Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS NORTH DAKOTA
Monday, November 2, 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, November 2, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 1.

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 issue.

FLOOD REPORT BY CITY ENGINEER

Ken Vein, city engineer, stated that copies of the update report were on the council members desks and gave a brief summary of the report. He stated that under Item 1, Technical Work, the final draft of the General Reevaluation Report and the EIS was received today and will be available for a thirty-day comment period and is final part of giving our authorization complete, authorization by Congress was contingent on this being completed and we are on time line to have that completed. He stated that the instrumentation in Riverside Park area will go in on November 9; and that under the City consultant's update, we are looking at additional instrumentation on Reeves Drive and Northridge Hills. He noted that under design and construction management of the water intake project has been approved by the public service committee and will be here for action tonight.

He stated that under Item 2, Authorization, that the project has been authorized, that President signed the bill on October 21, 1998; and under Item 3, financing under Federal Appropriation Process, the delegation will be working on is giving our project as a new start in FY 2000 budget the President will be preparing after the first of the year. He stated that State appropriations still continue, and are looking at informational binders and expect them to be mailed or handed to legislators early in December, and under local funding the Mayor and Council President Carpenter had a press conference last week and have outlined their recommendations and that proposal is expected to go to finance committee on November 10. He stated there is a brief discussion of the status of Phase IV Acquisition Process, where 99 offers made, 34 have closed. He stated that under Item 5, Greenways, Charles Flink was here last week and had a number of excellent meetings with staff and various organizations within the community (listed in the report) and Mr. Flink will return the second week in December to give a presentation to the city council and an informational presentation to the communities. He stated that there is a presentation on November 5 in the civic auditorium with Dave Loss, Corps of Engineers, who will give information re. upstream water management and that there will be an hydrologist there to answer questions that we may have.

APPROVE MINUTES AUGUST 3, 1998

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, August 3, 1998 were presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that these minutes be approved as read. Carried 13 votes affirmative.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 306 COTTONWOOD STREET

The city auditor reported that the notice of public hearing on the application by Tim Lamb to move a garage from 1428 Chestnut Street to 306 Cottonwood 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.

It was moved by Council Member Klave and seconded by Council Member Babinchak to declare an insufficiency of protest. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application for moving permit to move garage from 1428 Chestnut to 306 Cottonwood Street by Tim Lamb, and recommended to approve, with requirements to replace the overhead door and repair the slab at the site where the old garage had been demolished).

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved and that Mr. Lamb be authorized to move the building. Carried 13 votes affirmative.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
TO MOVE BUILDING TO 1921 4TH AVENUE NORTH

The city auditor reported that the notice of public hearing on the application by George Otmar to move storage building from 1512 Chestnut Street to 1921 4th Avenue North 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.

It was moved by Council Member Klave and seconded by Council Member Babinchak to declare an insufficiency of protest. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application for moving permit to move storage building from 1512 Chestnut Street to 1921 4th Avenue North, and recommended to approve (with requirement to paint the building).

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved and that Mr. Otmar be authorized to move the building. Carried 13 votes affirmative.

HOLD PUBLIC HEARING AND APPROVE TAX INCREMENT
EXEMPTION ON FORMER FIRST NATIONAL BANK BUILDING

The city auditor presented the matter of the request for property tax increment exemption on the former First National Bank building owned by Ogier Properties, LLC and that a public hearing was to be held this evening and that he had no protests or grievances filed with his office.
Mayor Owens called for the public hearing on the proposed property tax exemption for Ogier Properties, LLC.

Gene Schneeweis, 1004 University Avenue, stated that when the City proposed the corporate center project to the citizens it was described as revitalization downtown, that the City was going to build this with the main tenant as First National Bank and was going to give the First National Bank some incentives in the future, that First National Bank said they were happy with their present location but City made an offer they couldn't refuse and decided to go into the corporate center. He stated that the big question is, why didn't the Bank rebuild as this private developer is doing now; that the Bank received $17 million from the loss due to the flood and fire and choose to put this in their loan pool and make money off it. He stated that the First National Bank gave building to the City, and when citizens uproar became too strong, the Bank took their gift and saved taxpayers a large sum. He stated that the relationship with the First National Bank and Council Member Carpenter is a conflict of interest, that he is concerned re. conflict and not the private developer, and it seems unusual to continue bringing this up when citizens opposed this conflict of interest, it hurts City's ability to build a strong tax base and leans to the lack of confidence in our elected leaders, and asked where is the tax break for the homeowners, and giving tax breaks such as this one and asking homeowners to carry the burden is blunder, and asked that they vote with this in mind and consider it a conflict and that's not what intended to be used for and was not how presented to the taxpayers when the First National Bank took the building back.

Constance Triplett, attorney representing James Hawley, president of Ogier Properties LLC, and is here to request that the council would consider expanding the tax exemption which has been recommended by the finance committee. She stated that Mr. Hawley in his application requested a 10-year property tax exemption for this property and Mr. Carsen, city assessor, has analyzed the numbers presented by Mr. Hawley and reported at the finance committee that if the city council wanted to pay back Mr. Hawley for the difference between what he's putting into the building and the indicated value of the building after the construction is completed, that would take the full 10-year exemption to accomplish that. She stated that at the finance committee meeting there was considerable discussion and controversy between members of the committee and offered several motions before coming to an agreement, and at this point would request that the council consider granting a 6-year exemption at 100% with a declining balance for the following four years. She stated that it's important to remember what the First National Bank building looked like before the renovation started and that if a private developer hadn't come forward there was a very real possibility that this historic landmark could have been demolished because it was a liability to the city standing in the position that it was. She stated that Mr. Hawley is the first major investor to come forward to do a project of this sort in downtown Grand Forks and in that position ought to be given some credit and a tax exemption of this sort is one way to do that; that he was willing to take a significant risk when he started the project even though he had the building analyzed for structural integrity, there are no guarantees when starting a project like this, that won't find surprises as get into it, and if community wants to encourage development, esp. of damaged buildings, that tax exemptions are one way of doing it. She stated that as of this date Mr. Hawley has not accepted any other city subsidies, that there was a $250,000 rehab grant that was earmarked for this building and set aside for it, but he decided that he was not able to accept that rehab grant because of the historical renovation requirements that went along with it, that historic renovation would have required that the two back walls be left pretty much as they were and Mr. Hawley's interest was to do something better to make more attractive and to approve the appearance of downtown and at the same time is preserving the historical look of the front two faces of the building. She stated that she thinks it is fair under these circumstances to grant more extension than the finance committee is prepared to recommend.
Council Member Lunak questioned where the $250,000 set aside for rehab money for this property, which Mr. Hawley did not wish to use, were allocated to. Council Member Babinchak stated that money was appropriated to the skywalk between the ramp and the corporate center building several months ago. Council Member Lunak stated his opposition to the tax increment exemption.

Council Member Martinson stated he was disturbed that the City was always helping big business and small business people taking the hit, and why not a 5-year waiver of tax increments for smaller businesses.

Council Member Lucke stated that anytime a special interest party gets a tax abatement, the average taxpayer in this town is the one that pays for it, and that it sets a terrible precedence that a fire leads to the creation of a tax increment district; that have somebody who was well compensated with fire insurance proceeds and now being asked to create a district to take care of the restoration of that building. He said that if restored to a much higher value could agree to an abatement for some of that, but when this person entered into an RFP with the Bank there were certain obligations on the part of both parties, and would think buyer of the building would restore building, and why make incentives to somebody that already has an obligation to restore the building, and is not in favor of being this liberal with tax increment law.

Mr. Schneeweis stated he called the Historical Society in Bismarck and discussed the value of the buildings that were torn down for the Corporate Center, that they wanted to save the two buildings on the corner, that their architects could have designed the Corporate Center around those two buildings and asked why that wasn't done and why giving tax exempt to somebody that doesn't need it. He stated that there are a lot of buildings downtown that should have been saved and were not, and this building was so ravished and this decision was made to buy those buildings and build the Corporate Center in 1997, and everyone knew ahead of schedule what they were going to do with this building long before now, and Historic Society said those buildings should have been saved and why taking so many building down and not saving bricks and blocks and dismantling them and saving some heritage.

Mayor Owens closed the public hearing.

Committee No. 1, Finance, reported having considered the matter of proposed tax increment exemption on former First National Bank building owned by Ogier Properties LLC (James Hawley), and recommended to grant a five-year exemption, the first three years at 100%, and then at 80% and 60% for years 4 and 5.

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

Council Member Carpenter stated that First National Bank does not own this building any longer, that there seems to be a lot of concern that big business which creates a lot of jobs and has a lot of jobs in the community is benefiting from it, and it's not; that First National sold the building to Mr. Hawley; that the Bank offered to give this building to the City which we would have benefited by selling it, but declined that option. He stated that this is unrelated to the Corporate Center or any other buildings, this is an application by an owner of the building to remodel and restore an historic property downtown that was severely damaged through a fire and a flood, and thinks that we should be assisting this; that this is a building that we want to see restored downtown, that we want to see utilized by the community, it's a cornerstone of that area that we're trying to redevelop, and that there will be other ones that will be requesting this, the ones doing it first are putting the private dollars into it upfront ought to be the ones that we want to encourage and reward for doing it, and should encourage this development. He moved an amendment to the motion to years 4, 5 and 6 being 100% and years 7 through 10 being 80, 60, 40, 20%. Council Member Beyer seconded the motion.

Council Member Glassheim stated his support of the motion from the finance committee, and that if the mill should go up in the next several years or if the valuation of the building should go up in next several years, the amount from the tax increment will also go up and the amount available to the person so that they will come closer to what they want in future value of the money than just calculating the face amount.

Council Member Carpenter stated that one of the reasons to provide additional assistance is because of analysis prepared by Mel Carsen, City Assessor, is that the estimated project cost for redoing this building is $3,658,000 and indicated market value assuming this building is remodeled is $3,155,400, leaving approx. $500,000 more into the building after this is done, even at 100% tax exemption for 10 years does not equate to that $500,000 difference, and more benefit to help encourage the full investment is appropriate and should be done, and is bringing outside dollars into the community.

Council Member Lucke reported that there is a contract for $3.6 million that's been entered into, that there's already an RFP, the person stated he was going to restore the building and has entered into a contract, and now we are granting x number of dollars. He asked Mr. O'Leary to clarify the $250,000 because he remembers back when that was discussed and was set aside and thought that it was at this developer's direction that we spent the $250,000 on an alternative walk-way, and did we not already benefit this developer, or did Urban Development think this would be a better plan for all of Grand Forks.

Mr. O'Leary reported that the actual recommendation came out of DDC how best to hookup the existing businesses with the old parking ramp; that because of elevations and elevators, etc. it wasn't possible to exit through the Corporate Center and hookup the Corporate Center with the old parking ramp; the new owner of the First National Bank building encouraged us to do this because that provides him with access from the Corporate Center into the old parking ramp, right now he's redoing the crosswalk over 4th Street and that would be without the hookup to the parking ramp a bridge to nowhere and we tried to do that too because it gave an interplay between the old First National Bank building, the Corporate Center the new parking ramp and other buildings in the future. Council Member Lucke asked if we have any signed lease for the 30,000 sq.ft. in building B. Mr. O'Leary reported that have leases for approx. 10,000 sq.ft. He stated that with the tax increment financing, the council has two choices, either do a bond or a tax exemption on the increment (difference between present value and future value after rehab is done), that the council has used this tool in the past in central business district projects for tax exemptions, and has been an effective development tool.

Upon call for the question on the amendment and upon roll call vote the following voted "aye": Council Members Beyer, Bouley, Carpenter - 3; voting "nay": Council Members Lunak, Klave, Babinchak, Bakken, Hafner, Martinson, Brooks, Lucke, Hamerlik, Glassheim - 10. Mayor Owens declared the amendment defeated.

Council Member Lucke moved a motion as he felt someone else's funds should restore this building for the first $2.5 million that it was at as far as an assessed value before the fire, that some form of tax abatement should be granted for an increment above that figure and that if they accept the $3.6 million contract as being the fair value that they're going to put into this project, a short term tax abatement would be the $1.1 million or about 30%, and moved that we allow a tax abatement of 30% for 10 years for this project. Council Member Lunak seconded the motion.

Upon call for the question and upon roll call the following voted "aye": Council Members Lucke, Lunak - 2; voting "nay": Council Members Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Hamerlik, Bouley, Glassheim, Carpenter - 11. Mayor Owens declared the amendment defeated.

Gene Schneeweis, 1004 University Avenue, asked why the Bank didn't rebuild; Mayor Owens stated that the question is irrelevant.

Upon call for the question on the original motion and upon roll call vote the following voted "aye": Council Members Beyer, Babinchak, Bakken, Hafner, Brooks, Hamerlik, Bouley, Glassheim, Carpenter, Klave - 10; voting "nay": Council Members Martinson, Lucke, Lunak - 3. Mayor Owens declared the motion carried.

ADOPT RESOLUTION VACATING PORTION OF UTILITY
EASEMENT ADJACENT TO LOTS 3, 4 AND 5, BLOCK 1,
KORYNTA-LEMM 3RD RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility easement adjacent to Lots 3, 4 and 5, Block 1, Kortynta-Lemm 3rd Resubdivision, 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 his office.

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

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 4647 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Bouley that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE CHANGE IN ELECTION OFFICIALS

The city auditor reported there is a change in election officials for Ward 6, Precinct 4, that Vera Young, 2267 Springbrook Court, would act as a replacement election inspector for the general election to be held Tuesday, November 3, 1998. It was moved by Council Members Babinchak and Bouley that the change in election officials be approved. Carried 13 votes affirmative.
REPORTS OF OFFICERS

The city auditor presented the auditor's cash balance report as of September 30, 1998. It was moved by Council Member Beyer and seconded by Council Member Hamerlik to receive and file the report. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-19, dated November 2, 1998, totaling $2,702,307.13, all having been audited by the city auditor for payment, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Hafner that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL AND SET DATE
FOR PUBLIC HEARING ON REQUEST FROM GRAND
FORKS REGION ECONOMIC DEVELOPMENT CORP.
FOR ISSUANCE OF MIDA BONDS FOR LM GLASFIBRE
BUILDING

Committee No. 1, Finance, reported having considered the matter of request for issuance of MIDA bonds for Grand Forks Region Economic Development Corp., LM Glasfibre building and call for a public hearing, and recommended to give preliminary approval of the issuance of MIDA bonds and call for hearing on December 7, 1998 and guarantee the lease payments related to this project.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION CALLING FOR SALE OF $5.185M
REFUNDING IMPROVEMENT BONDS, SERIES 1998A

Committee No. 1, Finance, reported having considered the matter of Refunding Improvement Bonds, Series 1998A, and calling for public sale, and recommended to adopt the resolution calling for the sale of $5.185 million of Refunding Improvement Bonds, Series 1998A with a bid day of December 7, with bid opening at 11:00 a.m.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Brooks introduced the following resolution and moved its adoption, which motion was seconded by Council Member Carpenter: Document No. 7648 - Resolution. (Resolution relating to $5,185,000 Refunding Improvement Bonds, Series 1998A, calling for the public sale thereof)

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

APPROVE APPLICATION FOR ABATEMENT OF 1997
TAXES ON PROPERTY AT 201 PARK AVENUE

Committee No. 1, Finance, reported having considered the application for abatement of 1997 taxes by Michael J. McEnroe, Lot 9, Block 17, Riverside Addition (201 Park Avenue), and recommended to approve a $24,000 adjustment for Michael McEnroe.

It was moved by Council Member Brooks and seconded by Council Member Carpenter 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. Carried 13 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF 1997
TAXES ON PROPERTY AT 2413 GLEN CIRCLE

Committee No. 1, Finance, reported having considered the application for abatement of 1997 taxes by Eric A. and Marnie J. Carlson, Lot T (of Replat), Block 1, Haake's 5th Addition (2413 Glen Circle), and recommended to approve a $16,300 reduction.

It was moved by Council Member Brooks and seconded by Council Member Carpenter 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. Carried 13 votes affirmative.

APPROVE 3-YEAR TAX EXEMPTION FOR IMPROVEMENTS
AT 4720 GATEWAY DRIVE

Committee No. 1, Finance, reported having considered the application for 3-year tax exemption for improvements by 2-29 Management Company, L.L.C., 4720 Gateway Drive, and recommended to approve.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE TWO-YEAR OPTION OF RENTAL AGREEMENT
WITH METROPOLITAN PLANNING ORGANIZATION

Committee No. 1, Finance, reported having considered the matter of exercising two-year option of rental agreement, MPO and City Planning Department, and recommended to approve.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AUTHORIZE COMPUTER EQUIPMENT AS SURPLUS
PROPERTY AND OFFER FOR SALE

Committee No. 1, Finance, reported having considered the matter of excess computer equipment (surplus property), and recommended to approve to declare these items excess property and put them up for sale.

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for budget amendment in the IS Department in the amount of $4,810.00 to reflect the sale of excess equipment was presented and read. It was moved by Council Member Brooks and seconded by Council Member Carpenter that this budget amendment be approved. Carried 13 votes affirmative.

AUTHORIZE THAT SMART CITY COMMITTEE AND
GRANDFORKS.COM PROCEED ONLY WITH GOVERNMENTAL
SITE

Committee No. 1, Finance, reported having considered the report for Smart City Committee and grandforks.com, and recommended to proceed only with the governmental site.

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

Council Member Glassheim stated he understands committee decision to focus on government page for what we take care of on the website, and understands that the Herald at this point is making the site, grandforks.com, into a general community page with no fee, although he checked it out tonight and on a couple of items, when going there get national info. and this is not his idea of good way to build up Grand Forks, but his vision is that there somehow be a community site, whether we pay for it or pay some of it, operate it or pay some of operational cost, but there is a difference between a business operating a site and a community organization operating a site, and that we have given away the Grand Forks focus by what agreeing to; secondly, although the intentions of the Herald at this point are fine and we have no contractual agreement with them, and don't know when people come and go, people leave or change their minds, and is not in agreement with action taking, but giving away an opportunity to have a Grand Forks com-mutiny page, not a government page, under public sponsorship, by what doing tonight.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative, 2 negative votes by Council Members Martinson and Glassheim. Mayor Owens declared the motion carried.

RECEIVE AND FILE MATTER OF PARKING ON BOTH
SIDES OF 2000 BLOCK OF 8TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the matter of parking on both sides of the street in residential areas, 2000 block of 8th Avenue North by James Altman, and recommended to receive and file.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ACCEPT BID FOR POLYGRAPH EQUIPMENT

Committee No. 2, Public Safety, reported having considered the bids for polygraph equipment, and recommended to accept and approve the bid of Axiton for computerized polygraph equipment in the amount of $8,200.00.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for budget amendment by the AMEN Project #2030 1 (amendment to MCH Grant), Health Department, in the amount of $1,000 to reflect funds for new MCH project, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 13 votes affirmative.

A request for budget amendment by the Health Department in the amount of $825.00 to reflect fall food manager certification, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 13 votes affirmative.

A request for budget amendment by the Police Department in the amount of $2,381.00 to reflect grant award, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 13 votes affirmative.

A request for budget amendment by the Fire Department in the amount of $15,000 from cash carryover for unbudgeted essential major body maintenance on fire pumper #530, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 13 votes affirmative.

TABLE MATTER OF LIGHTING BIKEPATH ALONG
ENGLISH COULEE TO DECEMBER 7, 1998 TO ALLOW
UND TO DO FURTHER EXPLORING OF MATTER

The city auditor presented the matter of lighting bikepath along English Coulee from 6th Avenue North to Gateway Drive which had been tabled until this evening. He reported that the public safety committee had recommended to deny the request to light the bikepath along the English Coulee from 6th Avenue North to Gateway Drive.

Council Member Hamerlik stated that the public safety committee had recommended that the bikepath lighting be denied, and the matter was tabled until this evening, and indicated that when the matter came out of public service, there was a motion to fund that lighting. He stated that at the last meeting this was tabled until tonight, and that he sent to all committee members the minutes of the meeting that the University had and that this project is on University land and they maintain the bikepath and they wish to broaden out their information source, and moved to table this item to the first meeting in December to allow the University to do more exploring. Council Member Glassheim seconded the motion. Carried 13 votes affirmative.

AUTHORIZE PURCHASE OF SUBMERSIBLE PUMPS FOR
SLUDGE RECEIVING BASIN

Committee No. 3, Public Service, reported having considered the matter of emergency purchase of submersible pumps for the sludge receiving basin, and recommended approval of purchase of two submersible pumps in the amount of $22,980.00.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

A request for budget amendment from the Water Treatment Plant in the amount of $25,000 to cover emergency purchase of submersible pumps for sludge plant, was presented and read. It was moved by Council Member Lunak and seconded by Council Member Lucke that this budget transfer be approved. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the Water Treatment Plant in the amount of $27,000 to cover budget shortfall and emergency repairs to equipment and diesel fuel, was presented and read. It was moved by Council Member Lunak and seconded by Council Member Lucke that this budget transfer be approved. Carried 13 votes affirmative.

A request for budget amendment for the Street Department in the amount of $113,901.00 for equipment (truck pre-mix heater, truck box and hoist) from cash carryover, was presented and read. It was moved by Council Member Lunak and seconded by Council Member Lucke that this budget transfer be approved. Carried 13 votes affirmative.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4769, RAW WATER INTAKE AND
TRANSMISSION LINES

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for raw water intake and transmission lines, Project No. 4769, and recommended to enter into an agreement with Advanced Engineering for final design, bidding, construction and post-construction phase services for the raw water intake and transmission lines, Project No. 4769, in the not to exceed amount of $1,487,000.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE CONTINUING NEGOTIATIONS WITH ND
DEPARTMENT OF TRANSPORTATION RE. FUNDING
PROPOSAL FOR 42ND STREET AND DEMERS AVENUE
GRADE SEPARATION

Committee No. 3, Public Service, reported having considered the matter of North Dakota Department of Transportation funding proposal for the 42nd Street and DeMers Avenue grade separation, and recommended to continue negotiations with North Dakota Department of Transportation without giving up the reclassifying of DeMers Avenue.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4824, OVER-
LAYING LOCAL STREETS CITY-WIDE

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for Project No. 4824, overlaying local streets city-wide, and recommended to enter into an agreement with Widseth Smith Nolting and associates for the hourly, not to exceed amount of 17,160.00 to be paid from CDBG funds, pending approval by the city attorney.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4865, RESTORE SANITARY SEWER IN AREA 4

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 4865, restore sanitary sewer in Area 4, and recommended to approve the plans and specifications for Project 4865, sanitary sewer restoration in Area 4, which qualifies for CDBG funding.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ACCEPT BID FOR PROJECT NO.4860, RESTORATION
OF STORM SEWER IN AREA 2

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4860, restore storm sewer in Area 2, and recommended to accept the bid (of Molstad Excavating) for consideration and to declare a minor infraction in the bid; and to accept the low bid of Molstad Excavating in the amount of $2,634,090, which will qualify for CDBG funding.
It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4846, STORM SEWER
ON 40TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the construction bid for Project No. 4846, storm sewer on 40th Avenue South from Washington Street to Southend Drainway, and recommended to return the bid for S.J. Louis Construction unopened due to an infraction in the process; and to award the bid for the 40th Avenue South Storm Sewer Project No. 4846 to Molstad Excavating, Inc. in the amount of $328,610.00, which is a CDBG funded project.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim,

Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4371, WASTEWATER
TREATMENT PLANT BID PACKAGE #3 (REACTOR
BASIN AND DISTRIBUTION SYSTEM)

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4371, Wastewater Treatment Plant, bid package #3 (reactor basin and distribution system), and recommended to accept the bid of John T. Jones Construction Company in the amount of $6,792,000, contingent upon North Dakota Department of Health approval.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS, VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the change order for Project No. 4371, Wastewater Treatment Plant bid package #2 (access road), Change Order #2, and recommended to approve change order to Gowan Construction in the amount of $490.00.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the change order for Project No. 4439, Lift Station #38 (Wanzek Const.), Change Order #5, and recommended to approve a time extension to December 31, 1998 and delete the grass seeding and driveway from the project in the amount of $7,474.00.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT LOW BID FOR RESIDENTIAL ENVIRONMENTAL
ABATEMENT

Committee No. 4, Urban Development, reported having considered the matter of environmental abatement for residential properties, and recommended to approve the low bid for Residential Bid Package #41 in the amount of $7,379.00 to EAS, and to approve the low bid for Bid Package #42 in the amount of $12,692.50 top MAAC Metro.