Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, January 5, 1998

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, January 5, 1998 at the hour of 7:30 p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; absent: none.

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

Typewritten copies of the minutes of the city council meetings held on Monday, August 18, 1997 and December 15, 1997, were presented and read. It was moved by Council Member Hafner and seconded by Council Member Sande that these minutes be approved as read. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3692, RE. WASTEWATER
USER CHARGES, RATES AND FEES

An ordinance entitled "An ordinance amending Section 15-0301 of the Grand Forks City Code relating to wastewater user charges, rates and fees", which had been introduced and passed on its first reading on December 1, 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3693, RELATING TO
PUBLIC HEALTH OFFICER

An ordinance entitled "An ordinance amending Chapter XVIII, Article 1 of the Grand Forks City Code relating to the public health officer", which had been introduced and passed on its first reading on December 15, 1997, was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reported that there were several grammatical corrections that need to be made and one substantial change in Section 13-0103, to recommend that the public health officer continue to serve their two-year appointment until a successor is appointed, and also subsequently in event of either death, resignation or incompacity, council would have ability to appoint a public health officer to continue the existing term, and would make those recommendations as amendments. He stated they were recommending that this language mirror the language of every other appointment which allows for the continuation.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that the ordinance be amended to recommend that the public health officer continue to serve his two-year appointment until a successor is appointed and in event of either death, resignation or incapacity, council would have ability to appoint a public health officer to continue the existing term. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Beyer, Babinchak, Bakken, Hafner, Hagness 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT RESOLUTION VACATING ALL OF SOUTH 23RD
STREET AND UTILITY EASEMENTS ADJACENT THERETO
ON PLAT OF COLUMBIA PARK 21ST ADDITION

The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of south 23rd Street and two 10-foot wide north/south utility easements lying adjacent to and on both sides of said South 23rd Street, all as shown on the plat of Columbia Park 21st Addition to the city of Grand Forks, North Dakota, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments, and Mayor Owens closed the public hearing.

It was moved by Council Member Beach and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Hagness introduced the following resolution, which was presented and read: Document No. 7401 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the resolution adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1904 4TH AVENUE NORTH

The deputy city auditor reported that the public hearing on the application by Lloyd Miller to move building from 424 3rd Avenue SE, East Grand Forks, MN to 1904 4th Avenue North to be used as
garage/storage building 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, and the hearing was closed.

Committee No. 3, Public Service, reported having considered the application for moving permit by Lloyd Miller to move building from 424 3rd Avenue SE, East Grand Forks to 1904 4th Avenue North, to be used as garage and storage building, and recommended to approve application of the moving permit subject to the public hearing.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that Mr. Miller be and is hereby authorized to move the building. Carried 14 votes affirmative.

HEAR APPEAL OF OFFER TO PURCHASE PROPERTY
AT 3107 EAST ELMWOOD DRIVE

James and Mary Lien appeared before council and reported that they lived at 3107 East Elmwood Drive and that their home was destroyed by the flood on April 19, 1997. Mrs. Lien reported that they registered for City's home buyout program, and that they have been told that this is their last chance to appeal to the City for the fair market value of their flood ravaged home. Mr. Lien reviewed home buyout process; that on September 10 they received offer from City to purchase their property, and prior to offer they hired Joan Johnson, a certified appraiser, to do a complete appraisal of their home, and that there was a vast difference between the City's offer and the appraisal report, that the City's offer was not based on an appraisal but rather upon the assessed tax valuation of the property as determined by the assessor's office. He reported that the appraisal price for their home was 26% higher than the City's offer, that after further process the City hired an independent appraiser from Fargo to do their property. He asked the appraiser whether she would have access to Joan Johnson's appraisal that they had submitted, that the appraiser stated she would not be reviewing their home appraisal, that they found out later that was not the case, that she reviewed the Joan Johnson appraisal prior to submitting her appraisal and their question is, how independent was City's appraisal. He reported they received copy of the Fargo appraisal and Wynne Consulting, and had revised their purchase offer on their property, and City was now offering them the value of the Fargo appraisal which was $31,700 more than City's original offer, and $10,000 less than Joan Johnson's appraisal. He reported that a copy of the Wynne Consulting letter stated that if that offer were unacceptable, they could reject the offer and appear before an appeals committee, which they did. He reported that the appeals committee offered to split the difference between the two appraisal reports, and rejected the offer which was $5,000 less than their appraisal. He reported that they were now appearing before the city council to appeal the price being offered by the City, that it is unfortunate to get fair market value for their home. He reported that they did have flood insurance. He stated that they felt sorry for those who accepted the City's first offer, if based on assessed tax valuation because most likely under compensated for their property. He stated they feel that the City of Grand Forks owes these people who lost their homes an independent appraisal by a certified Grand Forks appraiser to determine the fair market value of their homes. He also stated that they applaud mayor and city of Grand Forks for their flood recovery efforts, however, the home buyout program is severely flawed, that the problems start with the assessor's office, that if the assessor's office was doing their job, homes would have been assessed at close to fair market value, rather the City keeps raising the mill rate. He also reported that at their meeting prior to the appeals committee one of the committee members commented on how fortunate they were being taxed on a home that was valued by the City at $60,000 less than their appraised value and heard such comments from other city employees, and thinks that's out of line. He stated that the City continues to raise mill rate rather than keeping up with true home market values, and that property owners in Grand Forks are paying as much or more than homeowners in North Dakota and Minnesota. He stated that real problem for them is when they build a new home in Grand Forks, they will pay an inflated price for land and construction but will also be paying taxes on the inflated price of that home at an inflated mill rate; that the City is going to have to come to grips with this problem if they want to encourage people who lost their homes to rebuild in this community. He further commented on City's rejection of Joan Johnson's appraisal, and asked council what is so bad about a Joan Johnson appraisal, is the assessor's office more qualified to determine the pre-flood market value of their home, than a certified and reputable appraiser, is the city attorney more qualified or is appeals committee more qualified, or is Fargo appraiser who had access to their appraiser more qualified. He stated question to council, what is wrong with Joan Johnson appraisal. He reported that on December 18 they met with appeals committee, which was very cold, lack of compassion and humanism, and were put on defensive and trying to put something over on the city.

There was some discussion re. remodeling efforts to house for patio and windows, etc. He reported that at the appeals committee they weren't ready for expert witnesses why permits not purchased, flustered upon committee's questions, and contacted witnesses and were told permits not required for such things, and were disturbed by way meeting was handled and would hope that in future review meetings that families were treated with more respect and empathy for tragic events they were forced to endure and overcome; that buyout families interested in getting fair price for their homes and getting their lives back together.
Mrs. Lien stated that in closing they would like the council to consider the following: that the City purchase their home for the pre-flood market value as represented by Joan Johnson's appraisal, and furthermore, after their personal experience, would like council to consider the following: that the City provide appraisals by Grand Forks' certified appraisers to homeowners who have accepted the City's original offer of purchase, allow taxable property values to be in line with true market values and lower the mill rate, and follow Mayor Owens' public image that is an example of compassion and humanism intertwined in all aspects of city government. She stated that human fairness must be used in the city's home buyout program, that some maybe feel that property owners getting more than they should, that nothing could be farther from the truth and maybe one has to have suffered loss, as they have, to fully understand, that their lives will never be the same with almost total personal property loss, sky-rocketing lot and home construction costs and replacement costs far exceeding the pre-flood fair market cost, that flood recovery has come a long way in this city but still has miles to go and people who lost their homes must be taken care of first and fairly. She thanked council for their time and consideration.

Council Member Klave reported that he probably told them not to get an appraisal, that he has talked with many people who were satisfied with their buyouts, that reason he stated not to get an appraisal was because city is required by State law to be within 5% of full and true market value on the taxes, that there are houses below that, but on overall basis the City of Grand Forks is within that because required to be, and that he has brought that to council many times, and that this was low.

Council Member Beach stated that there was nothing wrong with the Joan Johnson appraisal, that the City has her under contract now to appraise several downtown properties, but that any assessment or appraisal is an estimate, only true gauge of value is when a willing buyer and willing seller come together and transact a transaction of some kind under normal circumstances; that it is an educated estimate. Mr. Lien stated that he thought she was more qualified to make that estimate than any of us. Council Member Beach also stated that the City assessing department is monitored by the State and are very close on their assessments.

Council Member Hagness stated that the City is trying to be more than fair but that there are more people than homeowners selling their property that are paying property taxes in the city and if give more money out than rightfully deserved, and reason using Fargo firm is that they are trying to find independent appraiser and to use the same appraiser throughout so consistent, and felt that the City's offer was fair.

Mr. Lien stated that they had a fair appraisal, and thinks appraisal should be looked at and didn't need another appraisal; that he felt sorry for those who didn't receive an appraisal and took City's offer.

Council Member Babinchak who was a member of the appeals committee stated that the Lien's had an appraisal as well as the City having an appraisal, appraisals are subjective and probably not going to be the same and that's why committee felt split difference and felt that was fair for everyone involved. She also stated that she was sorry they felt the meeting was cold, and didn't think it was and that they feel property owners have been through a lot. Mr. Lien stated that member of the Urban Development Office disagreed that it was a cold atmosphere; and stated that the City's appraiser had view of their appraisal and that she was working for the City and questioned whether that was fair.

Mr. Swanson reported that the City provides the appraiser with all appraisals and they review comparables that are being used and without that ability would have no basis to determine whether the comparables are being used and previous data, and also review assessor's records. The Liens questioned whether that would be in her best interest to show something lower since she was being paid to assess their property. Mr. Swanson stated she would have no reason to gain whether high or low, that they are under contract to do all the appraisals. He stated that if they saw closing data they see, the appraisals by Rose Hoefs are close to or even above private appraisals, and if they suggest that Ms. Hoefs appraisals are consistently below are inaccurate; that she needs to know what information relied upon and if feels inappropriate comparable, valuation would come out; and to suggest that the appraiser should look at other information is an inaccurate statement of what an appraiser does and to suggest that simply because she's not a Grand Forks appraiser that she's not qualified is also inaccurate, that she is a qualified and licensed appraiser under ND law.
Mr. Lien stated that he feels that their case is being used as a precedent for future buyouts and would request that their buyout be considered on its own merits only.

Council Member Bakken reported that the appeals committee looked at starting offer (taxable value plus 5%) and looked at City's appraisal and second offer of $190,000, then looked at the Lien appraisal of $200,000, reviewed comparables and came to the conclusion that $195,000 was fair offer for the property.

Mel Carsen, city assessor, reported that whenever some one does an appraisal they take comparable properties and make adjustments for those differences between that property and subject property, and key element is to keep those adjustments to a minimum, the smaller the total adjustment would be the better that comparable is, and in one of the comparable houses for the Lien's property, the total adjustment was $102,000 and adjusted one-third to get to about $200,000 and is not a good comparable in his opinion, and Ms. Hoefs selected five comparables that largest adjustment was approx. $15-16,000, showing more comparable to the subject.

Council Member Polovitz asked why property assessed as low as it was on the tax rolls; Mr. Carsen stated that apparently there has been some remodeling to the property since assessing last looked at property in 1992 (new kitchen cabinets) and did inspect new patio, City unaware of all improvements. Bev Collings, Code Enf. Officer, reported that building permit would be required for kitchen remodeling because permanent to structure, but concrete patio wouldn't be but decking would be. Council Member Beyer stated that if unaware of building permit, wouldn't have information; and that information at appeals committee as fair as can be.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that we offer Mr. and Mrs. Lien $195,000 for their property at 3107 East Elmwood Drive. Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE REPORTS

The deputy city auditor presented the auditor's investment report for the period ending December 31, 1997. It was moved by Council Member Beyer and seconded by Council Member Bouley that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-21, dated January 5, 1998 and totaling $3,579,540.03, 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 Klave 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF 1996
TAXES FOR PROPERTY AT 1331 COTTONWOOD STREET

Committee No. 1, Finance, reported having considered the matter of application for abatement and settlement of 1996 taxes on property at 1331 Cottonwood Street Lot 24, Block 3, Lincoln Park
View 2nd Addition), and recommended approval of the abatement of taxes.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be and are hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE SOLE SOURCE AND APPROVE PURCHASE OF
SOUND AND MEDIA SYSTEM FOR BASEMENT MEETING
ROOMS

Committee No. 1, Finance, reported having considered the matter of City Hall basement meeting rooms sound and media system bid, and recommended to sole source the equipment for sound system with Tricorne Audio, Inc. in the amount of $23,800.00 because of compatibility and maintenance of the equipment.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE FLOOD INSURANCE PREMIUMS

Committee No. 1, Finance, reported having considered the matter of flood insurance premiums, and recommended approval of the additional premium for City Hall in the amount of $2,383.00.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of flood insurance premiums (parking ramp - elevator and parking office), and recommended to approve additional premium for contents to the parking ramp in the amount of $94.00.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE BUDGET AMENDMENT

Committee No. 1, Finance, reported having considered the matter of flood insurance premiums, and recommended to approve budget amendment in the amount of $2,383.00 from City Hall cash carryover.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE LEASE RENEWAL WITH WILLIAM J. WRENN
FOR LOTS A AND B, BLOCK 1, UNIVERSITY PARK ADDN.

Committee No. 1, Finance, reported having considered the matter of lease renewals for the following properties: William J. Wrenn, 2329 University Avenue, for leasing of Lots A and B, Block 1, University Park Addition, and recommended that we authorize proper City officials to enter into a lease under same terms as previous lease.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE LEASE RENEWAL WITH FRANK F. AND JUDY A.
BURES FOR LOT 4, BLOCK 1, McINTYRE SUBDIVISION

Committee No. 1, Finance, reported having considered the matter of lease renewal with Frank F. and Judy A. Bures, 1005 Reeves Drive, for leasing of Lot 4, Block 1, McIntyre Subdivision, and recommended to authorize proper City officials to enter into a lease under same terms as previous lease.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE LEASE RENEWAL WITH MILLER'S TRUE VALUE
HARDWARE FOR LEASING OF BLOCK 1, PART OF LOT 5,
COX'S ADDITION

Committee No. 1, Finance, reported having considered the matter of lease renewal with John Miller, Miller's True Value Hardware, 1803 South Washington Street, for leasing of Block 1, east 33 ft. of south 33 ft. of Lot 5, Cox's Addition (property on which Lift Station No. 14 is located), and recommended to authorize proper City officials to enter into a lease under same terms as previous lease.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE APPLICATIONS WITH STATE HISTORICAL
SOCIETY OF NORTH DAKOTA FOR FLOOD-RELATED
ACTIVITIES

Committee No. 1, Finance, reported having considered the matter of agreements with State
Historical Society of North Dakota for the coordination of flood-related activities, and recommended to approve the agreement with State Historical Society for flood-related activities.

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

Mr. Swanson reported that the primary purpose of the agreement is pass-through of federal dollars and for the most part the documents deal with the termination of historical preservation act as it relates to flood-damaged structures; is a funding document for the coordination of historical efforts and sets up ability for them to make reports and recommendations on individual structures.
Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of agreements with State Historical Society of North Dakota for the coordination of flood-related activities, and recommended to approve the agreement with the State Historical Society for hosting and presenting the 1997 Annual Certified Local Government Workshop.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT APPLICATION FROM THE BLACKSMITH SHOP
DBA PONDEROSA FOR CLASS 3 (OFF AND/OR ON
SALE BEER AND WINE) LICENSE

Committee no. 2, Public Safety, reported having considered the application from The Blacksmith Shop of Grand Forks, Inc. dba Ponderosa, 2717 South Columbia Road, for Class 3 (Off and/or On Sale Beer and Wine) license, and recommended approval of the application for a Class 3 license.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE BIDS FOR POLICE VEHICLES

Committee No. 2, Public Safety, reported having considered the matter of bids for police vehicles, and recommended to accept bids of five vehicles from Hansen Ford in the amount of 467,174.50 and to accept the bid of Rydell Chevrolet in the amount of $59,119.00 for three Blazers.

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

After some discussion re. bids and upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer,
Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

RECEIVE AND FILE RFQ FOR ENGINEERING SERVICES

Committee No. 3, Public Service, reported having considered the matter of response to 1998 request for qualifications for engineering services (Advanced Engineering, CPS, Ltd., KBM, Inc., Webster, Foster & Weston, Inc.) and recommended to receive and file.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE 1998 CONSULTANT SELECTION FOR REQUEST
FOR PROPOSALS FOR ENGINEERING SERVICES

Committee No. 3, Public Service, reported having considered the matter of 1998 consultant selection for request for proposals for engineering services, and recommended to approve consultant selection:
1) Project Nos. 4705, 4706 and 4707, sanitary sewer, water and storm sewer to serve the Middle School - CPS, Ltd.
2) Project 4746, pave South Columbia road from 36th Avenue South to Ulland park - KBM, Inc.
3) Project 4684, pump station #33 (south of Wal-Mart) - Webster, Foster & Weston.
4) Project 4713 and 4714, storm sewer and paving North 55th Street from DeMers to Gateway - CPS, Ltd.
5) Project 4711, city perimeter drainage study - Short Elliott Hendrickson/KBM.
6) Project 4717, storm sewer analysis of area bounded by Gateway, Washington, University and Columbia - Advanced Engineering.
7) Proj. 4748, engineering assistance for the Downtown Development Commission (DDC) - Advanced Engineering.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR PROJECT NO. 4749,
ASSISTANCE FOR UTILITY RELOCATION ALONG
PROPOSED DIKE ALIGNMENT

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for various projects, Webster, Foster & Weston, Project No. 4749, engineering assistance for utility relocation along proposed dike alignment, and recommended to approve agreement with Webster, Foster & Weston in an amount not to exceed $20,000.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES FOR
PROJECT 4705, 4706 AND 4707, UTILITIES TO SERVE
THE MIDDLE SCHOOL

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services, CPS, Ltd. for Projects 4705, 4706 and 4707, sanitary sewer, water and storm sewer to serve the Middle School, and recommended to approve agreement with CPS, Ltd. in an amount not to exceed $14,200.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES FOR
ASSISTANCE FOR THE DOWNTOWN DEVELOPMENT COMMISSION

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services: Advanced Engineering, Project 4748, engineering assistance for the Downtown Development Commission, and recommended to approve agreement with Advanced Engineering, not to exceed $30,000.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES FOR
PROJECT 4746, PAVING SOUTH COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for various projects: KBM, Inc., Project No. 4746, paving South Columbia Road, and recommended that we approve contract with KBM, Inc. in an amount not to exceed $18,960.50.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE RFP FOR PROPOSALS FOR ENGINEERING
SERVICES TO OVERLAY DOWNTOWN STREETS AND
RECONSTRUCT/REHABILITATE BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of author-ization to request proposals for engineering services to overlay downtown streets and reconstruct/rehabilitate Belmont Road, and recommended to approve RFP for the project.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT 4349,
RED RIVER PEDESTRIAN BIKEWAY

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2 for Project No. 4349, Red River Pedestrian Bikeway, and recommended to approve the change order in the amount of $2,145.14.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE 1998 UND BUS SERVICE AGREEMENT

The Bus Committee reported having considered the matter of 1998 bus service agreement with UND Student Government, and recommended approval of the 1998 UND bus service agreement.

It was moved by Council Member Sande and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF POLICY RE. USE OF SURVEILLANCE
EQUIPMENT ON CITY BUSES BACK TO COMMITTEE

The Bus Committee reported having considered the matter of approval of policy regarding use of surveillance equipment on city bus vehicles, and recommended approval of policy contingent on review and approval by city attorney.

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

Council Member Sande reported that this is primarily for tripper buses and buses which have a significant number of student riders, it's video tape surveillance, and the School System has written the policies for this so that the bus driver doesn't have to turn around and identify the individual but video tape evidence will be available if there is an incident, that the tape accessible only to those people who are authorized by the School Dist. and Dir. of Transp. and is to protect the student and drivers.

There was some discussion re. payment of the equipment, and it was moved by Council Member Beyer and seconded by Council Member Glassheim to refer this matter back to committee. Carried 14 votes affirmative.

APPROVE CONTINUATION OF FLOOD RESPONSE
COMMITTEE AND REDUCE LIMIT OF EXPENDITURES
BY COMMITTEE AND TRI-CHAIRS

The Flood Response Committee reported having considered the matter of continuation of flood response committee, and recommended to amend motion to continue flood response committee for six months and to require that agendas be made public one day in advance of the meeting and be distributed to council members and press during that time.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirmative.

The Flood Response Committee reported having considered the matter of purchasing authority level of Flood Response Committee, and recommended to reduce pur-chasing/spending of the committee to $100,000 and of the Tri-chairs to $25,000.

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

Council Member Glassheim stated he wished to explain his "no" vote on this matter in committee is that because wanting to applaud the mayor for listening to the public and public comments and for listening to council members who aren't on the committee, but his no vote is to say that what they need now is organization, foresight and predictability because of change in recommendation from week before.

Upon call for the question and upon voice vote, the motion carried; Glassheim voted against the motion.

APPROVE STAFFING NEEDS

The Flood Response Committee reported having considered the matter of Office of Urban Development staffing needs, Project Delivery Assistant I for rental rehab. program, warehouse manager, and recommended to approve the staffing needs.

It was moved by Council Members Polovitz and Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirmative.

The Flood Response Committee reported having considered the matter of staffing requests: 1) Planning Coordinator position for Tri-chairs under Recovery Organization to increase grade level from Grade 14 to Grade 16; and 2) Office Clerk for Emergency Management to Office Specialist at Grade 12 rather than Grade 10, and recommended to approve the requests for staffing needs.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE 1998-2003 BIKEWAY IMPROVEMENTS

The Capital Improvements Committee reported having considered the matter of 1998-2003 Bikeway Improvements, and recommended approval of 1998-2003 Bikeway Improvements.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE 1998-2003 STREET AND HIGHWAY
IMPROVEMENTS

The Capital Improvements Committee reported having considered the matter of the 1998-2003 Street and Highway Improvements, and recommended approval of the 1998-2003 Street and Highway Improvements.

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

Council Member Carpenter questioned if the demonstration project doesn't occur, and they overlay the streets, when would downtown reconstruction going to come back, and concerns him that they are relying on demonstration project for the downtown streets and substituting other things in the plan, and whether discussed in the CIP

Charles Durrenberger, Senior Planner, reported that project could come back next year, the funding sources for downtown projects are allocated on annual basis by ND Department of Transportation and strategy was that leaving them on could jeopardize consideration of the demonstration project, and that this will come under consideration when Congress considers a full transportation bill in the spring. He reported that the overlay will be reconsidered this summer and if demonstration project goes through the City will not overlay those streets unless projects will not happen for closer to five-year limitation on overlay project. He reported it's a very confusing situation and was debated at CIP and was considered before DDC and concern expressed but downtown reconstruction projects can be reinstated as early as next year.