An ordinance entitled “An ordinance amending Section 16-0222(8) of the Grand Forks City Code relating to local roadways exempt from required sidewalk construction” which had been introduced and passed on its first reading on August 16, 1999, was presented and read for consideration on second reading and final passage. Upon call for the question of adoption of the ordinance and 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 ordinance adopted. ADOPT FINAL BUDGET FOR THE CITY OF GRAND FORKS FOR 2000 AND ANNUAL TAX LEVY The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota for the year ending December 31, 2000 would be presented to the city council on Monday, September 20, 1999 at 7:30 o’clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2000. Mayor Owens opened the public hearing, there were no comments and the hearing was closed. Committee No. 1, Finance, reported having considered the matter of staff person for city council, and recommended to receive and file. The motion was moved by Council Members Hamerlik and Brooks. Committee No. 2, Public Safety, reported having considered the matter of staff person for city council, and recommended that the Public Safety Committee go on record to oppose hiring a staff person for the council and delete the position from the budget. The motion was moved by Council Members Martinson and Bouley. Committee No. 3, Public Service, reported having considered the matter of staff person for city council and recommended to receive and file. the motion was moved by Council Members Lucke and Lunak. Committee No. 4, Urban Development, reported having considered the matter of staff person for city council, and recommended to leave the position in the budget and proceed and that the position be contracted; that the position will not be hired until the council has adopted a procedure for management of this position. The motion was moved by Council Members Beyer and Glassheim. The city attorney stated that they have conflicting motions all dealing with the same substantive issue, and recommended that the chair exercise her discretion and prerogative and move the motion forward for the body that is a positive motion, and a yes vote would mean yes, voting to approve the position, and no vote would be to disapprove the position. Mayor Owens called for consideration of the positive issue by the Urban Development Committee, which was moved by Council Member Beyer and Council Member Glassheim. Council Member Glassheim stated this is a proposal for an administrative assistant for council, that the purpose is to help council members have independent initiative and review capability in pursuit of their emerging mandate: a) to be more responsible for policy initiatives; b) give over more authority on details to administration; and reviewed a number of duties of this position re. clerical, research and organizational. He stated he thought that the council needed a staff person to help it organize itself to act more effectively, especially as they move towards greater interest in policy matters and less in smaller details which they give over to the departments and will need this kind of help, and will work through departments to accomplish things. Council Member Carpenter stated he would not support voting to put in this year’s budget but asked that the Mayor specifically identify one person within her staff or somebody within City government that the council can turn to and can utilize to see how that works, and if it doesn’t certainly will be back for the next budget year or to take it out of some other place to transfer it in to start up this position, and willing to give a period of time to let the administration try to resolve and satisfy what he thinks is a need for the council, and if that doesn’t happen over the next six to nine months, then revisit this issue and be willing and ready to transfer money to make sure it does happen. Mayor Owens stated that they will work on that suggestion to get it started. Upon call for the question and upon voice vote, the motion was defeated. Mayor Owens asked for a motion to approve the resolution to levy the tax for that fiscal period. Council Member Lucke moved to reduce the General Fund mill levy request by 6 mills; Council Member Lunak seconded the motion. Council Member Lucke explained his motion for reduction, that the reduction can come from any one of about five sources: General Fund reserves, Loan Stabilization Fund, Infrastructure Fund and from a couple enterprise funds that have more than their immediate needs in reserve. Heidi Jones, 412 South 4th Street, questioned what the flood protection plan was and how long will it take to build a dike if that is part of that plan. Council Member Carpenter stated they have an approved flood protection plan that is in the process of being designed and construction will begin next year and will be built over the next 7 to 10 years - to build the entire flood protection plan between the two cities. After some discussion Council Member Hamerlik moved an amendment to the motion on the floor that we reduce the mill levy by 3 mills and that the money for that amount be taken out of the market adjustment line item, thus leaving approximately $300,000 in that line item. Council Member Hafner seconded the motion. After considerable discussion and upon call for the question on the amendment to reduce levy by 3 mills out of the $500,000 market study; and upon roll call vote the following voted “aye”: Council Members Beyer, Hafner, Martinson, Lucke, Hamerlik, Bouley, Carpenter, Klave - 8; voting “nay”: Council Members Babinchak, Bakken, Brooks, Glassheim, Lunak - 5. Mayor Owens declared the amendment approved. Upon call for the question on the original motion as amended and upon roll call vote, the following voted “aye”: Council Members Hafner, Martinson, Brooks, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer - 10; voting “nay”: Council Members Babinchak, Bakken, Glassheim - 3. Mayor Owens declared the motion carried. It was moved by Council Member Lucke and seconded by Council Member Hafner to adopt the resolution adopting the annual appropriation bill and tax levy for fiscal year beginning January 1, 2000 and ending December 31, 2000. Document No. 7878 - Resolution. Upon call for the question of adoption of the budget and upon roll call vote, the following voted “aye”: Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; and the following voted “nay”: Council Members Brooks, Lunak - 2. Mayor Owens declared the motion carried and the budget adopted. The city auditor reported that in the budget presentation coming into the 1999 budget year, we carried over a fund balance of $3.5 million and the Mayor’s recommendation was to transfer $700,000 of that fund balance to the flood protection plan, and would need to have an action on that and if approved, they would need to point out that the projected fund balance starting the year 2000 would drop by $700,000 as would the ending fund balance, and keeping in mind that if those fund balances maintain the level we hope they can, the Mayor had also recommended that in the year 2000 we would recommend a transfer of $1.5 million to the flood protection project. It was moved by Council Member Babinchak that we move the $700,000 and decrease the cash carryover. Council Member Hamerlik seconded the motion. Carried 13 votes affirmative. DENY APPLICATION FOR MOVING PERMIT TO MOVE BUILDING TO 402 SOUTH 4TH STREET The city auditor reported that the notice of public hearing on the application by EAPC for Urban Development to move a building from the intersection of Division Avenue and South 3rd Street to 402 South 4th Street, had been published and posted as required. Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. Judy Swisher, 420 Franklin Avenue, speaking on behalf of the Central Park Historic Neighborhood Association, stated that the Central Park Historic Neighborhood Association opposes the proposed relocation of the structure known as the “boom town” building to the lot at 402 South 4th Street. She stated that this lot held a family home and locating a commercial building there would compromise the residential integrity of their neighborhood, and their concerns are at several levels: 1) that a commercial structure belongs in a commercial environment and house in residential neighborhoods, 2) concern for the nature of the business that would occupy the space; 3) concern for other open spaces in their neighborhood and if one commercial enterprise open the door for more as they are near the river, lost many house and have many empty lots. She stated that the “boom town” building be part of the town square, and offer it for lease. Loretta Prather, 417 South 5th Street; Dave Burris, 405 South 5th Street; and Chuck Klemmer, 412 South 5th Street, also opposed the moving of the “boom town” building to 402 South 4th Street. Tim Lamb, 1704 Belmont Road, stated that on behalf of the Red River Foundation, they are interested in this building and would like to present a proposal to the Urban Development Committee. Mayor Owens closed the public hearing. Committee No. 3, Public Service, reported having considered the application for moving permit by EAPC for Urban Development to move building from intersection of Division and South 3rd Street to 402 South 4th Street, and recommended to approve a moving permit for the “boom town” building to a site to be determined before September 30 based on acceptability of 402 South 4th Street or another lot being accepted. It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Lonnie Winrich, Historical Committee, stated that this building is on the National Register of Historic Places and if the building is moved very far it will lose that Register status, that the State Review Board met on Tuesday to specifically consider the lot at 402 South 4th Street and they approved retaining Register status providing the building was sited on a lot in a commercial setting, which means next to the sidewalk and sidewalk to the street, and if the building is moved to the Myra Museum it will lose its Register status, and unfortunately the best places to put the building have already been rejected by council; and in order to retain its Register status it needs to remain within a commercial context and at a site where such a “boom town” building would have originated. After further discussion and upon call for the question and upon voice vote, the motion was defeated by 13 votes. ADOPT RESOLUTION VACATING KITTSON AVENUE FROM SOUTH 3RD STREET EAST TO THE RIVER The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate Kittson Avenue from South 3rd Street east to the Red River, 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 none and the public hearing was closed. It was moved by Council Member Babinchak and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative. Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7879 - Resolution. It was moved by Council member Babinchak and seconded by Council Member Martinson that this resolution be and is hereby adopted. Carried 13 votes affirmative. REPORTS OF OFFICERS The city auditor presented and read the Statement of Changes and Cash Balances for period ending August 31, 1999. It was moved by Council Member Babinchak and seconded by Council Member Bouley to receive and file. Carried 13 votes affirmative. APPROVE BILLS Vendor Payment Listing No. 99-16, dated September 20, 1999, and totaling $3,246,732.94, all having been audited by the city auditor for payment in accordance with regulations, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Martinson 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. REFER ITEMS BACK TO COMMITTEE Mayor Owens asked that any items to be sent back to committee be pulled at this time. Council Member Hafner asked that an item under the Public Service Committee be pulled - matter of location of sewage Lift Station #5, but asked Mr. Yavarow to explain the scenario behind this. Mike Yavarow, Engineering Department, reported that as part of the flood control project the City is required to relocate infrastructure and some of the main items starting with are sewage lift stations, one station the council has approved to site is in Lincoln area, and have to move two more major ones to relocate as follows: one in Riverside area and one adjacent to St. Anne’s. He reviewed plan that was in the Corps design and north of the Simonson’s Station and Office Building there is a floodwall that comes down along 3rd Street, and location picked out by the Corps is on the northwest corner of the Simonson gas station; that with an adjacent parcel of property that was identified in the Corps plan where the school maintenance building is as part of the greenway. It was noted that they had requested that the lift station be put back against the floodwall as much as possible. He stated we had our consultant, Tom Hanson, WFW, review the Corps recommendation and he concluded the same location as best for the City. Mr. Arch Simonson appeared before the committee and felt that the floodwall could be moved to save his building and would put the lift station some other place. He stated that because of the design and the lack of safety factors because slip plains in the area that really cannot happen. He stated that the next option was to move the lift station farther west into the alley between the Simonson building and the school building. He stated because of the proximity of the buildings there a cost estimate was done and would raise the cost of the lift station by approx. $200,000 and the committee felt that was unreasonable. He stated they were left with two options: 1) putting it on the Simonson property or 2) possible use of the school maintenance building and they were told at that time there were potential other uses for that building and was deferred to the meeting this evening for Urban Development to follow up with respective interests for that building and referred back to committee as a use has been found for that building. Council Members Hafner and Klave stated their action was pending some positive action for that building and apparently have received further information that there is positive action for and asked that this matter be returned to committee to consider that and any other offers that would be available. APPROVE APPLICATION FOR ABATEMENT OF TAXES ON PROPERTY AT 2210 SPRINGBROOK COURT Committee No. 1, Finance, reported having considered the application for abatement of 1998 taxes by Stanley and Gwen Kovarik, 2210 Springbrook court (lot 12, Block 1, Blair-Satrom Addition), and recommended approval of an abatement of 1998 taxes for 2210 Springbrook Court. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be and hereby approved. Carried 13 votes affirmative. APPROVE APPLICATIONS FOR EXEMPTION OF IMPROVEMENTS TO RESIDENTIAL PROPERTY Committee No. 1, Finance, reported having considered the application for exemption of improvements to residential property by Harry and Peggy Feilen, 709 South 19th Street, and recommended approval for an exemption of improvements on 709 South 19th Street. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative. Committee No. 1, Finance, reported having considered the application for exemption of improvements to residential property by Donald F. Barcome, 2424 Olson Drive, and recommended approval of an exemption of improvements for 2424 Olson Drive. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative. SET SALE DATES FOR VARIOUS BOND ISSUES Committee No. 1, Finance, reported having considered the matter of setting sale dates for bonds, and recommended to approve the sale dates of October 18 for General Obligation Dike bonds, Series 1999A, Refunding Improvement Bonds, Series 1999B, and Storm Sewer Reserve Revenue Bonds, Series 1999C and November 15 for Sewer Reserve Revenue Bonds, Series 1999D and Water Reserve Revenue bonds, Series 1999E with the award at 7:30 p.m. on the same dates. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative. ADOPT RESOLUTION RELATING TO GENERAL OBLIGATION DIKE BONDS, SERIES 1999A AND CALLING FOR THE PUBIC SALE THEREOF Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7880 - Resolution. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: 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 passed and adopted and was signed by the Mayor and her signature attested by the City Auditor. ADOPT RESOLUTION RELATING TO $6,825,000 REFUNDING IMPROVEMENT BONDS, SERIES 1999B AND CALLING FOR THE PUBLIC SALE THEREOF Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7881 - Resolution. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: 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 passed and adopted and was signed by the Mayor and her signature attested by the City Auditor. ADOPT RESOLUTION RELATING TO STORM SEWER RESERVE REVENUE BONDS, SERIES 199C AND CALLING FOR THE PUBLIC SALE THEREOF Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7882 - Resolution. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: 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 passed and adopted and was signed by the Mayor and her signature attested by the City Auditor. ADOPT RESOLUTION RELATING TO SEWER RESERVE REVENUE BONDS, SERIES 1999D, AND CALLING FOR THE PUBLIC SALE THEREOF Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7883 - Resolution. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: 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 passed and adopted and was signed by the Mayor and her signature attested by the City Auditor. ADOPT RESOLUTION RELATING TO WATER RESERVE REVENUE BONDS, SERIES 1999E, AND CALLING FOR THE PUBLIC SALE THEREOF Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 7884 - Resolution. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: 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 passed and adopted and was signed by the Mayor and her signature attested by the City Auditor. APPROVE CHANGE TO JOB DESCRIPTION FOR CENTRAL GARAGE SUPERVISOR Committee No. 1, Finance, reported having considered the matter of job description change for central garage supervisor, and recommended approval to request five years of experience for the job description change of Central Garage Supervisor. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative. INTRODUCE ORDINANCE RE. EMPLOYEE DISCIPLINE BY DEPARTMENT HEAD WITH APPEAL TO MAYOR Committee No. 1, Finance, reported having considered the matter of employee discipline by department head with appeal to mayor, and recommended that the ordinance be amended that written reprimands or reprimands of three days or less with suspension can only be appealed to the mayor and direct the city attorney to draft the appropriate language and introduce for first reading. It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative. Council Member Bakken introduced an ordinance entitled “An ordinance amending Section 6-0605 of the Grand Forks City Code relating to appeals from disciplinary action”, which was presented, read and passed on its first reading. APPROVE FOX-LAWSON & ASSOCIATES RFP FOR COMPENSATION AND BENEFITS MARKET ANALYSIS PROPOSAL Committee No. 1, Finance, reported having considered the matter of Fox-Lawson & Associates RFP for compensation and benefits analysis and recommended to approve Fox-Lawson & Associates and authorize up to $20,000 be expended and the two council members to serve on the committee be Council Members Hamerlik and Beyer. It was moved by Council Member Hamerlik and seconded by Council Member Brooks 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 ARTS ACROSS MINNESOTA GRANT CONTRACT Committee No. 1, Finance, reported having considered the matter of Arts Across Minnesota grant contract, and recommended proper City officials be authorized to execute the grant documents. It was moved by Council Member Hamerlik and seconded by Council Member Brooks 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. CONSIDER MATTER OF COMPLAINT RE. DOGS ON PROPERTY AT 219 COTTONWOOD STREET Committee No. 2, Public Safety, reported having considered the matter of complaint re. dogs on property at 219 Cottonwood Street, and recommended to have the city attorney look at both sides of the issue, from the police viewpoint and the health viewpoint to see if ordinances can be adjusted to give us the ability to address this issue; and ask the city attorney to meet with health department to see if there is something we can do that is legal, using other cities as a guideline and then pursue what we have to do to try to resolve the problem. 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. APPROVE CHANGE IN NAME OF APPLEBEE’S CORPORATION RE. ALCOHOLIC BEVERAGE LICENSE Committee No. 2, Public Safety, reported having considered the matter of notification of change in name of Applebee’s corporation (holder of alcoholic beverage license) (from Grandapple, LLC dba Applebee’s Neighborhood Grill & Bar to Grandapple, Inc.), and recommended to approve, pending city attorney’s approval. 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. AUTHORIZE SIGNS BE PLACED AT PEDESTRIAN CROSSWALK ON 17TH AVENUE SOUTH NEAR RIDER ROAD INTERSECTION Committee No. 2, Public Safety, reported having considered the matter of request for pedestrian crosswalk on 17th Avenue South near Rider Road intersection across from Red River High School, and recommended to request signs be placed at Rider Road and 17th and request police department to monitor the area. 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. MONITOR SPEED LIMITS ON 47TH AVENUE SOUTH Committee No. 2, Public Safety, reported having considered the matter of speed limits on 47th Avenue South, and recommended that the area be monitored and if there is still concern after South Washington is open, the issue will be revisited. 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. AMEND 1999 BUDGET TO USE CASH CARRYOVER TO PUCHASE FIRE PUMPER Committee No. 2, Public Safety, reported having considered the matter of request for fire pumper, and recommended to amend the 1999 budget to use cash carryover in Loan & Stabilization Fund in the amount of $192,700 to purchase a fire pumper and reduce the 2000 section of the budget and Loan and Stabilization Fund in the same amount. 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 from the Police Department to amend their budget in the amount of $200.00 to reflect donation received from Grand Forks Police Reserve Fund Raiser Account for GREAT Program, was presented and read. A request from the Police Department to amend their budget in the amount of $12,000.00 to cover incurred and future expenses for remainder of the year, was presented and read. A request from the Police Department to amend their budget in the amount of $3,493.48 to reflect interest earned from Grant 2 to be placed into individual grant categories, was presented and read. A request from the Police Department to amend their budget in the amount of $2,096.10 to reflect earned interest from Grant 3 to be placed into individual grant categories, was presented and read. A request from the Health Department (Project #2032.1) to amend their budget in the amount of $1,010.00 to reflect funds from Food Manager Certification Class, was presented and read. A request from the Community Initiative Program (HL15) to amend their budget in the amount of $2,000.00 to reflect revenue generated by Immune Coalition to support educational programs, was presented and read.. A request from the Tobacco Grant to amend its budget in the amount of $15,000 to reflect additional grant funding for Tobacco Program from ND Department of Health, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that these amendments be and are hereby approved. Carried 13 votes affirmative. AUTHORIZE SIGNAGE AT INTERSECTION NEAR ECO-LAB AND SALVATION ARMY Committee No. 2, Public Safety, reported having considered the matter of signage at intersection near Eco-Lab and Salvation Army, and recommended to ask traffic engineering to do a study of this area and install a sign if need and report back to committee. 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. APPROVE CHANGE ORDER FOR SOUTH FIRE STATION PROJECT Committee No. 2, Public Safety, reported having considered the matter of change order for South Fire Station, and recommended to authorize the fire chief to approve change orders up to $10,000 with the chief reporting back to committee with preference to report to committee. 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. AUTHORIZE PURCHASE OF POLICE VEHICLES Committee No. 2, Public Safety, reported having considered the matter of purchase of two police vehicles, and recommended to approve purchase of 1998 Chrysler Intrepid and 1998 Chevrolet Lumina from the Chrysler Center for the price of $15,157.00 and $13,157.00 for a total of $28,314.00, with extended warranties at best reasonable price, funding through Block Grant 2 along with funds in department vehicle budget. 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. DECLARE EMERGENCY SITUATION AND AUTHORIZE REPAIR OF SLUDE OUTFALL LINE Committee No. 3, Public Service, reported having considered the matter of repair of sludge outfall line and budget amendment, and recommended to declare an emergency situation and direct appropriate staff to negotiate with appropriate parties for repair. It was moved by Council Member Klave 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 BUDGET TRANSFERS ON MN DNR PERMITTING ISSUES Committee No. 3, Public Service, reported having considered the matter of update on MN DNR permitting issues, permit issues on raw water permits, and recommended to approve a budget transfer in the amount of $27,000 and instruct staff to contact the DNR to see if they would waiver 50% of the fee. It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative. Committee No. 3, Public Service, reported having considered the matter of update on MN DNR permitting issues, matter of plans and specifications for 7 million gallon reservoir modifications, and recommended to approve modifications to the reservoir, with a budget transfer from cash carryover, not to exceed $183,200 and give Advanced Engineering approval to advertise for bids for the project. It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. It was moved by Council Member Hafner to amend the motion to include CDBG eligible language. Council Member Klave seconded the motion. Carried 13 votes affirmative. Upon call for the question on the motion, as amended, and upon voice vote the motion carried 13 votes affirmative. APPROVE BUDGET AMENDMENTS A request from the Public Transpiration Department to amend their budget in the amount of $41,938.28, to purchase the budgeted DAR vehicle (which includes local vendor match of 17% of total cost), was presented and read. A request from the Water Treatment Department to amend their budget in the amount of $5,000.00 for repair of roof membranes on the 56/68 plant and pretreatment, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that these budget amendments be and are hereby approved. Carried 13 votes affirmative. APPROVE PLANS AND SPECIFICATIONS FOR SITE GRADING AT BALING FACILITY SITE Committee No. 3, Public Service, reported having considered the matter of plans and specifications for site grading at baling facility site, and recommended to approve plans and specifications and authorize call for bids. It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative. APPROVE ENGINEERING AGREEMENT FOR GIS SERVICES, PROJECT NO. 5085 Committee No. 3, Public Service, reported having considered the matter of engineering agreement with Greater Forks Engineering Group for GIS services for Project No. 5085, and recommended to approve $1,200,760, contingent upon CDBG funding available. It was moved by Council Member Klave 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 RATES FOR GPS SURVEYING, PROJECT NO. 5015, FLOOD MITIGATION, PHASE I Committee No. 3, Public Service, reported having considered the matter of establishing rates with CPS, Ltd. for GPS (Global Positioning System) surveying with Greater Forks Engineering Group for Project 5015, Flood Mitigation, Phase I (CDBG), and recommended approval of the rate (hourly rate of $50). It was moved by Council Member Klave 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 AGREEMENT FOR ENGINEERING SERVICES, PAVING PROJECTS NOS. 4829, 5048 AND 4960 Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for study and report, CPS, Ltd., Projects Nos. 4829, 5048 and 4960, paving 42nd Street from University Avenue to 29th Avenue South and 17th Avenue from South 42nd Street to South 35th Street, and recommended approval of $119,890.00 subject to Engineering Department approval. It was moved by Council Member Klave 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 AGREEMENT FOR ENGINEERING SERVICES, VARIOUS WATER DISTRIBUTION SYSTEM IMPROVE- MENT PROJECTS Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for design engineering services, Advanced Engineering, various water distribution system improvement projects: Project No. 5071, water tower at the Central Business District, and recommended approval of engineering agreement contingent upon CDBG funding ($12,377,100) being approved.