City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 6, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, December 6, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner - 13; absent: Council Members Martinson - 1.

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

Michael Polovitz stated he wanted to report on an upcoming conference in Winnipeg - the International Coalition Conference and the Red River Basin Board will be discussing water issues within the Red River Basin, He stated that more people should be involved, including governments of the major cities within our Red River Basin, that this will be an excellent conference; and that the International Coalition rotates their meetings between Winnipeg, Fargo and Grand Forks and next year this conference will be in Grand Forks, and urged attendance at this conference.

SUSPEND RULES FOR AGENDA

Council Member Glassheim moved to suspend the rules and consider the matter of mayor’s veto of city council resolutions; Council Member Hafner seconded the motion. Carried 12 votes affirmative; Council Member Hamerlik voted against the motion.

CONSIDER MATTER OF MAYOR’S VETO OF CITY
COUNCIL RESOLUTIONS RELATING TO ADMINISTRATIVE
POSITION

Mayor Owens reported that she visited with Council Member Glassheim, chairman of the Government Structure Committee, to work a compromise and discuss her veto of three resolutions of the council: Document No. 7907.1- Communication. She stated that there is a fine line between the duties of the administrative and legislative bodies but need to be cohesive team to move forward in the community in a positive manner. She stated that when she ran for mayor she promised the citizens of Grand Forks that she would not put in place a non-elected administrator and that the mayor would remain accountable to them as to how their government is run. She stated that as a part-time mayor she recognizes the importance of having a top notch administrative person to help coordinate the day to day operations of the city, to serve as a process leader, a consensus builder, a problem solver and to unify the thoughts of the mayor and administrative branch with the legislative branch that establishes policy. She stated that at this point she is asking that they override the number 1 veto; that they discussed number 2 and number 3 and asked that the mayor’s veto be upheld, and did compromise on number 3.

Council Member Glassheim stated that as they are voting on these tonight to think of them as a package and what they are getting for the city of Grand Forks, that they are close to getting what many of them have wanted, which is greater accountability of administration and a coordinator to whom the department heads report and who is responsible to and answers to the mayor.

Council Member Glassheim stated that he recommended that they override the first item which is the establishment of the position; that the second item says it would not be in the mayor’s office and he is recommending that they sustain the mayor’s veto, that they not override, that’s a detail and that he doubts that it will end up physically in the mayor’s office, and it is understood that this will not be a mayor’s assistant but will be an administrative coordinator with independent responsibilities. He stated that on the third item there are 9 pieces to this item which is mainly a list of expectations of the council as to and instructions to a team that will draft the job description. He stated he is recommending to sustain the mayor's veto on the third item and if that is sustained, then reintroduce item 3 deleting 7 and 8 (8 is government structure to evaluate the position after 6 months) and 7 has to do with instructions about the mayor’s assistant and that can be left to a later time and more of the mayor’s discretion as to what the assistant would be.

Mr. Swanson, city attorney, stated that under the Code the mayor must provide you with a written explanation of her veto which was done in a memorandum dated November 19, 1999 and also under the Code the city council must consider and must take action to override any veto at the next regularly scheduled city council meeting, there were three separate motions or resolutions that were vetoed by the mayor, all three have to be voted upon independently, the motion would be from the floor of the council to override the mayor’s veto of each particular item and it requires 10 affirmative votes to override the veto.

Council Member Babinchak moved a motion to override the mayor’s veto on a.., that the City have an administrative coordinator position established by January 1, 2000; Council Member Hamerlik seconded the motion.

Mike Polovitz stated that the council is putting itself in a very difficult position again with the public, that you have an agreement worked out but it’s a change from what the public has been informed.

Upon roll call the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Brooks, Lucke - 12; voting “nay”: Council Member Polovitz - 1. Mayor Owens declared the motion carried and the veto overridden.

Council Member Carpenter moved a motion that we override the mayor’s veto on b., that the administrative coordinator position is located physically and symbolically outside the mayor’s office. Council Member Lunak seconded the motion.

Council Member Carpenter stated that what they are doing with the establishment of the administrative coordinator position is saying that they have a change in city government and how day to day administration is going to take place.

Council Member Glassheim stated that they needed to make sure there was an understanding that this position was a new position and it was not a mayor’s assistant but a person independent of the mayor; that the mayor understands the importance of this position and is in agreement with the position and understands the difference between an assistant and an administrator and don’t think we need to go through this as a council vote.

Upon roll call vote the following voted “aye”: Council Members Bouley, Carpenter, Lunak, Beyer,

Babinchak, Bakken, Hafner, Lucke - 8; voting “nay”: Council Members Glassheim, Klave, Brooks, Polovitz, Hamerlik - 5. Mayor Owens declared the motion failed and the veto sustained..

It was moved by Council Member Glassheim and seconded by Council Member Carpenter that we override the mayor’s veto on c., substitute motion entitled Statement of Expectations for the administrative coordinator.

Council Member Glassheim reviewed the items that were deleted from the Statement of Expectations for the administrative coordinator: 7. portions of the assistant to the mayor’s job description be deleted from administrative coordinator, especially clerical and office manager functions which should be part of a separate job description for mayor’s assistant, and ombudsman functions which should be distributed out to the departments responsible; that it would be deleting that and remain silent on that at this time; the second item that he would delete is that the Grand Forks Government Structure Review Committee will meet with the mayor, council and department heads after six months to evaluate the change and make additional recommendations if necessary; and to delete that the position be by contract.

Council Member Glassheim stated that it would be in the job description this position reports to the mayor, and if it’s not working it’s the mayor’s responsibility, that the mayor makes the final hire and the chief elected official is in charge of this position and also ask that once a month that this position come to the council and report, main items they are working on, problems, and that’s not the same thing as having supervisory control over them.

After further discussion, and upon roll call the following voted “aye”: Council Members Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Lucke, Bouley - 9; voting “nay”: Council Members Glassheim, Brooks, Polovitz, Hamerlik - 4. Mayor Owens declared the motion defeated and the veto sustained.

FLOOD REPORT

Ken Vein, city engineer, reviewed the monthly update of the flood protection project dated December 6, 1999. He stated there were several items he wanted to bring to their attention under the Technical Work Update: that the Corps is continuing to study geological tests section and hydraulic models in an effort to finalize the project’s levee alignment, that if there are going to be any changes should have some review and public input possibly in January or February. He stated that one of the sub-consultants, HDR, is planning on giving the flood protection committee an update on the widening of portions of the existing English Coulee diversion and the proposed extension of the channel at their meeting on December 15, and a public meeting will be set up later for that evening. He stated that some final changes are being made to the project cooperation agreement and should be ready for signing by the cities and the Corps officials in December or January, the City will be asked to sign an intent to sign letter for the Corps at the next flood protection meeting on the 15th. He reported that the Corps has finished much of their analysis using the UNET hydraulic model to determine the impacts of the flood protection water surface elevations, both upstream and downstream, and according to report impacts are minimal but will be having two public presentations scheduled by the Corps to show their results.

He stated that under consultants update on the southend alignment, the County officials have been working with the residents in the area and are expected to discuss this issue again at the County Commission meeting scheduled for tomorrow at 4:00 p.m. He also reviewed the upcoming meetings shown on the last page of the update.

He reviewed the matter of the public protection subcommittees that have met with the Grand Forks Park Board and the City of Grand Forks to discuss their involvement with the greenway, and that committee met with City staff on the governance of the greenway and there will be a committee formed by both cities to work on board membership and bylaws of the proposed Red River Renaissance.

Council Member Lunak asked how the greenway is going to be funded. Mr. Vein stated there are two different fundings for it, capital costs for improvements plus the on-going operation and maintenance, that they’re working toward coming up with funding alternatives that will be available. He stated one of the more significant concerns is the on-going operation and maintenance and how they will fund that because will have a huge liability in these areas, and that funding mechanism has not been put together; some of the other capital concerns are part of their on-going work plan that they are looking at to address some of the funding alternatives or options that are available. He stated they put out a schematic plan to some level of what they are trying to do and lot more details to be worked out. He stated that the City will own the land between the levee and the river and will require maintenance; and they need to continue to work on the funding.

ADOPT ORDNANCE NO. 3826, RELATING TO THE CIVIL
SERVICE SYSTEM

An ordinance entitled “An ordinance amending Sections 6-0604, 6-0606, and6-0607 and adopting and enacting 6-0606.1 of the Grand Forks City Code relating to the Civil Service System”, which had been introduced and passed on its first meeting on November 15, 1999, was presented and read for consideration on second reading and final passage.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE ZONING MAP TO
INCLUDE WITHIN B-3 (GENERAL BUSINESS) DISTRICT
LOT 4, BLOCK 4, SUNNY NODAK FARMS ADDITION TO
DECEMBER 20, 1999

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and include within the B-3 (General Business District), Lot 4, Block 4, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 15, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening but that the notice did not meet the publication requirements and asked the council to continue this hearing until December 20, 1999.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

It was moved by Council Member Hafner and seconded by Council Member Bouley that the public hearing and second reading of the ordinance be continued to December 20, 1999. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE ZONING MAP TO
INCLUDE WITHIN GREENBERG PUD CONCEPT DEVELOPMENT
PLAN AN AREA LOCATED BETWEEN 32ND AVENUE SOUTH
AND 40TH AVENUE SOUTH EXTENDED AND BETWEEN
SOUTH 34TH STREET AND INTERSTATE 29 R/W

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Columbia park PUD (Planned Unit Development), Amendment No. 10, Concept Development Plan, and the A-1 (Limited Development), Concept Development Plan, and the A-1 (Limited Development) District and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan”, which had been introduced and passed on its first reading on November 15, 1999, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening but that the notice did not meet the publication requirements and asked the council to continue this hearing until December 20, 1999.

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

It was moved by Council Members Hafner and Babinchak that the public hearing and second reading of the ordinance be continued to December 20, 1999. Carried 13 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3827, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF COLUMBIA PARK 27TH ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 27th Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 15, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called for the public hearing; there were no comments and the public hearing was closed.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for final approval of a plat of Columbia Park 27th Addition to the city of Grand Forks, North Dakota (located between 32nd Avenue South and 36th Avenue South and between South 34th Street and Interstate 29), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation had been moved and seconded by Council Member Hafner and Council Member Glassheim.

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

APPROVE FINAL PLAT AND ADOPT ORDINANCE
NO. 3828, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE THE PUBLIC R/W SHOWN AS DEDICATED
ON THE REPLAT OF LOT 7, BLOCK 1, KANNOWSKI’S
FIRST ADDITION

An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 7, Block 1, Kannowski’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on November 15, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called for the public hearing; there were no comments and the public hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of the Red River Foundation for final approval of a Replat of Lot 7, Block 1, Kannowski’s First Addition to the city of Grand Forks, North Dakota (located east of South Columbia Road and between 55th Avenue South extended and 58th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Map. The recommendation had been moved and seconded by Council Members Hafner and Babinchak.

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

ADOPT ORDINANCE NO. 3829, AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-4 (CENTRAL BUSINESS)
DISTRICT ALL OF LOT 5, BLOCK 8, TRAILLS ADDITION

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (Multiple Family Residence - High Density) District and include within the B-4 (Central Business) District, all of Lot 5, Block 8, Traill’s Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 6, 1997, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

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

ADOPT RESOLUTION VACATING ALL OF LEVEE
STREET FROM DIVISION AVENUE TO 1ST AVENUE NORTH

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of Levee Street from Division Avenue to 1st Avenue North, 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 Lunak 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. 7908 - Resolution.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4998, DISTRICT NO. 576

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 576, Project No. 4998, paving and street lighting on Cambridge Street from 10th Avenue North to Gateway Drive, and 10th Avenue North from Cambridge Street to North Columbia road, had expired on November 26, 1999, and that he had received no written protests.

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

Council Member Lunak introduced the following resolution as to protests which was presented and read: Document No. 7909 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest against Paving District No. 576, Project No. 4998, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONRACT, PAVING PROJECT NO.
4998, DISTRICT NO. 576

The city auditor presented and read tabulation of bids which had been received and opened on November 29, 1999 for Paving Project No. 4998, District No. 576, paving and lighting in University Village Addition, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $554,997.50 and alternate E1C in the amount of $20,700: Document No. 7910 - Bid Tabulation.

The city engineer’s estimate of total cost on Paving Project No. 4998, District No. 576, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4998, District No. 576, paving and street lights in University Village Addition (CDBG), and recommended that failure to submit shop drawings as minor informality; and that we award bid to Nodak Contracting in the amount of $554,997.50 and alternate E1C in the amount of $20,700.00.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7911 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4998, District No. 576, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING FROM 255 ELKS DRIVE TO 501
SEWARD AVENUE (GARAGE)

The city auditor reported that the notice of public hearing on the application by Craig Spicer to move a building from 255 Elks Drive to 501 Seward Avenue to be used as a garage had been published and posted as required.

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

It was moved by Council Member Lunak and seconded by Council Member Klave that we do find and determine an insufficiency of protest. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application for moving permit by Craig Spicer to move building from 255 Elks Drive to 501 Seward Avenue (garage), and recommended to approve with cement slab and minor repairs to be made at the new site.

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

REPORT OF BOARD OF ZONING ADJUSTMENT

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, December 2, 1999, that notice had been published as required and that the following appeals were heard: 1) Lt. Byron Sieber on behalf of City of Grand Forks Police Department, 1800 North 36th Street, request for variance to the landscaping and paving requirements in order to develop the property, variance approved to delay the paving and landscaping requirements for five years in order to develop the property; 2) Keith Danks, 2004 DeMers Avenue, request for variance to the rear yard setback requirement in order to construct a loading dock, variance approved to allow zero feet of rear yard setback in order to remodel the existing building to add a loading dock; and 3) Terry Hanson on behalf of Grand Forks Homes, 5044 West Elm Court, request for variance to the front yard setback requirement in order to turn garage into living space, variance approved to allow nine feet of second front yard setback in order to convert the existing garage into living space.

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

APPROVE BILLS

Vendor Payment Listing No. 99-21, dated December 6, 1999, and totaling $2,546,733.92, 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 Lunak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR EXEMPTION OF IMPROVE-
MENTS TO PROPERTY AT 2002 UNIVERSITY AVENUE #1

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to commercial and residential buildings: Tom K. Kenville, 2002 University Avenue #1, and recommended to grant a three-year exemption to Tom Kenville at 2002 University Avenue #1.

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.

DECLARE CERTAIN PROPERTY AT CIVIC AUDITORIUM
AS SURPLUS AND OFFER FOR SALE

Committee No. 1, Finance, reported having considered the matter of surplus property at civic auditorium, and recommended to declare the bleachers and banquet chairs surplus and any additional items be presented to the committee chair prior to the council meeting with approval from there and the finance department.

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 FOR WASTEWATER
RATE INCREASES

Committee No. 1, Finance, reported having considered the matter of Year 2000 wastewater rate increases, and recommended to introduce the ordinance for 2000 wastewater rate increases.

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 Babinchak introduced an ordinance entitled “An ordinance amending Section 15-0301 and subsection 15-0304(2)(F) of the Grand Forks City code, relating to wastewater rates”, which was presented, read and passed on its first reading.

APPROVE HOLIDAY BONUS

Committee No. 1, Finance, reported having considered the matter of holiday bonus, and recommended to council to continue the practice of holiday bonus of four hours on a pro-rated basis to be used by September 1, 2000, and that CDBG positions have contracts amended to allow for holiday bonus of four hours on a pro-rated basis.

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

ADOPT RESOLUTION CALLING FOR A SPECIAL
ELECTION ON CONSIDERATION OF A USE TAX

Council Member Babinchak moved to take this item off the table as it was tabled in November to this date; Council Member Beyer seconded the motion.

Mr. Swanson advised that because this was tabled to this meeting, you wouldn’t be required to have a motion to remove it from the table, but because you have that motion, either have to vote on the motion or withdraw it. Council Members Babinchak and Beyer withdrew the motion from the floor.

Committee No. 1, Finance, reported having considered the matter of election regarding use tax, and recommended to adopt the resolution calling for a special election on the consideration of a use tax: Document No. 7912 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and that the reason this item was tabled was to set a date in conjunction with the council size vote and that they would be able to meet the requirements of 15th or 22nd of February, 2000, and moved that we set the election regarding use tax for February 22.

Mr. Swanson reported that perhaps two meetings ago he provided the council with a complete resolution setting forth the ballot language and calling for the date of the special election, this would be an election considering the amendments of the Home Rule Charter to impose a use tax in a similar fashion as the sales tax. He stated that the two dates appear to be appropriate for an election, staying with a Tuesday, would be either February 15 or 22, and either of those dates can be met by the publication requirements; and because it involves an amendment to the Home Rule Charter there has to be sixty (60) days from the first date of publication to your election date.

Council Member Lucke asked if at the same time the council was going to approve the ballot language on the downsizing and if not done tonight, would have to choose the 22nd. Council Member Babinchak stated that was not on the agenda, and intent is that they would bring that up under new business and also set the date for that.

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

AUTHORIZE “NO PARKING HERE TO CORNER” AT
19TH AVENUE SOUTH AND SOUTH COLUMBIA ROAD

Committee No. 2, Public Safety, reported having considered the matter of request to review parking on 19th Avenue South at South Columbia road, and recommended to install “no parking here to corner” signage for safety issues with the Fire and Police Departments review for safety.

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

AUTHORIZE REDUCTION OF SPEED LIMIT AT 55TH
AVENUE SOUTH AND SOUTH WASHIGTON STREET

Committee No. 2, Public Safety, reported having considered the request for slower speed limit at 55th Avenue and South Washington Street, and recommended to reduce the speed limit to 45 mph south of the church.

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

AUTHORIZE HOLDING OF ALCOHOLIC BEVERAGE
LICENSE FOR KNIGHTS OF COLUMBUS COLUMBIAN
CLUB
Committee No. 2, Public Safety, reported having considered the matter of liquor license for Knights of Columbus Columbian Club, and recommended to hold the license until July 1, 2000.

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

ACCEPT BID FOR AERIAL PLATFORM TRUCK FOR
FIRE DEPARTMENT SUBJECT TO CDBG FUNDING

Committee No. 2, Public Safety, reported having considered the matter of fire apparatus bid, and recommended to not open the KME bid, to remove American LaFrance because it did not meet bid specs., to remove Pierce #2 because it is a demo and to accept the bid of Heartland Fire Apparatus, Inc. for Pierce #1 in the amount of $615,151.00, subject to CDBG funding.

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

APPROVE PURCHASE OF SPRAY MACHINE FOR
HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of purchase of Cougar ultra-low volume spray machine, and recommended approval of the purchase of a Cougar ultra-low volume spray machine in the amount of $7,785.00.

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

APPROVE BUDGET AMENDMENT

A request from the Communicable Disease (Youth Comm. Imm. Proj. #2033) for transfer of $5,794.00 from Youth Committee budget (dissolved) and transferred to Health Department to continue project, was presented and read.

It was moved by council Member Bouley and seconded by Council Member Bakken that this budget transfer be approved. Carried 13 votes affirmative.

APPROVE REQUEST FOR SIGNAGE AT DAYCARE, 1902
22ND AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of daycare request for signage, request for “loading/unloading” zone in front of 1902 22nd Avenue South, and recommended approval.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 1923 5TH AVENUE
NORTH

Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 1923 5th Avenue North, commercial building, and recommended to receive and file.

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

Mr. Swanson, city attorney, advised that the appropriate motion and that they amend the report from the committee would be to set a public hearing on the consideration of the building inspector’s report for January 18, 2000, and at that time the council would take substantive action if any.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.

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

SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 2303 COTTONWOOD
STREET

Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 2303 Cottonwood Street, house, and recommended to receive and file.

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 Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.

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

SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 213 COTTONWOOD
STREET

Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 213 Cottonwood Street, house, and recommended to receive and file.

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 Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.

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

SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 317 SOUTH 3RD
STREET

Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 317 South 3rd Street, commercial building, and recommended to receive and file.

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 Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.

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

SET PUBLIC HEARING DATE OF JANUARY 18, 2000
ON SUBSTANDARD BUILDING AT 1324 11TH AVENUE
SOUTH

Committee No. 3, Public Service, reported having considered the matter of notice of substandard building at 1324 11th Avenue south, house, and recommended to receive and file.

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 Klave and seconded by Council Member Hamerlik that the motion be amended to set the public hearing on the consideration of the building inspector’s report for January 18, 2000 at 7:30 p.m. Carried 13 votes affirmative.

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

APPROVE ENCROACHMENT AGREEMENT FOR PROPERTY
AT 214-216 DEMERS AVENUE

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement for 214-216 DeMers Avenue, and recommended to approve the encroachment agreement and have the city attorney and the Lander attorney finalize the paperwork.
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 CHEMICAL BIDS FOR 2000

Committee No. 3, Public Service, reported having considered the matter of chemical bids for 2000, and recommended to approve the low chemical bids for 2000: 1) aluminum @$179.50ton for 700 tons from border in Winnipeg; 2) ammonia @$1,260/ton from 20 tons from Hawkins in Fargo; 3) anionic polymer @$2,360/ton for 4 tons from Nalco in Kansas; 4) carbon @$588/ton for 50 tons from Hawkins; 5) carbon dioxide @$105/ton for 550 tons from Brion Enterprises in Scotland, SD; 6) cationic polymer @$1,036/ton for 10 tons from NEO Solutions; 7) chlorine @$527/ton for 65 tons from DPC in Rosemont, MN; 8) hydrofluosilicic acid @$255/ton from Hawkins; 9) lime @$63.50/ton for 2,400 tons from Continental of Winnipeg; 10) polyphosphate @$1,097/ton for 40 tons from Prisine of Williston; 11) soda ash @$172.80/ton for 200 tons from Hawkins; 12) sodium aluminate @$502/ton for 50 tons from Dyce of Dickinson.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of chemical bids for 2000, and recommended to return bids that did not meet deadlines.

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

APPROVE SPECIFICATIONS AND AUTHORIZE CALL
FOR BIDS FOR EQUIPMENT FOR STREET DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of specification and call for bids for street department: street sweeper, and recommended approval of specifications and a 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.

Committee No. 3, Public Service, reported having considered the matter of specifications and call for bids for street department: snow plow, and recommended approval of specifications and a 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 BUDGET AMENDMENTS

Requests for budget amendments as follows were presented and read: Sanitation Department, $70,000; Wastewater Department, $280,000; Waterworks Department, $280,000; Public Works Facility, $806,297; Public Transportation, $11,667.00; Engineering Department, $31,200.000; and recommended to approve the budget amendments and renovation projects, approval of a budget amendment from Public Transportation for Access to Jobs Grant in the amount of $11,667.00, and to approve a budget amendment from Engineering in the amount of $31,200.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Brooks voted against the motion.

APPROVE CHANGE ORDER FOR PROJECT NO. 4822,
PUBLIC WORKS FACILITY RENOVATION

Committee No. 3, Public Service, reported having considered the matter of change orders for Public works Facility Renovation, City Project No. 4822, and recommended approval of a deductive change order to Diversified Contractors in the amount of $1,023.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVED BID FOR BALING EQUIPMENT PROJECT
NO. 5023

Committee No. 3, Public Service, reported having considered the matter of baling equipment bid, City Project No. 5023, and recommended that the unopened bid be returned to the bidder for failure to comply with standard bidding procedure, that the letter from Wheeler Wolf (Logemann attorney) be received and filed contingent upon final review with the city attorney and to approve the lump sum low bid from Sanitation Products, Inc. in the amount of $825,716 plus alternates 1 ($8,000), 2 ($6,800) and 3 ($10,270).

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT BETWEEN GRAND FORKS
TRAILL WATER USERS, INC., AGASSIZ RURAL
DISTRICT AND THE CITY OF GRAND FORKS

Committee No. 3, Public Service, reported having considered the matter of agreement between Grand Forks Traill Water Users, Inc., Agassiz Rural Water District and the City of Grand Forks, and recommended approval contingent upon the city attorney’s final review and that the funding source be Project No. 4804, Downtown Watermain Replacement.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 2 TO PROJECT CONCEPT
REPORT FOR PROJECT NO. 5048

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2 to Project Concept Report for Project No. 5048, paving 42nd Street from University Avenue to 29th Avenue South and 17th Avenue from South 42nd to South 35th Street, and recommended approval of Amendment 2 to the Project Concept Report and authorization to submit it to the ND Department of Transportation as the basis for continuing the federal aid funding of 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of permanent water tower easement in Williamson Field for Project No. 5071, and recommended approval of a 200’x200’ easement for Project No. 5071 at a cost of $3,000.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement along Gateway Drive from North 53rd to North 55th Street for Project No. 5072, and recommended approval for a temporary construction easement along Gateway Drive from North 53rd to North 55th Street for Project No. 5072 in the amount of $1.00.

Committee No. 3, Public Service, reported having considered the matter of permanent watermain easement along Gateway Drive from North 53rd to North 55th Street for Project No. 5072, and recommended approval for a permanent watermain easement along gateway Drive from North 53rd to North 55th Street for Project No. 5072 from Weekley’s in the amount of $1,100 contingent upon a signed copy being made available.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for watermain at Columbia road and DeMers to campus Drive for Project No. 4970, and recommended approval for a temporary construction easement for watermain at Columbia Road and DeMers to Campus Drive for Project No. 4970 in the amount of $1.00.

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

REFER MATTER OF VACATION OF CITY UTILITIES
IN ALLEY LOCATED BETWEEN COLUMBIA ROAD AND
HAMLINE STREET TO PLANNING AND ZONING COMMISSION

Committee No. 3, Public Service, reported having considered the matter of request from University of North Dakota to vacate city utilities in the alley located between Columbia Road and Hamline Street from 5th to 6th Avenues North, and recommended to send this to Planning and Zoning and retaining an access easement.

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 THREE-WAY AGREEMENT FOR PROJECTS
NOS. 5123, 5124 AND 5125 IN KANNOWSKI ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Projects Nos. 5123, 5124 and 5125, sanitary sewer, watermain and storm sewer in Kannowski Addition, and recommended approval of a three-way agreement for Projects Nos. 5123, 5124 and 5125 between CPS, Ltd., the City and the Red River Foundation (Zavoral Group) for watermain, sanitary and storm sewer.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECT NO. 4864, RESTORE STORM SEWER AREA 3

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Amendment No. 12, construction administration, Webster, Foster & Weston, Project No. 4864, restore storm sewer Area 3 (CDBG), and recommended approval of Amendment No. 12 with Webster, Foster & Weston for Project No. 4864, in the amount of $198,416.00 in 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4971, WATER TOWER
LEVEL CONTROLS AND PROJECT NO. 4970, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Amendment No. 1, construction administration, Advanced Engineering, Project No. 4971, Water Tower Level controls and Project No. 4970, watermain on Columbia road from DeMers to University Avenue and connection to UND water tower, and recommended approval of Amendment No. 1 to Project No. 4971, increasing the current contract with Advanced Engineering by $38,129 for a total of $164,925, based on an hourly to max contract.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5075, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5075, watermain on South 48th Street from DeMers to 17th Avenue, CDBG eligible, and recommended to approve plans and specifications of Project No. 5075 contingent upon engineering review to be 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 PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5080, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5080, watermain on University Avenue from 15th Avenue to Columbia road and on North 23rd Street from University to 5th Avenue and on 5th Avenue North from 23rd to 20th Street, CDBG eligible, and recommended to authorize plans and specifications and authorize going out for bids upon final engineering and is 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.

AWARD CONTRACT FOR PROJECT NO. 4757.2, MILL
AND OVERLAY DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4757.2, Mill and Overlay Downtown Streets, CDBG, and recommended to award Project No. 4757.2, Mill and Overlay Downtown Streets, to the low bidder, Strata Corporation, in the amount of $549,717.85 in CDBG funds contingent upon Department of Transportation 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD CONTRACTS FOR PROJECT NO. 5070, REHAB.
PUMP STATION NO. 13

Committee No. 3, Public Service, reported having considered the matter of construction bids for project No. 5070, Rehabilitate Pump Station No. 13, CDBG, and recommended to return the bid of Hanson Electric of Bemidji, Inc. unopened because of failure to acknowledge Addendum No. 4, and to accept the bid of Hobbs, Inc. for general contract in the amount of $106,000.00 and to accept the bid of Bergstrom Electric, Inc. for electrical contract in the amount of $114,426.00.

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

AWARD CONTRACT FOR PROJECT NO. 4864, RESTORE
STORM SEWER AREA 3

Committee No. 3, Public Service, reported having considered the matter of construction bids for project no. 4864, Restore Storm Sewer Area 3, CDBG, and recommended to approve Molstad Excavating as the low bidder in the amount of $5,702,348.17 in CDBG funding for Project No. 4864, Restore Storm Sewer Area 3.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 4861

Committee No. 3, Public Service, reported having considered the change order for Project No. 4861, Sanitary Sewer Restoration Area 1, C.O. No. 2, CDBG, and recommended to approve change order to Molstad Excavating in the amount of $15,298.75 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4862

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4862, Storm Sewer Restoration Area 1, C.O. No. 1, CDBG, and recommended to approve change order No. 1 to Robert Gibb & Sons in the amount of $35,867.83 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 9, PROJECT NO. 4719

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719, Sanitary Sewer Restoration Area 2, C.O. No. 9, CDBG, and recommended to approve C.O. No. 9, to Lametti & Sons, Inc. in the amount of $1,332.09 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 4863

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4863, Sanitary Sewer Restoration Area 3, C.O. No. 2, CDBG, and recommended to approve deductive C.O. No. 2 to Molstad Excavating, inc. in the amount of $20,120 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 3, PROJECT NO. 4865

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4865, Sanitary Sewer Restoration Area 4, C.O. No. 3, CDBG, and recommended to approve C.O. #3 to Molstad Excavating in the amount of $8,765.00 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 3, PROJECT NO. 4866

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4866, Storm Sewer Restoration Area 4, C.O. No. 3, CDBG, and recommended to approve C.O. #3 to Molstad Excavating in the amount of $1,285.20 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 3, PROJECT NO. 4851

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4851, forcemain on Columbia Road and 62nd Avenue South from Pump Station 39, C.O. No. 3, and recommended to approve C.O. #3 to S.J. Louis Construction, Inc. in the amount of $2,705.25.
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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 4927

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4927, Sanitary Sewer and Forcemain on 55th Avenue South from Columbia road to Pump Station 40, C.O. No. 2, and recommended to approve C.O. No. 2 to Molstad Excavating, Inc. in the amount of $5,425.34.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 3, PROJECT NO. 4927

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4927, Sanitary Sewer and Forcemain on 55th Avenue South from Columbia road to Pump Station No. 40, C.O. No. 3, and recommended to approve deductive C.O. No. 3 to Molstad Excavating, Inc. in the amount of $1,950.00.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR BALING FACILITY

Committee No. 3, Public Service, reported having considered the matter of change order for baling facility, and recommended that we approve the change order in the amount of $8,204.00 rather than $7,194.00.

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

APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4757.1

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4757.1, Downtown Curb and Gutter Replacement Project, C.O. No. 1, CDBG, and recommended approval in the amount of $9,642.90.
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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 6, PROJECT NO. 5015

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5015, Flood Mitigation Phase I, C.O. No. 6, CDBG, and recommended approval of a change order to Nodak Contracting for extension of completion date and in the amount of $301,001.00 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 4845

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4845, Storm Sewer on South 34th Street from 36th to 40th Avenues South, C.O. No. 2, and recommended approval of the change order to Dakota Underground in the amount of $3,130.00.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

RECONSIDER MATTER OF ADDITIONAL FUNDING
FOR FLOOD MITIGATION PROJECTS
PROJECTS

Committee No. 3, Public Service, reported having considered the matter of project cost update for Flood Mitigation Projects and request for additional funding, and recommended that $452,000 from Project 6650 be used to offset the shortfall in the flood mitigation projects.

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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

The city auditor reported that the recommendation for cost update for flood mitigation projects was that $452,000.00 from Project 6650 be used to offset the shortfall in the flood mitigation projects, and that was the dollar amount given to committee and upon further research because of retainage, etc. that was not considered when that motion was made, and that there is only $380,000 available in that project to move.

It was moved by Council Member Hamerlik and seconded by Council Member Hafner to reconsider the matter. Carried 13 votes affirmative.

It was moved by Council Member Hafner and seconded by Council Member Lunak to amend the motion to change the amount to $380,000. Carried 13 votes affirmative.

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

DECLARE EMERGENCY AND AUTHORIZE REPAIR
OF VALVE AT WASTEWATER TREATMENT LAGOONS

Committee No. 3, Public Service, reported having considered the matter of emergency repair of valve at wastewater treatment lagoons, and recommended to declare an emergency at the wastewater treatment lagoon and authorize staff to proceed with engineering and repair not to exceed $75,000.

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

DENY REQUEST FOR EXTENSION OF RELOCATION
VOUCHER

Committee No. 4, Urban Development, reported having considered the matter of request for relocation voucher, and recommended to deny request for extension to Lori Bollinger, 1113 22nd Street South.

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 SOUTH 3RD STREET CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended to approve change order to Terry T. Rogers Construction in the amount of $2,193.37.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to change order to Gowan Construction in the amount of $7,782.25.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval of $5,865.00 for the concrete foundation wall and instructed staff to negotiate the $16,675.00 with Gowan and the property owner.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to change order for Magnus Trucking in the amount of $1,847.25.

Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval of change order to Cameo Homes, Inc. in the amount of $15,731.88.

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

CONSIDER MATTER OF BEAUTIFICTION FUNDING

Committee No. 4, Urban Development, reported having considered the matter of beautification funds, and recommended to approve the transfers as presented, authorization to start the application process for 2000 beautification funding with a February1 deadline and approval of $20,000 to be added to the landscaping portion of the Chamber 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE RESIDENTIAL BID PACKAGE FOR
DEMOLITION PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of residential Bid Package #13, and recommended approval of a change order to Tony Anderson Construction, Inc. in the amount of $22,900 for the following demolition projects: 9 Conklin Avenue, 507 North 4th Street, 28 Conklin, 3 Lincoln Drive, 3016 Elmwood Drive (additional concrete demo), 312 North 4th Street and 222 Cottonwood (garages only), 106 49th Avenue South (additional landscape removal), 21 Polk Street and 515 Park Drive (slabs only) and to extend the contract from December 10 to January10, 2000.

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

APPROVE CHANGE ORDER FOR DEMOLITION/
RELOCATION OF PROPERTIES ACQUIRED FOR PHOENIX
SCHOOL GREEN SPACE

Committee No. 4, Urban Development, reported having considered the matter of authorization to proceed with change order for demolition/relocation of properties acquired for Phoenix School green space, and recommended approval of a change order to Gowan Construction in the amount of $59,500 to move the house at 402 Chestnut to 102 Chestnut and to demolish houses at 406, 408 and 411 Chestnut 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 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 an extension to February 29, 2000, for 8 South 3rd Street (Silverman), 12 South 3rd (M & S partnership) and 312 Kittson (Holmes) and an extension of June 15, 2000 for 412 2nd Avenue North (Firehall Theatre) to complete exterior renovations.

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 COST MATRIX BUDGET TRANSFERS

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers (as of November 23, 1999), and recommended to approve the line item transfers.

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

Council Member Brooks asked for a financial report on the Congressional housing project.

The city auditor reported that there are some items being shifted from rehabilitation of City properties, and need to be aware that all the FEMA projects are not yet closed out.

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

APPROVE CORPORATE CENTER SIGNAGE

Committee No. 4, Urban Development, reported having considered the matter of request for proposal for Corporate Center signage, and recommended approval of the RFP for the Corporate Center contingent upon the funding source.

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

DEFEAT MOTION RE. LETTER OF CREDIT IN LIEU OF
PERFORMANCE BOND FOR DOWNTOWN BUSINESS

Committee No. 4, Urban Development, reported having considered the matter of consideration of letter of credit in lieu of performance bond for downtown business, and recommended waiver of the performance bond and irrevocable letter of credit for D’s Development since this is an owner/tenant situation and the owners possess a signed lease from another tenant.

Committee No. 4, Urban Development, reported having considered the matter of South Third Street purchase and grant agreements, and recommended approval of the South 3rd Street purchase and grant agreements with LTD Properties for 28 South 3rd, with Michael Conneran for 2 and 4 South 3rd, and with Kim Holes for 22 South 3rd Street.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that these recommendations be and are hereby approved.
Mr. Swanson, city attorney, stated that with respect to waiving the letter of credit of the performance bond and by doing that you are establishing a precedence for other projects that you’ve already approved or that may be approved in the future that will likewise require such a waiver. He stated that the motion would waive either performance bond or the letter of credit and that includes performance bond by the developer and the contractor and whatever contractual arrangements might appear in the grant agreement there would be no secondary surety backing that up.

Derek Johnson, one of the partners of D’s Development, stated that the request was such that they did not intend to set a precedence for all of the downtown projects and asked specifically for their project with the argument being that they have a lot of incentive to finish the project as it is, and based on their reputation as lifelong residents of Grand Forks and in the business community in town as well as reputation of their contractor; that there is no such thing as a performance bond from the developer from his knowledge. Mr. Swanson stated that the way the contract is drafted requires a deposit of a performance bond by the contractor, and committee interpreted that in lieu of that it could be either a bond or letter of credit and that was to be deposited either by the contractor or by the owner. Mr. Johnson stated that their understanding of the performance bond is that if their contractor walks away from the project that the contractor is bonded that the project will be completed with payments made by the bonding company. He stated that the City is well protected with the grant and purchase agreement that they signed as part of this project.

Mr. Swanson advised council that it’s purely a discretionary decision as to whether you wish to have security backing these projects, that the only point is that if you waive it on one you have established a precedence that you will be at least required to consider under the same criteria as someone else, to base a decision on reputation appears to be a very difficult thing to gauge, evaluate or otherwise, and that street projects, etc. require performance bonds regardless of project. He stated he doesn’t dispute there is a cost associated with that type of security, and decision will have an impact upon other matters.

Mr. Swanson reported that the mortgage holder will have a first position, and City has agreed to subordinate, the developer or owner has a choice, can provide the contractor’s bond or a letter of credit, the rates on the two may be different, and it would be additional security for the City in the event of a misfortune that the project is not completed and the first mortgage is foreclosed upon, the lender has no obligation whatsoever to move forward with the project and we would not be able to force the lender if they had possession and ownership to do so; we may have rights that may be enforced and remedies available against the developer but not against the lender.

Upon call for the question on the matter of waiving performance bond and irrevocable letter of credit for D’s Development and upon roll call vote, the following voted “aye”: Council Members Beyer, Hafner, Brooks, Polovitz, Lucke, Hamerlik - 6; voting “nay”: Council Members Carpenter, Lunak, Klave, Babinchak, Bakken, Bouley, Glassheim - 7. Mayor Owens declared the motion defeated.

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

APPROVE LOAN/DEVELOPMENT AGREEMENT FOR
METROPOLITAN OPERA HOUSE

Committee No. 4, Urban Development, reported having considered the matter of loan/development agreement for Metropolitan Opera House, and recommended approval contingent upon city attorney’s review to be sure all criteria is being met from the council’s original motion.

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

Council Member Carpenter stated that that when this matter was approved they required commitment letter from a bank and also required a tenant, and concerned because there is no tenant at this time and the commitment letter of the bank is also contingent upon their being a tenant, and concerned that the money will be going first to be doing the exterior improvements before there is a tenant and commitment to do the follow-up and asked for additional information.

Gary Christianson, Urban Development, stated that he didn’t recall any requirement on the tenants, and the last motion that was approved had some wording to the effect that they have a commercial mortgage in place which would be a little more restrictive than the letter they did receive from their bank and staff review of that recommendation was that what they are getting at this point is in good interest for the City and that there is not a tenant at this point and would take them some time to do that but in the meantime they would be putting in a significant investment in the building and we would end up with that property with all of the exterior renovated. He stated that this is one of the buildings with significant interest to the historic people and it’s been a concern on how we could help remedy that. Council Member Carpenter stated that the City’s money will go out first in its entirety to pay for this; Mr. Christianson stated that our money will go in first and their money will go in on a pro-rata basis, that City’s money will be used for the purchase of the building and pro-rata as the bills for the improvements are submitted.

Doug Christensen, attorney, asked that the council be consistent as treat people that are trying to develop the downtown.

It was moved by Council Member Beyer and seconded by Council Member Babinchak to table this matter for two weeks and have the city attorney review to see that all criteria is being met.

Lonnie Laffen stated that he didn’t remember any requirement for tenants in the original resolution that was added onto what was already proposed, that they were required to go to a bank and get letter that would authorize that they could get a loan for this project, that they did that and received approval, that they also are getting $650,000 total from the City and they are putting in $1.2 million and that they cannot wait two weeks but have to have signed contracts for the first phase of construction by January 15. Mr. Laffen stated that they could never have tenants lined up by January15 for this building, that this building is not leasable by any stretch in the condition that it’s in and have stated that in their proposals since day one and that he didn’t remember a requirement being added that they would have to have tenants.

Upon call for the question on the motion to table this matter and upon voice vote, the motion was defeated by a vote of 11 to 2 (Council Members Beyer and Babinchak voting in favor of the motion).

Council Member Carpenter asked to be excused from voting on this matter; and it was so moved by Council Members Beyer and Babinchak. Carried 12 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative, Council Member Carpenter abstaining..

ACCEPT BID ON RESTRAINT SYSTEM FOR PUBLIC
TRANSPORTATION

The Bus Committee reported having considered the matter of bids on restraint system and recommended to accept the bid from TSI.

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

ACCEPT BID FOR JANITORIAL SERVICES

The Bus Committee reported having considered the matter of bid on janitorial services and recommended to accept the bid from Service Master.

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

APPROVE CONTRACT WITH COMPASS FACILITY
MANAGEMENT FOR MANAGEMENT SERVICES FOR
THE AURORA

The Events Center core Committee reported having considered the matter of contract with Compass Facility Management to provide management services for The Aurora, and recommended to approve the contract, subject to the city attorney’s approval.

It was moved by Council Member Klave 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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 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 November 18, 1999 Core Committee meeting:

CIN #156.07: addition to MidStates Audio contract for $25,260 to convert the ballroom and meeting rooms to a wireless speaker system.
CIN #156.10: addition to MidStates Audio contract for $2,800 for calibrating and testing equipment.
CIN #156.16: addition to MidStates Audio contract for $44,000 for the Bose entero system.
CIN #156.17: addition to MidStates Audio contract for $24,500 to upgrade the ballrooms to Bose speakers.
CIN #156.18: addition to MidStates Audio contract for $5,850 for two subs and amplifiers for the ballroom.
CIN #166.06: addition to Community Contractors contract for $7,433 for a pre-cast support wall CMU (embeds, rebar).
CIN #171.06: addition of $5,865 to Hanson Spancrete’s contract to add precast tei-back connections for the sports package.
CIN #177.03: addition of $2,533 to Associated Plumbing’s contract to add a rain leader into the air chase at the super columns.
CIN #177.04: addition of $22,093 to Havens contract to add some horizontal bracing at the super columns.
CIN #177.06: addition of $14,436 to the GDS contract for electric cable reels.
CIN #182.01: addition of $924 to Havens contract to weld anchor bolts, new base plates and new anchor bolts.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND SREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF MERRIFIELD INDUSTRIAL PARK FIRST
ADDITION

The Planning and Zoning Commission reported having considered the matter of request from Robert Drees on behalf of the Drees Farming Association for preliminary approval of a plat of Merrifield Industrial park First Addition to Grand Forks, North Dakota, being a part of the West Half of the Southwest Quarter of Section 31, Township 151 north, Range 50 West of the 5th Principal Meridian (located at 7200 South 55th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the public hearing for January 18, 2000.

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

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

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT MERRIFIELD INDUSTRIAL PARK FIRST
ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Robert Drees on behalf of the Drees Farming association for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District, Merrifield Industrial park First Addition to Grand Forks, North Dakota (located at 7200 South 55th Street), and recommended preliminary approval, to introduce the ordinance amending the zoning map and to set the public hearing for January 18, 2000.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) district and include within the I-2 (Heavy Industrial) District, Merrifield Industrial Park First Addition to Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN THE B-4 (CENTRAL BUSINESS) DISTRICT LOTS 7, 9
AND 11, BLOCK 8, TRAILL’S ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Herb Helgeson for preliminary approval of an ordinance to amend the Zoning Map to exclude from the R-4 (High Density Multiple Family Residence) District and to include within the B-4 (Central Business) District, Lots 7, 9 and 11, Block 8, Traill’s Addition (located on the 100 block of Belmont Road), and recommended preliminary approval, to introduce the ordinance amending the zoning map and to set the public hearing for January 18, 2000.

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

Council Member Hafner introduced an ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (High Density Multiple Family Residence) district and include within the B-4 (Central Business) district, Lots 7, 9 and 11, Block 8, Traill’s Addition to the City of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN THE B-1 (LIMITED BUSINESS) DISTRICT
LOTS 2, 4, 6 AND 8, BLOCK 10, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department on behalf of the city of Grand Forks for preliminary approval of an ordinance amending the Zoning Map to exclude from the R-4 (High Density Multiple-Family Residence) District , Lots 2, 4, 6 and 8, Block 10, Town of Grand Forks (located at the intersection of 4th Avenue North and North 4th Street), and recommended preliminary approval, to introduce the ordinance amending the Zoning Map and to set the public hearing for January 18, 2000.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the R-4 (High Density Multiple Family Residence) District and include within the B-1 (Limited Business) District, Lots 2, 4, 6 and 8, Block 10, Town of Grand Forks to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF AUDITOR’S SUBDIVISION NUMBER 30

The Planning and Zoning Commission reported having considered the matter of the request from Advanced Engineering on behalf of Jobs Development Authority for preliminary approval of a plat of Auditor’s Subdivision No. 30 to the city of Grand Forks, North Dakota (located between 32nd Avenue South and 40th Avenue South and between the Burlington Northern-Santa Fe Railroad right of way and South 52nd Street), and recommended preliminary approval subject to special conditions shown or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the public hearing for January 18, 2000.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor’s Subdivision No. 30 to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE JDA PUD, CONCEPT DEVELOPMENT
PLAN, AUDITOR’S SUBDIVISION NO. 30

The Planning and Zoning Commission reported having considered matter of the request from Advanced engineering on behalf of Jobs Development Authority for preliminary approval of an ordinance amending the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the JDA PUD (Planned Unit Development), Concept Development Plan, auditor’s Subdivision No. 30 (located between 32nd Avenue South and 40th Avenue South and between the Burlington Northern-Santa Fe Railroad right of way and South 52nd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Zoning Map and to set the public hearing for January 18, 2000.

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

Council Member Hafner introduced an ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the JDA PUD (Planned Unit Development), Concept Development Plan, Auditor’s Subdivision No. 3 to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
A, B, AND 10, BLOCK 5, SWANGLER’S SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd., on behalf of Ken Daws and Jerry Dvorak, for preliminary approval of a Replat of Lots A, B, and 10, Block 5, Swangler’s Subdivision to the city of Grand Forks, North Dakota (located 2508 and 2516 8th Avenue North), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

COUNCIL MEMBER LUNAK EXCUSED

APPROVE RECOMMENDATIONS FROM CAPITAL
IMPROVEMENTS PROGRAM COMMITTEE RELATIVE
TO STREET AND HIGHWAY IMPROVEMENTS

The Capital Improvements Committee considered and recommended the three following items to be included in the CIP Program:
1) to approve in 2001 I.T.S. Deployment, variable message signs
2) the matter of South 38th Street intersection improvements to be included in the CIP for 2001; and
3) the intersection improvements at Columbia Road and Gateway Drive to approve adding the item to the CIP for 2003.

It was moved by Council Member Hafner and seconded by Council Member Bakken to approve these recommendations. Carried 12 votes affirmative.

APPROVE VARIOUS APPOINTMENTS

Mayor Owens announced the following appointments to the Mayor’s Committee on Employment of People with Disabilities: Hank Rochrich for a three-year term and Pam Demmers for a three-year term, and asked for concurrence in these appointments. It was moved by Council Member Hafner and seconded by Council Member Babinchak to approve the appointments. Carried 13 votes affirmative.

Mayor Owens announced the appointment of Gene Lill to the Mechanical Board for a three-year term, and asked for concurrence in this appointment. It was moved by Council Member Babinchak and seconded by Council Member Brooks that this appointment be approved. Carried 13 votes affirmative.

Mayor Owens announced the appointment of the following individuals to the Mayor’s health & Human Services Grand Forks Cabinet and asked for concurrence in these appointments: Mary Amundson, Keith Berger, Pat Berger, Larry Burd, Shari Doe, Dr. James Gjeiset, Bob Gustafson, Dr. James Hargreaves, Craig Knudsvig, Col. Philip Lakier, Dr. Leland Lipp, Pete O’Neill, John Packett, Bob Sanderson, Karen Schelinder, Don Shields, Linda Jenkins, Dr. Jacob Kerbeshian, Julie Anderson, Raymond Siegle, Margaret Tweten. It was moved by Council Member Babinchak and seconded by Council Member Brooks that these appointments be approved. Carried 13 votes affirmative.

COUNCIL MEMBER LUNAK REPORTED BACK

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimates summaries for various projects: CDBG monthly estimate summary, $14,552.50; Flood Estimate Summary, $856,489.74; CDBG Estimate Summary, $3,447,233.62; and Regular Estimate Summary in the amount of $5,526,841.70; totaling $9, 869,484.51.

It was moved by Council Member Bakken and seconded by Council Member Klave that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 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: Paving Project No. 4589, District No. 561; Forcemain project No. 4684; Sanitary Sewer Project No. 4838; Storm Sewer Project No. 4939, District No. 401; Paving Project No. 4940, District No. 570; Paving Project No. 5019, District No. 568; Paving Project No. 5030, District no. 572; Brick Sewer Rehab Project Nos. 4654.350 and 4654.351; Storm Sewer Project No. 4845; Storm Sewer Project No. 4856; and Storm Sewer Project No. 4868.

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

CONSIDER MATTER OF ADMINISTRATIVE
COORDINATOR POSITION

Council Member Glassheim moved that the November 11, 1999, item with 9 bullet points be approved with the exception of items 2, 7 and 8. Council Member Hafner seconded the motion.

Council Member Polovitz stated as this was not on the agenda, that it be declared controversial.

Mr. Swanson stated it was the chair’s call, that it is old business previously discussed and is related to the veto previously on the agenda, but if council either wants to vote on it or chair wishes to rule. The Mayor agreed to move forward with this.

Council Member Glassheim stated that with this motion they would be approving a resolution of the council stating the expectations for this position, item 9 is the key that a task force is appointed which will do the detailed of putting together a job description, which will then come back to the committee, and in this job description, they will be something referring to the complaints system and the administrative coordinator, something referring to a monthly status report of important matters coming before the administrator, something in the job description which says this is hired by the mayor with concurrence of council, position reports to the mayor, department heads reports to administrative coordinator and mayor’s final authority in regard to department heads, something that gives this position department head rank, something that states a purpose of what it’s for, coordination of administration, protection of departments from political pressures, etc.

Upon call for the question, and upon voice vote, the motion carried 9 votes affirmative, with Council Members Lunak, Beyer and Polovitz voting against the motion.

ADOPT RESOLUTIONS AMENDING HOME RULE
CHARTER AND SET DATE OF SPECIAL ELECTION
AS FEBRUARY 22, 2000

Council Member Babinchak made a motion that we approve resolutions drafted by the city attorney relative to the size of council and place on ballot for election on February 22, 2000: Document No. 7913 - Resolution. Council Member Carpenter seconded the motion.

Mr. Swanson stated that it would take a majority vote to pass under this resolution and excluding either the resolution on use tax which you’ve already put on the ballot or any subsequent action you might take with respect to the Home Rule Charter, and vote would be on two separate questions and may have a situation where both would pass with a majority and if that were to occur, one with the largest number of affirmative votes would carry and could have a situation where one would pass and other fail, or situation where both would fail, they are independent questions as he understood the directive of the council. He stated that typically there are voter instructions that would precede any ballot and that instruction would indicate that the voters would have the right to vote on both issues, that they are not obligated to vote on both but do have the ability to vote on both. Mr. Swanson stated that the voters may have four separate questions to vote on, two being with respect to the Home Rule Charter, one being use tax and the other being the authority to establish form of government and also these two items with respect to the size or form of council.

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

Council Member Babinchak made a motion to place on the ballot on February 22, 2000, the amendment to the Home Rule Charter. Council Member Carpenter seconded the motion.

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

APPROVE PLEDGED SECURITIES

Committee No. 1, Finance, reported having considered the matter of pledged securities, and
recommended that pledges made by designated depositories of the public funds be approved in January of each even-numbered year and semi-annually and found that the First National Bank of Grand Forks has deposited with the Bank of North Dakota in a designated pledge pool, $38,096,261.24, all of which have been pledged as securities for public funds for the members of the pledge pool, which requires a pledged amount of $33,249,124.70, and that the pledged securities be re-approved as required.

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

REFER VARIOUS ITEMS TO COMMITTEE/DEPARTMENT

Various items were presented to council for referral to committee and/or departments for consideration.

1) Mr. Swanson, city attorney, presented the matter of the request for approval of the transfer of the cable t.v. franchise from T.C.I., which was referred to the finance committee.
2) Mr. Swanson presented the matter of amendments to Chapter VIII of the City Code regarding traffic ordinances with intent to accommodate some State law changes, which was referred to the public safety committee.
3) Council Member Brooks stated that the Government Structure Review Committee recommendation was to investigate televising the council meetings and they were to report at today’s meeting, that they are in discussions with UND or Channel 3 and they’ve asked to make their report the first of January.
4) Council Member Brooks requested a report on the Corporate Center and Congressional I and II at the next meeting.
5) Doug West, 1133 Landeco Lane, presented communication re. city council offering funding to Community Violence Intervention Center in Grand Forks, and requesting any government funding be denied to them until research is conducted and methods of operation are investigated and requiring changes be made in their operation and performance. Mayor Owens asked Mr. West to file his letter with the city auditor.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Hafner that we do now adjourn until Monday, December 20, 1999 at 7:30 o’clock p.m. Carried 13 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
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Patricia A. Owens, Mayor