Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, November 3, 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, November 3, 1997 at the hour of 7:00 o'clock with Mayor Owens presiding. Present at roll call were Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; absent: Council Member Polovitz - 1; 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.

APPROVE MINUTES FOR VARIOUS MEETINGS

Typewritten copies of the minutes of the council meetings of the city council held on May 5, May 12, May 19, May 27, June 2, June 9, June 16 and June 23, 1997 were presented and read. It was moved by Council Member Hafner and seconded by Council Member Glassheim that these minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3684 RELATING TO
MEMBERSHIP OF THE REGIONAL AIRPORT AUTHORITY

An ordinance entitled "An ordinance amending Article 2, Chapter XX, of the Grand Forks City Code relating to the membership of the Regional Airport Authority", which had been introduced and passed on its first reading on October 20, 1997, 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 vote, the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

Mayor Owens introduced Ted Anderson, executive director of the International Airport, and that they discussed the appointment of a city council member and a county commission person and advantages of that. She reported that Mr. Anderson is from Garden City, KS and was director of aviation for approx. three years. Mr. Anderson reported that he and his wife are glad to be here and during course of next several weeks would like to have the opportunity to meet each of council members and talk about the airport and other things in common.

ADOPT ORDINANCE NO. 3685, RELATING TO USE OF
PUBLIC SEWERS

An ordinance entitled "An ordinance amending Section 15-0204(2) of the Grand Forks City Code relating to the use of public sewers", which had been introduced and passed on its first reading on October 20, 1997, was presented and read for consideration on second reading and final passage.

Council Member Hamerlik that this ordinance gives right and opportunity to go into homes, and asked if there was any penalty for the homeowner for not adhering to the ordinance.

Mr. Swanson, city attorney, reported that this deals only with storm sewers and would not have any application to an individual homeowner per say, that these are those properties, i.e., commercial, that have a direct discharge for storm waters to either the Red River or the English Coulee. He noted that they are aware of three locations at this point; that the subsection that is being added does not specifically have a penalty clause but the overall section being amended does
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have a penalty clause. He stated that the intent of this is to require backup protection and also for the City to go ahead and install if not installed, the decision by the engineer's office is that it's more important to protect the city from the back up than to penalize the owner. He reported that there are various regulations pending dealing with surface water drainage out of EPA, this does not have anything to do with that; this ordinance only deals with those properties that have a private and direct discharge to the River. He stated that we learned this spring of at least three, because they backed up and City had not been notified, our records don't indicate that a permit had ever been issued for that direct line and consequently there was River water backing up through the storm water system.

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

HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 729 SOUTH 9TH STREET

The deputy city auditor reported that the notice of public hearing on the application by David Skavlem to move garage from 27th Avenue North to 729 South 9th Street had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by David Skavlem to move garage from 27th Avenue North to 729 South 9th Street, and recommended to approve the application.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this recommendation be and is hereby approved, and further that Mr. Skavlem be and is hereby authorized to move the building. Carried 11 votes affirmative.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 1511 12TH AVENUE SOUTH

The deputy city auditor reported that the notice of public hearing on the application by Joseph A. Freeman to move garage from 610 1st Street NW, East Grand Forks, to 1511 12th Avenue South had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Joseph A. Freeman to move garage from 610 1st Street NW, East Grand Forks, to 1511 12th Avenue South, and recommended to approve the application.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this recommendation be and is hereby approved, and further that Mr. Freeman be and is hereby authorized to move the building. Carried 11 votes affirmative.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 710 SOUTH 9TH STREET

The deputy city auditor reported that the notice of public hearing on the application by Joseph A. McGurran to move building (storage shed) to 710 South 9th Street had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Joseph A. McGurran to move storage shed to 710 South 9th Street, and recommended to approve the application.

It was moved by Council Member Klave and seconded by Council Member Hagness that this recommendation be and is hereby approved, and further that Mr. McGurran be and is hereby authorized to move the building. Carried 11 votes affirmative.

REPORTS OF OFFICERS

The city auditor's report on the City's investments for period ending October 31, 1997, was presented and read. It was moved by Council Member Sande and seconded by Council Member Beyer that this report be received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-17, dated November 3, 1997 and totaling $2,382,105.27, all having been audited by the city auditor for payment, was presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Babinchak 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

MATTER OF VARMINTS BASEBALL TEAM LOAN

Committee No. 1, Finance, reported having considered the matter of Varmints Baseball Team loan, and recommended that if payment not received by December 31, 1997 that the City start proceedings to recoup money from the co-signers of the note.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ACCEPT PROPOSAL FOR PERFORMANCE OF 1997
AUDIT, WITH OPTION TO RENEW

Committee No. 1, Finance, reported having considered the matter of proposal from Brady Martz & Associates to conduct 1997 audit, and recommended that we accept proposal in the amount of $17,850 plus additional fee of $4,350 to $6,000, and enter into agreement for one year, with option to renew for second year.

It was moved by Council Member Bakken 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

DECLARE DELINQUENT TAX LOT AS SURPLUS
PROPERTY AND ESTABLISH ASKING PRICE, LOT
B, HARTY'S 2ND RESUBDIVISION

Committee No. 1, Finance, reported having considered the matter of establishing
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price for delinquent tax lot from County, Lot B, Harty's 2nd Resubdivision, located on Gateway Drive adjacent to McDonald's, and recommended to declare the lot as surplus property and to establish an asking price of $12,400.

It was moved by Council Member Bakken 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE RELATING TO ACCEPTANCE
AND EXPENDITURE OF GIFTS, GRANTS OR DONATIONS
BY MAYOR OR DEPARTMENT HEADS

Committee No. 1, Finance, reported having considered an ordinance allowing acceptance of gifts and grants, and recommended to approve the proposed ordinance and to introduce for first reading.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Klave introduced an ordinance entitled "An ordinance adopting provisions of the Grand Forks City Code relating to the acceptance and expendi-ture of gifts, grants, or donations by mayor or department heads", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENT

A request for budget amendment from the Youth Commission in the amount of $29,800 to reflect unanticipated revenues (contributions), was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that this amendment be approved. Carried 11 votes affirmative.

AUTHORIZE PAY FOR ELECTION WORKERS

Committee No. 1, Finance, reported having considered the matter of pay for election workers, and recommended to authorize election workers pay at minimum wage plus 25% (for special election on November 4, 1997).

It was moved by Council Member Bakken 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

RESCIND WAIVER OF PARKING ASSESSMENTS IN
CENTRAL BUSINESS DISTRICT EFFECTIVE JANUARY 1,
1998

Committee No. 1, Finance, reported having considered the matter of reinstating parking assessments in central business district, and recommended to rescind the waiver of parking assessments in the central business district effective January 1, 1998.

It was moved by Council Member Bakken 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

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ADOPT RESOLUTION CALLING FOR PUBLIC HEARING
ON PROPOSED ISSUANCE OF HOUSING FACILITIES
REVENUE BONDS

Committee No. 1, Finance, reported having considered the matter of housing revenue bonds for Grand Forks Homes, Inc. to finance construction of housing, and recommended adoption of a resolution calling for a public hearing on the proposed issuance of up to $10,500,000 Housing Facilities Revenue Bonds by the City of Grand Forks at the request of Grand Forks Homes, Inc., and to set the public hearing for November 17, 1997.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7385 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

AUTHORIZE YIELD SIGNS ON NORTH 25TH STREET
AT 9TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the matter of signage at 9th Avenue North and North 25th Street, and recommended to authorize installa-tion of yield signs on North 25th Street at 9th Avenue North.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for budget amendment in the amount of $2,000 for Local Health Services, adjustment for difference between grant budget fiscal year and city budget year, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE AGREEMENT FOR SKYWAY EASEMENT TO
SPAN UNIVERSITY AVENUE AND NORTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of skyway easement agreements for area located between portion of SE 1/4 SW 1/4, Section 5, T151N, R50W, Grand Forks Township, and University Place Addition and between Burlington Northern Industrial park Resubdivision and Fairlawn Addition, spanning University Avenue and North 42nd Street, for and in consideration of $1.00, grantor, City of Grand Forks, and grantee, University of North Dakota, and recommended that the proper City officials execute the easement agreement con-tingent upon city attorney's review and approval.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

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APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR LIFT STATION 38,
PROJECT NO. 4439

Committee No. 3, Public Service, reported having considered the matter of Project No. 4439, Lift Station 38, construction phase engineering agreement, Webster, Foster & Weston, and recommended to approve Amendment No. 2 to the agreement in the amount of $67,006.00.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4199

Committee No. 3, Public Service, reported having considered the matter of amend-ment to engineering agreement with Webster, Foster & Weston for Project No. 4199, Lift Station 22, and recommended to approve the amendment to the engineering Agreement in the amount of $6,000.00.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT 4624

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4624, forcemain valve replacement, Molstad Excavating, Inc., and recommended approval of the change order in the amount of $36,000.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE LANDFILL SITE STUDY AUTHORIZATION
NO. 2, BURNS & McDONNELL WASTE CONSULTANTS, INC.

Committee No. 3, Public Service, reported having considered the matter of landfill site study Authorization No. 2, Burns & McDonnell Waste Consultants, Inc., and recommended to approve Authorization No. 2 for professional engineering services with Burns & McDonnell Waste Consultants, Inc. in the amount of $414,178.00.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF BIDS FOR LANDFILL COMPACTOR
TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for landfill compactor, and recommended to accept the low
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bid of Butler Machinery in the amount of $347,615 less $25,000 trade-in, for a total of $322,615.00.

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

Council Members Hagness and Klave asked that this matter be sent back to their committee for further consideration.

EXTEND CONTRACT FOR RECYCLING PLAN TO
DECEMBER 31, 1998

Committee No. 3, Public Service, reported having considered the matter of recycling plan, and recommended to extend current contract for one year, until December 31, 1998.

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

It was noted that Mr. Gornowicz has sold his interest in this company, so that there is a new owner, and that the extension is of the current contract, which expires December 31, 1997, for one year with one year's option.

Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER NO. 3, PROJECT NO.
4440, SOUTHEND DRAINWAY, PHASE 1A

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 3, Project No. 4440, District No. 386, Southend Drainway, Phase 1A, from the River to Chestnut Street, and recommended to approve the change order in the amount of $118,365.00, with funding of $55,000 for the pumps and controls from CDBG funds and balance special assessed to the project.

The Flood Response Committee reported having considered the matter of purchase of pumps for Southend Drainway, and recommended to approve $55,000 for purchase of the pumps from CDBG funds.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that these recommendation be and are hereby approved. Upon roll call the fol-lowing voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR RENTAL REHAB
PROGRAM

Council Member Beach reported that the Urban Development Committee had not met because they did not have a quorum, that there was a handout on the council members' desks relative to this matter and that the matter should be considered.
John O'Leary, executive director of Urban Development, reported that several weeks ago the city council approved a number of applications for rental rehab projects, that they had a staff error where one of the projects was overlooked and should have been in the packet of applications submitted. He reported that this is a large project, Winter Gardens project at 901 University Avenue, where entire basement was filled with water with electrical, mechanical and elevator damaged by the flood, that applicant had requested $211,915 and this is a low interest deferred loan which would come out of the CDBG Program for Rental Rehab
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and is only fair to applicant that this project should be considered. He reported that these are normally reviewed by the Urban Development Committee and asked council to consider this project this evening.

It was moved by Council Member Beach and seconded by Council Member Glassheim to
approve the application by Winter Garden Association, 901 University Avenue, in the amount of $211,915.00, flood-related damage.

Council Member Beach also cautioned council that there are other people who didn't get their applications in on time and have asked that this program be reopened, may face that in the future. However, Council Member Carpenter stated he would make distinction as staff had received this within the deadline and was our error.

Mr. O'Leary reported that applicants would pay zero interest on the first five years as payments deferred for those years, and then begins to accumulate at that point at 4%. with revenues to be returned to City and utilize as CDBG funds that received that year through HUD.

Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE RESTORATION OF BUILDING PERMIT
FEES EFFECTIVE JANUARY 1, 1998

The Flood Response Committee reported having considered the matter of flood repair building permit costs, and recommended to restore building permit fees to 100% effective January 1, 1998.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PROCUREMENT OF FEMA MANUFACTURED
HOUSING PROGRAM

The Flood Response Committee reported having considered the matter of procurement of FEMA manufactured housing program, and recommended to authorize Housing Authority to accept contract from State and to sole source subcontract.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

TRANSFER REMAINING LOTS IN CONGRESSIONAL
FIRST AND SECOND SUBDIVISIONS TO GRAND FORKS
HOMES, INC.

The Flood Response Committee reported having considered the matter of transfer of remaining city-owned platted land in Congressional First and Second Subdivi-sions, and recommended to transfer those lots to Grand Forks, Homes, Inc.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

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APPROVE PROJECTS FOR CDBG FUNDING

The Flood Response Committee reported having considered the matter of approving current projects for CDBG funding, and recommended to approve projects as eligible CDBG funded expenditures: Proj. 4652.135 Dike Repair, $320,000; Proj. 4694, Hazard Mitigation, English Coulee, $310,000; Proj. 4695, Hazard Mitigation, Red River, $245,000; Projects 4697 and 4698, Hazard Mitigaton, Pump Stations, $735,000; Proj. 4696, Hazard Mitigation, various areas, $247,000; Proj. 4571, Sidewalk/Driveway Repair (repair flood fighting and debris removal), $50,000; Proj. 4702, Flood Pump Lease Buyout, $30,000; Proj. 4663, Primary/Secondary Flood Fight Study, $30,000; Proj. 4655.014 Damage Survey of Streets/Sidewalks, $250,000; Proj. 4654.15 Video Sewer Lines, $1,040,000; and Proj. 4654.7C Lift Station Rehab, $989,000.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

AWARD CONTRACT AND APPROVE CHANGE ORDER NO. 1
PROJECT NO. 4687, SEWER CLEANING AND TELEVISING

The Flood Response Committee reported having considered the matter of Change Order No. 1 and award of contract for Project No. 4687, Sewer Cleaning And Televising, and recommended to award the contract to Viking Pipe Service Co., Inc. in the amount of $1,829,604.39 and to approve Change Order No. 1 (change in completion date to March 30, 1998).

It was moved by Council Member Carpenter and seconded by Council Member Bakken
that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

TABLE MATTER OF RESCINDING SUSPENSION AND
REINSTATEMENT OF CERTIFICATE OF OCCUPANCY
REQUIREMENTS TO NOVEMBER 17, 1997

The Flood Response Committee reported having considered the matter of certificates of occupancy, and recommended to rescind the suspension and reinstate certificate of occupancy requirements as of November 1, 1997.

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

Council Member Beach asked council to defer vote on this until the next meeting so that he could discuss with staff prior to a vote on the matter.

Jerry Tschchner, executive officer for the Grand Forks Apartment Association, reported that the Apartment Association met last week and that they are not opposed to the certificates of occupancy but are asking for a reasonable amount of time, that he just completed survey (that of 3,000 apartments 300 still unlivable) so have lot of apartments still under repair so can get people out of FEMA trailers, etc. He stated that if they start pushing certificates of occupancy too fast can take time away from rehab and repair of existing units, and are asking that they work with each individual property manager or owner and do in reasonable time.

It was moved by Council Member Beach and seconded by Council Member Beyer to table for two weeks (November 17, 1997). Carried 11 votes affirmative.
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APPROVE WINTER SEASON STREETSCAPE IMPROVEMENTS
IN CENTRAL BUSINESS DISTRICT

The Flood Response Committee reported having considered the matter of winter season streetscape improvements in central business district, and recommended to authorize $100,000 out of committee and the additional $100,000 be a recommendation to the council to complete the project.

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

Council Member Hafner reported that Flood Response approved half of the request for improvements for streetscaping downtown and intended that this be open for full discussion at council for the balance of the $200,000 or less.

Les Pollock, Cameris, Ltd., HUD Consultant, reported that they came before Flood Response and presented program for the winter season of recovery downtown, and consisted of four parts. He reported this is a program generally directed towards calling attention to the downtown, and encouraging downtown to become everybody's neighborhood and to reflect the importance of the downtown and the rebirth of downtown over time. He stated that the four components were 1) improvements to landscape, 2) winter lighting program, 3) a program to enhance use of the vacant/empty storefronts by creating way to occupy and light store-fronts; and 4) a program to attract people downtown for winter events (ice skating, ice carving, etc.) He stated that it was thought that as they move through this season of recovery, that while downtown is beginning to re-emerge that it's important to call attention to the area and help to spark its revitali-zation even before final development plan is put in place. He reported that when they laid the program out before the Flood Response Committee they discussed how these funds might be expended, that major component of the $100,000 is for lighting and landscape program and some have gone into effect. He reported they have begun to place trees in locations, that they've already ordered lighting and begun to install on trees downtown and have had meetings with the members of the Park District re. getting temporary ice rink in place east of Riverboat Road. He stated that in addition there are activities that need to be taken, marketing efforts, coordination with projects and programs, such as First Night and other programs, need to fund storefront lighting program, which would be part of the second $100,000 as well as provision of certain street furniture.

After some discussion and upon call for the question and upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 10; voting "nay": Council Member Bakken - 1. Mayor Owens declared the motion carried.

DECLARE SEVERAL BUSES AS SURPLUS PROPERTY

The Bus Committee reported having considered the matter of declaring four older buses surplus property (2 1979 GMC coaches, 2 1966 GMC coaches), and recommended approval.

It was moved by Council Member Hagness 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

REPORT FROM EVENTS CENTER CORE COMMITTEE

Council Member Carpenter reported that the Core Committee met last week and have design team looking at changes to move it out of the flood plain (to 250-year
flood plain) and bring back more specific numbers and specifications in several
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weeks.

AUTHORIZE CONTRACTING WITH FIRST NATIONAL
BANK ND TRUST TO BE INVESTMENT MANAGER FOR
DEFINED CONTRIBUTION PLAN FOR TEMPORARY PERIOD

The Pension and Insurance Committee reported having considered the matter of change of investment manager for defined contribution plan, and recommended that council authorize the committee to contract with First National Bank ND Trust to be the investment manager for the defined contribution plan for a temporary period of up to one year and that request for proposals for a permanent investment manager will be generated in the near future, two to three months.

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

Council Member Carpenter asked that he be excused from voting on this matter. It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that Council Member Carpenter be excused from voting on this matter. Carried 10 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 10 votes affirmative; Council Member Carpenter excused from voting.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 308, construction estimates, dated October 31, 1997 in the amount of $1,148,510.71, and No. 309, flood estimates, dated October 31, 1997 in the amount of $1,041,145.79, totaling $2,189,656.50, were presented and read.

It was moved by Council Member Beyer 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.

Council Member Babinchak asked to be excused from voting on any payments to Duckstad Contracting; it was moved by Council Member Beyer and seconded by Council Member Klave that Council Member Babinchak be excused from voting on those estimates. Carried 10 votes affirmative.

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

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

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 recommending acceptance by the council: Project No. 3832, improvements pre-aeration cells; Project No. 4575, 1997 ADA Curb Ramp Con-struction; Project No. 4576.3, Watermain Replacement; Project No. 4578, Overlay/ Medvue 2nd/Kuster's Addition; Project No. 4593, Sidewalks, Sunland West 1st Addi-tion; Project No. 4612, Pedestrian Route, Garden View Estates; and Project No. 4617, Sidewalk, Landeco/Washington Estates.

It was moved by Council Member Babinchak and seconded by Council Member Hafner that these recommendations be and are hereby approved. Carried 11 votes affirmative.

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REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to the council for discussion and/or referral to committee:

1) Council Member Glassheim presented the matter of a light at 28th Avenue South and Columbia Road; the matter was referred to the public safety committee.
2) Council Member Glassheim presented the following matters to the council: matter of Victory Program update, matter of cost matrix allocations for central business district; and matter of Central Business District Rehab Grant program; the items were referred to the flood response committee.
3) Council Member Hamerlik presented the matter of voucher program; the matter was referred to the flood response committee.
4) Council Member Hamerlik presented the matter of snow removal; the matter was referred to the public service committee.

ACCEPT BIDS FOR FLOOD PROTECTION AT WATER
TREATMENT PLANT

Committee No. 3, Public Service Committee, reported having considered the bids for flood protection at water treatment plant, and recommended award to low bidders: Part I to Molstad Excavating, Inc. for $172,700 and Part II to Insitu-form Central, Inc. for $77,600, and further to approve ordering of materials.

It was moved by Council Member Hafner 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE MATTER OF PURCHASE OF BURNED OUT
PROPERTIES AND GRANT FLOOD RESPONSE COMMITTEE
POWER TO ACT ON DEMOLITION AND CLEANUP OF
BURNED OUT PROPERTY

The Flood Response Committee reported having considered the matter of purchase of burned out properties, and recommended to authorize purchase of the three lots for a total amount of $35,500, contingent upon cost of cleanup being responsi-bility of the City, that taxes and special assessments be pro-rated to April 17, and any prior taxes be paid by the prior property owners, and each of the pro-perty owners allow immediate access onto the property for cleanup and City to assume any expenses for acquisition of the property.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

The Flood Response Committee reported having considered the matter of burned out properties, and recommended that the council give Flood Response Committee power to act on the matter of demolition and cleanup of the burned out property.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to the council for discussion and/or referral to
committee:
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5) Council Member Hafner presented the matter of street parking on South 38th Street in vicinity of Menard's and National Muffler; the matter was referred to the public safety committee.
6) Council Member Beyer presented the matter of "snap it" program re. handicapped parking; the matter was referred to the public safety committee.