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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 20, 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 20, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Members Lunak, Beyer - 2.

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.

REPORT ON Y2K

Roxanne Fiala, IS Department, gave a brief update on Y2K, and reported that the Emergency Operations Center will be open on the 31st from 8:00 p.m. until 3:00 a.m. and will have representatives there from NSP, Nodak, and Jim Campbell, EOC, along with herself and Todd Feland, Public Works. She stated that the Wastewater Department and electricians will have extra staff on hand and the Inspections Department will have one inspector from each area on call if need be. She stated they have 30,000 gal. of fuel at Cenex that is in the City’s name, have leased two additional generators as of December 27, that the civic auditorium will be their staging area in case of an emergency. She stated there will be police officers located from 11:00 p.m. to 2:00 a.m. in Leever’s parking lot, Hugo’s on 32nd, Columbia and 20th, Century Elementary School, Immanuel Lutheran, the National Weather Service and at the Police Building. She stated that on Wednesday, the 29th, they will have their final meeting at the EOC at 10:00 a.m. and will review plans. She stated internally they will complete the updates on the 250 p.c.’s this week within the city, final one for Microsoft is ready, have operating systems done on AS400 system and are complete on software updates and plan to disconnect the system 36 which is the IBM system which they will not be maintaining at 2000 on Monday morning.

REPORT ON FIRST NIGHT ACTIVITIES

Kim Greendahl, First Night Greater Grand Forks, reported that the last two years have had an award called the Friends of First Night, which is an award that they give to an individual or a group that they feel embraces the spirit of what First Night is about, and this year they have chosen the communities of Grand Forks and East Grand Forks because of the support they have given, and that they could not do this without the assistance of the cities, and presented award to the council for the City of Grand Forks.

ADOPT ORDINANCE NO. 3830, TO AMEND ZONING
MAP TO INCLUDE WITHIN GREENBERG PUD, CONCEPT
DEVELOPMENT PLAN, COLUMBIA PARK PUD, AMEND-
MENT NO. 10, CONCEPT DEVELOPMENT PLAN AND THE
A-1 (LIMITED DEVELOPMENT) DISTRICT

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from that portion of Columbia Park PUD (Planned Unit Development), Amendment No. 10, Concept Development Plan (lying south of 32nd Avenue South between South 34th street and Interstate 29), and from 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, and upon which public hearing had been continued until 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 which was continued to this evening and further that to date no protests or grievances had been filed with his 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.

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 an ordinance amending the Zoning Map to exclude from the Columbia Park PUD (Planned Unit Development), Amendment No. 10, Concept Development Plan (lying south of 32nd Avenue South between South 34th Street and Interstate 29) and from the A-1 (Limited Development) District and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan (located between 32nd Avenue South and 40th Avenue South extended and between South 34th Street and (Interstate 29), and recommended approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance. The recommendation had been moved and seconded by Council Member Hafner and Council Member 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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3831, AMENDING ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT, LOT 4, BLOCK 4, SUNNY NODAK FARMS
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 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 continued until 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 which was continued to this evening and further that to date no protests or grievances had been filed with his 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.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Ed Nelson on behalf of Nelson Masonry, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include in the B-3 (General Business) District, Lot 4, Block 4, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (located on North 62nd Street near 12th Avenue North), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Member Hafner and Council Member Martinson.

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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3832, RELATING TO
WASTEWATER RATES

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 had been introduced and passed on its first reading on December 6, 1999, was presented and read for consideration on second reading and final passage.

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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING FOR PROPOSED AMENDMENT
TO DISASTER SUPPLEMENTAL CDBG PROGRAM TO
ADD ADDITIONAL LMI INCENTIVES FOR CONGRESSIONAL HOUSING PROJECT

The city auditor presented the matter of the public hearing and request for approval for proposed amendment to Disaster Supplemental CDBG Program to add additional LMI (low to moderate income) incentives for Congressional Housing Project (this will close a 30-day public comment period for the proposed use of program income for additional LMI incentives).

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.

John O’Leary, Urban Development, reported that the recommendation was for 5 $20,000 vouchers and the money would come from program income from CDBG revenue stream, and this isn’t from the supplemental appropriation, and the vouchers would be focused for low and moderate income people, and that 70% of that money has to be used for this purpose.

It was moved by Council Member Hafner and seconded by Council Member Babinchak to approve the proposed amendment to Disaster Supplemental CDBG Program to add additional LMI incentives for Congressional Housing Project. 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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.
HOLD PUBLIC HEARING FOR 1999 SUPPLEMENTAL
CDBG PROGRAM FUNDING

The city auditor reported that the public hearing on the City’s 1999 Supplemental CDBG Program funding of $300,000 of Supplemental Disaster Initiative Funds to non-profit agencies had been scheduled for this evening, with final action on funding recommendations.

Mayor Owens called for the public hearing. There were no comments and the public hearing was closed.
Committee No. 4, Urban Development, reported having considered the matter of 1999 Supplemental CDBG funding, and recommended to award 1999 Supplemental CDBG funding as follows:
Grand Forks Public Transpiration - 0;
United Way Food Shelf Coalition - $11,000;
LISTEN Center Construction Project $35,000 for rehab and $12,500 for landscaping;
SPA Mentoring/Outreach - $10,000;
Prairie Harvest -0;
RRV Community Action Housing Needs Program - $37,500;
Mountainbrooke Transportation - $5,000;
Urban Development Youth Employment Training Program - $20,000;
Youth Employment Training Program Urban Area Restoration - 0;
Third Street Clinic Operating - $7,000;
Dakota Science Center - $9,000 for the elevator;
Shelter for the Homeless Southern Anchor Project - $13,000;
Y Little Brother/Little Sister - $3,000;
UND NAP - 0;
Community Violence Intervention Center (CVIC) - $30,000 for the window project and $10,000 for Operating;
Development Homes Lunch Cart Delivery - 0;
LaGrave Learning Center Job Training Program - $15,000;
Easter Seals Rehab Project - $10,000;
Café Kosmos for the basement - $15,000
Co-Op Inclusion Phase II - 0;
GGF Senior Citizens for future operating/not debt retirement - $30,000;
Mayor’s Committee on Employment of People with Disabilities - $2,000;
St. Vincent dePaul - 0;
Entrepreneur Training for the Disadvantages - $10,000;
Centre, Inc./NEHSC - 0;
GF Refugee Resettlement Coalition - $5,000; and
The Prairie Rose State Games - $10,000; for a total of $300,000.

It was moved by Council Member Glassheim and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon call for the question of adoption of this recommendation and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Hafner, Martinson - 11; and the following voted “nay”: Council Member Bakken - 1. Mayor Owens declared the motion carried.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR MOVING PERMIT TO MOVE HOUSE FROM 402
CHESTNUT TO 102 CHESTNUT STREET
The city auditor reported that the notice of public hearing on the application by Urban Development to move a building from 402 Chestnut Street to 102 Chestnut Street to be used as a dwelling 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.

Jim Fish, 100 block of Chestnut Street, expressed concern if there was going to be a basement for that house and if moving the house would impact trees. Meredith Richards, Urban Development, reported that the new location for this building is within the flood plain and plan is to build 8 ft. foundation walls but no basement, which meets Code, and Park District rep. looked at matter of trees and in that route there is one tree at 109 Chestnut that will need significant pruning but not removal.

Mayor Owens closed the public hearing.

It was moved by Council Member Bouley and seconded by Council Member Klave that we find an insufficiency of protest to the application for moving permit. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of application for moving permit by the Urban Development Office to move a house from 402 Chestnut Street to 102 Chestnut Street, and recommended approval contingent upon City Inspections’ requirements being met.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved, and that Urban Development be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

REPORTS OF OFFICERS

The city auditor’s cash report as of November 30, 1999 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this report be received and filed. Carried 12 votes affirmative.

The city auditor’s statement of investment activity for the period ending November 30, 1999, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Hafner that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-22, dated December 20, 1999 and totaling $2,352,030.28, 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 Glassheim 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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid..


APPROVE APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO BUILDINGS

Committee No. 1, Finance, reported having considered the application for exemption of improvements to commercial and residential buildings: David Burris, 405 South 5th Street, and recommended approval of a three-year exemption for 405 South 5th Street.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the application for exemption of improvements to commercial and residential buildings: Deborah J. Mize, 602 North 4th Street, and recommended approval of a three-year exemption based on the pre-fire value to be consistent with pre-flood.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPOINTMENT OF TEMPORARY HOUSING
DIRECTOR

Committee No. 1, Finance, reported having considered the matter of appointment of housing director, and recommended that Terry Hanson be appointed the acting director of the Housing Authority for up to six months at a rate not to exceed 20 percent of his current salary, and that his CDBG contract be amended as such.

Committee No. 4, Urban Development, reported having considered the appointment of temporary director of housing, and recommended to approve the appointment of Terry Hanson as temporary director of the Housing Authority.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE RETAINING CONSULTANT TO DO
PRELIMINARY REVIEW OF FILING RE. TRANSFER
OF CABLE T.V. FRANCHISE FROM TCI

Committee No. 1, Finance, reported having considered the request for approval of transfer of cable t.v. franchise from TCI, and recommended to authorize retaining Adrian Herbst and his accounting consultant to do a preliminary review of the filing, to make reports back to the council and to provide council with recommendations and advise to be acted upon after the public hearing, not to exceed $5,000.

It was moved by Council Member Carpenter 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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A request from the IS Department for transfer of $5,000 from Cash Carryover to Education for Lotus notes and Java training, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION BY GIULIANA’S ITALIAN
RESTAURANT FOR ALCOHOLIC BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the application for Class 4 (Food and Beverage Establishment) license, under 100 seats, by Giuliana’s Italian Restaurant, 3225 South Washington Street, and recommended approval contingent upon review and approval of the city attorney’s office, police and fire departments.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR
ON SALE BEER AND WINE) LICENSE BY PLANET PIZZA

Committee No. 2, Public Safety, reported having considered the application for Class 3 (Off and/or on Sale Beer and Wine) license by Pro-Vest, Inc. dba Planet Pizza, and recommended approval of the application for license.

It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION FOR RENEWAL OF CLASS 1
ALCOHOLIC BEVERAGE LICENSE BY JOHNNY’S
LOUNGE, 701 SOUTH 15TH STREET

Committee No. 2, Public Safety, reported having considered the application for renewal of Class 1 alcoholic beverage license by Johnny’s Lounge, 701 South 15th Street, and recommended that the application be granted.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATIONS FOR RENEWAL OF ALCOHOLIC
BEVERAGE LICENSES FOR 2000

Committee No. 2, Public Safety, reported having considered the applications for renewal of alcoholic beverage licenses for 2000, and recommended to approve renewals with the exception of Johnny’s Lounge, 701 South 15th Street, subject to the city attorney’s review.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE APPLICATIONS FOR TAXICAB LICENSES
FOR 2000

Committee No. 2, Public Safety, reported having considered the applications for renewal of taxicab licenses for 2000 for Nodak Radio Cab Company and Grand Forks Taxi Company, and recommended approval contingent upon city attorney and appropriate department approval.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

CLOSE PORTION OF STREET FOR FIRST NIGHT

Committee No. 2, Public Safety, reported having considered the matter of street closure for First Night (block off street by the Herald for approx. one-half hour if needed), and recommended approval pending approval of the police and fire departments.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE AMENDING CHAPTER 8 OF
CITY CODE TO ACCOMMODATE STATE LAW CHANGES

Committee No. 2, Public Safety, reported having considered the matter of amendment to Chapter 8 of the City Code, traffic ordinances, to accommodate state law changes, and recommended approval of the ordinances and introduction for first reading.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Sections 8-0307, 8-0802, and 9-0126 of the Grand Forks city Code relating to liability insurance, handicapped parking, and alcoholic beverages and minors”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ALLOW SNOWMOBILE
OPERATING IN THE CITY BY THE POLICE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of change of ordinance to allow snowmobile operation in the city by the police department, and recommended approval of the ordinance and to introduce for first reading.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Section 8-1201 of the Grand Forks City Code relating to recreational motor vehicles”, which was presented, read and passed on its first reading.

APPROVE SNOWMOBILE ROUTE
Committee No. 2, Public Safety, reported having considered the matter of request to change snowmobile route, and recommended that the expanded route be from North 3rd Street to DeMers Avenue.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request from the Health Department for transfer of $1,424 to reflect unanticipated CSCC Revenue to cover County Office move-related office equipment, was presented and read.

A request from the Community Initiative Program for transfer of $2,000 to reflect grant from Ecolab was presented and read.

A request from the Grand Forks Police Department for transfer of $3,320.38 to reflect earned interest from Grant 3 to be placed into individual grant categories, was presented and read.

A request from the Grand Forks Police Department for transfer of $8,190.00 to reflect grant money received for the purchase of two mobile vision cameras for patrol vehicles, was presented and read.

A request from the Grand Forks Police Department for transfer of $2,136.75 to reflect billable overtime for UND/NDSU football game to cover expenses, was presented and read.

A request from the Grand Forks Police Department for transfer of $2,515.60 to reflect insurance payment for damages to Unit #42, was presented and read.

It was moved by Council Member Martinson and seconded by Council Member Bouley that these transfers be and are hereby approved. Carried 12 votes affirmative.

A request from the PSAP/E-911 System for transfer of $22,000 to cover shortages year-end, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this transfer be approved. Carried 12 votes affirmative.

APPROVE BID FOR VEHICLES UNDER STATE
BIDDING PROCESS

Committee No. 2, Public Safety, reported having considered the matter of police department purchasing vehicles for 2000 under State bid, and recommended approval to bid under the State bidding process.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.

REFER MATTER OF PROJECT CONCEPT REPORT FOR
17TH AVENUE SOUTH BIKEPATH BACK TO COMMITTEE

It was moved by Council Member Hafner and seconded by Council Member Klave that the matter of the project concept report for 17th Avenue South bikepath be referred back to committee for further consideration. Carried 12 votes affirmative.
REFER MATTER OF BIDS FOR PROJECT NO. 5071,
WATER TOWER AT CENTRAL BUSINESS DISTRICT
BACK TO COMMITTEE

It was moved by Council Member Hafner and seconded by Council Member Klave that the matter of the construction bids for Project No. 5071, Water Tower at the Central Business District be referred back to committee for further consideration. Carried 12 votes affirmative.

ACCEPT LOW BID FOR 2000 ELECTRICAL SERVICE
ASSISTANCE, PROJECT NO. 5121

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5121, 2000 electrical service assistance, and recommended approval of the low bid for Project 5121 to Ron’s Electric in the amount of $13,460.

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, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of change order No. 6 for John T. Jones Construction, reactor tank and distribution structure, Wastewater Treatment Plant, city Project No. 4371, and recommended approval of change order No. 6 to John T. Jones Construction in the amount of $3,497 for City Project No. 4371.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BID OF ICS, INC. FOR PROJECT NO. 4371,
WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of bids for main treatment building foundations and concrete work, Wastewater Treatment Plant, City Project No. 4371, and recommended approval of the low bid of ICS, Inc. in the amount of $3,227,634, subject to approval of the State Health Department

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS 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, Diversified Contractors, Change Order No. 2, and recommended to approve Change Order No. 2 to Diversified contractors in the amount of $22.

Committee No. 3, Public Service, reported having considered he matter of change orders for Public Works Facility Renovation, City Project No. 4822, C. L. Linfoot, Change Order No. 2, and recommended to approve Change Order No. 2 to C.L. Linfoot in the amount of $1,150.00.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motions carried.

APPROVE CHANGE ORDERS FOR PROJECT NO.
4654.010, RESTORATION OF WATER SYSTEM

Committee No. 3, Public Service, reported having considered the matter of change order for permanent restoration of the Grand Forks Water System, Project No. 4654.010, Innes Construction, Change Order No. 1, and recommended approval of Change Order No. 1 to Innes Construction in the amount of $180,438.80.

Committee No. 3, Public Service, reported having considered the matter of change order for permanent restoration of the Grand Forks Water System, City Project No. 4654.010, Lunseth Plumbing & Heating, Change Order No. 1, and recommended approval to Change Order No. 1 to Lunseth Plumbing & Heating in the amount of $1,833,191.07.

Committee No. 3, Public Service, reported having considered the matter of change orders for permanent restoration of the Grand Forks Water System, City Project No. 4654.010, Hanson Electric, Change Order No. 1, and recommended approval of Change Order No. 1 to Hanson Electric in the amount of $2,6540,747.75.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motions carried.

APPROVE YR2000 WATER METER PURCHASE

Committee No. 3, Public Service, reported having considered the matter of YR2000 water meter purchase, and recommended to approve the YR2000 water meter purchase.

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.

APPROVE ROADWAY AND UTILITY EASEMENT FOR
PROJECT NO. 4582

Committee No. 3, Public Service, reported having considered the matter of roadway and utility easement along 16th Avenue North from 42nd Street to 16th Avenue North Circle for Project No. 4582, and recommended approval of the roadway and utility easement along 16th Avenue North from 42nd Street to 16th Avenue North Circle.

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.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 5111 AND 5027, INTERSECTION
IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services for (Design) Intestate Engineering, Projects Nos. 5111 and 5027, intersection improvements at South 34th Street and 17th Avenue South, South 10th street and 24th Avenue south, and South Columbia road and 28th Avenue South, and recommended approval contingent upon engineering and city attorney review in a not to exceed amount of $34,000 for three intersection improvements and contingent upon the current rates being held.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 5112, INTERSECTION TRAFFIC SAFETY
STUDY

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services for (Study and Report) BRW, project No. 5112, DeMers Avenue and Washington Street Intersection Traffic Safety Study, and recommended approval contingent upon review by the traffic engineer, city attorney and State Farm.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5048

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 1 (design), CPS, Project No. 5048, paving 42nd Street from University Avenue to 29th Avenue south, 17th Avenue from South 42nd Street to South 35th Street, and 11th Avenue South from 40th to 42nd Street (CDBG), and recommended approval of Amendment No. 1 to CPS (design) for Project No. 5048, not to exceed $527,040 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 3 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4998

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 3 (construction administration), CPS, Project No. 4998, District No. 576, paving and street lights in University Village Addition (CDBG), and recommended approval of Amendment No. 3 to CPS (construction administration) for Project No. 4998, not to exceed $33,000 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 3 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4824

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 3, construction administration, WSN, project No. 4824, Mill and Overlay Streets City-wide Phase I and II (CDBG), and recommended approval of Amendment No. 3 to WSN for Project No. 4824 in a not to exceed amount of $105,500 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE 2000 BILLING RATES FOR GREATER FORKS
ENGINEERING GROUP PROJECTS

Committee No. 3, Public Service, reported having considered the matter of 2000 billing rates for Greater Forks Engineering Group projects (CDBG), and recommended approval contingent upon staff review of non-CDBG 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4648.1, WATERMAIN DISTRIBUTION
TIE-BACKS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4648.1, Watermain Distribution Tie-backs (CDBG), and recommended to approve plans and specifications for Project No. 4648.1 contingent upon engineering approval and to authorize for bids with CDBG funding for the 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5074, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5074, watermain on North 42nd Street from University Avenue to 6th Avenue North (CDBG eligible, Advanced Engineering, and recommended approval of project No. 5074, contingent upon engineering final review and to authorize for bids with CDBG funding for the 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5081, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5081, watermain on 6th Avenue North from Columbia Road to 42nd Street (CDBG eligible), Advanced Engineering, and recommended approval of Project No. 5081, contingent upon engineering final review and to authorize for bids with CDBG funding for the 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4973, WATERMAIN
REPLACEMENT LOOP

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4973, Watermain Replacement Loop in North 15th Street and 8th Avenue North (CDBG), and recommended to approve the low bid of Wagner construction, Inc. in the amount of $1,713,810 in CDBG funding with any shortfall to be contained within the waterworks utility 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT BID FOR PROJECT NO. 5072, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5072, watermain on Gateway Drive from 42nd to 47th Streets and from 53rd to 55th Streets, CDBG eligible, and recommended to approve the low bid for project No. 5072 by Wagner construction in the amount of $424,657.50 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 5073, WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of construction bids for project No. 5073, watermain on North Columbia road from University Avenue to Gateway Drive (CDBG eligible), and recommended to approve the low bid for Project No. 5073 by Wagner Construction in the amount of $652,300 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECTS NOS. 4981 AND 4982, RE-
HABILITATE SANITARY PUMP STATIONS NOS. 14 AND 15

Committee No. 3, Public Service, reported having considered the matter of construction bids for Projects Nos. 4981 and 4982, Rehabilitate Sanitary Pump Station No. 14 and No. 15 (CDBG eligible), and recommended approval of low bids for projects Nos. 4981 and 4982 by Moorhead Construction Co., Inc. in the amount of $315,326 and Samson Electric in the amount of $271,524 on Combined Schedule B.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4824.2, MILL AND
OVERLAY STREETS CITYWIDE PHASE II

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4824.2, Mill and Overlay Streets City Wide Phase II (CDBG), and recommended approval of the low bid for Project No. 4824.2 by Valley Contracting in the amount of $1,019,453 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR PROJECT NO. 5105, ASPHALT
STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5105, 2000 Asphalt Street Repair (CDBG), and recommended approval of the low bid for Project No. 5105 to Valley Contracting in the amount of $87,035 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO.
4997, STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of change order for project No. 4997, storm sewer in University Village Subdivision, C.O. No. 3 (CDBG), and recommended to approve Change Order No. 3 for Project No. 4997 to Molstad Excavating in the amount of $6,325.50 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO.
4998, PAVING AND STREET LIGHTS IN UNIVERSITY
VILLAGE

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4998, District No. 576, paving and street lights in University Village, Change Order No. 1 (CDBG), and recommended approval of Change Order No. 1 on Project No. 4998 to Nodak Contracting in the amount of $1,500 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4851,
SANITARY FORCEMAIN

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4851, sanitary forcemain on Columbia Road and 62nd Avenue south, Change Order No. 2, and recommended approval of Change Order No. 2 on Project No. 4851 to S. J. Louis Construction in the amount of $3,726.50 with funding to come from Project No. 4804.

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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4969,
DOWNTOWN WATERMAIN REPLACEMENT PHASE II

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4969, Downtown Watermain Replacement Phase II, Change Order No. 1, (CDBG), and recommended approval of Change Order No. 1 for Project No. 4969 to S. J. Louis Construction in the amount of $72,523.41 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4972,
WATERMAIN BOTTLENECK REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of Project No. 4972, Watermain Bottleneck Replacement on 17th Avenue South from 34th to 35th Streets, Change Order No. 2 (CDBG), and recommended to approve (deductive) Change Order No. 2 for Project No. 4972 to Soberaski, Inc. in the amount of $3,203 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, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A request from the Public Works director for transfer of $4,524.00 from Cash Carryover to Temporary Wages to cover expenditures in line items for balance of the year, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget transfer be approved. Carried 12 votes affirmative.

AUTHORIZE RELEASE OF PLEDGED FUNDS TO
UNIVERSITY OF NORTH DAKOTA

Committee No. 4, Urban Development, reported having considered the matter of request from University of North Dakota for release of $100,000 pledged to research stimulation program, and recommended to release $40,000 this year for the UND research stimulation program and carry over the $60,000 and seek a 3-1 match in the future.
It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE MORTENSON CHANGE ORDERS

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of the change orders to Corporate Center as follows: 1) Lee Davis Electric in the amount of $24,479 (part tenant cost); 2) Construction Engineers in the amount of $5,044 (part tenant cost); 3) deductive change order to Northland, Ltd. in the amount of $11,815; 4) deductive change order to McFarlane Sheet Metal in the amount of $10,000; 5) deductive change order to Hanson Electric in the amount of $636; and change orders for the Parking Ramp as follows: 6) deductive change order to Construction engineers in the amount of $633; and 7) change order to Moorhead Electric in the amount of $12,816.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of substantial completions for the Corporate Center Parking Ramp and for the Corporate Center.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of three final demolition completions: Peterson Construction BR#9, Duckstad Contracting BR #10 and #12.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE COST MATRIX BUDGET TRANSFERS

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers (transfers to close out completed projects and transferring the remaining balances to the contingency line, transfers made between the Congressional projects, and transfers to reflect more recent information regarding the sewer cleaning and televising, and downtown curb and gutter projects), and recommended approval.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AWARD CONTRACT FOR HISTORIC HOME RELOCATION

Committee No. 4, Urban Development, reported having considered the matter of authorization to award contract for Historic Home Relocation, and recommended to authorize a public meeting to inform the neighbors, authorize the foundation design and site plans and to begin negotiations with Mr. Anderson for the substitutions contingent upon city attorney review.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE DEVELOPMENT AGREEMENT FOR OPERA
HOUSE AND EXTEND DEADLINE TO FEBRUARY 7, 2000
TO HAVE PROJECT UNDER CONTRACT

Committee No. 4, Urban Development, reported having considered the matter of loan requirement for Met Opera House, and recommended to approve the development agreement for the Metropolitan Opera House and extend the deadline to February 7, 2000 for the owner to have the project under contract.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.

CONSIDER MATTER OF HISTORIC HOUSING REHAB

Committee No. 4, Urban Development, reported having considered the matter of historic housing rehab, and recommended to change the name and function of Account 6200 (Historic Relocation) to include Historic Mitigation, which would include relocation, rehab and associated Historic Mitigation Projects.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 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 approval of change orders as follows: 1) Cameo Homes for renovation work on the Hoffman building in the amount of $50,782; 2) Cameo Homes for work on the basement entrance of 2 South 3rd in the amount of $11,609.08 (storefront funds - flood insurance); 3) Gowan Construction for added work on the RR Café building after the Sorlie demolition in the amount of $4,238.31; and to Ron’s Electric for work at the parking lot between South 4th and 5th Streets in the amount of $2,246.62.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE CITY ATTORNEY TO PREPARE
ORDINANCE CHANGES TO EXPAND DOWNTOWN
ASSESSMENT DISTRICT

Committee No. 4, Urban Development, reported having considered the matter of ordinance change for Central Business District (parking) Authority, and recommended to authorize the city attorney to prepare the necessary ordinance changes to expand the downtown assessment boundary, levy assessment charges against the property owners and review and incorporate any recommended changes to the assessment formula and categories, all of which are to take effect January 1, 2001.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE BUDGET AMENDMENTS

Requests for budget amendments as follows were presented and read: urban Development, $600.00 to increase budget to 20% of grant; Urban Development, $1,207,000 to set up budget for #5920; Urban Development, $43,604.00; Urban Development, $15,242,820.00; Urban Development, $8,050.00, to transfer general ledger line item budgets; Urban Development, $100,000 to set up budget; Urban Development, $507,000 to increase 106 budget to reflect program income; Urban Development, $900,000 to reflect activity for BND’s LMI residential rehab program.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that these budget transfers be approved. Carried 12 votes affirmative.

APPROVE CONTRACT WITH ARTWISE TO FACILITATE
CHILDREN’S ART PROJECT

Committee No. 4, Urban Development, reported having considered the matter of public art, and recommended to contract with ArtWise to facilitate the children’s art project in the amount of $9,645.00 from the DDC WOW project.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE DEVELOPMENT AGREEMENTS

Committee No. 4, Urban Development, reported having considered the matter of development agreements, and recommended approval of deadline extensions for LTD, Kim Holmes and Michael Conneran to December 30.

It was moved by Council Member Beyer and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE BRIDGE LOAN AGREEMENT WITH VALLEY
MEMORIAL FOUNDATON

Committee No. 4, Urban Development, reported having considered the matter of request for funds from Valley Memorial Homes, and recommended to authorize proper City officials to draw up a bridge loan agreement with the Valley Memorial Foundation not to exceed $250,000 in program income to be paid back by July 1, 2000.

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

John O’Leary, Urban Development, reported they are taking the funds from the program income and approximately 90% of the residents of the Home were assisted which would qualify them for LMI.

Council Member Carpenter questioned whether this property would be acquired by the City, or status of the property. Charles Grotte, Public Works, reported that the Almonte Guest Home is in the current dike alignment and don’t anticipate that will change and they have received a request from Valley 4000 for City to purchase the property and are in the process of getting an appraisal on the property at current value. He stated that all appraisals for the flood protection project will be on current value as they exist the day the appraisal is done. It was also noted that on this loan that if the City does purchase this property this will get applied to it and if we don’t purchase the property, then it is understood that this loan is repaid at the due date of July 1. It was noted that is the committee’s understanding and that there are significant FEMA dollars that are outstanding and which are anticipated shortly and this is bridge money and will be repaid to the City.

Upon call for the question and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD CONTRACT FOR MECHANICAL TESTING
AND BALANCING

The Events Center Core Committee reported having considered the matter of award of testing and balancing contract, and recommended to award the contract to mechanical testing and balance for their bid of $56,000.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO CONTRACT WITH
THORNTON-TOMASETTI

The Events Center Core Committee reported having considered the matter of amendment to Thornton-Tomasetti contract, and recommended to amend the contract with Thornton-Tomasetti to a total cost of $130,000 plus reimbursable travel expenses.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO CONTRACT WITH BERGSTROM
ELECTRIC

The Events Center Core Committee reported having considered the matter of change order to Bergstrom Electric contract, and recommended to amend the Bergstrom Electric contract to include the two additional light fixture selections for a not to exceed cost of $198,356.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

AWARD POURING RIGHTS CONTRACT OF THE
AURORA

The Events Center Core Committee reported having considered the matter of award of pouring rights contract, and recommended that we award the 10-year pouring rights contract for The Aurora to Midwest Coca-Cola Bottling Company for their bid, subject to the city attorney’s approval.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; 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 December 15, 1999 Core Committee meeting:

An increase of $3,000 to the design team’s contract to design a glass enclosure for the suites.
CIN #174.03: to add additional steel to the T-2 trusses and an add to the Havens Steel contract of a not to exceed amount of $30,000.
CIN #178.07: to add additional wood blocking on the roof and a not to exceed add of $39,190 to Construction Engineers’ contract.
CIN #179.02: to make a modification to the shed roof wall in a not to exceed addition to Construction engineers’ contract of $12,415.
CIN #183.09: to modify some walls in the building to coordinate better with the plumbing in a not to exceed addition to Community Contractors contract of $5,915.

APPROVE INTENT TO SIGN RESOLUTION WITH
THE U.S. ARMY CORPS OF ENGINEERS REGARDING
CONSTRUCTION OF A FLOOD DAMAGE REDUCTION
AND RECREATION PROJECT

The Flood Protection Committee reported having considered the matter of project cooperation agreement, and recommended to forward the Intent to Sign Resolution onto council: Document No. 7914 - Resolution..

It was moved by Council Member Polovitz and seconded by Council Member Glassheim that this recommendation be and is hereby approved and the resolution adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CONTRACT AMENDMENT FOR TEMPORARY
DIRECTOR OF HOUSING AUTHORITY

The Flood Protection Committee reported having considered the matter of contract amendment to approve an amendment to Terry Hanson’s CDBG contract for a workload increase of up to 20% for up to six months as temporary director of the Housing Authority.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson- 12; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE GREENWAY PLAN

The Flood Protection Committee reported having considered the matter of reintroduction of first chapters of the Greenway Plan, and recommended to adopt the first three chapters of the Greenway Plan and forward it to Planning and Zoning Commission.

The Planning and Zoning Commission reported having considered the matter of approval of the Grand Forks Greenway Plan, and recommended approval of the Greenway Plan and referral to city council for approval on December 20, 1999.

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

Council Member Carpenter reported that Tom Lander who lives at 1110 Almonte Avenue and is a spokesman for the Lincoln Park Neighborhood Association asked that a communication be read, and what they are asking for is that they be kept informed and involved in the process as any park development occurs there.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: City Estimate Summary totaling $8,386.29.

It was moved by Council Member Martinson 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, Klave, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayo 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: Watermain Project No. 4992, District No. 267; Sewer Project No. 4991, District No. 402.

It was moved by Council Member Glassheim and seconded by Council Member Klave that these recommendations be and are hereby approved. Carried 12 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE/DEPARTMENT

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

1) Council Member Glassheim reported he had placed notes on council members’ desks from the National League of Cities and that he will bring recommendations back based on these, and interesting was an all day session on strengthening council effectiveness, and having a formal structure to have a governance agenda as opposed to details that we spend time on, and this is based on John Carver’s book.
2) Council Member Glassheim presented the matter of the question of whether we should send a resolution to our Congressional delegation re. sales tax on the Internet; the matter was referred to the finance committee for consideration. He stated this was a major policy question that came up at several different meetings at the National League of Cities because of predictions for loss of income to State and City from sales on the Internet over next several years were staggering.
3) Council Member Hamerlik reported that the Sanitation Department distributed a booklet and that he could not find the two or three sites that were requested on a pilot program to have sanitation pickup sites throughout the city and if that were to continue. Todd Feland, Public Works, reported that they had considered the matter of sites for overflow for residents, and when they tried to site their composting or lawn pickup sites, they’ve had problems for neighborhoods accepting that sort of site, and felt if added into a neighborhood where people could drop their garbage off from either rural areas or from within the city that it was not something they should get into. Council Member Hamerlik stated that residents have limited space in their once a week pickup and would like response of pilot program that they were to have, etc. Mr. Feland stated they were to look at it to see if there were a viable option, and that they can go out into their current sites and do that.
4) Mr. Swanson reported that Supplement No. 9 to the Grand Forks City Code has been distributed and will bring the Code current through the month of September, 1999. He also noted that the City Code on the Internet is updated more frequently than the printed pages and also have access to the City Code by CD ROM in their office.
5) Council Member Klave reported he had received several complaints of no street lights downtown, and asked what status is. Gary Christianson, Urban Development, reported they have been in the process of changing and hooking up the feed points on those lights, and all lights were on this evening with exception of short section in front of the Federal Building and checked with the engineer working on that and are close to being done.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Bouley that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
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Patricia A. Owens, Mayor