City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 4, 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, October 4, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Member Lunak - 1.

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

FLOOD REPORT

Ken Vein, city engineer, reported that copies of the report were on the council members desks and high lighted several items:

He stated that Barr Engineering that is studying the realignments to the southern portion of the dike is expected to make their final presentation to the public in mid-October, they have been making very good progress with that. He stated that the City has received the final report from Shannon & Wilson on September 24 which addresses potential alternative techniques to strengthen weak soils in the alignment and copies had been forwarded to council members. He stated that a public presentation regarding the report will be made on October 13 in the council chambers.

Mr. Vein stated that one of the more significant things that have happened with the project is under the Federal Appropriations Process, where on September 28, the Senate passed the Energy and Water Appropriations bill that included $10 million for the new start for our project, and that the House had passed the bill on September 27, and the President signed the bill on September 30, and it is now Public Law 106-60.

He also reported that the Interim Flood Protection Plan is progressing, and one of the last areas to be completed this year is the downtown area, and one thing that is going to happen as they proceed through the downtown is that they will be doing an inspection trench, closing off DeMers and will try to coordinate that with other work downtown where the Sorlie building demolition would be taking place and scheduled for around October 11 and 12.

MATTER OF CONGRESSIONAL REPORT

Council Member Hafner reported that as of today there are 139 houses sold with 16 pending, bringing a total to 155, and that there are 2 to 3 offers per week. and is looking very good.

REFER ORDINANCE RELATING TO APPEAL OF
SUSPENSION OF EMPLOYEE BY DEPARTMENT HEAD
BACK TO COMMITTEE

An ordinance entitled “An ordinance amending Section 6-0605 of the Grand Forks City Code relating to appeals from disciplinary action”, which had been introduced and passed on its first reading on September 20, 1999, was presented and read for consideration on second reading.

Council Member Carpenter and Council Member Babinchak asked that this matter go back to the finance committee for further consideration.

HOLD PUBLIC HEARING ON APPLICATION FOR MOVING
PERMIT TO MOVE BUILDING FROM 522 SOUTH 4TH
STREET TO 412 SOUTH 4TH STREET AND HOLD APPLICATION
UNTIL SITE PLAN IS FILED

The city auditor reported that the notice of public hearing on the application by Paul R. Dahley to move a building from 522 South 4th Street to 412 South 4th Street to be used as a residence, had been published and passed as required.

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

Dee Watson, 408 South 4th Street, urged the council to vote against the moving of a building to 412 South 4th Street, which is an adjacent lot, and that she had been told by Mr. Dahley that a tree in her yard would have to be removed or that branches over the property line would be cut. She stated that she would be willing to work with anyone re. this matter but has been unable to find where placement of the house would be.

Tim Manz, Inspection Department, stated that they haven’t received site plan for this property, but don’t issue permit until they receive site plan, and don’t know setbacks but has to be 5 ft from each property line for the side yards and front setback has to be 25 ft. unless receives permission.

COUNCIL MEMBER BEYER REPORTED PRESENT

Paul Dahley, 522 South 4th Street, stated he had discussed this with Ms. Watson, and that he is willing to work with her on trimming the tree but as far as moving the house back on the lot, have to look at neighborhood, all the houses are in line.

After further discussion the public hearing was closed.

It was moved by Council Member Bouley and seconded by Council Member Martinson to hold this matter until a site plan is filed. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The city auditor’s statement of investment activity for the period ending September 30, 1999, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment No. 99-17, dated October 4, 1999 and totaling $1,221,502.18, 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 Brooks that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll cal the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR TAX EXEMPTION OF
IMPROVEMENTS TO RESIDENTIAL PROPERTY

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to residential property: Paul L. and Julia P. Wallin, 1411 Chestnut Street, and recommended approval of an exemption for 1411 Chestnut Street for three years.

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

APPROVE BUDGET AMENDMENT

A request from the Human Resources Department to amend their budget in the amount of $12,197 to cover shortages for year end was presented and read. it was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this budget amendment be and is hereby approved. Carried 13 votes affirmative.

MATTER OF SURPLUS PROPERTY

Committee No. 1, Finance, reported having considered the matter of surplus property from the civic auditorium and from urban development and planning, and recommended to declare the items surplus and to go head with auction on October 2, pending city attorney approval.

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

CONSIDER MATTER OF PROPOSED PARKING EXPANSION
FOR CITY HALL

Committee No. 1, Finance, reported having considered the matter of proposed City Hall parking expansion update, and recommended to further pursue the sale of the lot at the corner of 5th and 2nd Avenue to se if anyone is interested and refer to Planning and Zoning to obtain the necessary variances and rezoning and further that we pursue negotiations with John French for purchase of his lot pending rezoning and selling the other parcel.

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

Council Member Glassheim stated that this is a residential neighborhood and to put a parking lot in and encroach upon it is not really a good idea, and that there is some discussion underway now of a renaissance zone and this entire block could be a prime candidate for developing high rise housing without tearing down anybody’s existing apartments.

After some discussion and upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Glassheim voted against the motion.

APPROVE BID FOR FURNITURE FOR HEALTH
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of bids for exam room furniture for Health Department, and recommended approval of the Gaffaney’s bid for the Health Department exam room furniture in the amount of $8,022.75.

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

APPROVE BUDGET AMENDMENT

A request from the Police Department to amend their budget in the amount of $1,973.11 to reflect insurance payments for damages to city patrol vehicles, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE POLICY FOR ADJACENT PROPERTY OWNERS
USING CITY-OWNED PROPERTY ACQUIRED BECAUSE
OF FLOOD FOR FUTURE USE

Committee No. 3, Public Service, reported having considered the request by property owners to move fence at 3129 Olson Drive onto adjacent property on East Elmwood, and recommended to allow this property owner to enter into agreement with the City, and to develop a policy for adjacent property owners using city-owed property acquired because of flood for future use.

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 REQUEST BY RED RIVER HIGH SCHOOL
FOR WAIVER OF BUILDING PERMIT FEE TO COSTRUCT
HOUSES

Committee No. 3, Public Service, reported having considered the request by Red River High School for waiver of building permit fees to construct two houses, and recommended that we approve the request.

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.
DECLARE WASTEWATER DEPARTMENT BUILDING
AS SUPRLUS AND OFFER FOR SALE

Committee No. 3, Public Service, reported having considered the request by Wastewater Department to declare building (temporary Pump Station #33) as surplus, and recommended to declare this building as surplus and to offer for sale.

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 BUDGET AMENDMENT

A request from the Waterworks Department to amend their budget in the amount of $950,000 from cash carryover to consultant for water department improvements, was presented and read.

A request from the Public Works Department to amend their budget in the amount of $35,215.00 for installed refueling systems at public works facility, bus garage and landfill, 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 BALING
FACILITY STRUCTURE

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for baling facility structure, 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 VARIOUS EASEMENTS FOR PROJECT
NO. 4970

Committee No. 3, Public Service, reported having considered the matter of various easements: permanent watermain easement through UND property for Project No. 4970; temporary construction easement through UND property for Project No. 4970; permanent watermain easement adjacent to Columbia road and north of DeMers Avenue for Project No. 4970; and temporary construction easement adjacent to Columbia Road and north of DeMers Avenue for Project No. 4970; and recommended to approve the easements as presented and authorize the proper City officials to sign the easements.

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.

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR PROJECT NO. 5064, LANDFILL CLOSURE PROJECT
PHASE III

Committee No. 3, Public Service, reported having considered the matter of agreements for design engineering services with Webster, Foster & Weston for Project No. 5064, Landfill Closure Project Phase III, and recommended to enter into agreement for engineering services in an amount not to exceed $60,150.40.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4698

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 to engineering services agreement with KBM for Project No. 4698, Industrial Park Storm Water Pumping Station (CDBG), and recommended to approve Amendment No. 1 in the amount of $29,240.00, contingent upon receiving additional funding.

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

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
4981, REHABILITATE SANITARY PUMP STATION #14

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4981, Rehabilitate Sanitary Pump Station #14, and recommended to approve the 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.
4982, REHABILITATE SANITARY PUMP STATION #15

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4982, Rehabilitate Sanitary Pump Station #15, and recommended to approve the 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.
5070, REHABILITATE SANITARY PUMP STATION #13

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for
Project No. 5070, Rehabilitate Sanitary Pump Station #13, and recommended to approve the 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.
5042, 7 MG RESERVOIR MODIFICATIONS

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5042, 7 million gallon reservoir modifications, and recommended to approve the Engineer’s Report and to amend council action of September 20, 1999 to make the project CDBG eligible.

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.
5071, WATER TOWER AT CENTRAL BUSINESS DISTRICT

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5071, Water Tower at the Central Business District, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5072, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5072, watermain on Gateway Drive from Columbia Road to the English Coulee and from 42nd to 55th Street, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5073, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5073, watermain on Columbia Road from University Avenue to Gateway Drive, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5074, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5074, watermain on North 42nd Street from University Avenue to Gateway Drive, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5075, WATERMAIN

Committee no. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5075, watermain on South 48th Street from Demers to 27th Avenue, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5076, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5076, watermain on Belmont road from 17th to 24th Avenues South and on 24th Avenue South from Belmont Road to Viking water tower, and recommended to approve the Engineer’s Report, continent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5077, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5077, watermain on 13th Avenue South from Belmont Road to Cherry Street, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5078. WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5078, watermain on South 20th Street from Blackwood to 17th Avenue, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5079, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5079, watermain on North 4th Street from 5th Avenue to 9th Avenue to Lewis Blvd., and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5080, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s report for 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 to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5081, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5081, watermain on 6th Avenue North from Columbia Road to 42nd Street, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5082, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5082, watermain on Hamline Street from University to 6th Avenue and on Oxford Street from 5th to 6thAvenues, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5083, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5083, watermain on Mill Road from Conklin Avenue to Bacon Road, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5084, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5084, watermain on Conklin Avenue from 3rd to 5th Street, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5090, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5090, 42nd Street, 17th to 29th Avenues, watermain, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
5091, 7 MG RESERVOIR UPGRADES

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 5091, 7 mg reservoir upgrades, and recommended to approve the Engineer’s Report, contingent upon staff’s review of 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.

APPROVE ENGINEER’S REPORT FOR PROJECT NO.
4648.1, WATER DISTRIBUTION TIEBACKS

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project no. 4648.1, water distribution tiebacks, and recommended to approve the 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.
4648.2, PARTIAL TRANSMISSION LINES
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for Project No. 4648.2, partial transmission lines, and recommended to approve the 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 PLANS AND Specifications FOR PROJECT
NO. 4864, RESTORE STORM SEWER AREA 3

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4864, restore Storm Sewer Area 3 (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 SPECIFICATIONS FOR PROJECT
NO. 5062, SANITARY SEWER TO STADTER PSYCHIATRIC
CENTER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5062, sanitary sewer to the Stadter psychiatric Center, 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.

AWARD BIDS FOR PROJECT NO. 4698, STORM PUMPING
STATION AT INDUSTRIAL PARK

Committee No. 3, Public Service, reported having considered the matter of construction bids for project no. 4698, Storm Pumping Station at the Industrial Park (CDBG), and recommended to approve award of bid of general construction portion of the pumping station project to United Crane & Excavation in the amount of $345,540.50, and approved award of electrical construction portion of the project to Samson Electric in the amount of $38,977.00, contingent upon CDBG funding.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4854,
FORCEMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2 for Project No. 4854, forcemain replacement on Columbia Road from 17th to 24th Avenue South, Molstad Excavating, contractor, $840.00, and recommended to approve the change order.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5015,
FLOOD MITIGATION DIKES

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 4 for project No. 5015, Flood Mitigation dikes, Nodak Contracting, $66,375.00, and recommended to approve the change order in the amount of $66,375.00.

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

APPROVE BIDS FOR SALT AND SAND

Committee No. 3, Public Service, reported having considered the matter of bids for salt and sand, and recommended to accept the bid of Kilichowski Trucking for 325 tons of salt in the amount of $11,664.25, and of Bradshaw Gravel for 5,400 tons sand in the amount of $43,092.00.

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

APPROVE LEASING OF SNOW REMOVAL EQUIPMENT

Committee No. 3, Public Service, reported having considered the matter of lease of snow removal equipment, and recommended to approve request to lease equipment (Athey loader) at $6,000/month.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved.
Council Member Lucke questioned leasing of this equipment when we may have bidding requirement and with option involved seems like we are purchasing the equipment and wanted clarification. Mr. Swanson with respect as to whether or not this is sole provider of equipment not in a position to address, that the City in entering into lease agreements is not mandated to bid, however, it has been the practice of the City to do so. He stated that in this case he understands it is not a purchase, that if it were a purchase of used equipment it would be his recommendation that some sort of request for proposals or bids be undertaken, but that it’s a lease with some type of option, puts it in a gray zone, but can’t say that it clearly violates any local ordinance or state law.

Todd Feland, public works department, stated this equipment is unique piece of equipment, and this company is the only provider of this equipment. It was stated this is a conveyor belt system and trucks can be loaded from behind the unit, and used in narrow areas (alleys).

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: Council Members Brooks, Lucke - 2. Mayor Owens declared the motion carried.

CONSIDER MATTER OF LOCATION OF SEWAGE LIFT
STATION NO. 5

Committee No. 3, Public Service, reported having considered the matter of location of sewage lift station No. 5, and recommended that the northerly part of the Coke building be torn down and the lift station be moved westerly to that site.

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

Ken Vein, city engineer, reported that the City of Grand Forks purchased the School Maintenance building, that earlier on levee alignments had shown that this was going to be an earthen levee through the school building and then matched into a floodwall and it was because of that alignment that the City purchased the building but the Corps revised this to a floodwall and it conflicted with our earlier criteria that we wanted to make sure that we have a backup system with clay behind a floodwall; that the Corps then looked at this as a parking lot and that’s what was on our current plan, that they had shown several locations for the lift station, and Webster, Foster & Weston, engineer has been working on relocating existing infrastructure and in this case the current lift station had to be relocated and now have a proposed storm sewer station and a sanitary sewer lift station. He stated that the mains that come down 8th Avenue are needed to keep it close to that and tie back into the forcemain. He stated a number of locations had been looked at, that this took out Simonson’s whether floodwall or an earthen levee and it appeared that even with better information were looking at where could move it in these locations. He stated that after discussions the end result was that they would move it into the older part of the old Coke plant building. He stated that only the north portion of the building would be demolished and Mr. Simonson has expressed a desire for the south portion, and not able to state what will happen to the rest of the building at this time. Gary Christiansen, Urban Development, stated there is another business that’s still interested in that building (the whole building) and probably not with any part of the building missing.

After further discussion and upon call for the question, the motion carried 10 votes affirmative, with Council Members Hamerlik, Glassheim and Carpenter voting against the motion.

APPROVE EXTENSION TO RELOCATION VOUCHER

Committee No. 4, Urban Development, reported having considered the matter of request for extension to
relocation voucher, and recommended approval to extend the relocation voucher for Theresa and Richard Graziano to December 31, 1999.

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

APPROVE CHANGE ORDERS FOR CORPORATE
CENTER AND RAMP

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders and recommended approval of change order to Construction Engineers in the amount of $13,553.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of Mortenson change order to Construction Engineers in the amount of $1,676.00, tenant cost.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders and recommended approval of Mortenson change order to Construction Engineers in the amount of $1,940.00, contingent upon funding approval by tenant.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of Mortenson change order to TF Powers in the amount of $605.00.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of Mortenson change order to Lunseth Plumbing & Heating in the amount of $3,503.00.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of Mortenson change order to Listul industries in the amount of $38,296.00, contingent on assignment of responsibility.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of Mortenson change order to Northland, Ltd. in the amount of $1,725.00.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders (Corporate Center ramp), and recommended approval of Mortenson change order to Moorhead Electric in the amount of $7,279.00 to correct error on original change order.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of substantial completion to Heymann’s Construction, USA.

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

APPROVE SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval of a change order to MAAC Metro in the amount of $59,988.00 for
the abatement of 15 South 3rd 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, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE COMMERCIAL REHAB GRANT EXTENSIONS

Committee No. 4, Urban Development, reported having considered the matter of commercial rehab grant extensions, and recommended approval of the following grants to be under contract by October 31, 1999: 8 South 3rd Street, M & S Partnership 12 S. 3rd Street, Sam Silverman; and 312 Kittson, Kim Holmes; and recommended an extension to October 15 for exterior work and January 7, 2000 for completion with no payments made on any that come in after January 7: 112 N. 3rd, G.E.Satrom; 421 DeMers, Henry Howe; 324 Kittson, Ken Monson; 416 DeMers, LTD Properties & Victorian Rose; 212 N. 4th Street, Lyons auto; 124 N. 3rd Street, Mama Lola’s; 205 N. 3rd Street, Hub; 215 South 4th, Firehall Rentals; 121 N. 5th, D & J Enterprises; 412 2nd Avenue N. Firehall Theatre; 202 N. 3rd, Chamber of Commerce; 301 North 3rd, Ward Johnson; and an extension for the completion of the interior until October 31 and until January 7 for the exterior for 9 North 3rd, LTD Properties and 311 DeMers Avenue, Tiger Management; interior grant extensions are contingent upon the sub-recipients completing the exterior work in compliance with historic requirements.

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

APPROVE CHANGE ORDER FOR ABATEMENT OF
WINTERGARDEN CONDOMINIUMS

Committee No. 4, Urban Development, reported having considered the matter of change order for abatement of Wintergarden Condominiums, and recommended approval of change order to Horsley construction in the amount of $28,521.00 and to extend their contract from October 23 to November 6.

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

AUTHORIZE BIDDING OF DRY SIDE HISTORIC REHAB

Committee No. 4, Urban Development, reported having considered the matter of authorization to bid dry side historic rehab, and recommended approval to call for bids for exterior work at 1424 University, 523 North 3rd Street, 505-507 North 3rd Street, 310 5th Avenue North and 21 Seward Avenue.

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

APPROVE DECLARATION OF SURPLUS FOR LOT
AT 412 SOUTH 4TH STREET AND TO ENTER INTO
LIKE-KIND EXCHANGE

Committee No. 4, Urban Development, reported having considered the matter of declaration of surplus for lot at 412 South 4th street and authorization to enter into a like-kind exchange, and recommended approval to declare the lot at 412 South 4th Street surplus and authorize staff to enter into a like-kind exchange with the Dahley’s to trade that lot with their current property at 522 South 4th Street and proceed with the relocation under the previously approved Historic Home Moving Program.

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

It was moved by Council Member Beyer and seconded by Council Member Babinchak to amend the motion to make it contingent until the site plan is approved. Carried 13 votes affirmative.

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

AUTHORIZE USE OF PHASE IV CONTINGENCIES FOR
FLOODED NEIGHBORHOOD CLEANUP PROJECT

Committee No. 4, Urban Development, reported having considered the matter of flooded neighborhood cleanup, and recommended approval to use $40,000 of Phase IV contingencies for the completion of the flooded neighborhood cleanup project.

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

APPROVE RESTORATION PROJECT FOR METROPOLITAN
OPERA HOUSE

Committee No. 4, Urban Development, reported having considered the matter of Metropolitan Opera House, and recommended approval of the JLA restoration project for the Metropolitan Opera House.

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

Council Member Hamerlik stated that the council had previously committed $250,000 and now there is a request for $350,000 of CDBG monies and it’s with the understanding that if this is not allocated, it won’t be rehabbed.

John O’Leary, Urban Development, stated there were several commercial buildings in the central business district that were important for the historic preservation efforts for both local and State, including the Metropolitan Opera House, and the Memorandum of Understanding asked the City to make a reasonable effort to find a developer for that project, that the City hired Royce Yeater to do an analysis of the project and estimated cost, etc. and put out a request for proposals for the project, asking developers to submit proposals. He stated that the City did not purchase this building, which is owned by the original owners who have indicated they are not interested in restoring the property, and that they received one proposal from JLA. He stated that the $250,000 that was originally budgeted was an estimate, and when received the RFP responses back and when looked at Mr. Laffen’s proposal he had originally requested an additional sum of $500,000, that staff met with the developer to see if there could be some cuts in that number and the developer now has a revised proposal and the developer would put in about $1.2 million in this project and that would be through equity or debt.
Mr. Laffen stated it was their intent to redevelop the old Metropolitan Opera House in a very first class fashion, that their goal is to put commercial tenants on all three floors to make the cash flow work with the revised cost figures, with indoor parking at the rear of the building. He stated they think this is a grand old building, that it has not been kept up for many years, windows deteriorated, copings and cornice lines are gone, etc. and want to restore building to the way it was built in the year 1891 and think the project being close to the County Court House and with indoor parking will be viable as commercial space. He stated that their cost matrix has them assuming $1.2 million.

Mr. Laffen stated they were told $250,000 had been set aside for this project, and when they proposed this project they stated that with $250,000 won’t make it cash flow with totally restoring this building, and at that point were asking for approval on the $250,000 and Urban Development Committee and Department suggested that they put together the entire package of what they would request before any approvals were made. Mr. Laffen stated they are not proposing any request for tax abatement.

Mr. O’Leary stated that they advertised this as broadly as they knew how in the right media, but this is a difficult one to do, require a lot of money, and stated that one of the concerns of the Urban Development Committee was to make sure that the local match and give developer an appropriate length of time to place that mortgage before we proceed with this, and if the mortgage isn’t placed then we need to reallocate the $600,000 to other projects, and should they choose to pass this tonight, it’s the staff’s recommendation that the development agreement between the City and the developer do one of two things; that it would either provide assurance to the City that the commercial loan, mortgage, is in place at some appropriate length of time, perhaps by the first of the year which would be about 90 days; or ask the developers to provide a guarantee of the $600,000 if we proceed with the rehab of the building. He stated that the developer’s agreement could contain either one of those two provisions at the discretion of the developer.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik to amend the motion to obtain an assurance from the developer that the commercial mortgage was in place and provide a reasonable length of time for that to happen by January 3, 2000. Carried 13 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: Council Member Lucke - 1. Mayor Owens declared the motion carried.

APPROVE MATTER OF WASHIGTON SCHOOL
RENTAL REHAB PROJECT

Committee No. 4, Urban Development, reported having considered the matter of Washington School rental rehab project, and recommended to reduce the payment for the ten-year term of the loan on the Washington School Rental Rehab Project to $500/month, starting on January 1, 2001 with a balloon payment at the end.

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

Council Member Beyer reported that one of the individuals who owns this property would like to sell to another one in the partnership, doesn’t change principal or interest, only changes payment to facilitate the purchase of that property, and understanding is that this will come back at some date to discuss restructuring.

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

AUTHORIZE STAFF TO REQUEST APPLICATIONS
FOR BRICKS AND MORTAR AND/OR PUBLIC SERVICE
PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of $300,000 allocated to public service, and recommended to authorize staff to send out a notification, invite applications for either bricks and mortar or public service projects and set up a preliminary schedule for review. (Disaster Supplemental CDBG program to non-profit agencies)

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

Council Member Hamerlik asked that after staff does this, what is the next process. Mr. O’Leary stated that staff is requesting clarification of process and Urban Development Committee decided to use the same process that was used in previous years for the allocation of these funds.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Bakken voted against the motion.

APPROVE ADJUSTMENT TO DESIGN TEAM CONTRACT

The Events Center Core Committee reported having considered the matter of adjustment to design team contract, and recommended that we approve the adjustment to the design team contract in an amount not to exceed $70,000 for the integration of the signage packages.

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

REPORT ON CHANGE ORDERS

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

CIN #119.06: addition of $68,890 to Nodak’s contract to enhance the irrigation and landscaping plans.
CIN #130.02: addition of 449,891 to Linfoot contract and an addition of $22,007 to Bergstrom’s contract to make modifications for the magic carpet system.
CIN #160.01: addition of $1,571 to add two additional louvers to Structures, Inc.’s contract.
CIN #173.05: addition for modifications to the slab edge pour stop to Wanzek’s contract for $1,795.
CIN #176.04: addition to increase the capacity of the circus tie-downs and is a not to exceed amount of $16,500.

COMMUNICATIONS FROM THE MAYOR

Mayor Owens reported that Christine Diers who is part-time in the Info Center and she has agreed to be assigned as the council’s staff person, that they will work out the details and get to city council; that she discussed this with department head at meeting to designate someone in their departments to be contact person.

Mayor Owens stated that they have been communicating with individuals in North Carolina re. flooding, that they talked about adopting a city, Rocky Mountain, NC or Greenville, NC, and they talked about putting a proclamation together and adopting the city of Greenville, NC which has 58,000 pop. and has s call into the Governor’s Office and that if they need a team of our people to go we will do that, they are in dire need of information. She asked for council approval to put proclamation together on behalf of the entire city, mayor and council and to work with these people to show our support.

It was moved by Council Member Klave and seconded by Council Member Bakken to adopt a proclamation as outlined by the mayor. Carried 13 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: Regular Estimate Summary, $5,054,937.62; CDBG Estimates, $2,885,360.66; and Flood Estimate Summary in the amount of $1,273,850.58, totaling $9,214,148.86.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll cal the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project No. 4538, Aurora construction, ICS; Project No. 4669, southend drainway, Phase 1B; Project No. 4910, 1999 ADA curb ramp construction; and Watermain Replacement Project No. 5018, District No. 269.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the city council for their information and/or consideration:

1) Council Member Klave presented letter and pictures that he would like to refer to engineering for their consideration.
2) Mr. Swanson reported that he attended the IMLA Conference in Toronto, and presented listing to the council members of the various papers that were presented, and if anyone needed copies to let him know.

CONSIDER MATTER OF GOVERNMENT RESTRUCTURE
COMMITTEE

Council Member Brooks reported that the Government Structure Committee completed its meetings and made its recommendations and that time is of the essence with regards to that recommendation, and moved that a committee of the whole meeting be called within the next week to look at this; Council
Member Lucke seconded the motion.

Council Member Glassheim stated it was his intention to refer this to Urban Development and to have two meetings, one on October 13 and one on October 27 and back to council with recommendations for first meeting in November; and that this would allow it to go to a vote of the people prior to the June election.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

3) Council Member Polovitz asked if Inspections could make list of who is out of compliance along Highway 2.
4) Council Member Bouley presented the matter of cleanup reimbursement on insurance policies; the matter was referred to the Urban Development Committee.
5) Council Member Glassheim presented the matter of the recommendations of Government Structure Review Committee, and the matter was referred to Urban Development Committee.

APPOINTMENT OF COMMITTEE TO REVIEW
APPLICATIONS FOR SMALL BUSINESS GRANTS

Council Member Carpenter stated that relating to the $875,000 Small Business Assistance Program that they prioritized at the cost matrix meeting, that last time this went through the Growth Fund Subcommittee and through the Growth Fund Authority and recommended that this time they do the review through a committee of council members; and moved the establishment of a Small Business Grant Committee consisting of Council Members Hamerlik, Martinson and Klave to review applications and make recommendations, with the city council to serve as an appeals body. Council Member Beyer seconded the motion. Carried 13 votes affirmative.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Polovitz that we do now adjourn until Monday, October 18, 1999 at 7:30 p.m. Carried 13 votes affirmative.

Respectfully submitted,

Saroj Jerath
Deputy City Auditor

Approved:
_________________________________
Patricia A. Owens, Mayor