from engineering staff.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECTS NOS. 4995, 4996 AND 4997, UTILITIES
IN UNIVERSITY VILLAGE

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects No. 4995, 4996 and 4997, sanitary sewer, watermain and storm sewer in University Village (CDBG), and recommended to approve plans and specifications with final approval from engineering staff.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PAVING PROJECT NO. 5032

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5032, paving South 20th Street from 34th to 36th Streets, and recommended to approve plans and specifications.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 11 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4983, PUMP STATION NO. 27

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4983, replace Pump Station No. 27 (CDBG eligible), and recommended to approve plans and specifications, project CDBG eligible.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4831, SIDEWALK DISTRICT NO. 17

The city engineer’s estimate of total cost of the construction of sidewalk repairs in Valley Park Addition easements, in the amount of $12,127.50, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4831, District No. 17, sidewalk repairs in Valley Park Addition easements, and recommended to pass a resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7850 - Resolution.

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

AWARD BIDS FOR PROJECT NO. 4784, SOUTHEND
WATER TOWER, EXCEPT ELECTRICAL CONTRACT
WHICH WAS REFERRED BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of construction bids for project No. 4784, Southend Water Tower (CDBG), and recommended acceptance of the following bids: Contract 1, general construction, Wanzek Construction, $66,500.00; Contract 2, mechanical construction, Industrial Contract Services, Inc., $69,920.00, Contract 3, electrical construction, Hanson Electric of Bemidji, Inc., $48,700.00, Contract 4, tower construction, CB&I Constructors, Inc., $598,000, projects CDBG eligible.

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

Council Members Hafner and Klave referred the matter of Contract 3, electrical construction, back to committee for further consideration.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the motion carried and the contracts awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER
PROJECT NO. 4915, DISTRICT NO. 408

The city auditor presented and read tabulation of bids which had been received and opened on July 26, 1999 for Sewer Project No. 4915, District No. 408, sanitary sewer on 17th Avenue North from 52nd to 48th Streets, indicating that Duckstad Contracting was the low bidder based upon their bid in the amount of $63,515.00: Document No. 7851 - Tabulation of Bids.

The city engineer’s estimate of total cost on Sewer Project No. 4915, District No. 408, in the amount of $78,200.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4915, District No. 408, sanitary sewer on 17th Avenue North from 52nd to 48th Streets, and recommended to accept the low bid of Duckstad Contracting in the amount of $63,515.00.

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

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Member Beyer and seconded by Council Member Klave that Council Member Babinchak be excused from voting on this matter. Carried 10 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 10 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7852 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution awarding the contract for Sewer Project No. 4915, District No. 408, to Duckstad Contracting be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Bakken, Hafner - 11; voting “nay”: none; Council Member Babinchak excused from voting. President Carpenter declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4916, DISTRICT NO. 270

The city auditor presented and read tabulation of bids which had been received and opened on July 26, 1999 for Watermain Project No. 4916, District No. 270, watermain on North 48th Street from Gateway Drive northward, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amount of $56,050.00: Document No. 7853 - Tabulation of Bids.

The city engineer’s estimate of total cost on Watermain Project No. 4916, District No. 270, in the amount of $69,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4916, District No. 270, watermain on North 8th Street from Gateway Drive northward, and recommended to accept the low bid of Soberaski, Inc. in the amount of $56,050.00.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7854 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this resolution awarding the contract for Watermain Project No. 4916, District No. 270, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.

APPROVE CHANGE ORDER FOR PROJECT NO.
4851, SANITARY FORCEMAIN FROM PUMP STATION
NO. 39

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4851, Sanitary Forcemain from Pump Station #39, Change Order #1, S.J. Louis Construction, Inc., contractor, $3,021.24, and recommended to approve the change order and to extend completion date by one day, September 16, 1999.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4671,
REHAB. SANITARY SEWER PUMP STATION #21

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4671, Rehabilitate Sanitary Pump Station #21, Change Order #4, Smith Construction, Inc., contractor, $1,266.69, and recommended to approve the change order.

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

APPROVE CHANGE ORDERS FOR PROJECT NO. 4848,
SANITARY PUMP STATION #39

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4848, Sanitary Pump Station #39, General, Change Order #2, Construction Engineers, Ltd., contractor, $1,022.00, and recommended to approve the change order.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4848, Sanitary Pump Station #39, Electrical, Change Order #1, Hanson Electric, Inc., contractor, $4,248.00, and recommended to approve the change order #1.

It was moved by Council Member Lucke and seconded by Council Member Lunak that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the motions carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4929,
WATERMAIN PROJECT

Committee No. 3, Public Service, reported having considered the change order for Project No. 4929, watermain on South 20th Street from 36th to 40th Avenues South, Change Order #2, Dakota Underground, contractor, deduct of $175.00, and recommended to approve the change order.

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

DENY REQUEST TO FORGIVE MORTGAGE ON
PHASE III REHAB PROGRAM, 2526 CLOVER DRIVE

Committee No. 4, Urban Development, reported having considered the matter of Phase III Rehab Program, request to forgive mortgage, and recommended to deny the request to forgive the mortgage on 2526 Clover Drive.

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

APPROVE COST MATRIX BUDGET TRANSFERS

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers, and recommended to approve budget transfers.

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

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve the change order to T.F. Powers in the amount of $951.00.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve change order to Construction Engineers in the amount of $999 (part Camrud cost).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve change order to Lunseth Plumbing and Heating in the amount of $150.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve change order (deductive) to Construction Engineers in the amount of ($12,639) for ramp.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve change order (deductive) to Moorhead Electric in the amount of ($3,500).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve change order (deductive) to Associated Plumbing and Heating in the amount of ($5,000).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of substantial completions for Listul (categories 10 and 11), Lunseth, category 22A) and Meide & Son (category 6).

It was moved by Council Member Polovitz and seconded by Council Member Beyer that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the motion carried.

APPROVE LEASEBACK TO COMMERCIAL TENANT
AT 630 NORTH 3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of leaseback to commercial tenant at 630 North 3rd Street, and recommended approval of a lease through September 30, 1999.

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

AUTHORIZE USING CDBG FUNDS TO DEMOLISH
HOUSES IN PATH OF INTERIM DIKE

Committee No. 4, Urban Development, reported having considered the matter of using CDBG funds to demolish homes in the path of the interim dike (115 Euclid, 1117 Lincoln and 1125 Lincoln), and recommended to authorize the use of CDBG funds to demolish the homes at 115 Euclid Avenue, and 1117 and 1125 Lincoln Drive.

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

APPROVE EXTENSION OF VOLUNTARY BUYOUT
PROGRAM FOR 514 SOUTH 5TH STREET

Committee No. 4, Urban Development, reported having considered the matter of extension to voluntary buyout deadline, and recommended approval of an extension of the voluntary buyout program for 514 South 5th Street to September 1, 1999.

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

APPROVE CHANGE ORDERS FOR SOUTH 3RD STREET
PROJECT

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended to approve change order to Terry T. Rogers Construction (Bid Package #12) in the amount of $6,357.78.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended to approve change order to Terry T. Rogers Construction (Bid Package #12) in the amount of $19,138.13 (DSR).

It was moved by Council Member Polovitz and seconded by Council Member Beyer that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the motion carried.

CONSIDER MATTER OF RENTAL REHAB PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Rental Rehab. Program, and recommended to hold until a deadline of August 25.

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

AUTHORIZE FUNDS FOR DDC PARTICIPATION IN
CURB AND GUTTER REPLACEMENT

Committee No. 4, Urban Development, reported having considered the matter of authorizing funds for DDC participation in curb and gutter replacement, and recommended approval to use DDC general improvement funds in the amount of $70,000.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE DOWNTOWN STREETSCAPE CHANGE
ORDER

Committee No. 4, Urban Development, reported having considered the matter of downtown streetscape change orders, and recommended approval of change order #1 (Streetlight Procurement Project No. 4980.2 (deduct of $43,756.00).

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

APPROVE AMENDMENT TO CONTRACT FOR
ENGINEERING SERVICES FOR STREETSCAPE PROJECT

Committee No. 4, Urban Development, reported having considered the matter of contract amendment for streetscape engineering services, and recommended to approve the contract amendment in the amount of $92,092 for streetscape engineering services by Advanced Engineering (Project No. 4980).

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

AWARD BIDS FOR DECOMMISSION OF TEMPORARY
HOUSING SITES

Committee No. 4, Urban Development, reported having considered the matter of award of bids and award of construction services for decommission of temporary housing sites, and recommended to award project to MTC, Inc. in the amount of $339,795.00 contingent upon FEMA approval.

Committee No. 4, Urban Development, reported having considered the matter of award of bids and award of construction services for decommission of temporary housing sites, and recommended approval of CPS for construction oversight on an hourly basis up to $21,268.00.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting “nay”: none. President Carpenter declared the motions carried.

APPROVE CHANGE ORDER FOR ABATEMENT OF
HAZARDOUS MATERIALS (BID PACKAGE #47)

Committee No. 4, Urban Development, reported having considered the matter of abatement of hazardous materials, Bid Package #47, and recommended to approve a change order to MAAC Metro (Bid Package #47) in the amount of $17,426.50 for the abatement of 630 Maple Avenue, 5 Lincoln Drive, 511 North 4th Street and 1514 North 5th Street.

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

APPROVE PROPOSAL FROM EASTER SEALS/GOODWILL
FOR SURPLUS PROPERTY AT 118 BELMONT ROAD

Committee No. 4, Urban Development, reported having considered the matter of surplus housing proposal from Easter Seals/Goodwill for 118 Belmont Road, and recommended to award 118 Belmont Road to Easter Seals for rehab as they requested, as well as $15,000 to add a historical porch.

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

RECEIVE AND FILE MATTER OF HISTORICAL
SIGNIFICANCE OF 1 LINCOLN DRIVE

Committee No. 4, Urban Development, reported having considered the matter of historical significance of 1 Lincoln Drive, and recommended to receive and file.

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

COUNCIL MEMBERS MARTINSON AND GLASSHEIM
REPORTED BACK

Lonnie Winrich, Grand Forks Historical Society, reported that the survey that was done in 1995 and initially evaluated that as a contributing property, that one of the restrictions are that in order to be considered a contributing property, a property must be part of a historical district, that was reviewed at the State Historical Society and the ruling that was made there was that any potential historical district did not extend that far south and the property could not be considered contributing, and that was the official status of the property until the time that Mr. Yeater did his survey under contract to the City. He stated that Mr. Yeater considered the property important and gave it high marks on his evaluation and recommended that it be moved (as possibly on the wet side of the dike) and preserved. He stated that the Historical Society is re-evaluating their position on it, and there is basically conflicting information at this point.

COUNCIL MEMBER LUNAK REPORTED BACK

Frank and Carol Kelley, 110 8th Avenue South, and Geraldine Proulx, 2816 Shadow Road,
stated that the property is in the process of historical review, and would like to share the
historical significance of this house. President Carpenter stated that determination will be made by the State Historical Society and that information will come back to us.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Lunak voted against the motion.

APPROVE CHANGE ORDERS FOR DEMOLITION
OF RESIDENTIAL PROPERTIES FOR SCHOOL DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of change orders for demolition of residential properties for School District (401 Walnut, 411 Walnut and 417 4th Avenue South), and recommended to approve change order to Gowan Construction in the amount of $24,700 for sewer and water capping and demolition, to be taken from the School District account.

It was moved by Council Member Beyer and seconded by Council Member Glassheim 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. President Carpenter declared the motion carried.

APPROVE CHANGE ORDER TO DEMOLISH HOUSES
IN PATH OF INTERIM DIKE

Committee No. 4, Urban Development, reported having considered the matter of change order to demolish houses in path of the interim dike (115 Euclid, 1117 Lincoln Drive and 1125 Lincoln Drive), and recommended approval of change order to Gowan Construction in the amount of $24,900.00 for sewer and water capping and demolition.

It was moved by Council Member Beyer and seconded by Council Member Glassheim 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. President Carpenter declared the motion carried.

APPROVE SUITE CONTRACT FOR THE AURORA

The Events Center Core Committee reported having considered the matter of suite contract, and recommended that we approve the suite contract document with potential changes in Section12, pending approval of the city attorney’s office, and authorize staff to enter into agreements with interested parties.

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

APPROVE WARD OF FOOD SERVICE EQUIPMENT
PORTION OF CONTRACT FOR THE AURORA

The Events Center Core Committee reported having considered the matter of award of contract category 28, kitchen equipment, and recommended that we award the food service equipment portion of contract category 28 to Dakota for $495,140.00.

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

REPORT ON CHANGE ORDERS FOR THE AURORA

The city auditor presented the listing of change orders that were approved at the July 22, 1999 Core Committee meeting:

CIN #163.06: addition to Bergstrom’s contract for5 $90,70 for gutter de-icing system.
CIN #157.05: changing suite level floor framing and is an add to Havens contract for $3,218.00 and an addition to Wanzek’s contract for $454.00

ACCEPT VEHICLE BID

The Flood Protection Committee reported having considered the matter of vehicle bids and recommended to accept the lower bid from Rydell’s in the amount of $31,275.00 with delivery in 6 to 8 weeks.

It was moved by Council Member Bakken 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. President Carpenter declared the motion carried.

APPROVE STAFFING REQUESTS

The Flood Protection Committee reported having considered the matter of staffing requests, July/September (contract renewals for CDBG staffing) , and recommended to approve.

It was moved by Council Member Bakken 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. President Carpenter
declared the motion carried.

APPROVE JOINT POWERS AGREEMENT BETWEEN
CITY AND PARK DISTRICT

The Flood Protection Commission reported having considered the matter of Joint Powers Agreement between City and Park District, and recommended approval of a Joint Powers Agreement with the Park District contingent upon city attorney’s final review.

It was moved by Council Member Bakken 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. President Carpenter declared the motion carried.

APPROVE CONTRACT AMENDMENT FOR APPRAISAL
OF PUBLIC PARKING LOTS IN DIKE PATH

The Flood Protection Committee reported having considered the matter of contract amendment for appraisal of public parking lots in the dike path, and recommended to approve the appraisal of the public parking lots in the dike path contingent upon the appraiser selected (in this case, Joan Johnson) be approved by the DDC.

It was moved by Council Member Bakken 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. President Carpenter declared the motion carried.

APPROVE REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICES FOR HAZARDOUS
WASTE PHASE II INVESTIGATIONS, PROJECT 4956

The Flood Protection Committee reported having considered the matter of request for proposals for professional services for hazardous, toxic and radioactive waste Phase II investigations, City Project No. 4956, and recommended to approve a request for proposals for professional services qualifications for additional HTRW investigations.

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

AUTHORIZE PROCEEDING WITH GRANT APPLICATION
FOR 5309 DISCRETIONARY GRANT

The Bus Committee reported having considered the matter of motion to proceed with grant application for 5309 Discretionary Grant of $400,000, and recommended approval.

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

ACCEPT BID FOR COPIER/PRINTER

The Bus Committee reported having considered the matter of bids for copier/printer and recommended approval of the lowest bid of GR Graphics.

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

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: CDBG monthly estimate summaries in the amounts of $37,012.00 and $45,787.11; CDBG estimate summary in the amount of $2,673,226.90; general capital projects in the amount of $3,715,894.03; and 1997 Flood Projects in the amount of $1,833,383.96; for a total of $8,305,304.00

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

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project No. 4199, 1994 Lift Station upgrading; Project No. 4671, upgrade Lift Station #21; Watermain Project No. 4919, District No. 265; Project No. 4694, English Coulee Storm Sewer Outfalls; Project No. 4695, Sluice Gate Manholes; Project No. 4696, Citywide Flood Control Improvements.

It was moved by Council Member Lunak and seconded by Council Member Beyer 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) Howard Swanson presented the matter of amendment of 8-1503, law enforcement sections to comply with statutory requirements/changes in Century Code; referred to the public safety committee.
2) Council Member Babinchak moved to approve a request for proposals for pre-construction manager services for the public safety building expansion, Council Member Beyer seconded the motion. Upon roll call the following voted “aye”: Council Members Bakken, Hafner, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak - 8; voting “nay”: Council Members Martinson, Brooks, Polovitz, Lucke, Hamerlik, Lunak - 6. President Carpenter declared the motion carried.
3) Council Member Beyer presented the matter of increasing the fees in the University area to $15.00 for street maintenance to coincide with other areas of the city; referred to public safety committee.
4) Council Member Beyer asked if it was possible to make a case to HUD for an extension on the timeline (because of short construction season, flood fight this year and two ice storms). Council Member Lucke stated that it takes legislation.
5) President Carpenter reported that the National League of Cities, Congress of Cities, is November 30-December 4, and City normally sends two or three council members and to let him or the mayor’s office know of your interest in attending.
6) President Carpenter reported that on September 24, 25 and 26, 1999 the State League of Cities Convention in Grand Forks, and that it would be good if council members could attend and to let mayor’s office know if can attend.

ADJOURN

It was moved by Council member Lunak and seconded by Council Member Martinson that we do now adjourn until Monday, August 16, 1999 at 7:30 p.m. Carried 14 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
___________________________________
Douglas Carpenter, President of Council