An ordinance entitled “An ordinance amending Section 16-0222(8) of the Grand Forks City Code relating to local roadways exempt from required sidewalk construction” which had been introduced and passed on its first reading on August 16, 1999, was presented and read for consideration on second reading and final passage.

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

ADOPT FINAL BUDGET FOR THE CITY OF GRAND
FORKS FOR 2000 AND ANNUAL TAX LEVY

The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota for the year ending December 31, 2000 would be presented to the city council on Monday, September 20, 1999 at 7:30 o’clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2000.

Mayor Owens opened the public hearing, there were no comments and the hearing was closed.

Committee No. 1, Finance, reported having considered the matter of staff person for city council, and recommended to receive and file. The motion was moved by Council Members Hamerlik and Brooks.

Committee No. 2, Public Safety, reported having considered the matter of staff person for city council, and recommended that the Public Safety Committee go on record to oppose hiring a staff person for the council and delete the position from the budget. The motion was moved by Council Members Martinson and Bouley.

Committee No. 3, Public Service, reported having considered the matter of staff person for city council and recommended to receive and file. the motion was moved by Council Members Lucke and Lunak.

Committee No. 4, Urban Development, reported having considered the matter of staff person for city council, and recommended to leave the position in the budget and proceed and that the position be contracted; that the position will not be hired until the council has adopted a procedure for management of this position. The motion was moved by Council Members Beyer and Glassheim.

The city attorney stated that they have conflicting motions all dealing with the same substantive issue, and recommended that the chair exercise her discretion and prerogative and move the motion forward for the body that is a positive motion, and a yes vote would mean yes, voting to approve the position, and no vote would be to disapprove the position.

Mayor Owens called for consideration of the positive issue by the Urban Development Committee, which was moved by Council Member Beyer and Council Member Glassheim.

Council Member Glassheim stated this is a proposal for an administrative assistant for council, that the purpose is to help council members have independent initiative and review capability in pursuit of their emerging mandate: a) to be more responsible for policy initiatives; b) give over more authority on details to administration; and reviewed a number of duties of this position re. clerical, research and organizational. He stated he thought that the council needed a staff person to help it organize itself to act more effectively, especially as they move towards greater interest in policy matters and less in smaller details which they give over to the departments and will need this kind of help, and will work through departments to accomplish things.

Council Member Carpenter stated he would not support voting to put in this year’s budget but asked that the Mayor specifically identify one person within her staff or somebody within City government that the council can turn to and can utilize to see how that works, and if it doesn’t certainly will be back for the next budget year or to take it out of some other place to transfer it in to start up this position, and willing to give a period of time to let the administration try to resolve and satisfy what he thinks is a need for the council, and if that doesn’t happen over the next six to nine months, then revisit this issue and be willing and ready to transfer money to make sure it does happen. Mayor Owens stated that they will work on that suggestion to get it started.

Upon call for the question and upon voice vote, the motion was defeated.

Mayor Owens asked for a motion to approve the resolution to levy the tax for that fiscal period.

Council Member Lucke moved to reduce the General Fund mill levy request by 6 mills; Council Member Lunak seconded the motion.

Council Member Lucke explained his motion for reduction, that the reduction can come from any one of about five sources: General Fund reserves, Loan Stabilization Fund, Infrastructure Fund and from a couple enterprise funds that have more than their immediate needs in reserve.

Heidi Jones, 412 South 4th Street, questioned what the flood protection plan was and how long will it take to build a dike if that is part of that plan. Council Member Carpenter stated they have an approved flood protection plan that is in the process of being designed and construction will begin next year and will be built over the next 7 to 10 years - to build the entire flood protection plan between the two cities.

After some discussion Council Member Hamerlik moved an amendment to the motion on the floor that we reduce the mill levy by 3 mills and that the money for that amount be taken out of the market adjustment line item, thus leaving approximately $300,000 in that line item. Council Member Hafner seconded the motion.

After considerable discussion and upon call for the question on the amendment to reduce levy by 3 mills out of the $500,000 market study; and upon roll call vote the following voted “aye”: Council Members Beyer, Hafner, Martinson, Lucke, Hamerlik, Bouley, Carpenter, Klave - 8; voting “nay”: Council Members Babinchak, Bakken, Brooks, Glassheim, Lunak - 5. Mayor Owens declared the amendment approved.

Upon call for the question on the original motion as amended and upon roll call vote, the following voted “aye”: Council Members Hafner, Martinson, Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer - 10; voting “nay”: Council Members Babinchak, Bakken, Glassheim - 3. Mayor Owens declared the motion carried.

It was moved by Council Member Lucke and seconded by Council Member Hafner to adopt the resolution adopting the annual appropriation bill and tax levy for fiscal year beginning January 1, 2000 and ending December 31, 2000. Document No. 7878 - Resolution.
Upon call for the question of adoption of the budget and upon roll call vote, the following voted “aye”: Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; and the following voted “nay”: Council Members Brooks, Lunak - 2. Mayor Owens declared the motion carried and the budget adopted.

The city auditor reported that in the budget presentation coming into the 1999 budget year, we carried over a fund balance of $3.5 million and the Mayor’s recommendation was to transfer $700,000 of that fund balance to the flood protection plan, and would need to have an action on that and if approved, they would need to point out that the projected fund balance starting the year 2000 would drop by $700,000 as would the ending fund balance, and keeping in mind that if those fund balances maintain the level we hope they can, the Mayor had also recommended that in the year 2000 we would recommend a transfer of $1.5 million to the flood protection project. It was moved by Council Member Babinchak that we move the $700,000 and decrease the cash carryover. Council Member Hamerlik seconded the motion. Carried 13 votes affirmative.

DENY APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 402 SOUTH 4TH STREET

The city auditor reported that the notice of public hearing on the application by EAPC for Urban Development to move a building from the intersection of Division Avenue and South 3rd Street to 402 South 4th Street, had been published and posted as required.

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

Judy Swisher, 420 Franklin Avenue, speaking on behalf of the Central Park Historic Neighborhood Association, stated that the Central Park Historic Neighborhood Association opposes the proposed relocation of the structure known as the “boom town” building to the lot at 402 South 4th Street. She stated that this lot held a family home and locating a commercial building there would compromise the residential integrity of their neighborhood, and their concerns are at several levels: 1) that a commercial structure belongs in a commercial environment and house in residential neighborhoods, 2) concern for the nature of the business that would occupy the space; 3) concern for other open spaces in their neighborhood and if one commercial enterprise open the door for more as they are near the river, lost many house and have many empty lots. She stated that the “boom town” building be part of the town square, and offer it for lease.

Loretta Prather, 417 South 5th Street; Dave Burris, 405 South 5th Street; and Chuck Klemmer, 412 South 5th Street, also opposed the moving of the “boom town” building to 402 South 4th Street.

Tim Lamb, 1704 Belmont Road, stated that on behalf of the Red River Foundation, they are interested in this building and would like to present a proposal to the Urban Development Committee.

Mayor Owens closed the public hearing.

Committee No. 3, Public Service, reported having considered the application for moving permit by EAPC for Urban Development to move building from intersection of Division and South 3rd Street to 402 South 4th Street, and recommended to approve a moving permit for the “boom town” building to a site to be determined before September 30 based on acceptability of 402 South 4th Street or another lot being accepted.

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

Lonnie Winrich, Historical Committee, stated that this building is on the National Register of Historic Places and if the building is moved very far it will lose that Register status, that the State Review Board met on Tuesday to specifically consider the lot at 402 South 4th Street and they approved retaining Register status providing the building was sited on a lot in a commercial setting, which means next to the sidewalk and sidewalk to the street, and if the building is moved to the Myra Museum it will lose its Register status, and unfortunately the best places to put the building have already been rejected by council; and in order to retain its Register status it needs to remain within a commercial context and at a site where such a “boom town” building would have originated.

After further discussion and upon call for the question and upon voice vote, the motion was defeated by 13 votes.

ADOPT RESOLUTION VACATING KITTSON AVENUE
FROM SOUTH 3RD STREET EAST TO THE RIVER

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate Kittson Avenue from South 3rd Street east to the Red River, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor’s office.

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

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

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7879 - Resolution.

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

REPORTS OF OFFICERS

The city auditor presented and read the Statement of Changes and Cash Balances for period ending August 31, 1999. It was moved by Council Member Babinchak and seconded by Council Member Bouley to receive and file. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-16, dated September 20, 1999, and totaling $3,246,732.94, 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

REFER ITEMS BACK TO COMMITTEE

Mayor Owens asked that any items to be sent back to committee be pulled at this time.

Council Member Hafner asked that an item under the Public Service Committee be pulled - matter of location of sewage Lift Station #5, but asked Mr. Yavarow to explain the scenario behind this.

Mike Yavarow, Engineering Department, reported that as part of the flood control project the City is required to relocate infrastructure and some of the main items starting with are sewage lift stations, one station the council has approved to site is in Lincoln area, and have to move two more major ones to relocate as follows: one in Riverside area and one adjacent to St. Anne’s. He reviewed plan that was in the Corps design and north of the Simonson’s Station and Office Building there is a floodwall that comes down along 3rd Street, and location picked out by the Corps is on the northwest corner of the Simonson gas station; that with an adjacent parcel of property that was identified in the Corps plan where the school maintenance building is as part of the greenway. It was noted that they had requested that the lift station be put back against the floodwall as much as possible. He stated we had our consultant, Tom Hanson, WFW, review the Corps recommendation and he concluded the same location as best for the City. Mr. Arch Simonson appeared before the committee and felt that the floodwall could be moved to save his building and would put the lift station some other place. He stated that because of the design and the lack of safety factors because slip plains in the area that really cannot happen. He stated that the next option was to move the lift station farther west into the alley between the Simonson building and the school building. He stated because of the proximity of the buildings there a cost estimate was done and would raise the cost of the lift station by approx. $200,000 and the committee felt that was unreasonable. He stated they were left with two options: 1) putting it on the Simonson property or 2) possible use of the school maintenance building and they were told at that time there were potential other uses for that building and was deferred to the meeting this evening for Urban Development to follow up with respective interests for that building and referred back to committee as a use has been found for that building.

Council Members Hafner and Klave stated their action was pending some positive action for that building and apparently have received further information that there is positive action for and asked that this matter be returned to committee to consider that and any other offers that would be available.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
ON PROPERTY AT 2210 SPRINGBROOK COURT

Committee No. 1, Finance, reported having considered the application for abatement of 1998 taxes by Stanley and Gwen Kovarik, 2210 Springbrook court (lot 12, Block 1, Blair-Satrom Addition), and recommended approval of an abatement of 1998 taxes for 2210 Springbrook Court.



It was moved by Council Member Hamerlik 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 hereby approved. Carried 13 votes affirmative.

APPROVE APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO RESIDENTIAL PROPERTY

Committee No. 1, Finance, reported having considered the application for exemption of improvements to residential property by Harry and Peggy Feilen, 709 South 19th Street, and recommended approval for an exemption of improvements on 709 South 19th Street.

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

Committee No. 1, Finance, reported having considered the application for exemption of improvements to residential property by Donald F. Barcome, 2424 Olson Drive, and recommended approval of an exemption of improvements for 2424 Olson Drive.

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

SET SALE DATES FOR VARIOUS BOND ISSUES

Committee No. 1, Finance, reported having considered the matter of setting sale dates for bonds, and recommended to approve the sale dates of October 18 for General Obligation Dike bonds, Series 1999A, Refunding Improvement Bonds, Series 1999B, and Storm Sewer Reserve Revenue Bonds, Series 1999C and November 15 for Sewer Reserve Revenue Bonds, Series 1999D and Water Reserve Revenue bonds, Series 1999E with the award at 7:30 p.m. on the same dates.

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

ADOPT RESOLUTION RELATING TO GENERAL
OBLIGATION DIKE BONDS, SERIES 1999A AND
CALLING FOR THE PUBIC SALE THEREOF

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7880 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO $6,825,000 REFUNDING
IMPROVEMENT BONDS, SERIES 1999B AND CALLING
FOR THE PUBLIC SALE THEREOF
Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7881 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO STORM SEWER
RESERVE REVENUE BONDS, SERIES 199C AND CALLING
FOR THE PUBLIC SALE THEREOF

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7882 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO SEWER
RESERVE REVENUE BONDS, SERIES 1999D, AND
CALLING FOR THE PUBLIC SALE THEREOF

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7883 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO WATER RESERVE
REVENUE BONDS, SERIES 1999E, AND CALLING FOR
THE PUBLIC SALE THEREOF

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7884 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and her signature attested by the City Auditor.

APPROVE CHANGE TO JOB DESCRIPTION FOR
CENTRAL GARAGE SUPERVISOR

Committee No. 1, Finance, reported having considered the matter of job description change for central garage supervisor, and recommended approval to request five years of experience for the job description change of Central Garage Supervisor.

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

INTRODUCE ORDINANCE RE. EMPLOYEE DISCIPLINE
BY DEPARTMENT HEAD WITH APPEAL TO MAYOR

Committee No. 1, Finance, reported having considered the matter of employee discipline by department head with appeal to mayor, and recommended that the ordinance be amended that written reprimands or reprimands of three days or less with suspension can only be appealed to the mayor and direct the city attorney to draft the appropriate language and introduce for first reading.

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

Council Member Bakken introduced an ordinance entitled “An ordinance amending Section 6-0605 of the Grand Forks City Code relating to appeals from disciplinary action”, which was presented, read and passed on its first reading.

APPROVE FOX-LAWSON & ASSOCIATES RFP FOR
COMPENSATION AND BENEFITS MARKET ANALYSIS
PROPOSAL

Committee No. 1, Finance, reported having considered the matter of Fox-Lawson & Associates RFP for compensation and benefits analysis and recommended to approve Fox-Lawson & Associates and authorize up to $20,000 be expended and the two council members to serve on the committee be Council Members Hamerlik and Beyer.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ARTS ACROSS MINNESOTA GRANT CONTRACT

Committee No. 1, Finance, reported having considered the matter of Arts Across Minnesota grant contract, and recommended proper City officials be authorized to execute the grant documents.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
CONSIDER MATTER OF COMPLAINT RE. DOGS ON
PROPERTY AT 219 COTTONWOOD STREET

Committee No. 2, Public Safety, reported having considered the matter of complaint re. dogs on property at 219 Cottonwood Street, and recommended to have the city attorney look at both sides of the issue, from the police viewpoint and the health viewpoint to see if ordinances can be adjusted to give us the ability to address this issue; and ask the city attorney to meet with health department to see if there is something we can do that is legal, using other cities as a guideline and then pursue what we have to do to try to resolve the problem.

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

APPROVE CHANGE IN NAME OF APPLEBEE’S
CORPORATION RE. ALCOHOLIC BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the matter of notification of change in name of Applebee’s corporation (holder of alcoholic beverage license) (from Grandapple, LLC dba Applebee’s Neighborhood Grill & Bar to Grandapple, Inc.), and recommended to approve, pending city attorney’s approval.

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

AUTHORIZE SIGNS BE PLACED AT PEDESTRIAN
CROSSWALK ON 17TH AVENUE SOUTH NEAR RIDER
ROAD INTERSECTION

Committee No. 2, Public Safety, reported having considered the matter of request for pedestrian crosswalk on 17th Avenue South near Rider Road intersection across from Red River High School, and recommended to request signs be placed at Rider Road and 17th and request police department to monitor the area.

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

MONITOR SPEED LIMITS ON 47TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of speed limits on 47th Avenue South, and recommended that the area be monitored and if there is still concern after South Washington is open, the issue will be revisited.

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

AMEND 1999 BUDGET TO USE CASH CARRYOVER
TO PUCHASE FIRE PUMPER

Committee No. 2, Public Safety, reported having considered the matter of request for fire pumper, and recommended to amend the 1999 budget to use cash carryover in Loan & Stabilization Fund in the amount of $192,700 to purchase a fire pumper and reduce the 2000 section of the budget and Loan and Stabilization Fund in the same amount.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request from the Police Department to amend their budget in the amount of $200.00 to reflect donation received from Grand Forks Police Reserve Fund Raiser Account for GREAT Program, was presented and read.

A request from the Police Department to amend their budget in the amount of $12,000.00 to cover incurred and future expenses for remainder of the year, was presented and read.

A request from the Police Department to amend their budget in the amount of $3,493.48 to reflect interest earned from Grant 2 to be placed into individual grant categories, was presented and read.

A request from the Police Department to amend their budget in the amount of $2,096.10 to reflect earned interest from Grant 3 to be placed into individual grant categories, was presented and read.

A request from the Health Department (Project #2032.1) to amend their budget in the amount of $1,010.00 to reflect funds from Food Manager Certification Class, was presented and read.

A request from the Community Initiative Program (HL15) to amend their budget in the amount of $2,000.00 to reflect revenue generated by Immune Coalition to support educational programs, was presented and read..

A request from the Tobacco Grant to amend its budget in the amount of $15,000 to reflect additional grant funding for Tobacco Program from ND Department of Health, was presented and read.

It was moved by Council Member Martinson and seconded by Council Member Bouley that these amendments be and are hereby approved. Carried 13 votes affirmative.

AUTHORIZE SIGNAGE AT INTERSECTION NEAR
ECO-LAB AND SALVATION ARMY

Committee No. 2, Public Safety, reported having considered the matter of signage at intersection near Eco-Lab and Salvation Army, and recommended to ask traffic engineering to do a study of this area and install a sign if need and report back to committee.

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

APPROVE CHANGE ORDER FOR SOUTH FIRE
STATION PROJECT

Committee No. 2, Public Safety, reported having considered the matter of change order for South Fire Station, and recommended to authorize the fire chief to approve change orders up to $10,000 with the chief reporting back to committee with preference to report to committee.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE PURCHASE OF POLICE VEHICLES

Committee No. 2, Public Safety, reported having considered the matter of purchase of two police vehicles, and recommended to approve purchase of 1998 Chrysler Intrepid and 1998 Chevrolet Lumina from the Chrysler Center for the price of $15,157.00 and $13,157.00 for a total of $28,314.00, with extended warranties at best reasonable price, funding through Block Grant 2 along with funds in department vehicle budget.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

DECLARE EMERGENCY SITUATION AND AUTHORIZE
REPAIR OF SLUDE OUTFALL LINE

Committee No. 3, Public Service, reported having considered the matter of repair of sludge outfall line and budget amendment, and recommended to declare an emergency situation and direct appropriate staff to negotiate with appropriate parties for repair.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET TRANSFERS ON MN DNR
PERMITTING ISSUES

Committee No. 3, Public Service, reported having considered the matter of update on MN DNR permitting issues, permit issues on raw water permits, and recommended to approve a budget transfer in the amount of $27,000 and instruct staff to contact the DNR to see if they would waiver 50% of the fee.

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

Committee No. 3, Public Service, reported having considered the matter of update on MN DNR permitting issues, matter of plans and specifications for 7 million gallon reservoir modifications, and recommended to approve modifications to the reservoir, with a budget transfer from cash carryover, not to exceed $183,200 and give Advanced Engineering approval to advertise for bids for the project.

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

It was moved by Council Member Hafner to amend the motion to include CDBG eligible language. Council Member Klave seconded the motion. Carried 13 votes affirmative.

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

APPROVE BUDGET AMENDMENTS

A request from the Public Transpiration Department to amend their budget in the amount of $41,938.28, to purchase the budgeted DAR vehicle (which includes local vendor match of 17% of total cost), was presented and read.

A request from the Water Treatment Department to amend their budget in the amount of $5,000.00 for repair of roof membranes on the 56/68 plant and pretreatment, was presented and read.

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

APPROVE PLANS AND SPECIFICATIONS FOR SITE
GRADING AT BALING FACILITY SITE

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for site grading at baling facility site, and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE ENGINEERING AGREEMENT FOR GIS
SERVICES, PROJECT NO. 5085

Committee No. 3, Public Service, reported having considered the matter of engineering agreement with Greater Forks Engineering Group for GIS services for Project No. 5085, and recommended to approve $1,200,760, contingent upon CDBG funding available.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE RATES FOR GPS SURVEYING, PROJECT
NO. 5015, FLOOD MITIGATION, PHASE I

Committee No. 3, Public Service, reported having considered the matter of establishing rates with CPS, Ltd. for GPS (Global Positioning System) surveying with Greater Forks Engineering Group for Project 5015, Flood Mitigation, Phase I (CDBG), and recommended approval of the rate (hourly rate of $50).

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES,
PAVING PROJECTS NOS. 4829, 5048 AND 4960

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for study and report, CPS, Ltd., Projects Nos. 4829, 5048 and 4960, paving 42nd Street from University Avenue to 29th Avenue South and 17th Avenue from South 42nd Street to South 35th Street, and recommended approval of $119,890.00 subject to Engineering Department approval.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES,
VARIOUS WATER DISTRIBUTION SYSTEM IMPROVE-
MENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various water distribution system improvement projects: Project No. 5071, water tower at the Central Business District, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various water distribution system improvement projects: Project No. 5072, watermain on Gateway Drive from Columbia Road to the English Coulee and from 42nd to 55th Streets, and recommended approval of engineering agreement contingent upon ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various water distribution system improvement projects: Project No. 5073, watermain on North Columbia Road from University Avenue to Gateway Drive, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various water distribution system improvement projects: Project No. 5074, watermain on North 42nd Street from University Avenue to Gateway Drive, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5075, watermain on South 48th Street from DeMers to 17th Avenue South, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5076, watermain on Belmont Road from 17th to 24th Avenue South and on 24th Avenue South from Belmont Road to Viking water tower, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5077, watermain on 13th Avenue South from Belmont Road to Cherry Street, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5078, watermain on South 20th Street from Blackwood to 17th Avenue, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5079, watermain on North 4th Street from 5th Avenue to 9th Avenue to Lewis Blvd., and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5080, watermain on University Avenue from 11th Avenue to Columbia Road and on North 23rd Street from University to 5th Avenue, and on 5th Avenue North from 23rd to 21st Street, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5081, watermain on 6th Avenue North from Columbia Road to 42nd Street, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5082, watermain on Hamline Street from University to 6th Avenue and on Oxford Street from 5th to 6th Avenue, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5083, watermain on Mill Road from Conklin Avenue to Bacon Road, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various projects: Project No. 5084, watermain on Conklin Avenue from 3rd to 5th Streets, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.

It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES,
PROJECTS NOS. 4981 AND 4982, REHAB. SANITARY
PUMP STATIONS #14 AND #15

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services, design engineering services, Webster, Foster & Weston, Projects no. 4981 and 4982, Rehabilitate Sanitary Pump Station #14 and #15, and recommended approval in the amount of $47,874.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES,
AMENDMENT NO. 2, PROJECT NO. 4687, SEWER
CLEANING AND TELEVISING

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 2, Webster, Foster & Weston, Project No. 4687, Sewer Cleaning and Televising (CDBG), and recommended approval to increase the maximum amount payable to $180,000.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4863, RESTORE SANITARY
SEWER AREA 3

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 11, construction administration, Webster, Foster & Weston, Project No. 4863, Restore Sanitary Sewer Area 3 (CDBG), and recommended approval in the amount of $114,012.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4983, REPLACE PUMP
STATION NO. 27

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 1, construction administration, Webster, Foster & Weston, Project No. 4983, Replace Pump Station No. 27, and recommended approval in the amount of $29,000.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 5070, REHABILITATE
SANITARY PUMP STATION #13

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 1, design, CPS, Ltd., Project No. 5070, Rehabilitate Sanitary Pump Station #13 (CDBG), and recommended approval of $31,581.00 and authorize this project for funding on the cost matrix under University Village funds.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4995, 4996 AND 4997,
UTILITIES IN UNIVERSITY VILLAGE

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 2, construction administration, CPS, Ltd, Project Nos. 4995, 4996 and 4997, Sanitary Sewer, Watermain and Storm Sewer in University Village (CDBG), and recommended approval not to exceed $33,556.00, CDBG, already on the cost matrix for this project.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ENGINEER’S REPORT FOR PROJECTS
NOS. 5015 AND 5028, FLOOD MITIGATION

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Projects Nos. 5015 and 5028, Flood Mitigation, and recommended approval of Engineer’s Report.

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

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
4971, WATER TOWER LEVEL CONTROLS

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4971, Water Tower Level Controls, and recommended approval of Engineer’s Report of CDBG related projects.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4971, WATER TOWER LEVEL CONTROLS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4971, Water Tower Level Controls (CDBG eligible), and recommended approval of plans and specifications and authorize for bids using CDBG funds.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4970, WATER ON COLUMBIA ROAD AND CONNECTION
TO UND WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4970, water on Columbia Road from DeMers to University Avenues and connection to UND water tower (CDBG), and recommended approval of plans and specifications and authorize call for bids using CDBG funds.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4959, DISTRICT NO. 400

The city engineer’s estimate of total cost of the construction of storm sewer on South 42nd Street from 17th to 29th Avenues South, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4959, District No. 400, storm sewer on South 42nd Street from 17th to 29th Avenues South, and recommended to 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 Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7885 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR STEAM
LINE TO SERVE BARNES AND NOBLE

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for project No. 5069, steam line to serve Barnes and Noble, and recommended approval of plans and specifications contingent upon finding an acceptable location.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5028.2, FLOOD MITIGATION PHASE III

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5028.2, Flood Mitigation Phase III (CDBG), and recommended to approve plans and specifications.

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

APPROVE PLANS AND SPECIFIATIONS FOR PROJECT
NO. 4824, MILL AND OVERLAY STREETS, CITY WIDE,
PHASE I

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4824, Mill and Overlay Streets, City Wide Phase I (CDBG), and recommended approval of plans and specifications and advertise for bids.

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

APPROVE CHANGE ORDER, PROJECT NO. 4687

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4687, Sewer Cleaning and Televising, C.O. #10 (CDBG), and recommended to approve a change order to Viking Pipe Services Co., Inc. in the amount of $300,000 in CDBG funds.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, SEWER PROJECT NO. 4860

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4860, Storm Sewer Restoration Area 2, C.O. #6 (CDBG), and recommended to approve a change order to Molstad Excavating in the amount of $34,500 with CDBG funds for the local share to plug and abandon outfalls at Division and 3rd and at Lewis and 8th.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECTS 4654.350 AND
4654.351

Committee no. 3, Public Service, reported having considered the matter of change orders for Projects Nos. 4654.350 and 4654.351, restore brick storm seer, C.O. #2 (CDBG), and recommended to approve a change order to Pressure Concrete, inc. in the amount of $31,752.00 of CDBG funding for lining of brick sewers.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECTS NOS. 4752 AND
4753, REHABILITATE SANITARY PUMP STATIONS #9
AND #11

Committee No. 3, Public Service, reported having considered the matter of change orders for Projects Nos. 4752 and 4753, Rehabilitate Sanitary Pump Station #39 and #11, Electrical Contract, C.O. #2, and recommended to approve a change order to Smith Construction Co., Inc. in the amount of $1,062.01.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 4684

Committee No. 3, Public Service, reported having considered the matter of change orders for Project no. 4684, Sanitary Pump Station #33, Forcemain Contract, C.O. #2, and recommended to approve a change order to Duckstad Contracting in the amount of $12,603.59 for road and approach construction and recycled concrete.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 5015

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 5015, Flood Mitigation Phase I, C.O. #3 (CDBG), and recommended to approve a change order to Nodak Contracting in the amount of $232,500 for dirt work while interim dikes are going up.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 5028.1

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 5028.1, Flood Mitigation Phase II, C.O. #1 (CDBG), and recommended to approve a deductive change order to Molstad Excavating in the amount of $21,800 to delete the east canal gate and ditching.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4968

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4968, watermain bottleneck replacement at 28th Avenue South and Washington Street, C.O. #1 (CDBG), and recommended to approve a change order to Schipper Construction in the amount of $21,397.50 and a deductive change order to Schipper in the amount of $11,060 to bore and push 12” pipe under road.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECTS 4880, 4882 AND
5026
Committee No. 3, Public Service, reported having considered the matter of change order for Projects Nos. 4880, 4882 and 5026, watermain on South 20th Street from 47th to 51st avenue, on 62nd Avenue South from Washington Street to Columbia Road, and on South Columbia Road from 62nd to 47th Avenues, C.O. #1, and recommended to approve three deductive change orders to United Crane and Excavation in the amounts of $1,250, $1,425 and $337.50 for backfill and a change in completion date.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE EXTENSION OF RELOCATION VOUCHER
PROGRAM FOR INDIVIDUALS UNTIL OCTOBER 31, 1999

Committee No. 4, Urban Development, reported having considered the matter of relocation voucher program, and recommended approval to extend the voucher program for Brian and Cheryl Christianson to October 31, 1999.

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

REQUEST WRITTEN OPINION ON REQUEST FOR
PHASE III HOUSING REHAB PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Phase III Housing Rehab Program (citizen request at 1521 Walnut Street), and recommended to ask city attorney for a formal written opinion as to whether granting this request would violate State law on the issue of conflict of interest.

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

APPROVE COST MATRIX BUDGET TRANSFERS

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers for various water projects (increase $300,000 to clearwell, transmission lines, and to decrease the following projects: Bottleneck watermain replacement on 28th Avenue South, $105,000; Downtown watermain replacement, Phase II, $522,000; N. Columbia Road from Demers to University, $221,000; Bottleneck watermain replacement, 17th Avenue South, $32,000; and North 11th Street and 5th Avenue loop, increase by $580,000), and recommended approval of cost matrix budget transfers and increase to unobligated funds.

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

APPROVE HISTORIC HOME MOVING PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of approval of Historic Home Moving Program, and recommended to approve the Historic Home Moving program as written contingent upon city attorney review.

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

APPROVE SELECTION OF LOT FOR RELOCATION OF
DAHLEY RESIDENCE

Committee No. 4, Urban Development, reported having considered the matter of approval of lot selected for relocation of Dahley residence, and recommended approval of 412 South 4th Street for the relocation of the Dahley home.

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

APPROVE LEASING OF SPACE ON EAST SIDE OF SOUTH
3RD STREET BETWEEN DIVISION AND BRUCE AVENUES
FOR TEMPORARY PARKING LOT

Committee No. 4, Urban Development, reported having considered the matter of leasing space on east side of South 3rd Street between Division and Bruce for temporary parking lot, and recommended approval for $1.00 with Grand Forks County for parking space on the east side of South 3rd Street between Division and Bruce for a temporary parking lot, the County is to be responsible for gravel and liability, the County also requests an opening in the temporary dike and will be responsible for snow removal on the lot.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, RESIDENTIAL DEMOLITION

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, residential demolition, (Peterson Construction in the amount of $3,000) and recommended approval.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to Construction Engineers in the amount of $2,624.
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to TF Powers, deductive in the amount of $667, part of Brady cost.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to Lunseth Plumbing & Heating in the amount of $578 (part FNB cost).

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to Nova Fire Protection in the amount of $286.
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to Nova Fire Protection in the amount of $551 continent upon assigning of responsibility.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to Moorhead Electric in the amount of $317.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order, and recommended approval to Construction Engineers in the amount of $6,962.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motions carried.

APPROVE MORTENSON CONTRACT AS WRITTEN

Committee No. 4, Urban Development, reported having considered the matter of the Mortenson contract, and recommended that we honor the Mortenson contract as written.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE EXTENSION OF REHAB GRANT FOR 214
DEMERS AVENUE

Committee No. 4, Urban Development, reported having considered the matter of rehab grant for 214 DeMers Avenue, extension of rehab grant, and recommended approval of extension of completion deadline at 214 DeMers to December 15, 1999.

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

APPROVE PLAN OF TOWN SQUARE, AND APPROVE
EXTENSION OF CONTRACT WITH ENGINEER FOR
PLANS AND SPECIFICATIONS
Committee No. 4, Urban Development, reported having considered the matter of Town Square, and recommended approval of the Town Square plan and to authorize proper City officials to negotiate and enter into an extension of our current contract with Widseth Smith Nolting to have them prepare plans and specifications and provide construction supervision with a total budget of $650,000, which is inclusive of their fees.

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

Council Member Bakken moved to have this matter sent back to committee for further consideration, Council Member Martinson seconded the motion.

Council Member Glassheim reported that the consultant has worked on this months in the making, that this will be adjacent to the Schoen & Kobetsky development, that it’s a plus for them, that this will be an activity center and will be very attractive.

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

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

APPROVE CHANGE ORDER FOR DEMOLITION OF
SORLIE BUILDING

Committee No. 4, Urban Development, reported having considered the matter of change order for demolition of the Sorlie Building, and recommended approval of a change order to Gowan Construction in the amount of $14,000 to remove the foundation and compact the Sorlie building site.

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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE PROCEEDING WITH BIDDING AND
CHANGE ORDERS FOR HISTORIC HOME RELOCATIONS

Committee No. 4, Urban Development, reported having considered the matter of authorization to proceed with bidding and/or change orders for historic home relocation, and recommended approval of a change order to Gowan Construction not to exceed $125,000 for 10 Fenton and 1518 Riverside Drive and to bid the moving of 617 Plum, 57 4th Avenue south and 701 South 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PROPOSED ACCESS TO JOBS ROUTE AND
SERVICE

The Bus Committee reported having considered the matter of proposed Access to Jobs route and service on or about October 1 as submitted with option presented at hearing to modify route past Listen Center, and recommended approval.

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

AUTHORIZE BIDDING PROCESS FOR JANITORIAL
SERVICE FOR BUS SHELTERS

The Bus Committee reported having considered the matter of request to begin bidding process for janitorial service for bus shelters, and recommended approval.

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

DIRECT STAFF TO START NEGOTIATING CONTRACT
WITH COMPASS FACILITY MANAGEMENT FOR
MANAGEMENT OF THE AURORA

The Events Center Core Committee reported having considered the matter of selection of management firm, and recommended that we have staff start negotiating a contract with Compass Facility Management for the management of The Aurora.

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

APPROVE CHANGE ORDER TO HAVENS STEEL CONTRACT

The Events Center Core Committee reported having considered the matter of change order to Havens Steel contract, and recommended that we approve change order No. 4 to Havens Steel contract in the amount of $1,080,725 and the reservation of rights agreement.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE TRANSFER OF PROPERTY AT 317 SOUTH
3RD STREET TO THE CITY

The Flood Protection Committee reported having considered the matter of transfer of tax forfeiture land at 317 South 3rd Street (north 30 ft. of Lot 5, Block 1, Viets Addition) to the city of Grand Forks, ND and recommended to ask that the County deed the north 30 ft. of Lot 5, Block 1, Viets Addition to the city of Grand Forks.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

DIRECT PROCEEDING ON A CASE BY CASE BASIS
IN ALL AREAS WHERE NEED TO ACQUIRE LAND FOR
DIKE ALIGNMENT

The Flood Protection Committee reported having considered the matter of initiation of acquisition process for the permanent Corps project, and recommended to proceed on a case by case basis in all areas we need to acquire for the dike alignment.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

RECEIVE AND FILE MATTER OF HISTORICAL SOCIETY
REQUEST OF ELKS CONDO PROPERTY

The Flood Protection Committee reported having considered the matter of Historical Society request of the Elks Condo property, and recommended to receive and file.

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

AUTHORIZE LEASE AGREEMENT WITH COUNTY
FOR TEMPORARY PARKING LOT

The Flood Protection Committee reported having considered the matter of leasing space on east side of South 3rd Street for parking, and recommended to authorize proper City officials to prepare a lease for $1.00 with Grand Forks County for space on the east side of South 3rd Street between Division and Bruce for a temporary parking lot.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to the council and/or referred to committee as follows:
1) Council Member Glassheim presented the matter of the committees looking at ways to decrease amount of administrative detail they handle, and the matter was referred to each of the standing committees.
2) Mr. Swanson reported that he appeared before the North Dakota Supreme Court upon their consideration of reducing a judicial position in the District including Grand Forks, and that after the hearing he had an opportunity to speak briefly with a couple of the Supreme Court justices and he thought they were intrigued by some of the situations that the City of Grand Forks will experience as a result of flood recovery and how that impacts on the judicial needs of the area. He stated that whether or not we will be successful in our efforts to maintain that judicial position, remains to be seen.
3) Council Member Bakken and Council Member Klave stated that they have received numerous complaints about the functioning of our new electronic water meters, and asked for further information. Todd Feland stated he would be available and if anyone had questions they can contact him; and that in the transition from the old to the new meter system some account bills were two and one-half to three months and so there was increased usage, and there was some estimating of accounts, and that new meters should read more accurately than the old meters.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Beyer that we do now adjourn until Monday, October 4, 1999 at 7:30 o’clock p.m. Carried 13 votes affirmative.


Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_________________________________
Patricia A. Owens, Mayor