Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 6, 1997

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, October 6, 1997
at the hour of 7:10 p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; absent: Council Members Polovitz, Glassheim - 2; 2 seats vacant.

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.

COUNCIL MEMBER SANDE EXCUSED

APPROVE APPLICATIONS FOR VARIOUS MOVING
PERMITS

The city auditor reported that the public hearings on applications by Scott Kroke to move garage from East Grand Forks, MN to 1512 5th Avenue North; Carl O. Gustafson to move garage to 810 14th Avenue South; William Lambert to move garage from East Grand Forks, MN to 1006 South 17th Street; and Lee Liddle to move garage from East Grand Forks to 1218 South 19th Street, to be used as residential garages had been published and posted.

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

It was moved by Council Member Hafner and seconded by Council Member Klave that insufficiency of protests be declared. Carried 10 votes affirmative.

Committee No. 3, Public Service, reported having considered the application for moving permit by Scott Kroke to move garage from East Grand Forks to 1512 5th Avenue North, and recommended approval of the application for moving permit.

Committee No. 3, Public Service, reported having considered the application for moving permit by Carl O. Gustafson to move garage to 810 14th Avenue South, and recommended approval of the application for moving permit.

Committee No. 3, Public Service, reported having considered the application for moving permit by William Lambert to move garage from East Grand Forks, MN to 1006 south 17th Street, and recommended approval of the application for moving permit.

Committee No. 3, Public Service, reported having considered the application for moving permit by Lee Liddle to move garage from East Grand Forks, MN to 1218 south 19th Street, and recommended approval of the application for moving permit.

It was moved by Council Member Hafner and seconded by Council Member Klave that these recommendations be and are hereby approved and further that the applicants be and are hereby authorized to move the buildings. Carried 9 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the Statement of Changes in Cash Balance for the period ending September 30, 1997. It was moved by Council Member Beyer and seconded by Council Member Beach that this report be and is hereby received and filed. Carried 9 votes affirmative.

The city auditor presented and read the financial management cross fund report for period ending August 31, 1997. It was moved by Council Member Beyer and
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seconded by Council Member Beach that this report be and is hereby received and filed. Carried 9 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-15, dated October 6, 1997, and totaling $2,450,753.81, 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 Carpenter 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, Hamerlik, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 9; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

ADOPT RESOLUTION PRIMARILY AUTHORIZING
ISSUANCE OF MUNICIPAL INDUSTRIAL DEVELOPMENT
REVENUE BONDS UNDER CHAPTER 40-57 NDCC SUBJECT
TO PUBLIC HEARING AND AUTHORIZING THE PREPARATION
OF NECESSARY DOCUMENTS THEREFOR (VALLEY MEMORIAL
HOME PROJECT)

Committee No. 1, Finance, reported having considered the matter of Nursing Home Revenue Bonds (Valley Memorial Homes Project), Series 1997, and recommended adoption of the resolution primarily authorizing the issuance of Municipal Industrial Development Revenue Bonds under Chapter 40-57 NDCC, subject to public hearing and authorizing the preparation of necessary documents therefor (Valley Memorial Homes Project), and call for the public hearing for October 20, 1997.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Hamerlik offered the following resolution and moved its adoption: Document No. 7379 - Resolution.

Council Member seconded the above resolution, and, upon vote being taken thereon, the following voted in favor: Council Members Beach, Hamerlik, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness, the following voted against the same: none; and the following were absent: Polovitz, Glassheim, Sande; whereupon the resolution was declared duly passed and adopted.

AWARD BID FOR REPLACEMENT OF FLOOD-DAMAGED
VEHICLES

Committee No. 1, Finance, reported having considered the bids for replacement of flood-damaged vehicles, and recommended to award to low bidder, Rydell Chevrolet, for $180,314,00 for two compact pickups and ten mid-size automobiles.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 9; voting "nay": none. Mayor Owens declared the motion carried.

ESTABLISH POLLING PLACES FOR SPECIAL ELECTION
TO BE HELD NOVEMBER 4, 1997

Committee No. 1, Finance, reported having considered the matter of establishing polling places for special election to be held November 4, 1997, and recommended that polling places remain as in the past (School for the Blind, Valley Middle
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School, Wesley United Methodist Church for Ward 2, and Civic Auditorium and Police Building for precincts 3 and 4, Ward 3) except that polling places at Ward 3, precincts 1 and 2 be combined at Winship School, because of finding that Wilder School, the polling place previously used in Precinct 1 has been severely damaged by the flood and is not available and further that the hours of election be established as 7:00 a.m. to 8:00 p.m.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

INTRODUCE ORDINANCE TO ALLOW MAYOR TO APPROVE
EXTENSION OF LEAVE IN EXCESS OF TWO-YEAR ACCRUAL
SUBJECT TO CERTAIN CONDITIONS

Committee No. 1, Finance, reported having considered the matter of carry-over of vacation time by employees, and recommended to amend ordinance to allow mayor to approve an extension of leave in excess of the two-year accrual, to be determined on a case by case basis, that any request to carry over excess vacation time be made by December 31, 1998 and any carry-over time be brought back to normal state by December 31, 2000, and to introduce the ordinance for first reading.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Carpenter introduced an ordinance entitled "An ordinance amending Section 6-0807(4) of the Grand Forks City Code relating to vacation leave", which was presented, read and passed on its first reading.

APPROVE PART-TIME WAGE POLICY

Committee No. 1, Finance, reported having considered the matter of part-time wage policy, and recommended to establish pay range for permanent part-time, temporary and seasonal positions with minimum pay to be minimum wage and not to exceed the dollar amount of fifth step of related position, with recommendation from Human Resources and ultimate approval by mayor, and part-time positions to be reviewed in April of each year.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 9; voting "nay": none. Mayor Owens declared the motion carried.

COUNCIL MEMBER SANDE REPORTED BACK

APPROVE COMPENSATION PROGRAM FOR EXEMPT
EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of potential compensation program for exempt employees, and recommended approval of the program, with exempt employees to be paid straight time beyond 48 hours, and not to exceed $100,000 without it returning to council for additional approval.

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

Council Member Hagness stated that if setting city-wide policy, wouldn't they bring policy back to council, and it was noted that it went to flood response committee who recommended 44 hours and $200,000 for a one-year period, and then went back to the finance committee. Council Member Hamerlik reported that the committee felt there should be exception to the policy but felt 44 hours too low.
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Council Member Carpenter stated that this would adopt change in effect to com-pensate people who are putting in a significant number of hours for a much greater extended period of time than ever have done before because of the con-sequences of the flood, doesn't think establishing policy that exempt employees are expected to work 48 hours but expected to work necessary hours to get the job done, but because of the flood working 45-50-60 or 70 hours for great number of months, and in effect this is extra compensation to recognize those hours they are putting in. He stated that this was not as establishing precedent in the future, this is extraordinary circumstance and is not normal precedent for operations in the future. It was noted that Flood Response Committee had made motion for period ending September, 1998 and to be reviewed by mayor in 6 months.
Upon call for the question and upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE VARIANCE TO NOISE ORDINANCE FOR
OUTDOOR FESTIVAL ON OCTOBER 11, 1997

Committee No. 2, Public Safety, reported having considered the request from West Hall, UND, to hold outdoor festival on October 11 and request for variance to noise ordinance, and recommended to approve request with variance to 11:30 p.m.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE GRANT AGREEMENTS WITH ND DEPARTMENT
OF HEALTH AND APPROVE BUDGET AMENDMENTS

Committee No. 2, Public Safety, reported having considered the matter of Immunization Grant contract amendment ($22,140), and recommended to approve the grant amendment.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of Altru Health Plan Medical Assistance agreement in the amount of approx. $35,000 through December 31, 1998, and recommended to approve the agreement contingent upon approval of the city attorney.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

The city auditor presented budget amendment for Wellness Program (Healthy Communities Grant) in the amount of $6,300.00 to reflect grant monies from Altru Health Systems and ND Department of Health. It was moved by Council Member Beyer and seconded by Council Member Sande that this budget amendment be and is hereby approved. Carried 10 votes affirmative.

The city auditor presented budget amendment for Communicable Disease in the amount of $22,140 to reflect grant contract amendment to increase compensation. It was moved by Council Member Beyer and seconded by Council Member Sande that this budget amendment be and is hereby approved. Carried 10 votes affirmative.
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AUTHORIZE REMOVAL OF PARKING ALONG NORTH
SIDE OF 19TH AVENUE SOUTH BETWEEN SOUTH
COLUMBIA ROAD AND SOUTH 29TH STREET

Committee No. 2, Public Safety, reported having considered the request to consider removal of parking along the north side of 19th Avenue South between South Columbia Road and South 29th Street, and recommended to authorize removal of parking as requested.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE MUTUAL AID AGREEMENT WITH CITY OF
EAST GRAND FORKS, MN FOR POLICE SERVICES

Committee No. 2, Public Safety, reported having considered the matter of mutual aid agreement with City of East Grand Forks, MN for police services, and recommended to approve the mutual aid agreement.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF COMPLAINTS RE. NOISE AT
BORROWED BUCKS ROADHOUSE BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of com-plaint re. noise at Borrowed Bucks Roadhouse, and recommended to receive and file, and that ownership and management work with health department to reduce noise levels.

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

Council Member Babinchak reported she had received complaint from a gentlemen, and asked if committee could take back. Council Members Sande and Beyer asked that the matter be sent back to committee for further consideration.

CHANGE INTERSECTIONS OF 13TH AVENUE SOUTH
AND WALNUT STREET, AND 13TH AVENUE SOUTH AND
CHESTNUT STREET TO THREE-WAY STOPS

Committee No. 2, Public Safety, reported having considered the petition re. changing stop signs on 13th at Walnut and Chestnut, and recommended to change intersections of 13th Avenue South and Walnut Street, and 13th Avenue South and Chestnut Street to three-way stop intersections and to re-evaluate at traffic engineer's discretion.

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

Council Member Sande reported they are replacing two-way stops with three-way stops, that she doesn't think this is a good idea, however, will concur with petitions and committee will review in two years.

Carried 10 votes affirmative.

REINSTATE ENFORCEMENT OF LIMITED-TIME
PARKING
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Committee No. 2, Public Safety, reported having considered the matter of reinstating parking enforcement for police and street departments under Chapter VIII of the City Code, and recommended that we reinstate the enforcement of limited-time parking.

Committee No. 2, Public Safety, reported having considered the matter of reinstating parking enforcement under Chapter VIII of the City Code, and recommended to reinstate enforcement of on-street parking of trucks and motor homes, parking in excess of 24 hours, and daily parking restrictions, effective November 1.

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

Council Member Hamerlik stated that this particular enforcement will include downtown and that he has had three individuals suggest to him that because of the businesses that are open and amount of traffic, (esp. to City Hall,) etc., is this reasonable to enforce at this time, so not enforced throughout entire downtown where not needed and also give more flexibility to students at Central High School. Mr. Swanson stated he couldn't respond to whether it should or shouldn't be waived, however, under Ordinance No. 3644 where waived, the option was to either waive entirely or not waive, doesn't see under existing ordinance where would have ability to designate certain areas unless were to go back in and redesignate what areas are timed parking vs. other areas. Mr. Swanson stated they could take whole downtown district and redetermine what areas have time parking. He reported that last May they suspended a large number of ordinances, it would occur to him that many of those ordinances can now be re-implemented, esp. debris removal, garbage, landfill, land and property, different water rates, sidewalk obstructions, most waived for cleanup and debris removal, but at some point it would be his recommendation that council reinstate all of the provisions except two areas that seem to be still not ready to be imposed, Chapter XVIII, Land Development Code, and the provisions in Chapter XIV relating to downtown parking assessments, which appear to be outside scope of implementation, but other ordinances appropriate to bring back up.

Upon call for the questions and upon voice vote, the motions carried 10 votes affirmative.

Council Member Hafner suggested that the matter of suspended ordinances be brought to the Flood Response Committee for further consideration.

APPROVE MANDATING OF PHYSICAL EXAMS FOR
EMPLOYEES (COMMERCIAL DRIVERS)

Committee No. 3, Public Service, reported having considered the matter of ICC physicals for employees (commercial drivers), and recommended that we approve mandating of physical exams, and changing the site for the physicals to the Altru Clinic.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

ACCEPT BIDS FOR SALT AND SAND

Committee No. 3, Public Service, reported having considered the bids for salt and sand, and recommended to accept the bid of Cutler Magner for 325 tons of salt @$35.80/ton for a total of $11,635.00, and the bid of Bradshaw Gravel for 5620 tons of sand @$8.25/ton for a total of $46,421.20.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following
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voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF MODIFICATION TO COMPOSTING
AGREEMENT WITH KBM, INC. BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of modification to composting agreement with KBM, Inc. to include the following sentence, "It is agreed that any technology developed in the course of the study shall be considered 'new' technology only at the written mutual agreement of the Owner and KBM, Inc. and the sub-consultants of KBM, Inc.", and recommended to approve modification subject to final review by the city attorney.

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

Mr. Swanson, city attorney, asked that this matter be referred back to the committee for further consideration. Council Members Klave and Hagness asked that this matter be sent back to Public Service Committee for further consider-ation.

APPROVE AGREEMENTS FOR ENGINEERING SERVICES
FOR PROJECT NO. 4669, DISTRICT. 386.1, SOUTHEND
DRAINWAY, PHASE 1B

Committee No. 3, Public Service, reported having considered the matter of agreements for design and construction engineering services between CPS and City for Project No. 4669, District No. 386.1, Southend Drainway Phase 1B from Chest-nut to Highway 81, and recommended to authorize entering into the agreements.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER PROJECT
NO. 4682, DISTRICT NO. 390, AND WATERMAIN
PROJECT NO. 4683, DISTRICT NO. 257

The city auditor presented and read tabulation of bids which had been received and opened on Monday, September 22, 1997 for Sewer Project No. 4682, District No. 390, and Watermain Project No.4683, District No. 257, sanitary sewer and watermain on 24th Avenue South from South 40th Street to South 42nd Street, indicating that Soberaski, Inc. was low bidder based upon their bids in the amounts of $78,520.00 and $34,496.00, respectively, for a total bid of $113,016.00: Document No. 7380 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 4682, District No. 390, and Watermain Project No. 4683, District No. 257, in the amounts of $44,000.00 and $100,000.00, were presented and read.

Committee No. 3, Public Service, reported having considered construction bids for projects: Project No. 4682, District No. 390, sanitary sewer and Project No. 4683, District No. 257, watermain, on 24th Avenue South from 40th to 42nd Streets, and recommended to accept the low bids of Soberaski, Inc. in the amounts of $78,520.00 and $34,496.00 respectively, for a total of $113,016.00.

It was moved by Council Member Bakken and seconded by Council Member Hafner that
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this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7381 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this resolution awarding the contract for Sewer Project No. 4682, District No. 390, and Watermain Project No. 4683, District No. 257, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

ACCEPT BIDS FOR PROJECT NO. 4439, SANITARY
SEWER LIFT STATION NO. 38

Committee No. 3, Public Service, reported having considered the matter of con-sideration of construction bids for Project No. 4439, sanitary sewer Lift Station No. 38, located at Ruemmele Road and 40th Avenue South, and recommended to accept the low bids of Wanzek Construction in the amount of $651,840 for Schedule A, and United Crane & Excavating in the amount of $227,023 for Schedule C.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried and the contracts awarded.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4694, FLOOD CONTROL STRUCTURES ON ENGLISH
COULEE

Committee No. 3, Public Service, reported having considered plans and specifi-cations for Project No. 4694, flood control structures on storm sewer outfalls on English Coulee, and recommended approval of plans and specifications, and to authorize call for bids to proceed with the project.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4695, FLOOD CONTROL STRUCTURES ON RED RIVER

Committee No. 3, Public Service, reported having considered plans and specifi-cations for Project No. 4695, flood control structures on storm sewer outfalls on the River, and recommended approval of plans and specifications, and to authorize call for bids to proceed with the project.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4696, FLOOD CONTROL STRUCTURES AT VARIOUS
LOCATIONS

Committee No. 3, Public Service, reported having considered plans and specifi-cations for Project No. 4696, flood control structures at various locations, and recommended approval of plans and specifications, and to authorize call for bids to proceed with the project.

It was moved by Council Member Bakken and seconded by Council Member Hafner that
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this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PLANS AND SPECIFICATION FOR PROJECT
NO. 4697, PUMPING STATION AT COLUMBIA ROAD AND
DEMERS AVENUE

Committee No. 3, Public Service, reported having considered plans and specifi-cations for Project No. 4697, pumping station at Columbia Road and DeMers Avenue, and recommended approval of plans and specifications and to authorize call for bids to proceed with the project.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE TWO-WAY AGREEMENT FOR WATER ON 32ND
AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for water on 32nd Avenue South (Wild Rice Investments), and recommended to authorize entering into the two-way agreement for installation of watermain.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE THREE-WAY AGREEMENT FOR SANITARY SEWER
ON NORTH COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for sanitary sewer on North Columbia Road, and recommended to authorize entering into the three-way agreement for installation of sanitary sewer.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE PURCHASE OF PUMPS

Committee No. 3, Public Service, reported having considered the matter of purchase of pumps (5 electric pumps for Street and Wastewater Departments), and recommended purchase of the pumps with CDBG funds in the amount of $33,760.

The Flood Response Committee reported having considered the matter of purchase of portable rental pumps (balance of $6,752 ea. for 5 pumps), and recommended approval of purchase of the pumps with CDBG funds.

It was moved by Council Member Bakken and seconded by Council Member Hafner that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE INSTALLATION OF PUMP AT LIFT STATION
NO. 22

Committee No. 3, Public Service, reported having considered the matter of pump
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at Lift Station No. 22, and recommended approval of installation of third pump at Lift Station No. 22 in an estimated amount of $55,000 with portion of cost to be negotiated with Simplot.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE FLOOD PROTECTION PLAN FOR WATER
TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of flood protection plan for water treatment plant, and recommended approval of the following plan: First Order Plan A, which protects to elevation of 833.3 + 1.0 ft., at estimated cost of $1,056,000.

The Flood Response Committee reported having considered the matter of water treatment plant, First Order Flood Protection Plan A, and recommended to approve recommendation to accept plan for water plant flood protection in the amount of $1,056,000.

It was moved by Council Member Bakken and seconded by Council Member Hafner that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION OFFERING TO PURCHASE
LAND AND AUTHORIZING DEPOSIT INTO COURT AND
USE OF QUICK-TAKE AUTHORITY

The Public Service Committee reported having considered the matter of land acquisition for Project No. 4669, District No. 386.1, Southend Drainway Phase 1B from Chestnut to Highway 81, and recommended to adopt resolution authorizing to purchase land and authorizing deposit into Court and use of quick-take authority.

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

Council Member Hagness stated that they need reference in the recommendation to the Bert Johnson land which has now been negotiated and that should not be included because they will be purchasing land outright and not going through condemnation. Mr. Swanson reported that he was going to report that negotiations had been concluded with the property owners of property described as Johnson Tracts, and that leaves only property owner remaining to be Francis Curran and others that claim interest so the resolution will be redrafted to accommodate that change and the motion from the committee is still appropriate, and what doing is authorizing the deposit of funds with the Court and authorizing moving forward with quick-take authority for that land acquisition. He reported that draft resolution which was passed last week was merely draft and was incomplete, and as a result have revised resolution and by action tonight would be limiting that resolution to the remaining property on which we do not have negotiated agreement.

Upon call for the question, and upon voice vote the motion carried 10 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 7381.1 - Resolution.
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It was moved by Council Member Hagness and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4440,
DISTRICT NO. 386, SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1 for Project No. 4440, Southend Drainway, Phase 1A, and recommended approval of the change order in the amount of $6,500.00.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2 for Southend Drainway, Project No. 4440, District No. 386, and recom-mended approval of the change order in an est. amount of $150-200,000, and further to assess costs to the project.

The Flood Response Committee reported having considered the matter of Change order on Project No. 4440, Southend Drainway, Flood Control Closure, est. cost of Change Order No. 2 $150-200,000, and recommended to include cost of change order as part of total project cost and use CDBG funds.

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

It was moved by Council Member Hagness and seconded by Council Member Hafner to amend the motion from the Flood Response Committee to delete funding for the change order out of CDBG funds as this is for special assessment project and would not use CDBG funds. Carried 10 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

OBLIGATE FUNDS FOR RENTAL REHAB PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of rental rehab program, and recommended to obligate funds to a total of $8.251 Million and authorize proceeding with rehab projects.

It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE COMMITMENT OF FUNDING TO COOPERATIVE
LIVING PROJECT

Committee No. 4, Urban Development, reported having considered the matter of cooperative living project, and recommended to authorize commitment of $25,000 contingent upon a favorable feasibility study.

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It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

CALL FOR COMMENT PERIOD ON PROPOSED ALLOCATION
OF 1998 CDBG FUNDING PROGRAM AND PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of allocation of 1998 CDBG funding program, and proposed CDBG projects: Grand Forks Affordable Housing Program, $150,000 and Grand Forks Housing Authority, reloca-tion of 4-plexes from Michigan, ND, $230,000, and recommended to accept concept for the projects and call for the public hearing, with a 7-day comment period.

It was moved by Council Members Beach and Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ISSUANCE OF FUNDS FOR INDUSTRIAL
PARK LAND AND ASSIGNMENT OF ALL INTERESTS
TO JOBS DEVELOPMENT AUTHORITY

Committee no. 4, Urban Development, reported having considered the matter of paying for Industrial park land expansion, and recommended to authorize issuance of funds in the amount of $1.22 Million from CDBG and that the property be deeded to the JDA (Jobs Development Authority).

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

Mr. Swanson reported that the initial purchase agreement is in the name of the City of Grand Forks and he would advise that motion be amended to further authorize the proper City officials to execute an assignment of all interests to the Jobs Development Authority. It was so moved by Council Members Sande and Beyer. Carried 10 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call vote the following voted "aye": Council Members Beach, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

GRANT FINAL APPROVAL OF MINOR SUBDIVISION, BEING
REPLAT OF LOT 11, BLOCK 15, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from Esther Hadlich for final approval (fast track) of a minor sub-division being a Replat of Lot 11, Block 15, Town of Grand Forks, North Dakota (D.T.) (located in the west corner of the intersection of North 3rd Street and 2nd Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PRELIMINARY AND FINAL PLATS OF STRATA
SECOND ADDITION; AND INTRODUCE ORDINANCE TO
AMEND STREET AND HIGHWAY PLAN OF THE CITY TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF STRATA SECOND ADDITION
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