Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, September 16, 1996

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, September 16, 1996 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; absent: Council Members Polovitz, Hagness - 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.

PRESENTATION OF AWARD TO JOEL MANSKE,
HOUSING AUTHORITY

Mayor Owens presented the 1996 Rocky Mountain Area Manager of the Year Award to Joel Manske, Director of the Grand Forks Housing Authority, and read accompanying letter from the Asst. Secretary for Housing, Federal Housing Administration.

APPROVE MINUTES AUGUST 5, 1996

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, August 5, 1996, were presented and read. It was moved by Council Member Hanson and seconded by Council Member Ellingson that these minutes be approved as read. Carried 12 votes affirmative.

SUSPEND AGENDA AND CONSIDER MATTER OF
PROJECT NO. 4433, AIR BASE WATERMAIN AND
BOOSTER STATION, CONSIDERATION OF BIDS AND
AWARD OF CONTRACT

Council Member Beyer moved to suspend the agenda to consider the matter of Project No. 4433, Air Base Watermain and Booster Station; Council Member Hafner seconded the motion. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of Project No. 4433, Air Base watermain and pump station, report on bids and award of contract, and recommended not to open the bid of S. J. Louis Construction, Inc. and to return the bid unopened.

Committee No. 3, Public Service, reported having considered the matter of Project No. 4433, Air Base watermain and pump station, report on bids and award of contract, and recommended to waive minor defect in the bid submission of Dunnick Bros., Inc. and that council open the bid.

(Note: The bid of Dunnick Brothers had a license number written on the outside of the bid envelope but did not have copy of the license or certificate of renewal issued by the Secretary of State enclosed in the required bid bond envelope attached to the bid envelope.)

Committee No. 3, Public Service, reported having considered the matter of Project No. 4433, Air Base watermain and pump station, report on bids and award of contract, and recommended to allow ICS, Inc., Grand Forks, to with- draw their bid on Contract 2, booster station, because of error in their bid.

Committee No. 3, Public Service, reported having considered the matter of Project No. 4433, Air Base watermain and pump station, report on bids and award of contract: Contract No. 2, Booster Station; and recommended to accept 14638
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the low bid of Construction Associates, Inc., Valley City, for a combination bid for Contract 2 in the amount of $595,000.00, subject to Air Force concurrence.

It was moved by Council Member Klave and seconded by Council Member Hafner that these recommendations be and are hereby approved.

Curt Peterson, Associated General Contractors of North Dakota, and in capacity of representative of Gibb Construction, Fargo, ND, addressed issue; that public bidding laws in North Dakota are relatively specific, that statutes in place protect integrity of that process for both the public entity and construction industry. He stated that the current project which council is considering, that governing statutes very clear in application and intent, and is their opinion that the non-complying bid of Dunnick should not be opened, that it clearly does not comply with ND statutes; that their association has always supported legislation that enhances process and integrity of the process and always opposed actions of public entities that fail to follow those statutory measures. He stated that in this case a certain statute contained in North Dakota law speaks directly to the issue at hand, NDCC 43-07-12 entitled Bids to Show License Issued, and read that section. He stated they and their legal counsel think that speaks directly to this issue; that they are very serious about protecting that statute and would probably look at some other type of action in event that statute was violated.

Council Member Hafner reported that the photocopy of the license was faxed later that day, and seems that was minor discrepancy, that wasn't physically attached to the bid but was in time. Mr. Peterson stated that way they viewed this is that a law on the books is not a technicality and cannot be waived.

Howard Swanson, city attorney, stated that it is his opinion that this is a discretionary item that the council may or may not waive, the State of North Dakota, while it does have a statute, has no case law interpreting that statute. He stated there are cases from other jurisdictions interpreting similar statutes that would allow a bid of this nature to be opened for a number of reasons: 1) there was no benefit to any bidder gained and no damage suffered by any bidder, 2) no information that this bidder did not provide that is relevant to evaluating the bid, that they did have proof that there was a contractor's license issued in addition to the contractor's license number, also had issuance dates, and those courts that have considered an issue, have split of authority, and those closest to this have held that there is substantial compliance. He advised that he cannot tell council that in the exercise of their discretion, they do not have some risk of litigation, but he would not fear that litigation because facts of this case appear to be as close to a technicality as you will ever find in law; that's not to say that if you believe strict compliance with the bid instructions should be kept, that you shouldn't make that finding; and consequently, his advise is to exercise your best discretion. He also advised that the bid of S. J. Louis
had a bid bond violation and City has always rejected bid bond violations.
He stated that there was a statement of the contractor's license number, there was a statement re. the issuance date or validity date of license, that it did not contain the license, that license was received by FAX but that was outside the bid time; that bid instructions are very clear, they were advised that they should have had this contractor's license in the bid instructions. He stated that he reviewed the bid instructions and they very clearly did advise that the contractor's license should be there.

Harris Dunnick, Dunnick Brothers, stated that they did not have a photostatic copy of their ND license in the proposal with the bond, their secretary wrote their license number and expiration date on the proposal. He stated they have had ND license for many years, oversight on part of staff. He stated that in the advertisement of bids it states that no contract shall be awarded to any
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contractor unless he is the holder of a license in the class within which the value of the project falls, they are the holder of a license, are capable of doing the work and their bid is lower than the one being considered, and asking council to look at their bid because is a minor detail and City can save some money.

Dean Wieland, CPS, Ltd. read from advertisement for bids: "each bid must be submitted upon the basis of cash payment for the work on blanks furnished by the engineer and shall be accompanied by a separate envelope containing an acceptable bidder's bond to the City of Grand Forks in the sum equal to 5% of the full amount of the bid.", "each bid shall contain a copy of the contrac- tor's license or certificate of renewal thereof issued by the Secretary of State enclosed in the required bid bond envelope. No contract shall be awarded to any contractor unless he is the holder of a license in the class within which the value of the project falls.", and "no bid will be read or considered which does not fully comply with the above provisions as to bond and licenses, and any deficient bid submitted will be returned to the bidder unopened."

Upon call for the question on the motion to return the S. J. Louis Construc- tion, Inc. bid unopened, the motion carried 12 votes affirmative.

Upon call for the question on the second motion, to waive the defect in the bid submission of Dunnick Bros., Inc. and to open their bid, and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12. Mayor Owens declared that the motion failed.

Council Member Beyer moved to award the low bid on Contract No. 1, watermain construction, to Robert Gibb & Sons, Inc. in the amount of $1,123,348.00, subject to U.S. Air Force concurrence. The motion was seconded by Council Member Klave. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

Upon call for the question on the motion to allow ICS, Inc. to withdraw their bid on Contract No. 1 because of an error in their bid, the motion carried 12 votes affirmative.

Upon call for the question on the motion to accept the bid of Construction Associates, Inc. for a combination bid for Contract No. 2 in the amount of $595,000.00, subject to Air Force concurrence, and upon roll call vote the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

COUNCIL MEMBER HAMERLIK EXCUSED

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3609.1, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF DESOTO 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 plat of Desoto First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 1996, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
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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 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 request from CPS, Ltd. on behalf of Desoto Association for final approval of a plat of Desoto First Addition to the city of Grand Forks, North Dakota (located in the southwest corner of 32nd Avenue South and South 17th Street), 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 Plan.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Ellingson, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3610, AMENDING ZONING
MAP TO INCLUDE WITHIN COLUMBIA PARK PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 9,
WITH SUBSTANTIVE CHANGES, LOTS 1-16, BLOCK C,
COLUMBIA PARK 15TH ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 8, and to include within Columbia Park PUD (Planned Unit Development), Concept Develop- ment Plan, Amendment No. 9 with all substantive changes lying within Lots 1 through 16, Block C, Columbia Park 15th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 1996, 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 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 Art Greenberg, Jr. for final approval of an ordinance to amend the Zoning Map to exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 8 and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 9 with all substantive changes lying within Lots 1 through 16, Block C, Columbia Park 15th Addition (located between Sara Lyn Drive and South 35th Street and 28th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Ellingson, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

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ADOPT ORDINANCE NO. 3611, AMENDING ZONING
MAP TO INCLUDE WITHIN R-1 (SINGLE FAMILY
RESIDENCE) DISTRICT ALL OF RIVERS EDGE
RESUBDIVISION

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-1 (Limited Development) District, and to include within the R-1 (Single Family Residence) District, all of Rivers Edge Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 1996, 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 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 Dave Roberton etal for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the R-1 (Single Family Residence) District all of Rivers Edge Resubdivision (located east of Belmont Road and south of 49th Avenue South), and recommended final approval and passage of the ordinance amending the zoning map.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBER HAMERLIK REPORTED BACK

TABLE SECOND READING OF ORDINANCE TO ANNEX
PORTIONS OF JOHNSON'S 2ND ADDITION AND
JOHNSON'S 4TH ADDITION TO OCTOBER 7, 1996

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, portions of Johnson's 2nd Addition and Johnson's 4th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 19, 1996, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

The city auditor reported that notice to the public that this would be pre- sented to the city council had not been published by the petitioner as required.

Bob Bushfield, city planner, stated that developer hasn't following through with publication, and recommended holding for one more meeting.

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 Ellingson to table this matter to October 7, 1996. Carried 12 votes affirmative.



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September 16, 1996

EXTEND EXISTING CABLE TELEVISION FRANCHISE
AGREEMENT TO NOVEMBER 1, 1996 AND CONTINUE
PUBLIC HEARING AND SECOND READING OF ORDINANCE
GRANTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE
TO TCI OF NORTH DAKOTA, INC. TO OCTOBER 21, 1996

An ordinance entitled "An ordinance granting a cale television sfranchise agreement to TCI North Dakota, Inc.", which had been introduced and passed on its first reading on September 3, 1996, 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 notice to the public that the cable TV franchise ordinance would be considered by the city council this evening had been published.

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 Ellingson asked to be allowed to abstain from voting on this matter. It was moved by Council Members Babinchak and Beyer that Council Member Ellingson be allowed to abstain from any vote on the issue. Carried 11 votes affirmative.

Howard Swanson, city attorney, reported that the legal department in Denver for TCI has asked for additional time to review the changes that the City has made in the most recent draft, and consequently, he is recommending that this body take the following action: to extend the existing franchise agreement to November 1, 1996 and that the public hearing on this matter be continued to October 21, 1996.

It was moved by Council Member Babinchak and seconded by Council Member Sande to extend the existing franchise agreement to November 1, 1996, and to continue the public hearing and second reading of the ordinance granting a non-exclusive cable television franchise to October 21, 1996.

Council Member Carpenter reported having received several calls re. this matter, ie., problems landscapers having with buried cable and property owners when aerating lawns, expense to property owner is cable broken; and that they should probably look into this. Council Member Beyer also brought up matter of residents having to wait for service. This matter will be placed on the finance committee agenda at their meeting.

Mr. Swanson reported that the proposed agreement utilizing an industry standard of number of subscribers per cable mile, being located within city limits does not guarantee the right for cable installation, that there is investment analysis whether there are sufficient users to warrant the extension of cable to particular area of the city, so in fringe areas cable may not be available immediately. He also stated that the existing franchise has no standard so are moving toward definitive standard as to when they are obligated to provide service.

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

APPROVE CIP BUDGET, AND ADOPT FINAL BUDGET
FOR THE CITY OF GRAND FORKS FOR 1997 AND
ANNUAL TAX LEVY

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The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota for the year ending December 31, 1997 would be presented to the city council on Monday, September 16, 1996 at 7:30 o'clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 1997.

Mayor Owens asked for comments from the audience and from the council.

Council Carpenter questioned what salary for the mayor was included in the Mayor/Council budget and if salary in the budget is what has been established or if it would take council action to change that salary. The city auditor reported that the line item in the Mayor's budget for 1997 is $24,000 and that compares to $12,000 in the 1996 budget and that in approving that, that would be the amount of the mayor's salary. Mr. Swanson stated that the line item for the salary for the mayor would be the established salary, however, that is not true with other line items of the budget. He further advised that under Section 2-0801 and 2-0802 of the City Code establishes the salaries of the council and mayor as being established in the budget. He advised that council that if they have concerns that amount (mayor's salary) is too high or too low, that they make that action tonight; however, with respect to the total overall budget amount, the council cannot increase that budget from what council gave preliminary approval to; but could make alterations within the budget line items if within that total appropriation. He also stated that there is a State statute re. increasing of elected bodies' salary during the fiscal year from which they are being paid, and could make those changes if done before December 31, 1996.

After further discussion Council Member Carpenter moved to amend the budget
to transfer $12,000 from the personal services for the mayor's salary to the other operating expenses line item; Council Member Hafner seconded the motion. Carried 11 votes affirmative; Council Member Ellingson voted against the amendment.

It was moved by Council Member Beyer and seconded by Council Member Babinchak to approve the 1997 CIP budget and adoption of the resolution and certificate of levy which is 135.46, and to introduce the following resolution adopting the budget: Document No. 7164 - Resolution.

Upon call for the question of adoption of the resolution and upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried and the budget adopted.

HOLD PUBLIC HEARING ON APPLICATION BY J.W.
PERRY, INC. FOR FIVE-YEAR TAX EXEMPTION ON
PROPERTY AT 1250 SOUTH 46TH STREET, AND REFER
BACK TO FINANCE COMMITTEE TO DETERMINE LEVEL
OF EXEMPTION

The city auditor reported that a public hearing on the application from LeRoy and Barbara Bross Trust dba J. W. Perry, Inc. for a five-year tax exemption pursuant to NDCC Chapter 40-57.1 had been scheduled for this evening, that the required legal notice (notice to competitors of hearing on application for property tax exemption) had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens called for the public hearing on this matter. There were no comments and the public hearing was closed.
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It was noted that the School District had been notified re. public hearing this evening.

It was moved by Council Member Beyer and seconded by Council Member Ellingson that this matter be referred back to the finance committee for determination of exemption if any. Carried 12 votes affirmative.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of August 31, 1996, was presented and read. It was moved by Council Member Klave and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 96-16, dated September 16, 1996 and totaling $2,648,016.00, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Klave 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 Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

ADOPT RESOLUTIONS ESTABLISHING TERMS AND
DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT
WARRANTS ON THE VARIOUS IMPROVEMENT FUNDS,
PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENTS
FOR THE SUPPORT AND MAINTENANCE OF SAID FUNDS;
AND DIRECTING ISSUANCE OF $4,530,000 REFUNDING
IMPROVEMENT BONDS, SERIES 1996B AND PRESCRIBING
TERMS AND COVENANTS THEREOF

The city auditor exhibited affidavit showing publication in the official newspaper of the City of a Notice of Bond Sale of $4,530,000 Refunding Improvement Bonds, Series 1996B (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted August 5, 1996. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 4 sealed bids for the purchase of the Bonds had been received at his office from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 7165 - Bid Listing.

Wally Dornfeld, Springsted, Inc., financial consultant, stated that the Moody's Investors Service did confirm a double A rating for the City of Grand Forks, which they were very pleased with, and that bids received today were excellent. The city auditor reported that the information from Moody's was on the council members' desks and there was some additional information as to how they rated the issue. It was also noted that Moody's has been rating agency that the City has used for many years.

Committee No. 1, Finance, reported having considered the matter of sale of $4,530,000 Refunding Improvement Bonds, Series 1996B, and adoption of resolutions, and recommended that we award bid to Dain Bosworth with a true
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interest rate of 5.2313%; and adopt resolutions establishing terms and directing issuance of definitive improvement warrants and providing for and appropriating special assessments for support and maintenance of said bonds and adopt resolution directing issuance of $4,530,000 Refunding Improvement Bonds, Series 1996B, and prescribing the terms and covenants thereof.

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

Council Member Bakken introduced the following resolution and moved its adoption: Document No. 7166 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Babinchak, Bakken, Beach, Beyer, Carpenter, Ellingson, Glassheim, Hafner, Hamerlik, Hanson, Klave, Sande - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and her signature attested by the city auditor.

Council Member Bakken than introduced the following resolution and moved its adoption: Document No. 7167 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Babinchak, Bakken, Beach, Beyer, Carpenter, Ellingson, Glassheim, Hafner, Hamerlik, Hanson, Klave, Sande - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and her signature attested by the city auditor.

ACCEPT OFFER FOR PURCHASE OF CITY PROPERTY
AT 1310 8TH AVENUE NORTH, SUBJECT TO CONDITIONS

Committee No. 1, Finance, reported having considered the offer from Robert E. Mutcher, Sr. to purchase City lot at 1310 8th Avenue North, and recommended to accept the offer of Mr. Mutcher to purchase the property for $10,000 plus un- paid special assessments pro-rated to closing date, with sale of the property contingent upon rezoning of the property from B-1 to B-3, and further that the City not consider the contingency for 10-year conditional use permit.

It was moved by Council Member Bakken and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the fol- lowing voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

FIND AND DETERMINE THAT THERE ARE NO LOCAL
COMPETITORS TO RDO FOODS COMPANY, AND SET
PUBLIC HEARING FOR OCTOBER 7, 1996

Committee No. 1, Finance, reported having considered the application for five-year tax exemption by RDO Foods Co. re. public hearing requirements, and found there are no competitors and set public hearing for October 7, 1996.

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


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September 16, 1996

APPROVE APPLICATION FOR CLASS 4 LIQUOR
LICENSE FOR MAMA LOLA'S, L.L.C., 124
NORTH 3RD STREET

Committee No. 2, Public Safety, reported having considered the application for Class 4 liquor license (less than 100 seats) for Mama Lola's, L.L.C. dba Lola's, 124 North 3rd Street, and recommended approval of the application sub- ject to approval by the fire, health and inspection departments.

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

APPROVE GRANT AGREEMENTS WITH ND DEPARTMENT
OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with ND State Department of Health, Smoke-free and Nutritious Dining Health Promotion, and recommended that the grant agreement be approved.

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

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with ND State Department of Health: Tobacco Prevention and Control, and recommended that the grant agreement be approved.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment in the amount of $2,700.00 in the Smoke-Free and Nutritious Dining Grant (Health Department), reflecting new mini-grant funds, was presented and read. It was moved by Council Member Ellingson and seconded by Council Member Sande that this budget amendment be approved. Carried 12 votes affirmative.

APPROVE REQUEST BY AMERICAN RED CROSS TO
HOLD 5K RUN ON FEBRUARY 1, 1997

Committee No. 2, Public Safety, reported having considered the request to hold 5K Run on February 1, 1997 by American Red Cross, and recommended approval of the request.

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

DELEGATE AUTHORITY TO COMMITTEE TO ACT ON
SPECIFIC ITEMS

Committee No. 2, Public Safety, reported having considered listing of items from city attorney for possible delegation of authority to committee, and recommended that the council delegate authority to the committee to act on the following items: 1) parking designation (time parking, no parking, handi- capped parking, location parking); 2) special alcohol beverage permits; 3) adoption of resolutions recognizing group as public-spirited; 4) loading/ unloading zone designations; 5) routes for parades, walks, runs, bike races,
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marathons, street dances, festivals, etc.; 6) approval of site authorizations; 7) liquor license renewals; 8) site authorization renewals; and 9) block parties.

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

DECLARE FIRE DEPARTMENT BACKHOE AS SURPLUS
PROPERTY AND OFFER FOR SALE

Committee No. 2, Public Safety, reported having considered the matter of disposal of unneeded 1970 John Deere backhoe in fire department, and to declare the property as surplus and offer for sale.

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

AUTHORIZE ENTERING INTO FARM LEASE WITH
LARRY MCENROE

Committee No. 3, Public Service, reported having considered the matter of farm lease (five year lease) for approx. 455 acres of pasture land located between city landfill and city lagoon with Larry McEnroe, and recommended that we approve the lease as negotiated and authorize proper City officials to sign the lease (with following terms accepted by Mr. McEnroe: decrease in pasture area by 25 acres for a public works use, realignment of fencing around the 25 acres if the City desires, and increase of $400/yr. in rents even though total acreage decreased by 25 acres).

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR TRUCK AND BOX FOR SANITATION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for single-axle truck for sanitation department, and recommended to accept the low bid of Rydell Chevrolet in the amount of $38,103.84, less $2,000 trade-in for 1978 truck, for a net bid of $36,103.84.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the bids for truck box and hoist for single-axle truck, and recommended to accept the low bid of Dacotah Truck and Equipment in the amount of $7,499.00.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

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September 16, 1996

AUTHORIZE BUY-OUT OF NSP MATERIALS AND
EQUIPMENT, PROJECT NO. 4045, WATER
TREATMENT PLANT MODIFICATIONS

Committee No. 3, Public Service, reported having considered the matter of Project No. 4045, Water Treatment Plant Modifications, buy-out of Northern States Power Company materials and equipment at plant (standby power), and recommended to authorize buy-out of the materials and equipment at the water plant in the amount of $41,860.00, and to indicate that the City is unhappy with pricing policy.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4377, WATER RECLAMATION
FACILITIES EVALUATION

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering agreement for Project No. 4377, Water Reclamation Facilities Evaluation, and recommended to approve amendment to the agreement in the amount of $11,955.27.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4435, WATER INTAKE IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4435, water intake improvements, and recommended to approve plans and specifications and to authorize call for bids, contingent upon engineer's approval.

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

APPROVE CHANGE ORDER, PROJECT NO. 4260,
MILL ROAD BRIDGE

Committee No. 3, Public Service, reported having considered Change Order #1, Project No. 4260, Mill Road Bridge, and recommended to approve the change order in the amount of $12,060.56, with 20% City share.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Ellingson, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4186, LANDFILL CLOSURE

Committee No. 3, Public Service, reported having considered plans and
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September 16, 1996

specifications for Project No. 4186, landfill closure, and recommended to approve plans and specifications, and to authorize call for bids.