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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 20, 1997

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, October 20, 1997 at the hour of 7:00 p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; absent: none; 2 seats vacant.

Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.

VIDEO PRESENTATION RE. GRAND FORKS YOUTH
DISASTER MARSHALL PLAN

Mayor Owens announced that video presentation would be made by John Staley, director of Park District on Grand Forks Youth Disaster Marshall Plan, and that this is a result of $1 Million that was obtained through a grant from Department of Health and Human Services, that we received the funding and this is a result of it.

Mr. Staley reported that they put film together to document what they were doing with the money, that he took film to Washington, DC as they wanted to know what we were doing and for accountability. He stated that this was unique grant that was very different than what department ever done before, and that this illus-trates good things that local government has done this summer. He stated that they have had great partnership with urban development as they worked together on this. The video was viewed by council and audience.

ADOPT ORDINANCE NO. 3681, RELATING TO
VACATION LEAVE

An ordinance entitled "An ordinance amending Section 6-0807(4) of the Grand Forks City Code relating to vacation leave", which had been introduced and passed on its first reading on October 6, 1997, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3682, ANNEXING LOTS
3 AND 6, BLOCK 3, PERKINS 3RD ADDITION
TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lots 3 and 6, Block 3, perkins 3rd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 6, 1997, was presented and read for consideration on second reading and final passage.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council and had been published as required calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Owens called for the public hearing. There were no comments and the public hearing was closed.

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Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3683, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF STRATA
SECOND ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Strata Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 6, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city Auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Owens called for the public hearing. There were no comments and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4523, DISTRICT NO. 377

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4523, Sewer District No. 377, in the amount of $63,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4524, DISTRICT NO. 250

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4524, Watermain District No. 250, in the amount of $26,600, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make
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on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4525, DISTRICT NO. 378

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4525, Sewer District No. 378, in the amount of $112,900, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4526, DISTRICT NO. 547

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4526, Paving District No. 547, in the amount of $116,100, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4476, DISTRICT NO. 373

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4476, Sewer District No. 373, in the amount of $72,900, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
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October 20, 1997

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4477, DISTRICT NO. 248

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4477, Watermain District No. 248, in the amount of $64,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4478, DISTRICT NO. 374

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4478, Sewer District No. 374, in the amount of $37,600, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4479, DISTRICT NO. 543

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4479, Paving District No. 543, in the amount of $174,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim 15162
October 20, 1997

that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4514, DISTRICT NO. 375

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4514, Sewer District No. 375, in the amount of $93,700, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4515, DISTRICT NO. 249

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4515, Watermain District No. 249, in the amount of $117,400, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4516, DISTRICT NO. 376

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4516, Sewer District No. 376, in the amount of $201,300, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they
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October 20, 1997

be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4310, DISTRICT NO. 105

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4310, Street Lighting District No. 105, in the amount of $9,375, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4455, DISTRICT NO. 111

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4455, Street Lighting District No. 111, in the amount of $28,700, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4484, DISTRICT NO. 113

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4484, Street Lighting District No. 113, in the amount of $9,500, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal,
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October 20, 1997

together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4505, DISTRICT NO. 114

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4505, Street Lighting District No. 114, in the amount of $9,400, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4507, DISTRICT NO. 116

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4507, Street Lighting District No. 116, in the amount of $11,700, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4508, DISTRICT NO. 117

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4508, Street Lighting District No. 117, in the amount of $29,175, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other
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October 20, 1997

taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO.
4571

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Sidewalk Project No. 4571, in the amount of $52,035.34, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK EASEMENT
PROJECT NO. 4593, DISTRICT NO. 15

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4593, Sidewalk Easement District No. 15, in the amount of $3,800, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK EASEMENT
PROJECT NO. 4617, DISTRICT NO. 16

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4617, Sidewalk Easement District No. 16, in the amount of $1,700, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

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October 20, 1997

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4410, DISTRICT NO. 539.1

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4410, Paving District No. 539.1, in the amount of $600,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4418, DISTRICT NO. 542

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4418, Paving District No. 542, in the amount of $1,020,541, and reported that the legal notice to the public that these assess-ments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4562, DISTRICT NO. 379

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4562, Sewer District No. 379, in the amount of $109,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.


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October 20, 1997

APPROVE ASSESSMENTS, SEWER CONNECTION FEES,
PROJECT NO. 1097.0

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 1097.0, in the amount of $33,380.32, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 13 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 4606

The city auditor presented and read the assessments as made by the city health department and/or city engineer and the approval and confirmation of these assessments by the supervising sanitarian and/or city engineer on Project No. 4606, in the amount of $8,521.50, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001.4

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 9001.4, in the amount of $9,410.49, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Owens asked if there was anyone in the audience who had comments make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Glassheim that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 12 votes affirmative.

MATTER OF OPERATING ASSESSMENTS FOR CITY
CENTER MALL AND PARKING AUTHORITY

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October 20, 1997

Committee No. 1, Finance, reported having considered the matter of operating assessments for City Center mall and Parking Authority, and recommended to pay City Center Mall budget from available funds and assess Parking Authority budget of $66,675.00 to the parking assessment district.

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

The city auditor reported that the normal operating budget of the Mall Authority is approximately $159,000/year, there is $37,150 being budgeted over the next term to try to get the facility through the next few months until demolition takes place; that the normal operating budget for the Parking System is approx. $160,000, and the amount to be assessed this year is $66,775; and that the labor is being paid out of these budgets and is going to be paid by the Disaster Assistance Program Grant from the State, and to keep going for timelines they have to until council makes decisions on the downtown development corporation, that there is within both of these entities some fund balances, Mall has $164,872 available in funds, and the Parking Authority has $172,900 available in its funds.

Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

CONTINUE PUBLIC HEARINGS ON APPLICATIONS FOR
MOVING PERMITS TO NOVEMBER 3, 1997

The city auditor reported that the public hearings on the application by David Skavlem to move a building from 27th Avenue North to 729 South 29th Street, and on the application by Joseph A. Freeman to move garage from 610 1st Street NW, East Grand Forks to 1511 12th Avenue South to be used as a garage had been posted but publications did not occur on these as there were some technical problems at the newspaper.

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

It was moved by Council Member Hafner and seconded by Council Member Beyer that the public hearings be continued until November 3, 1997. Carried 12 votes affirmative.

APPROVE ELECTION OFFICIALS FOR SPECIAL ELECTION
TO BE HELD ON NOVEMBER 4, 1997

Committee No. 1, Finance, reported having considered the matter of approval of election officials for special election to be held November 4, 1997, and recommended approval of the listing: Ward 2, Pct. 1: ND School for the Blind, Bev Bale; Ward 2, Pct. 2: Valley Middle School, Bev Lunde; Ward 2, Pct. 3: Wesley United Methodist, Laura Munski; Ward 3, Pct. 1: Winship School, Donna Larson; Ward 3, Pct. 2, Winship School, Cora Como; Ward 3, Pct. 3: Civic Auditorium Shirley Robideaux; and Ward 3, Pct. 4: Police Building, Phil Freeman.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this listing be and is hereby approved. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON PROPOSED PROJECT FOR
VALLEY MEMORIAL AND ISSUANCE OF REVENUE BONDS
AND ADOPT RESOLUTION PRIMARILY AUTHORIZING
ISSUANCE OF MIDA REVENUE BONDS AND AUTHORIZING
PREPARATION OF NECESSARY DOCUMENTS THEREFORE
(VALLEY MEMORIAL HOMES PROJECT)
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October 20, 1997

The city auditor reported that notice of public hearing on a proposed project and the issuance of revenue bonds therefor (Valley Memorial Homes Project) had been published as required, that the proposed project will consist of the acquisition, construction and equipping of an approximately 118-bed nursing home, 60-unit assisted living facility, and 60-unit senior citizen independent living rental housing facility to be located at 4000 24th Avenue South, that the amount of the proposed bond issue shall not exceed $30,000,000 for this purpose; and that the Company has also requested the City to issue revenue bonds for the purpose of refunding the outstanding principal balance of the City's Nursing Home Refunding Revenue Bonds (Valley memorial Homes Project), Series 1989, and the amount of the proposed refunding bond issue shall not exceed $8,250,000.

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.

Council Member Hagness offered the following resolution and moved its adoption: Document No. 7382 - Resolution.

Council Member Sande seconded the above resolution, and, upon vote being taken thereon, the following voted in favor: Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; the following voted against the same: none; and the following were absent: none; whereupon the resolution was declared duly passed and adopted.

REPORTS OF OFFICERS

The city auditor's statement of cash balances through September 30, 1997 was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 12 votes affirmative.

REPORT OF ZONING ADJUSTMENTS

A communication from Bev Collings, secretary, Board of Zoning Adjustments, was presented and read stating that the Board had held a public hearing in City Hall on Thursday, October 2, 1997, that notice had been published as required and that the following appeals were heard: correction to previous meeting's minutes: Jerry Bolessi, McDonalds Corporation, 1125 S. Washington Street, request for variance to the impervious surface area and landscaping requirements, and variance allowing parking setback to be no less than 2 ft., to eliminate the landscaping/bufferyard requirements on the side and rear yards and up to 86% impervious surface area was approved. 1) Garry Pearson, 75 4th Avenue South, request for variance to accessory building requirements to move an existing detached garage, variance approved allowing zero ft. of sideyard setback to move an existing detached garage on the property; 2) Scott Kroke, 1512 5th Avenue North, request for variance to the accessory building requirements to move a garage onto the property, variance approved allowing 7 ft. between the existing home and the new moved onto the site garage, also any required fire separation must be installed on the required walls of the garage; 3) Mitchell Gunderson, 1903 South 10th Street, request for variance to the accessory building and imper-vious surface area requirements to move a garage onto the property, variance approved allowing a garage to be moved to the site no larger than 30'x30' (up to 1,428 sq.ft. in accessory building area) or built on site no larger than 26'x28' (up to 1,256 sq.ft. in accessory building area); 4) CPS on behalf of Grand Forks School District, Belmont Elementary, 407 Chestnut Street, request for variance to the impervious surface area and front yard setback requirements to erect an addition to the building, variance approved allowing a 35 ft. setback to the front yard setback on 4th Ave.S. to construct a future addition and impervious area coverage up to 80% of the property area, and request to visit with the neighborhood on grating the private alley and installing speed bumps was
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approved.

It was moved by Council Member Sand and seconded by Council Member Glassheim that this report be and is hereby received and files. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-16, dated October 20, 1997, and totaling $10,245,060.55, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

ACCEPT PROPOSAL TO CONDUCT EXECUTIVE SEARCH
FOR CITY PLANNER

Committee No. 1, Finance, reported having considered the matter of proposals to conduct executive search for city planner, and recommended to accept the proposal of Corporate Human Services in an amount not to exceed $10,850.00, with expenses not to exceed $4,000.00.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE JOB DESCRIPTION FOR CITY PLANNER

Committee No. 1, Finance, reported having considered the matter of job descrip-tion for city planner and recommended to approve city planner job description.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

INTRODUCE ORDINANCE RELATING TO MEMBERSHIP
OF REGIONAL AIRPORT AUTHORITY

Committee No. 1, Finance, reported having considered the matter of ordinance re. Airport Authority membership, and recommended approval of the ordinance for first reading, and further to include in subsection (1)(c) that member of the council be recommended by the president of the council and confirmed by the Grand Forks city council.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Article 2, Chapter XX, of the Grand Forks City Code relating to the membership of the Regional Airport Authority", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENT

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A budget amendment for the Civic Auditorium in the amount of $9,650.00, cash carryover to purchase a new floor scrubber, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Babinchak that this budget amendment be and is hereby approved. Carried 12 votes affirmative.

APPROVE CHANGE ORDER TO CONTRACT TO REPAIR
SENIOR CITIZENS CENTER

Committee No. 1, Finance, reported having considered the matter of replacement of upper section of windows at Senior Citizens Center, and recommended to approve change order to T.F. Powers contract for replacement of the upper windows in the amount of $18,012.50.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE GRANT AGREEMENTS WITH ND DEPARTMENT
OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with north Dakota Department of Health: Women's Way Cancer Prevention and Control for period October 1, 1997 through June 30, 1998 in the amount of $25,286.00, and recommended approval of the grant agreement contingent upon city attorney's approval.

It was moved by Council Member Bakken and seconded by Council Member Babinchak
that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A budget amendment for the police department in the amount of $1,000 to reflect reimbursement from ND Highway Safety for purchase of radar equipment, was presented and read.

A budget amendment for the police department in the amount of $1,220 to reflect income from flood donations, was presented and read.

A budget amendment for Local Health Services in the amount of $5,763 to reflect adjustment for difference between grant budget fiscal year and city budget year, was presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that these budget amendments be and are hereby approved. Carried 12 votes affirmative.

AUTHORIZE ENTERING INTO NEGOTIATIONS WITH
EAPC FOR ARCHITECTURAL SERVICES FOR NEW FIRE
STATION AT 36TH AVENUE SOUTH AND COLUMBIA ROAD

The city auditor reported that on May 5, 1997 this matter had been tabled indefinitely.

It was moved by Council Member Sande and seconded by Council Member Glassheim to remove this matter from the table for reconsideration. Carried 12 votes affirmative.
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Committee No. 2, Public Safety, reported having considered the matter of new fire station at 36th Avenue South and South Columbia Road, and recommended that we authorize entering into negotiations with EAPC for architectural services for development of plans and specifications for the project, and to include services through the construction phase as an option.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A budget amendment for Adult Abuse in the amount of $3,600.00 for release of rental funds for the third and fourth quarters of 1996 was presented. The city auditor reported that the Adult Abuse Center originally started in the police building, when they were moved to building across from the County Court House there was placed in the budget the amount of rent from the Highway Department of $7200 which was then to be remitted to Adult Abuse to assist them in their rent at their new facility. He reported they did not receive the funding for the last two quarters of 1996, needed to amend budget to allow the City to pay them that dollar amount.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this budget amendment be approved. Carried 12 votes affirmative.

APPROVE AMENDMENT TO ENCROACHMENT AGREEMENT
AT 2315 NORTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement, as amended, for partial deletion of conditions set forth in Encroachment Agreement approved August 17, 1992, at 2315 North Washington Street, for and in consideration of no funding, grantor, City of Grand Forks, and grantee Clarence Storbakken, and recommended to approve the amended encroachment agreement.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

DELAY SIDEWALK CONSTRUCTION ON PORTION OF
SOUTH 29TH STREET UNTIL 1998

Committee No. 3, Public Service, reported having considered matter of sidewalk from South 29th Street west on 24th Avenue South, and recommended to delay sidewalk construction until next spring and to look at engineering plans before construction.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE RELATING TO USE OF PUBLIC
SEWERS

Committee No. 3, Public Service, reported having considered the matter of backup protection on discharge connection to the river, and recommended to introduce the ordinance for first reading.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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Council Member Hagness introduced an ordinance entitled "An ordinance amending Section 15-0204(2) of the Grand Forks City Code relating to the use of the public sewers", which was presented, read and passed on its first reading.

APPROVE CHANGE ORDER, PROJECT NO. 4438,
REHAB LIFT STATION #17

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4438, Rehab. Lift Station #17, to add rail system to service pumps for L.S. #17-A, and recommended to approve the change order in the amount of $1,800.00.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4332,
LIFT STATION #7

Committee No. 3, Public Service, reported having considered the matter of Project 4332, Rehab. Lift Station #7, change order for repair of old structure in the amount of $3,000, and deduct for pump charge, $4,500, and recommended approval of the change orders.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE EXTENSION DATE TO COMPLETE PROJECT
NO. 4654, LIFT STATION FLOOD RESTORATION

Committee No. 3, Public Service, reported having considered the matter of Project 4654, Lift Station flood restoration, request for time extension, 30 days from November 30, 1997, and recommended approval of extension of time to complete project as requested, with new completion day of December 30, 1997.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO. 4669,
DISTRICT NO. 386.1, SOUTHEND DRAINWAY PHASE 1B

The city auditor presented and read tabulation of bids which had been received and opened on Monday, October 13, 1997 for Sewer Project No. 4669, District No. 386.1, Southend Drainway Phase 1B, indicating that Kern & Tabery, Wadena, MN was the low bidder based upon their bid in the amount of $971,003.70: Document No. 7383 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4669, District No. 386.1, Southend Drainway Phase 1B, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4669, District No. 386.1, Southend Drainway Phase 1B, from Chestnut to Highway 81, and recommended to return the bid of Park Construction, Minneapolis, unopened because of irregularity in the bid (failure
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to meet requirement that there be an MBE/WBE solicitation sheet in the southside envelope).

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4669, District 386.1, Southend Drainway Phase 1B, from Chestnut Street to Highway 81, and recommended to accept the bid of Kern and Tabery, Wadena, MN in the amount of $971,003.70.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7384 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that the resolution awarding the contract for Sewer Project No. 4669, District No. 386.1, to Kern & Tabery, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

ACCEPT BID FOR PROJECT NO. 4694, FLOOD CONTROL
STRUCTURES ON STORM SEWER OUTFALLS ON ENGLISH
COULEE

Committee No. 3, Public Service, reported having considered construction bids for various flood control structures, Project No. 4694, flood control structures on storm sewer outfalls on the English Coulee, and recommended award to ICS, Inc. in the amount of $233,100.00, contingent upon meeting requirements of the CDBG Program, with staff to work out those requirements.

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

Council Member Hagness reported that they are trying to get flood mitigation funds even though they've been told it's not available; that they want to talk with General Sagsveen to find out when funds available for flood mitigation for the State and that they try to obtain those funds - are looking for other sources.

Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried,

ACCEPT BID FOR PROJECT NO. 4695, FLOOD CONTROL
STRUCTURES ON STORM SEWER OUTFALLS ON RIVER

Committee No. 3, Public Service, reported having considered construction bids for various flood control structures, Project No. 4695, flood control structures on storm sewer outfalls on the river, and recommended to award to ICS, Inc. in the amount of $198,900, contingent upon meeting requirements of the CDBG Program, with staff to work out those requirements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
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ACCEPT BID FOR PROJECT NO. 4696, FLOOD CONTROL
STRUCTURES AT VARIOUS LOCATIONS

Committee No. 3, Public Service, reported having considered construction bids for various flood control structures, Project No. 4696, flood control structures at various locations, and recommended award to ICS, Inc. in the amount of $201,489, contingent upon meeting requirements of the CDBG Program, with staff to work out those requirements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried,

ACCEPT BID FOR PROJECT NO. 4697, PUMPING
STATION AT COLUMBIA ROAD AND DEMERS AVENUE

Committee No. 3, Public Service, reported having considered construction bids for various flood control structures, Project No. 4697, flood pumping stations, and recommended award to Molstad Excavating for the general construction in the amount of $329,480.00 and to Hanson Electric for electrical work in the amount of $85,800, contingent upon meeting requirements of the CDBG Program, with staff to work out those requirements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried,

APPROVE CHANGE ORDER FOR INDUSTRIAL PARK
EDA PROJECT

Committee No. 4, Urban Development, reported having considered the change order for Industrial Park EDA project, and recommended approval of change order No. 1 in the amount of $5,850 to Opp Construction.

It was moved by Council Member Polovitz and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE FUNDING SOURCE FOR TELEVISING
SEWER LINES

The Flood Response Committee reported having considered the matter of funding source for televising sewer lines, and recommended that we proceed with CDBG funding for this project.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

RETURN BID FOR PROJECT NO. 4687, SEWER
CLEANING AND TELEVISING

The Flood Response Committee reported having considered the matter of bids for
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sewer cleaning and televising, and recommended to return the bid of Hutton Contracting Co., Inc. unopened.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ESTABLISH POLICY RE. BUYOUT OF FLOOD DAMAGED
PROPERTY

The Flood Response Committee reported having considered the matter of establishing policies re. buyout of flood damaged property, and recommended that the City adopt a policy not to renegotiate purchase prices upon the execution of a purchase agreement.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

The Flood Response Committee reported having considered the matter of establishing policies re. buyout of flood damaged property, and recommended to establish policy that the City will honor an offer to purchase property made prior to a reinspection which subsequently demonstrates damage less than 50%.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

RESCIND VARIOUS ORDINANCES SUSPENDED BY
COUNCIL

The Flood Response Committee reported having considered the matter of rescission of various ordinances suspended by council, and recommended that those ordinances outlined that were suspended in May of 1997 be reinstated.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

DETERMINE THAT IT IS NOT IN BEST INTEREST
TO ALLOW COMMUNITY VIOLENCE INTERVENTION CENTER
TO REMAIN IN THE MALL

The Flood Response Committee reported having considered the matter of request for temporary stay at City Center Mall by Community Violence Intervention Center, and recommended that it is not in the best interest to allow Community Violence Intervention Center to remain in the Mall.

It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE ALLOCATION FOR FUNDING FOR PUBLIC
SERVICE PROJECTS

The Flood Response Committee reported having considered the matter of allocation of funding for public service projects, and recommended that we allocate $500,000 in the cost matrix for public service projects, with $250,000 for the family center at FEMA relocation site and $190,000 for last year's recipients of CDBG public service funds in the same amounts as last year.

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

Council Member Carpenter moved an amendment to the motion to increase allocation for public service projects to $200,000 with additional funding of $13,528 going to CVIC to pay for rental at different facility for the next six months. Council Member Glassheim seconded the motion. Carried 12 votes affirmative.

Upon call for the question, as amended, and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF FUNDING FOR WAREHOUSE
OPERATIONS BACK TO COMMITTEE

The Flood Response Committee reported having considered the matter of funding for warehouse, and recommended that we fund warehouse operations at $270,000 through June 30, 1999, and that quarterly report on expenditures be provided to the committee.

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

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that the financing of this project be referred back to committee for other sources for further consideration.

Council Member Beyer questioned funding for this as this program was to be run by volunteers, and if goes back to Flood Response to see if can cut allocation and urge Victory Program to come up with volunteer staffing.

John O'Leary, executive director Urban Development, reported that there are two issues, first is that this involves 40,000 sq.ft. building, need to justify that reasonable portion of this is going to be used for the storage of donated materials (materials currently stored in Fargo) and would be moved up here, but need to assess reasonable portion of the building to be charged off to CDBG and reasonable portion to be used by the City. Secondly, he stated, that for labor can reasonably use some federal programs to pay for some of that and the $270,000 won't be coming out of CDBG, the DAP Program and some other ways to finance some of the labor costs. He also noted that they have a problem with environmental review, that they have a 28-day process that needs to be reviewed before starting construction and that's going to put us to the end of November before starting, but are getting around the 28-day process by buying materials now and obligating funds but with the building is going to be difficult to do that and that he is concerned with time frames that are involved here and that getting information when environmental reviews completed and may be more expedient to construct building with other funds if at all possible.

Council Member Hamerlik questioned whether the motion he seconded is appropriate for what needs to be done, that it was funding only, but that there's more to it as described by Mr. O'Leary. Mr. O'Leary stated that they can work with labor issue by looking at other funding sources, that staff intends to proceed with environmental review as if project were going to come out of CDBG, and if decide to do that, it doesn't impact time frames that are involved so have some time to look at funding options between now and when review is done.

Upon call for the question to refer back to Flood Response Committee, carried 12 votes affirmative.

UPDATE ON EVENTS CENTER
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October 20, 1997

Council Member Carpenter reported that at the Core Committee last week they asked design team to tell impacts and effects to raise the arena to ground level vs. being 12 ft. into ground, and should have that information back on the 24th of October.

APPOINT NON-VOTING MEMBER TO EVENTS CENTER
CORE COMMITTEE

The Events Center Core Committee reported having considered the matter of membership of committee, and recommended that they appoint Ray LeClerc to the Events Center Core Committee as a non-voting member.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPOINTMENT TO PENSION COMMITTEE

Mayor Owens announced the appointment of Al Grasser as the employee representa-tive on the Pension Committee, with term starting in April 1997 and continue for a three-year term. It was moved by Council Member Babinchak and seconded by Council Member Glassheim that this appointment be approved. Carried 12 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 307, dated October 20, 1997 and totaling $336,581.10, was presented and read.

It was moved by Council Member Sande and seconded by Council Member Beyer 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 Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of estimate for Project No. 4657, sanitary sewer in Johnson's 4th Addition, in the amount of $212,345.60, Molstad Excavating, Inc., contractor, and recommended to approve the estimate in the amount of $212,345.60.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

1) Council Member Glassheim presented the matter of letter re. Goldmark building and Science Center and refer to committee whether appropriate part of recovery; the matter was referred to the Tri-Chairs for consideration.
2) Council Member Glassheim reported he had communication from Ray LeClerc, acting city planner, re. River Forks Plan and ULI Plan; Mayor Owens reported that she will contact Mr. LeClerc and ask him to contact Mr. O'Leary for review of the project.
3) Council Member Glassheim presented matter of cleaning up downtown esp. where properties burned. Mr. Swanson reported that there are four properties remaining to be cleaned up; one of those now owned by Grand Forks County and County Commis-sion will approve request to allow City to have entry to that property for clean-up; that two of the other properties have been in negotiation but in principal
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October 20, 1997

reached consensus; last property owner out of town until 24th of October and is interested in selling his interest to the City; and that is quicker approach as presented to the Flood Response then attempting to either litigate or adminis-tratively order the cleanup of the property.

APPOINT PAUL GERMOLUS AS ASSISTANT CITY
ATTORNEY

Mr. Swanson announced the appointment of Paul Germolus as assistant city attorney and asked for concurrence in this appointment, that Mr. Germolus has been hired by their law firm and has passed both North Dakota and Minnesota bar, and he will participate in criminal prosecutions along with city prosecutor as well as work in their office on various matters, that he is presently involved in land acquisition for the southend drainway. It was moved by Council Member Beyer and seconded by Council Member Polovitz to concur in the appointment of Mr. Germolus as assistant city attorney. Carried 12 votes affirmative.

APPROVE PROCEEDING WITH PLANS AND SPECIFICATIONS
FOR LEVEE FLOOD PROTECTION WITH WATER PLANT

Committee No. 3, Public Service, reported having considered the matter of levee flood protection for water plant, and recommended to proceed with plans and specifications.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Patricia A. Owens, Mayor