City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

17251
October 2, 2000

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 2, 2000

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, October 2, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; absent: Council Member Martinson - 1.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter and reminded audience that this meeting is televised.

RECOGNIZE AWARD TO PUBLIC TRANSPORTATION
EMPLOYEE AS DRIVER OF THE YEAR 2000 AND
PRESENTATION OF PLAQUE TO CITY

Mayor Brown stated that each year the Dakota Transit Association names a driver of the year from North and South Dakota and that on September 21 the 2000 Driver of the Year award was presented to Blair G. Sondreal and the City of Grand Forks Public Transportation Department, and congratulated Mr. Sondreal on receiving this prestigious awards and thanked him for years of dedicated service. He also thanked Roger Foster, Transportation Superintendent, and Todd Feland, Director of Public Works, for a job well done. Mr. Foster presented a plaque to Mayor Brown on behalf of the Dakota Transit Association and the Federal Transit Administration for placement in the entryway of City Hall.

PRESENTATION OF UPDATE ON DEVILS LAKE FLOODING

Joe Belford, County Commissioner of Ramsey County, presented an overview of the flooding of Devils Lake and problems they are having; and presented a viewing of aerial tour of the area. He summarized the history of Devils Lake flood and actions taken to date, outlet alternatives that have been evaluated and the proposed emergency outlet plan. He stated they have received funding from the Corps of Engineers for the environmental impact statement and design; and have to have a document so that everyone downstream can look at it and the impacts, and that if there are problems they can look for solutions for resolving them. He asked for continued support from the council of the City of Grand Forks, and asked that Grand Forks continue to be an active part of the Red River Basin Board and thanked council for hearing his presentation.

FLOOD REPORT

Ken Vein, city engineer, reported that the monthly update had been sent to council members, and noted that the finalizing of the alignment design memorandum should be here this week and are the right of way drawings and alignments necessary as they finish up the final right of way locations. He stated there was public notification on the closing of the railroad/pedestrian bridge and that they will get the bids on Lift Station 1 and No. 5 and bids on forcemain and water transmission line that had to be adjusted prior to next year’s construction of the English Coulee diversion extension. He stated that under the Greenway update the design costs for the community green have been negotiated at a little over $20,000 under the $50,000 they had discussed before as a maximum, and that the contractor is Stanley Consultants. He stated that if there are any questions to contact either him or the Greenway staff
APPROVE MINUTES SEPTEMBER 5, 2000

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, September 5, 2000, were presented and read. Council Member Bjerke noted that there should be correction in the mayor’s name in the first two paragraphs of the minutes. It was moved by Council Member Lunak and seconded by Council Member Babinchak that the minutes be approved as read and corrected. Carried 13 votes affirmative.

SUSPEND AGENDA TO CONSIDER THE MATTER OF
CITY COUNCIL MEETING PROCEDURES AND APPROVAL
PROCESS

Council Member Gershman moved to suspend the council agenda to consider the matter of the city council meeting procedures and city council approval process. Council Member Lunak seconded the motion. Carried 13 votes affirmative.

Richard Warne, city administrator, presented several proposals relating to changes in the meeting procedures and approval process; that over the past several months there have been several discussions regarding the city council approval process and the problems of the current system have been outlined and some ideas for improving the system have been suggested by various members of the council and the public. He suggested a process which he believes would help make the city government more efficient, more effective and more customer-service oriented, and reviewed the process which would 1) eliminate the four standing committees with the city council to meet once a week, first week as a work meeting and second week as a decision meeting; 2) that council agendas will be prepared, coordinated and distributed through the administrative coordinator’s office; 3) staff will analyze and prepare written reports on each agenda item; 4) agenda items and staff reports will be reviewed by the mayor, administrative coordinator and department heads (as appropriate); 5) council meeting binders and other materials will be distributed the Wednesday before the city council meeting; 6) city council members will be encouraged to call the administrative coordinator or appropriate department head prior to the meeting if questions or additional information is needed; 7) administrative coordinator will deliver meeting binders and provide a pre-meeting briefing for each council member when the city council is reduced to seven members; 8) department head meeting will take place the day following city council meeting to review council decisions and implementation, assignments upcoming agenda items, administrative issues and report on department activities and coordinate interdepartmental projects; 9) agendas will be streamlined by delegating minor administrative matters currently being handled by the council to department heads and other appropriate staff; and 10) that any staff decision can be appealed to the mayor and city council: Document No. 8040 - Proposal.

Mr. Warne stated there maybe some training and adjustments that need to be made; that this system is used across the country, that this system will improve efficiency in city government.

Mr. Warne stated they have prepared ordinance amendments to implement the changes in procedures, that amendments have been reviewed by the city attorney and reviewed the proposed changes with the city council, changes in dates, staff reports, ordinances and resolutions which would be coordinated through the administrative coordinator’s office and that the administrative coordinator under the direction of the mayor and city council would determine the order of business or what items would go on the agenda, language to allow the city council to vote on several items at one time and at the same time allow any council member to remove any item from the summary action calendar or the consent agenda, and an attachment showing the vote of the council members.

There was discussion by the city council. It was noted that the city council would refer items to staff rather than to the city committee, and it would be their responsibility to do the appropriate research and bring back information and provide with widest range of options to make decision in the best interests of the people of Grand Forks.

Council Member Hoff stated that any issue can become controversial, and no way to identify; Mr. Warne stated that this process provides the opportunity for any council member to remove anything off summary action to be discussed at a work meeting or a council meeting. Council Member Hoff stated that safeguard does not extend to the public because the way this is structured.

Mr. Warne stated they would make sure items are published and people are notified, and decision making meeting is time for the council to debate, but because of the nature of an issue and the media has informed a specific group, that it may be appropriate either to allow them to speak in the decision making meeting or to continue this item to the next work session. Mr. Warne also stated that the work sessions would be televised and people will know well in advance if something turns out to be controversial and more input is needed by the council, and that the governing body can be flexible and allow people to speak or carry an item over to a meeting or two so that they can get more information. He said they are trying to provide more structure but at the same time allow greater participation by the public in city council decisions.

Council Member Babinchak moved that we send this ordinance and the process that was presented to each standing committee and to staff.; Council Member Hoff seconded the motion.

There was some discussion as to the number of committees (38) and that no recommendation had been made. Mr. Warne stated that he has asked the department heads to look at committees over which they serve as staff and to come up with some recommendations as to whether to consolidate meetings, and to save that decision as to the number of committees until they complete this issue.

Council Member Klave asked that even before they get to a working session it is important for the committees to streamline their agendas. Mr. Warne stated they will be compiling a list that they believe could be handled administratively with appropriate appeals to the mayor and city council, and will be bringing that back to the council.

Council Members Babinchak and Bjerke called for the question. Carried 13 votes affirmative.

Upon call for the question for referral to all committees and upon voice vote, the motion carried.

ADOPT RESOLUTION ESTABLISHING TERMS AND
DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT
WARRANTS ON THE FUND OF FLOOD DISTRICT NO
14 AND PROVIDING FOR AND APPROPRIATING SPECIAL
ASSESSMENTS FOR THE SUPPORT AND MAINTENANCE
OF SAID FUND

Committee No. 1, Finance, reported having considered the award of bids for $9,000,000 Refunding Improvement Bonds, Series 2000A (Dike Improvements), and recommended approval of a resolution establishing terms and directing issuance of definitive improvement warrants on the fund of Flood District No. 14 and providing for and appropriating special assessments for the support and maintenance of said fund, and approval of a resolution directing the issuance of $9,000,000 Refunding Improvement Bonds, Series 2000A (Dike Improvements) and prescribing the terms and covenants thereof and awarding the sale of the bonds to Dan Rauscher at the interest rate of 5.3862%.

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

The city auditor exhibited affidavit showing publication in the official newspaper of the City of a Notice of Bond Sale of $9,000,000 Refunding Improvement Bonds, Series 2000A (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 6, 2000. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 3 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8041- Bid Listing.

Alan Erickson, Springsted, Inc., reported that bids were taken this morning at 10:00 o’clock on the two bond issues and the low bid on the $9 Million Dike Bond issue was from Dain Rauscher, Inc. (now Royal Canadian Bank) and interest rate on that issue was 5.3862% and on the $6,965,000 Refunding Improvement Bonds the low bid was received by U.S. Bancorp Piper Jaffray, Inc. for a rate of 5.28% and received 4 bids on the second issue, 3 on the first. He stated that the bids were done electronically and received them over the Internet through a system called Parrity which is put out by Thompson Financial Systems, and also electronically distributed the official offering statements for the first time for the City as well and that saved the City costs in terms of printing of those. He stated that in a month they do the 3 revenue issues and due to legalities have to have a separate OS for each revenue issue. He stated that through the credit rating process Moody’s has reaffirmed the City’s AA3 bond rating. He stated that the amount of the dike debt could possibly be problematic with the rating agencies but he and the city auditor have been with your approval working on a plan for well over a year to address that issue and about a month ago they looked at the model that they had developed for use by the credit rating agencies and were able to meet with them and talk with them very diligently about that and they did see fit to retain the rating at a AA3. He stated he would recommend that you approve both of these.

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

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8042 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT RESOLUTION DIRECTING THE ISSUANCE OF
$9,000,000 REFUNDING IMPROVEMENT BONDS, SERIES
2000A (DIKE IMPROVEMENTS) AND PRESCRIBING THE
TERMS AND COVENANTS THEREOF

Council Member Hamerlik then introduced the following resolution and moved its adoption: Document No. 8043 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT SUPPLEMENTAL RESOLUTION RELATING TO
$9,000,000 REFUNDING IMPROVEMENT BONDS, SERIES
2000A (DIKE IMPROVEMENTS) TERM BONDS

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8044 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION ESTABLISHING TERMS AND
DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT
WARRANTS ON THE FUNDS OF STORM SEWER DISTRICTS
NOS. 400 AND 409, ALLEY PAVING DISTRICT NO. 577,
PAVING DISTRICTS NOS. 576, 579, 566, 567, 563, 580 AND
19, LIGHTING DISTRICTS NOS. 133, 134 AND 135 AND
WATERMAIN DISTRICTS NOS. 271 AND 272 AND PROVIDING
FOR AND APPROPRIATING SPECIAL ASSESSMENTS FOR
THE SUPPORT AND MAINTENANCE OF SAID FUNDS

Committee No. 1, Finance, reported having considered the award of bids for bonds b) $6,965,000 Refunding Improvement bonds, Series 2000B, and recommended approval of a resolution establishing terms and directing issuance of definitive improvement warrants on the funds of Storm Sewer Districts Nos. 400 and 409, Alley Paving District No. 577, Paving Districts Nos. 576, 579, 566, 567, 563, 580 and 19, Lighting Districts Nos. 133, 134 and 135 and Watermain Districts Nos. 271 and 272 and providing for and appropriating special assessments for the support and maintenance of said funds, and the approval of a resolution directing the issuance of $6,965,000 Refunding Improvement Bonds, Series 2000B and prescribing the terms and covenants thereof and awarding the same of the bonds to U.S. Bancorp Piper Jaffray, Inc. at the interest rate of 5.2817%.

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

The city auditor exhibited affidavit showing publication in the official newspaper of the City of a Notice of Bond Sale of $6,965,000 Refunding Improvement Bonds, Series 2000B (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted September 6, 2000. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 4 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8045 - Bid Listing.

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

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8046 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; and the following voted against the same: none.

ADOPT RESOLUTION DIRECTING THE ISSUANCE OF
$6,965,000 REFUNDING IMPROVEMENT BONDS, SERIES
2000B AND PRESCRIBING THE TERMS AND COVENANTS
THEREOF

Council Member Hamerlik then introduced the following resolution and moved its adoption: Document No. 8047 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; and the following voted against the same: none: whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT SUPPLEMENTAL RESOLUTION RELATING TO
$6,965,000 REFUNDING IMPROVEMENT BONDS, SERIES
2000B TERM BONDS

Council Member Hamerlik introduced the following resolution and moved its adoption: Document No. 8048 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

HOLD PUBLIC HEARING AND DETERMINE INSUFFICIENCY
OF PROTEST ON FLOOD PROTECTION DISTRICT NO. 14,
PROJECT NO. 4704

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Flood Protection District No.14, Project No. 4704, permanent flood protection and associated City-funded improvements city-wide, had expired on September 25, 2000, and that he had received no written protests in his office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

Kevin Pierce, East Lake Estates, one of three representatives that represent 27 property owners, and stated that he came to enter a formal protest, that they are being assessed for this project and that they are currently outside of the dike line and don’t plan to be inside the dike line, and wanted clarification that if outside the dike there’s a zero benefit to the property, and asked if there would be a zero tax at that level.

Mr. Swanson, city attorney, stated that at this point in time the determination of benefit has not been made by the Special Assessment Commission on a lot basis, and those arguments/comments should be addressed to the Special Assessment Commission. He stated that the issue of size of the district is different from the determination of benefit, that you may be within the district and be determined to have zero benefit. He stated that they first determine the district or the boundaries of a special assessment district, that is a council function and you cannot assign benefit outside of the district and up to the Special Assessment Commission to take the boundaries of the district and determine what properties within that district are benefited, and may determine that all properties within that district benefit and may also determine that properties within the district do not benefit. Mr. Pierce stated his property is within the district but outside the dike line. Mr. Swanson stated that he believes this gentleman’s property is outside the city limits, the City cannot include property outside the city limits in existing special assessment districts; however, the area is anticipated for a future assessment but without it being within the city limits, the City has no authority to include it within the district or to levy benefits at this point in time. Council Member Christensen asked why they would draw a line for a future benefit; Mr. Swanson stated that’s for information for residents to know in the future that if they come within the city limits there is likely to be an assessment. He stated to avoid the situation where somebody was just outside the city limits for a project that’s been in the works later comes forward and says that he didn’t know that he could possibly be assessed.

Council Member Babinchak questioned whether the property owner is outside the district and receiving no benefit, can he file a protest. Mr. Swanson stated that the protest period has expired but the council can accept it but doesn’t act as an official protest to the calculation. Mr. Swanson also noted that only those properties within the district can protest. Mr. Pierce stated they are within the future planned district because all of Grand Forks Township was included in the future assessment district.

Council Member Christensen moved that we delay this for two weeks for further information on the effect on Mr. Pierce’s addition and other additions that they are drawing this line around. Council Member Hoff seconded the motion.

Council Member Babinchak questioned whether they were going to extend the protest period tonight, that this is nothing new in procedure.

Al Grasser, asst, city engineer, reported that the southerly line is not known at this time nor will it be known for a period of several months, the process where he has seen the future special assessment district used in the past is that we are setting up an area on notice that they have the potential to be assessed for a certain project; the city council before assessments are actually levied will have to re-create the actual assessment district after they are inside the city limits and council will at that time know where the line is and the line can actually be drawn on the dike if the council so desires, but that will have to happen before any special assessments actually get levied.

Kathleen Stradley, 6830 Woodcrest Road, Grand Forks Township, stated she wasn’t sure they could protest as they were in a future assessment area and that is a liability on their homes. Mr. Swanson stated that a protest by someone within the future assessment district would not count toward the percentage of protest against the district.

Mr. Swanson stated that there is a difference between a tapping area and a future assessment area, there is a statute for future assessment on properties to be annexed in the future after the original date of assessment. He stated that if the council made a decision in the future that they were seeking to annex additional areas, the annexation proceeding would have to occur before those assessments could be made.
Mr. Swanson stated that there is a statute right on point in North Dakota and also two North Dakota Supreme Court cases that have upheld the spreading of assessments on property subsequently annexed to the city after the original assessment occurred.

Scott Stradley, 6830 Woodcrest Road, Grand Forks Township, stated by the city engineer tonight that the southend alignment of the levee has not yet been determined but that is not a correct statement, it has been determined by the Army Corps of Engineers, they had to submit an environmental impact statement that met the National Environmental Policy Act guidelines which means that it has to have the appropriate cost benefit ratio which is now a ratio of 1.06 benefits to $1.00 of cost, that the Army Corps of Engineers has told him on numerous occasions that they will not put the levee out in the Burke Addition as it’s been referred to, to protect us because it will not meet the cost benefit ratio standard, that the Army Corps of Engineers, Lisa Hedin, told him that they will not move the levee off the current alignment because the State of Minnesota will sue because it will influence the height of flood crests, it will raise the elevation of flood crests. He stated that based on 2 ½ years of experience there is no chance that the levee alignment will change and does not think it is fair for the City to include people in the assessment district whether present or future that are not going to benefit and that it will cost him for the levee project, it will affect flooding in his neighborhood, depress property values, and asked that they move the levee back towards the city and move it away from the southeast corner of Grand Forks Township.

Mr. Swanson stated that the notice was published two times, and stated that there are two components here, one of which you are discussing is the boundaries of the district, but the other component that goes along with the bond sale that does appear to need action is the adoption of a resolution determining insufficiency of protest, can still refer the district on for discussion.

Ken Vein, city engineer, stated that the current alignment is down Belmont Road, and that is where project is currently planned upon, that the City of Grand Forks has entered into an agreement with the County to work with the citizens out there to establish if another alignment is possible or feasible, that a number of citizens want the levee alignment moved farther east to protect them, some don’t, and has been quite controversial. He stated the idea of including that whole area as a potential future assessment was only to be in place if in the future they agreed that this alignment should move, if the alignment would move then they would be able to assess the benefiting property owners, that if the alignment does not move, then say they would not be assessing anybody within that area and council would need to go on record to note that they are not going to assess people who are not benefiting from this project, and he is assuming that the Special Assessment commission or future council would not assess people who do not benefit from the project. He stated that the alignment has the potential to shift, that they have been working with Barr Engineering that has been under contract with the City and County to look at other options and that final report has not come back to the City yet as they try to work out a solution for the final alignment in the area. He stated that noting the area that is included in the map at this time gives the City the greatest leeway for future modifications to the current alignment, that they don’t want to assess anybody who doesn’t benefit from the project.

Council Member Bjerke and Brooks called for the question to delay for two weeks until the council has more information; that Mr. Vein can explain what the effect is and get the resolution at the next council when they establish the line and once the dike line is established, won’t assess anybody on the wet side of the dike. Upon voice vote the motion carried.

Upon call for the motion , and upon voice vote, the motion carried.

Mr. Swanson then stated that it would be appropriate for the council to introduce a motion to adopt a resolution as to insufficiency of protest. Council Member Babinchak introduced the following resolution as to protests, which was presented and read: Document No. 8049 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Christensen that we hereby find and determine an insufficiency of protest against Flood Protection District No. 14, Project No. 4704, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

Mr. Stradley stated that any movement of the levee from its current position the Army Corps of Engineers calls a betterment and they will not pay towards a betterment, the cost of the betterment has to be borne by the local property owners, the betterments they are talking $50,000 on his property, and that they cannot do this to him, and asked council to use some sense on this for a change to quit all the speculation about the levee alignment that the engineering department has come up with, that the fact is that the Corps will not move it, it’s a betterment and we have to pay for it.

COUNCIL MEMBER BURKE EXCUSED

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING FROM 2423 OLSON DRIVE TO
793 EVERGREEN DRIVE

The city auditor reported that the notice of public hearing on the application by Desiree Hapka to move a building from 2423 Olson Drive to 793 Evergreen Drive to be used as a residence had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the matter of application for moving permit to move building by Desiree Hapka to move residence from 2423 Olson Drive to 793 Evergreen Drive, and recommended approval to move the house at 2423 Olson Drive to 793 Evergreen Drive.

It was moved by Council Member Hoff and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that Ms. Hapka be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

APPROVE INSPECTORS AND POLLING PLACES FOR
GENERAL ELECTION

The city auditor presented and read the listing of inspectors at the polling places for the several precincts in the wards for the General Election to be held November 7, 2000. It was moved by Council Member Babinchak and seconded by Council Member Lunak that the polling place for the Ward 1, Precinct 1, be changed from the Army Reserve Facility to the Public Works Facility, that the inspectors for the polling places be and are hereby approved, and further that the hours of election be established as 7:00 a.m. to 8:00 p.m.. Carried 12 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the statement of cash report as of August 31, 2000. It was moved by Council Member Lunak and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-17, dated October 2, 2000, and totaling $1,317,227.99, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Lunak and seconded by Council Member Klave that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills order paid.

COUNCIL MEMBER BAKKEN EXCUSED

REFER ITEMS BACK TO COMMITTEE

Mayor Brown asked if there were any items that should be referred back to committee for further discussion.
It was moved by Council Member Babinchak and seconded by Council Klave to send the matter of the ordinance repealing Article 2 of Chapter XXIV of the Grand Forks City Code relating to the events center commission and enacting Article 2 of Chapter XXIV of the Grand Forks City Code back to the Events Center Core Committee for further consideration. Carried 11 votes affirmative.

RECESS

Mayor Brown called for a 10-minute recess at 9:20 p.m.

The city council reconvened at 9:30 p.m. with all members present except Council Members Lunak and Glassheim.

REFER MATTER OF COMPLAINTS BY HENRY
VALDUR BACK TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of ADA complaints by Henry Valdur, and recommended to receive and file.

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

Mr. Valdur stated this was in regards to the last city council meeting he was at, and asked if Mr. Swanson still holds that his dog is not a service animal. Mr. Swanson stated that as defined by the North Dakota Century Code he does not know if Mr. Valdur’s dog has received any training for visual aid. Mr. Valdur stated that he received a packet from Council Member Glassheim.

COUNCIL MEMBER GLASSHEIM REPORTED BACK

Council Member Brooks stated this matter had been referred to the first finance committee meeting in September, that Mr. Valdur was not present at that meeting, and that the finance committee held that matter for an additional two weeks, and again Mr. Valdur was not present. Council Member Babinchak moved to send this back to committee, Council Member Kreun seconded the motion. Upon roll call the following voted “aye”: Council Members Christensen, Klave, Babinchak, Bakken, Kreun, Bjerke, Hoff, Burke, Gershman - 9; voting “nay”: Council Member Brooks, Hamerlik, Glassheim - 3. Mayor Brown declared the motion carried.

Mr. Valdur was informed that the next finance committee will be held on October 10, 2000 at 5:15 p.m.

Council Member Glassheim stated that it is his understanding of the research done by legislative counsel is that this is not a city matter but it’s a civil matter between Mr. Valdur and any public accommodation. Mr. Valdur stated that the city council is not enforcing the laws which he presented at a previous council meeting.

DEFEAT MOTION TO ESTABLISH A CONTINGENCY FUND

Committee No. 1, Finance, reported having considered the matter of contingency budget for 2001, and recommended to establish a contingency fund in the amount of $200,000.
It was moved by Council Member Bjerke and seconded by Council Member Gershman that this recommendation be and is hereby approved.

Council Member Brooks stated he would like to establish some restraint on the council, that we have established how much we are going to have for emergencies rather than continually having people present requests for funding and then request city auditor as to where funding can come up; that he wants a set amount that they can stay within.

It was moved by Council Member Bjerke and seconded by Council Member Burke that the motion be amended that any more going into the excess sales tax will require a super majority of the vote of the council

COUNCIL MEMBER LUNAK REPORTED BACK

Mr. Swanson stated that a super majority without definition would be ambiguous, but they could adopt a procedural rule that any such votes require two-thirds, but it would be his recommendation that you give consideration to adopting it by ordinance so that it is contained within the Code. He stated if they wished to adopt it by procedural method and that procedural motion would only last as long as this council is in existence, and if inclined to adopt it on a long term basis, it would be his recommendation that you include it in the Code and adopt as an ordinance form.

Council Member Bjerke clarified his motion which would be two-thirds of the council members present. Mr. Swanson stated that as he understands the amendment it would require a two-thirds vote of those council members present to utilize excess sales tax carryover for expenditures. Council Member Bjerke stated his amendment would apply only to the $200,000.

Council Member Burke asked if Council Member Bjerke would accept a friendly amendment, and that the motion from finance is to provide for a $200,000 contingency fund, and that money be available to be spent with a simple majority and that any monies above the $200,000 contingency fund require the super majority of two-thirds vote. Mr. Swanson ruled that would be outside the scope of the initial motion and would require separate action.

Upon call for the question of the amendment and upon voice vote, the motion failed.

Upon call for the question on the original motion and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Burke, Gershman - 4; voting “nay”: Council Members Christensen, Klave, Babinchak, Bakken, Kreun, Hoff, Hamerlik, Glassheim, Lunak - 9. Mayor Brown declared the motion defeated.

DETERMINE CONTRACTING POSITION(S) OF CITY
ENGINEER AND DIRECTOR OF PUBLIC WORKS ND
REFER TO PUBLIC SERVICE TO DETERMINE WHETHER
ONE OR TWO POSITIONS

Committee No. 1, Finance, reported having considered the matter of employment of public works director and city engineer when permanently appointed so council can discuss whether one position, contractual, or other matters pertaining to those positions, and recommended a) to ask public service to consider whether or not the public works director and city engineer should be a combined or split position in coordination with our administrative coordinator and come back to city council with that recommendation; and b) that the public works director and city engineer positions be contracted.

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

Council Member Babinchak moved to delete portion b); Council Member Bakken seconded the motion.

Council Member Hamerlik stated that the motion contained three parts; first part had to do with whether or not the current position should be split (city engineer and director of public works), and that should be a public service committee’s decision; second issue was whether or not there was a contract or non-contract for these positions, that they heard from the administrative coordinator and human resources director and committee passed a motion that it be referred to this group that it be a contracted position; and third item had to do with the contract agreement as to how far we extend the circulation and advertisement and were told that in a contracted position it goes outside but if it’s a regular position or civil service, it stays inside first, and if it goes outside any inside person has the opportunity to apply and not understanding why the motion should be separate.

After some discussion and upon call for the question on the amendment to the motion, and upon voice vote, the motion was defeated.

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

CONSIDER MATTER OF FINANCING SIGNAGE AND
SCOREBOARD FOR THE ALERUS

Committee No. 1, Finance, reported having considered the matter of financing signage and scoreboard for The Alerus, and recommended to award the lease package for the acquisition and installation of scoreboards and various signage in and about the Alerus Center to the First National Bank of Montevideo.

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

The city auditor reported that he had made a judgment call to limit the number of RFP’s that were sent out, not understanding the amount of interest that there would be, and would recommend that they amend the motion to reject the lease package and re-open the bids with further distribution of RFP’s.

Council Members Hamerlik and Brooks withdrew their motion.

It was moved by Council Member Hamerlik and seconded by Council Member Klave to reject the lease agreement proposal and to reopen bids for further distribution with bids to come back within 60 days.

Council Member Gershman asked to be excused from voting on this matter. It was moved by Council Members Hamerlik and Klave that Council Member Gershman be allowed to abstain from voting. Carried 12 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Gershman abstaining.
APPROVE BUDGET AMENDMENTS

A request for budget amendment for Local Health Services (Health Department) in the amount of $2,476.00 to reflect additional revenue, equalization of city and grant fiscal cycles, was presented and read.

A request for budget amendment for the Police Department in the amount of $990.00 to reflect revenue from target law enforcement grant award to purchase an editing VCR, was presented and read.

A request for budget amendment for the Police Department in the amount of $176.63, to reflect revenue from Neighborhood Watch grant for reimbursement of overtime, was presented and read.

A request for budget amendment for the Police Department in the amount of $1,828.12, to reflect Edward Byrne grant for reimbursement for GREAT Program, was presented and read.

A request for budget amendment for the Police Department in the amount of $65.00 for witness fees for police officers, was presented and read.

A request for budget amendment for the Police Department in the amount of $4,237.50 to reflect Department of Transportation grant reimbursement for tire deflectors and radar equipment, was presented and read.

A request for budget amendment for the Police Department in the amount of $39,550.48 to reflect grant for juvenile officer and for juvenile investigator, for January through August, 2000, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 12 votes affirmative, Council Member Brooks voted against the motions.

APPROVE CHANGE ORDER FOR SOUTHEND FIRE
STATION

Committee No. 2, Public Safety, reported having considered the matter of change orders for the Southend Fire Station, and recommended approval of a change order to Hope Electric in the amount of $4,268, and a change order to Baukol Construction in the amount of $10,492, both for the Southend Fire Station.

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 Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

ACCEPT BIDS FOR SALT AND SAND

Committee No. 3, Public Service, reported having considered the matter of bids for salt and sand, and recommended a) to approve the low bid from Torgerson Trucking in the amount of $7.45/ton contingent upon passing the sieve test; and b) to approve the low bid from Cutler Magner in the amount of $35.60/ton ($11,570).
It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

AUTHORIZE GREENWAY STAFF TO PURSUE GARRISON
C-DISTRICT RECREATION FUNDS

Committee No. 3, Public Service, reported having considered the matter of Greenway Alliance recommendations: c) request to authorize Greenway staff to pursue Garrison C- District Recreation Funds, and recommended to authorize Greenway staff to pursue Garrison C-District Recreation Funds.

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

AUTHORIZE SALE OF SURPLUS PROPERTY

Committee No. 3, Public Service, reported having considered the matter of surplus property at 101 Euclid Avenue, 1406 Lewis Blvd. and 1017 Lanark Avenue, and recommended to authorize the sale of 101 Euclid Avenue, 1406 Lewis Blvd. and 1017 Lanark Avenue.

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

APPROVE SALE OF SURPLUS PROPERTY

Committee No. 3, Public Service, reported having considered the matter of sale of property at 120 Spruce Court, and recommended that we sell 120 Spruce Court to the former owner for the original selling price with the contingency that they are responsible to find a suitable route for moving the house to its new location.

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

APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECT NO. 4371, WASTEWATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements, Amendment No. 1, Design/Wastewater Treatment Plant, KBM, Inc., Project No. 4371, and recommended approval of Amendment No. 2, Project No. 4371 to KBM, Inc. for design for the Wastewater Treatment Plant in the amount of $80,500.20.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4371, WASTEWATER TREAT-
MENT PLANT

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 1, construction period services for Wastewater Treatment Plant, KBM, Inc., City Project No. 4371, and recommended approval of Amendment No. 1 to KBM, Inc. for construction period services for the Wastewater Treatment Plant, Project No. 4371, in the amount of $29,500.00.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH NDDOT FOR
PAVING PROJECT NO. 5089

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement for Project No. 5089, paving North Washington Street from 8th Avenue North to Gateway Drive, and recommended approval of a cost participation and maintenance agreement for Project No. 5089, paving North Washington Street from 8th Avenue North to Gateway Drive (with City’s estimated share being $372,538.00 which includes up-sizing the storm sewer system from 13th Avenue North to 8th Avenue North).

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, WSN, FOR PROJECT NO. 4824, MILL AND
OVERLAY STREETS CITY-WIDE

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 4, additional work, WSN, Project No. 4824, Mill and Overlay Streets City-wide, and recommended approval of Amendment No. 4, additional work) to Widseth Smith Nolting, Project No. 4824, Mill and Overlay of Streets city-wide (in an amount not to exceed $30,000).

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4824.2

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4824.2, Mill and Overlay Streets City-wide Phase II, Change Order No. 5, and recommended approval of Change Order No. 5 to White Properties, Inc., dba Valley Contracting Company for Project No. 4824.2, Mill and Overlay Streets city-wide Phase II with no adjustment.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4669.3
SOUTHEND DRAINWAY, 2B

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.3, Southend Drainway Phase 2B, Change Order No. 4, and recommended approval of Change Order No. 4 in the amount of $51,300 to Zavoral and Sons for Project No. 4669.3, Southend Drainway Phase 2B.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 5048, DISTRICT NO. 563

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5048, Phase I, District No. 563, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue south from 35th to 42nd Streets, and 11th Avenue South from 40th to 42nd Streets, Change Order No. 3, and recommended to approve Change Order No. 3 in the amount of $4,110.49 to Nodak Contracting for Project No. 5048, Phase I, District No. 563, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue South from 35th to 42nd Street, and 11th Avenue South from 40th to 42nd Streets.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDERS FOR PAVING PROJECT
NO. 4225.1 AND PAVING PROJECT NO. 4655.1

Committee No. 3, Public Service, reported having considered the change orders for Project No. 4225.1, paving South Washington Street from Hammerling to 26th Avenue South, Change Order No. 13; and for Project No. 4655.1, paving South Washington Street from 26th to 34th Avenues South, Change Order No. 7, and recommended to approve Change Order No. 13 to Strata Corporation in the amount of $1,144.00 for Project No. 4225.1, paving South Washington from Hammerling to 26th Avenue South, and Change Order No. 7 in the amount of $286.00 for Project No. 4655.1, paving South Washington from 26th to 34th Avenues South.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5104,
2000 CONCRETE STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of change order for project No. 5104, 2000 Concrete Street Repair, Change Order No. 2, and recommended approval of Change Order No. 2 in the amount of $50,000 to Tony Anderson Construction for Project No. 5104, 2000 Concrete Street Repair.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE GREENWAY ALLIANCE RECOMMENDATIONS
TO INCLUDE PEDESTRIAN BRIDGE FOR DOWNTOWN AREA
AND AUTHORIZE STAFF TO PROCEED WITH GRANT REQUEST
ON A PARALLEL TRACK

Committee No. 3, Public Service, reported having considered the matter of Greenway Alliance recommendations: a) to include a pedestrian bridge for the downtown area in the US Corps of Engineers Recreation Features Project, and recommended a) to include a pedestrian bridge in the downtown area as part of the COE recreation features project; and b) to authorize staff to proceed with the grant request on a parallel track.

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

Council Member Bjerke questioned the cost of a detailed survey that was outlined in the Greenway Alliance minutes; and Melanie Parvey-Biby, greenway staff, stated that the survey was done by a Greenway Alliance member and no payment fees.

Council Member Bjerke stated that we have a plan to spend $5 million in betterments on greenway, and that we’re going to have a pedestrian bridge by Riverside, by Lincoln, one on East Side, the Sorlie Bridge that can be used for pedestrian traffic and now looking at another bridge, and not to assume that just because it’s a grant that it’s free.

Earl Haugen, MPO, stated that as a part of the long-range transportation plan they have a bikeway section, and does include additional non-motorized crossings of the Red River and there’s one similar up in the Riverside area, there’s one downtown, one in Lincoln area and each basic mile south there are 20-year long range transportation plans for additional river crossings for non-motorized traffic from Grand Forks to East Grand Forks over the Red River. He stated that the Greenway Recreational Facilities that the Corps has approved and council has approved include a pedestrian or non-motorized vehicle bridge in the general vicinity of Riverside and in the Lincoln Drive area and third one in the Corps plan that’s in East Grand Forks over the Red Lake River and the MPO Transportation Plan and the City’s Comprehensive Plan Transportation Element there are in addition to those bridges proposed at 32nd and 47th in a 20-year horizon, longer term than the greenway development. Council Member Kreun stated there has been a tremendous amount of interest in this particular bridge, that they have contacted the Corps of Engineers and the MPO, that there are monies available to help with an additional bridge, and not much sense to put the walk bridge by the Lincoln Park area because it eliminates the potential for a riverboat, and been with Corps and others, that the Corps is very rigid in their particular stance, but there is a portion of the enhancement of our complete greenway process to have a riverboat, and might be able to eliminate that one and transfer some of those funds into the walkway bridge that is being torn down now, and going parallel with that particular train of thought along with the funding greenway staff has come up with, and it’s a 50-50 match with East Grand Forks, they would come up with $1 million and City of Grand Forks would come up with $1 million and in reference to Mr. Bjerke’s comment, some of that would come out of the betterment monies of our contingency that we have set aside for the greenway fund, and that’s why we have that fund so we can match some dollars and enhance our complete project, that this is an enhancement for all the people in Grand Forks and East Grand Forks, and that we would recommend that we go down both methods to see which can come up with. Council Member Burke stated there was a presentation at the Bikeway Committee relative to other possibilities for funding and it seems to indicate that we would be better off if the Corps did not participate in this because we would be eligible for additional funds if the other grant and the possibility that between 75 and 100% of this bridge could be picked up with several different grant funds.

Council Member Gershman stated that the Sorlie Bridge pedestrian walkway is not ADA compatible; and asked if it met federal standards. Mr. Grasser stated that the Sorlie does not meet the typical standards we have for bikeways and walkways; that they’ve heard from organizations recommending that we pursue a downtown bridge to replace the NP bridge, and replacement bridge would be set up higher and would meet all of the transportation requirements, and ADA requirements.

Council Member Christensen stated he understood from the MPO meeting that the study to pursue the grant would cost an est. $13,000, that after the study is back then could decide if want to go forward with a bridge, but first need to find out if have the money, and enhancements, and suggested modifying the motion to spend the money for the study.

Council Member Klave stated that the Corps will not look at anything unless we make a recommendation, and all we are doing is to ask the Corps look at a replacement bridge because we are losing the one that’s there; and if we don’t forward the motion, the Corps will not go anywhere with it.

Council Member Gershman called for the question, Council Member Bjerke seconded the motion. Carried 13 votes affirmative.

Upon roll call vote, the following voted “aye”: Council Members Klave, Babinchak, Bakken, Kreun, Hoff, Hamerlik, Glassheim, Gershman - 8; voting “nay”: Council Members Brooks, Bjerke, Burke, Lunak, Christensen - 5. Mayor Brown declared the motion carried.

REQUEST MPO TO EXECUTE ALTERNATE STUDY OF NON-
MOTORIZED BRIDGE CROSSING OF RED AND RED LAKE RIVERS
Committee No. 3, Public Service, reported having considered the matter of Greenway Alliance recommendation to request that the MPO execute Bonestroo’s study alternative for pedestrian bridge in the downtown area, and recommended to request the MPO to execute Bonestroo’s alternative study (downtown site) of non-motorized bridge crossing of the Red River and Red Lake River.

It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved; and upon voice vote the motion carried.

APPROVE AMENDMENT TO ENVIRONMENTAL SERVICE
AGREEMENT, HAZARDOUS WASTE CLEANUP, HPC,
PROJECT NO. 4956

Committee No. 3, Public Service, reported having considered the matter of amendment to Environmental Service Agreement, Hazardous Waste Cleanup, HPC, City Project No. 4956, and recommended to approve the amendment to the Environmental Service Agreement, Hazardous Waste Cleanup, HPC, Project No. 4956, in the amount of $6,800.00.

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

Mike Yavarow, engineer, stated this is a contract we have with High Plains Consortium to investigate four areas that were found by the Corps of Engineers to require further investigation by the City prior to the construction of dikes in the city, and this is for additional services beyond the scope to complete the report and what came out of the report is NSP cleaning up the waste site and this is for additional monitoring of NSP of their consultants and coordination with the State Health Department.

COUNCIL MEMBER GERSHMAN EXCUSED

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 5151, INTERSECTION IMPROVEMENTS
AT GATEWAY DRIVE AND CAMBRIDGE STREET

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (study) for Project No. 5151, intersection improvements at Gateway Drive and Cambridge Street and recommended approval of an agreement with the Howard R. Green Co. for engineering services (study) for Project No. 5151, intersection improvements at Gateway and Cambridge (at a cost of $6,320.00).

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

Al Grasser, assistant city engineer, stated that we’ve identified some operational deficiencies at that intersection and are also dealing with traffic impacts from the Bronson Property, the Bronson Property development has occurred since our last transpiration plan, and have some ideas as to how to improve that and are looking at the potential of putting a signalized intersection at Cambridge but before the DOT will allow us to pursue that they have a number of questions they want answered, detailed traffic engineering analysis, and are looking to hire a consultant to do that.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

COUNCIL MEMBER GERSHMAN REPORTED BACK

AWARD BIDS FOR PROJECTS NOS. 4809 AND 4811,
UPGRADE LIFT STATIONS NO. 1 AND NO. 5

Committee No. 3, Public Service, reported having considered the matter of construction bids for Lift Stations No. 1 and No. 5, Projects Nos. 4809 and 4811, and recommended that we allow Moorhead Construction, Inc. to withdraw their bid without affecting bid bond, and to award bid under Schedule B as follows: General Construction to Construction Engineers, Ltd. in the amount of $1,238,817.00; Electrical Construction to Rick Electric, Inc. in the amount of $321,354.00; and Mechanical Construction to McFarlane Sheet Metal in the amount of $35,600.00.

It was moved by Council Member Glassheim and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

DIRECT THAT CITY PROVIDE FUNDS TOWARDS
ROOF REMOVAL OF 815 ALMONTE AVENUE

Committee No. 3, Public Service, reported having considered the matter of roof removal of 815 Almonte Avenue, and recommended that the City provide an amount not to exceed $12,800 towards removal of the roof of the house.

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

Council Member Kreun stated that this was a house that was purchased and to be moved by the existing owners, that they’ve looked for several different ways of transporting that house out of that area and due to the trees in that area they are not able to move that house without damaging the trees to extent that cannot be repaired, and felt it was better to remove the roof and some of the overhang so that the trees wouldn’t be damaged in those areas.

Council Member Christensen asked why the City was paying $12,800 to remove the roof when they bought the house. Mr. Yavarow reported that only one bid was received for that house which was the minimum bid of $1,000 and that was from the previous owners of the property.

Scott Ripplinger, 815 Almonte, stated they took several routes to the Park District which were not approved, and took 8th Avenue South route and Park District stated if they could get permission from the homeowners they would trim the trees through that route, that they received permission from the property owners on 8th Avenue and once they agreed started construction on a new basement and subsequently two of them changed their minds and didn’t want their trees trimmed, now have $32,000 basement with no house, that they cannot move the house without taking the roof off and cannot afford to do it on their own and asked for help.

After further discussion Council Members Glassheim and Gershman moved to the question. Carried 13 votes affirmative.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE REQUEST TO LEASE PROPERTY AT 701
SOUTH 5TH STREET TO PRAIRIE HARVEST FOR FOSTER
HOME FACILITY LOCATION

Committee No. 4, Urban Development, reported having considered the matter of request from Prairie Harvest for foster home facility location at 701 South 5th Street, and recommended to lease 701 South 5th Street at $1/year with Prairie Harvest being responsible for insurance and taxes, contingent upon a survey of the neighbors and the COE.

It was moved by Council Member Burke and seconded by Council Member Lunak that this recommendation be and is hereby approved. It was moved by Council Member Klave and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

AUTHORIZE SOLICITING OF BIDS FOR HAZARDOUS
MATERIALS ABATEMENT AT VARIOUS LOCATIONS

Committee No. 4, Urban Development, reported having considered the matter of authorization to solicit bids for hazardous materials abatement, and recommended to authorize bids for the abatement of the following properties: 3137 and 3205 E. Elmwood Drive, 1023 Lincoln Drive, 506 and 610 Plum Avenues and 401, 407 415 and 505 Pakenham.

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

APPROVE COST MATRIX BUDGET TRANSFERS

Committee No. 4, Urban Development, reported having considered the matter of cost matrix budget transfers, and recommended to approve the cost matrix budget transfers (as of September 20, 2000).

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

APPROVE MORTENSON CHANGE ORDERS FOR THE
CORPORATE CENTER

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval of (deductive) change orders to Lunseth Plumbing and Health in the amount of ($9,080 and $9,710) for the Corporate Center and a change order to Construction Engineers in the amount of $3,630 for the Corporate Center.

It was moved by Council Member Burke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDERS FOR HISTORIC REHABS

Committee No. 4, Urban Development, reported having considered the matter of change orders for historic rehab, and recommended to approve a change order to Innes Construction in the amount of $27,365.00 for work on 310-312 5th Avenue North, 505-507 North 3rd Street and 523 North 3rd Street; a change order to Dick Wilhelmi Construction in the amount of $85 for work on 21 Seward Avenue and two change orders to The Craftsman, Inc. in the amount of $980.00 and $1,900.00 for work on 1424 University Avenue.

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

Council Member Brooks questioned how these houses become property of the Housing Authority. John O’Leary, Urban Development, reported that a number of these properties were given to non-profit corporations, some to the Housing Authority, some to other non-profit organizations (Harvest Homes, etc.) and some are to be sold; duplexes on the north end were and remain to be rental units and given to the Housing Authority.

Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none.
Mayor Brown declared the motion carried.

APPROVE 2001 CDBG ENTITLEMENT PUBLIC SERVICE
ALLOCATION

Committee No. 4, Urban Development, reported having considered the matter of 2001 CDBG Entitlement public service allocation, and recommended to approve the 2001 CDBG Entitlement public service allocation.

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

Council Member Burke questioned the amount of money that is retained for administration of the grants and addressed the larger issue which the council dealt with last time they approved the CDBG Program, and that total as proposed is $1.1 million, about $550,000 coming from the federal government and another $550,000 from Program income, that the City is allowed to retain 20% of that for administration and that’s what was approved, $220,000; and now that they have the United Way handling a portion of that money which goes for public service projects, they are allowed to retain some of that money to administer the work that they do, and that amount is 10% of the $125,000 or $12,500 that United Way gets to administer that portion of the program, and that he suggested in committee last week that we reduce the amount of money that the Urban Development Department retains for administration to off-set the amount that the United Way would get for its administrative services. He moved to amend the motion to reduce the amount of money that the Urban Development Department retains for administration by the amount that United Way will use for administration, and that the Urban Development contract for administrative services with United Way from its administrative fees and that all of the money that United Way is then granted out so that we have the benefit of that money on the street.

Council Member Burke stated that the amendment to the motion is to reduce the amount of administration funds retained by the Urban Development Department by $12,500.00 and that the United Way disburse all of its sub-granted money and that the Urban Development Department contract and provide United Way with funds for their administrative expenses. Council Member Lunak seconded the motion.

John O’Leary, Urban Development, stated that when they first introduced the concept of passing through the public service money to United Way, they were asked by United Way whether it would be possible to use part of that pass-through funds for their project administration, and they were encouraged to do that because it’s a very common practice for us to make any sub-grantee responsible for some of the administrative expenses that are involved, they are called program delivery costs when in a sub-recipient’s hands, they’re not administration, a program delivery cost, and can come out of the grant that we give to that sub-recipient; in this particular case it was looked at as a way to support United Way. He stated United Way serves many of the same clients that the other non-profits serve and are trying to streamline the process that we go through, by not being duplicate of what we already do on the city level when we pass through these funds. He said he encouraged them to attach an administrative line item to their budget, this, however, does not reduce your liability, your responsibility on how those funds are expended. A small part of the administrative burden has to do with the actual program delivery cost, you have tens of thousands of dollars invested in the training and education of staff and their job is to keep you out of trouble (program training opportunities in Denver, lead based paint, consolidated plans, on historic preservation, etc.) and doing a good job of administrating those funds and if you would like to delegate that to United Way you are also delegating the responsibility of the administration of those funds, and not sure United Way is in favor of taking on that administration, and he is not going to be responsible for passing that obligation from his staff to somebody else, and if choose to do that, he would have to shed all responsibility of how they expend their funds, and can’t be responsible as a department head for activities in a sub-recipient and not be given the administrative capacity to enforce that responsibility. He asked that they vote against the amendment, and that they spend thousands of hours preparing a consolidated plan and council only sees the finished product and without a consolidated plan you don’t get a grant, and the consolidated plan means that you end up talking to all the service agencies and not just the ones that are delivering soft services, counseling and the like, have to do consolidate plan that deals with the bricks and mortar side, the other side you don’t see is the federal regulations and staff has to know the lead base paint requirements, historic preservation requirements, etc. that you don’t see on the public service side, that there are audit requirements. He stated that by providing an administrative fee to United Way, is supporting a non-profit corporation that effectively delivers services to our low and moderate population, we are enhancing their capacity to go out and raise other money and have enabled them to strengthen their administrative capacity by giving them administrative funds; and doesn’t think this is a duplication of services.
Mr. O’Leary stated that their budget is extraordinarily tight at Urban Development, that they go through $14 million in the Office of Urban Development and one of the programs they administrate is the HOME Program and that only allows 7% administrative fee, because most of the agencies that administrate HOME funds also have CDBG Entitlement funds, and with the CDBG Entitlement funds they supplement other programs available through HUD and EDA so can deliver those services. He stated if they cut their funds by $12,500 it would decrease the level of services that are available that leverage those dollars many times over, because he has to decrease the services, that they don’t have a revenue stream coming into the office of Urban Development from the City of Grand Forks out of the General Fund, that everything that they do is charged back to the program that they deliver it to.

Council Member Christensen questioned where they would get the $12,800 to cover the roof of the house at 815 Almonte Avenue for Mr. Ripplinger. Mr. O’Leary stated that what he suggested to the Public Service committee was to decrease the revenue stream from the sale of properties that the City has acquired.

Mr. O’Leary stated that Mr. Burke told him that the administrative burden is being taken over by United Way, but that it’s not proportionate, that they can take $10-12,000 out of the CDBG admin. budget but have to have some revenue stream.

Council Members Lunak and Bjerke moved the question. Carried 13 votes affirmative.

Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Burke, Lunak, Christensen - 5; voting “nay”: Council Members Babinchak, Bakken, Kreun, Hoff, Hamerlik, Glassheim, Gershman, Klave - 8. Mayor Brown declared the amendment defeated.

Upon call for the question on the motion and upon voice vote, the motion carried 13 votes affirmative.

APPROVE SALE OF SURPLUS PROPERTY - RESIDENTIAL
LOTS

Committee No. 4, Urban Development, reported having considered the matter of surplus property bidding - residential lots, and recommended to approve the sale of 515 park Drive to Billy and Elizabeth Pauley in the amount of $20,000; 1501 North 4th Street to Fred Madsen in the amount of $300; 313 7th Avenue North to Joshua Rauh in the amount of $150; 317 8th Avenue North to Chad Gregoirie in the amount of $150; 117 9th Avenue North to Paul Aslakson in the amount of $210; 315 9th Avenue South to David Glessner in the amount of $100; 916 North 15th Street to Wallace Osen in the amount of $159.16; 322 Cottonwood to Audrey Ripper in the amount of $100; 21 Fenton venue to Bruce Marden in the amount of $150; and 602 Walnut to Dean W. Anderson in the amount of $1,450 as well as a recommendation that the bid from Suzanne Wedin for 3412 6th Avenue North be rejected and returned and that the property be listed for sale at its current market value ($23,300).

It was moved by Council Member Burke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

CONTINUE NIGHT BUS SERVICE UNTIL END OF OCTOBER
The Bus Committee reported having considered the matter of continuing night bus service until the end of October and to bring back to October bus committee meeting, and recommended approval.

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

Council Member Hamerlik stated that the contract for night service runs out the end of September, and that it runs about $50 to $60,000 a year, that they have an application in but haven’t heard and that they authorized the spending of $5,000 or less of bus money for one month with a sunset clause the end of October and to be reviewed at their October meeting and if they get a grant, it will be retroactive to October 1.

Todd Feland reported that Congress has not appropriated the money as yet, that it is a 50-50 grant, 50% of City’s money and 50% of a federal grant, that it’s one route and have good sense that they will get the grant but the money has not been allocated by the federal government; that grant is on an accrual basis, we spend the money and draw down the federal grant first.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: Council Member Brooks, Bjerke - 2. Mayor Brown declared the motion carried.

APPROVE BUDGET AMENDMENT

A request for budget amendment for the Public Transportation Department in the amount of $50,000 to eliminate line item deficits was presented and read. It was moved by Council Member Bakken and seconded by Council Member Hamerlik that this budget amendment be approved. Carried 12 votes affirmative; Council Member Brooks voted against the motion.

AWARD CONTRACT OF SIGNAGE AT ALERUS

The Events Center Core Committee reported having considered the matter of Bid Package 9, Contract Category 51 and 52, and recommended that we award the contract for signage to Daktronics, Inc. for their combined low bid of $1,676,752.00.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

APPROVE ALERUS CENTER USAGE CONTRACTS

The Events Center Core Committee reported having considered the matter of approval of Alerus Center usage contract, Alerus meeting room contract, and Alerus Center wedding rental contract, and recommended that we approve the Alerus Center usage, meeting room and wedding rental contract forms and approve the use of them by Compass Facility Management.

It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.

APPROVE APPOINTMENT TO BIKEWAY COMMITTEE

Mayor Brown announced the appointment of Bruce Kopp to the Bikeway Committee and asked for concurrence in this appointment. It was moved by Council Member Lunak and seconded by Council Member Klave that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPOINTMENT TO MAYOR’S COMMITTEE ON
EMPLOYMENT OF PEOPLE W/DISABILITIES

Mayor Brown announced the appointment of Corey Birkholz to the Mayor’s Committee on Employment of People w/Disabilities and asked for concurrence in this appointment. It was moved by Council Member Lunak and seconded by Council Member Babinchak that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects: Regular Estimate Summary, $5,213,545.65; Flood Estimate Summary, $582,291.65; and CDBG Estimate Summary, $1,811, 285.22; totaling $7,607,122.52.

It was moved by Council Member Lunak and seconded by Council Member Kreun that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 13; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Project No. 4582, Storm Sewer District No. 380; Project No. 4971, Tower Level Controls; Project No. 4981, Upgrade Lift Station #14, Schedule B, General; Project No. 5042, 7mg Reservoir Modifications; Project No. 5106, 2000 ADA Curb Ramp Construction; Project No. 4698, Industrial Park Pump Station; Project No. 4970, University Tower Supply Line; Project No. 4982, Upgrade Lift Station #15, Schedule B, General; Project No. 4757.1, Downtown Curb and Gutter.

It was moved by Council Member Lunak and seconded by Council Member Klave that these recommendations be and are hereby approved. Carried 13 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to council for referral and/or information to the committees and department heads for consideration.

1) Council Member Gershman stated that Richard Warne, administrative coordinator, take charge of the senior bus issue and working with the bus committee and staff to get a date and report back to council. Council Member Hamerlik stated that Mr. Warne is working on the bus issue, and that the Bus staff was very cooperative and everything is in order and will come back with a date certain.
2) Council Member Hoff questioned when the matter of issue at executive session will become public; Mr. Swanson stated that his office does not release press releases or make announcements. Council Member Hoff asked for a copy of that document.
3) Council Member Hoff stated that the sanitation survey showed that 52% of public favored mandatory recycling; and that we need to move ahead with this and suggested to begin with aluminum and newsprint because there are markets that exist for this.
4) Council Member Bjerke presented the matter of the bus and 4 mills and that it’s a violation of the ballot initiative and asked the city attorney additional information and a legal opinion as to what the City is doing; that if we are at 4.78 mills and not allowed to spend that much what is obligation of the council. Council Member Brooks asked that all members receive a copy of the opinion.
5) Council Member Kreun presented the matter of request from Red Pepper to place concrete on berm on University Avenue, 1000 block; the matter was referred the public service committee.
6) Council Member Kreun reported that 42nd Street is open from DeMers to University, that project was done under budget and prior to completion date.
7) Council Member Bakken reported that there is a change in meeting date of public safety committee, that the committee will meet on Thursday, October 12 at 4:30 p.m.
8) Council Member Christensen presented the matter of placing a 5% limit on change orders on projects so staff can monitor the project, and over 5% to go back to council; the matter was referred to the public service committee.

APPROVE CHANGE ORDER FOR TOWN SQUARE

The city auditor reported that public service reviewed a change order for the Town Square and recommended that we amend the Baukol Builders contract on Town Square to include a sound system for an amount not to exceed $12,542.00.

It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 12; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.

REJECT PROPOSAL FOR HOTEL NEGOTIATIONS FOR
ALERUS CENTER AND PURSUE OTHER OPPORTUNITIES

The Events Center Core Committee reported having considered the matter of Alerus Center hotel negotiations, and recommended that we draft a letter to be sent to the Canadian group stating that we are rejecting their original proposal for the hotel and as a committee we will pursue other opportunities for a hotel and if they would like to submit additional proposals they can.

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

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Gershman that we do now adjourn until Monday, October 16, 2000 at 7:30 p.m. Carried 13 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_______________________________
Michael R. Brown, Mayor