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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS NORTH DAKOTA
Monday, November 2, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, November 2, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 1.

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

FLOOD REPORT BY CITY ENGINEER

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

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

APPROVE MINUTES AUGUST 3, 1998

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mayor Owens closed the public hearing.

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

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

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

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

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

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

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

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

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

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

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

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

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

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility easement adjacent to Lots 3, 4 and 5, Block 1, Kortynta-Lemm 3rd Resubdivision, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.

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

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

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

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

APPROVE CHANGE IN ELECTION OFFICIALS

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

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

APPROVE BILLS

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

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

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

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

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

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

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

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

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

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

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

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

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be and are hereby adopted. Carried 13 votes affirmative.

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

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

It was moved by Council Member Brooks and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be and are hereby adopted. Carried 13 votes affirmative.

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

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

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

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

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

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

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

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

APPROVE BUDGET AMENDMENT

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

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

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

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

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

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

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

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

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

ACCEPT BID FOR POLYGRAPH EQUIPMENT

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

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

APPROVE BUDGET AMENDMENTS

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

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

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

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

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

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

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

AUTHORIZE PURCHASE OF SUBMERSIBLE PUMPS FOR
SLUDGE RECEIVING BASIN

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

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

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

APPROVE BUDGET AMENDMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

APPROVE CHANGE ORDERS, VARIOUS PROJECTS

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

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

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

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

ACCEPT LOW BID FOR RESIDENTIAL ENVIRONMENTAL
ABATEMENT

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

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

APPROVE CHANGE ORDER FOR CORPORATE CENTER
(HEATING SYSTEM)

Committee No. 4, Urban Development, reported having considered the matter of change order for hydronic heating system for Corporate Center, and recommended to approve change order to Mortenson to change heating system from electric to hydronic at an estimated cost of $514,112, plus A/E fees, contingent upon approval of rent increase by tenants.

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

APPROVE CHANGE ORDER FOR WALKWAY BETWEEN
EXISTING RAMP AND NEW CORPORATE CENTER BUILDING

Committee No. 4, Urban Development, reported having considered the matter of change order to Mortenson for MidAmerica Steel for walkway between existing ramp and new corporate center building, and recommended to approve a change order through Mortenson to MidAmerica Steel in the amount of $22,529.00 for structural steel.

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

APPROVE CHANGE ORDER TO A/E SERVICES FOR
DEMOLITION OF BUILDINGS ON SOUTH 3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of architectural/ engineering services for demolition of the buildings on South 3rd Street from Kittson to Division, and recommended to approve change order to EAPC and CDI contracts to include providing Architectural/engineering services for the demolition of the buildings on South 3rd Street from Kittson to Division at the same terms of the existing contract.

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

APPROVE REQUEST TO ASK STATE TO DEOBLIGATE
HOME PROGRAM FUNDS FOR SOUTH JUNIOR HIGH
HOUSING PROJECT WITH STIPULATION

Committee No. 4, Urban Development, reported having considered the matter of South Junior High housing project, and recommended to request the State to deobligate HOME Program funds in the amount of $465,000 for project costs plus $30,550 in administrative monies with a stipulation that the funds be awarded to a CHDO for the South Junior High project, less $2,000 in administrative funds that would be retained to complete an environmental assessment.

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

AWARD BIDS FOR SNOW REMOVAL FOR BOUGHT-OUT
RESIDENCE AREAS

Committee No. 4, Urban Development, reported having considered the matter of snow removal for bought-out residences (Phases Ia, II, III, IV), and recommended to award snow removal in Regions 1, 2 and 4 to Kilichowski Trucking in the amount of $325.08, $294.12 and $551.31, respectively; in Regions 6, 7 and 8 to Brian Mack Trucking in the amount of $490.20, $425.70 and $38.70, respectively; and for Regions 3 and 5 to Quality Lawn Care in the amounts of $190.00 and $130.00, respectively.

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

APPROVE CHANGE ORDER FOR DOWNTOWN DEMOLITION
Committee No. 4, Urban Development, reported having considered the matter of Magnus Trucking change order amount, and recommended to approve an additional $400.00 to the Magnus Trucking contract for downtown demolition.

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

APPROVE CHANGE ORDER FOR CITY CENTER MALL

Committee No. 4, Urban Development, reported having considered the matter of change order for Molstad's to add 8" waterline to the west side of the old City Center Mall, and recommended to approve an additional $3,070.00 to the Molstad change order.

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

ACCEPT BID FOR STOREFRONT ENCLOSURES IN FORMER
CITY CENTER MALL

Committee No. 4, Urban Development, reported having considered the matter of storefront enclosures on South 3rd Street between DeMers and Kittson, and recommended to approve bid from Rusty Wysocki Construction in the amount of $9,950.00 for labor with materials to be supplied by City as needed, to construct storefront enclosures on buildings on South 3rd Street between DeMers and Kittson.

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

APPROVE CHANGE ORDER TO CONTRACT FOR
TEMPORARY GRAVEL ON BILL LARSON LOT

Committee No. 4, Urban Development, reported having considered the matter of temporary gravel on Bill Larson lot, and recommended that a change order be approved in an amount not to exceed $10,000 to MTC to put fabric/gravel on the site of the Bill Larson building as per request from Central Business District (Parking) Authority.

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


AWARD CONTRACT FOR STRUCTURAL STEEL FOR
THE AURORA PROJECT

The Events Center Core Committee reported having considered the matter of Bid Package #5, contract Category 1 - steel, and recommended that we award the contract to furnish and install all the major structural steel for The Aurora to Havens Steel for their base bid of $10,315,000.

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

APPROVE PLANS AND SPECIFICATIONS FOR BID
PACKAGE #6 FOR THE AURORA

The Events Center Core Committee reported having considered the matter of plans and specifications for bid Package #6, and recommended that we approve plans and specifications for Bid Package #6, which includes structural precast seating aisles, fixed seating, movable platforms and turf.

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

APPROVE CHANGE ORDERS FOR THE AURORA

The Events Center Core Committee reported having considered the matter of CIN #122.02, and recommended that we approve the change to Gibb & Sons contract in the amount of $4,124.00 to rectify a conflict in the drawings between the watermain and storm line and the change to the ICS contract for $972.00 to increase the size of the pile caps.

The Events Center Core Committee reported having considered the matter of CIN #124.01, and recommended that we approve the change to Swingen's contract for $3,986.00 to redrive one pile and the change to ICS's contract for $486.00 to increase the size of the pile cap.

The Events Center Core Committee reported having considered the matter of CIN #124.03, and recommended that we approve the change to ICS's contract to remove the #4 dowels from their contract for a credit of $821.00.

The Events Center Core Committee reported having considered the matter of CIN #126.01, and recommended that we approve the change to Swingen's contract for $3,986.00 to redrive one pile in grid O-23 and the change to ICS's contract for $486.00 to increase the size of the pile cap.

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

Estimate Summary for CDBG projects in the amount of $286,230.79; Estimate Summary for flood related or FEMA in the amount of $715,498.19; and Estimate Summary for regular projects in the amount of $2,416,760.99, for a total of $3,418,489.97.

It was moved by Council Member Beyer and seconded by Council Member Lunak 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

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 recommending acceptance by the council: Project No. 4371, access roadway for wastewater treatment plant; Project No. 4438, Upgrade Lift Station #17; Sewer Project No. 4496, District No. 394; Paving Project No. 4498, District No. 555; Project No. 4591, Upgrade Lift Station #29; Watermain Project No. 4715, District No. 258; Sewer Project No. 4792, District No. 395; Watermain Project No. 4794, District No. 262; and Sewer Project No. 4802, District No. 396.

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.

AUTHORIZE PURCHASE OF LAND FOR BORROW PIT

Committee No. 3, Public Service, reported having considered the matter of authorization to purchase the borrow pit on the north side of Grand Forks, and recommended to purchase 70 acres of land to be used as a borrow pit, using CDBG funding (est. cost $5,000/acre).

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

RECONSIDER THE MATTER OF GRANITOID STREET
BY PHOENIX SCHOOL

Council Member Carpenter stated that after consideration of the matter of granitoid street by the Phoenix School at the last meeting, that it was determined afterwards that they weren't going to be able to get the street completed by reconstructing it this fall, and so had to be patched and won't be done until spring before the redoing of the street can be addressed and is contrary to the action taken by council, and will want to ask the Historic Commission to reconsider the granitoid stamping. Mr. Swanson stated that if the council is inclined to place itself in a neutral position with respect to the issue, it would be appropriate to move to reconsider the previous action, and upon reconsideration you may wish to table it indefinitely.
Council Member Carpenter moved to reconsider the council's prior action; seconded by Council Member Hafner. Carried 13 votes affirmative.

Mr. Swanson stated that the previous motion would be before the committee or any other action they may wish to take.

Council Member Carpenter moved a substitute motion that we request that the State Historical Commission consider not requiring the City stamp the street with the granitoid stamping. Council Member Babinchak seconded the motion.

Council Member Carpenter stated that the School District has $42,000 with which to reconstruct the street, and it is his understanding that the School District will have most of that still available next spring to assist in the cost of redoing the street. It was also noted that this will include that the city engineering department will have further discussions with the State Historical Commission and negotiate with them over this matter.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the city council for their information and/or consideration.

1) Council Member Carpenter presented the matter of the mayor's and his plan for funding of the flood protection plan to the finance committee, and also to the Special Assessment Commission the matter of some preliminary discussion as to how that assessment might be spread among the residents.
2) Council Member Bouley reported that she has had a lot of complaints from the neighborhood of the unsightliness of a construction company in Riverside neighborhood, and whether something could be done. Dennis Potter, city planner, stated this site is on 3rd and Lewis, and that inspections and zoning administrator talked to the contractor about moving and they are under a requirement to move as council has rescinded their legal right to be there, that he wasn't aware of schedule of removal but will check on that.
3) Council Member Brooks asked for an update on the sales in Congressional 1 and 2, that they were looking at a goal of 20 in 90 days. John O'Leary reported they have announced a plan to offer additional amenities as part of the purchase price for a limited time - between now and the end of the year or on a case by case basis, that included in the sales price is a washer, dryer, stove, refrigerator, central air-conditioning or about $4800.00 of amenities, and realtors seem encouraged that this will generate a lot of interest. Council Member Martinson stated that the market has been quite soft in the city, that they closed on only 29 properties on both sides of the river in September, which is normally a very busy month; however, in the last week have seen some marked difference in sales and offers. It was also noted that there are about half of vouchers issued haven't been used, and that vouchers expire December 31 of this year. Council Member Martinson asked whether they could extend the deadline on the vouchers. Mr. O'Leary stated they would run into problems if deadline extended because there is time limit on when have to reallocate funds for the projects.
4) Council Member Brooks asked for finance committee to review cost matrix update.
5) Council Member Babinchak presented the matter of possible safety concerns at the intersection of 47th Avenue South and Highway 81 South when South Middle School opens; the matter was referred to the public safety committee.
6) Council Member Babinchak presented the matter of the pedestrian lights at Belmont Road and 10th Avenue South, and on 10th Avenue South and Chestnut Street; and questioned purpose of the lights when Roosevelt and South Jr. School out of the area, or if for Phoenix School; the matter was referred to the traffic engineer.
7) Council Member Beyer reported that if anyone has a transportation project, they can contact Earl Haugen, MPO.

AUTHORIZE EXECUTION OF QUIT CLAIM DEED
FOR DAKOTA LAND COMPANY PROPERTY

Mr. Swanson, city attorney, asked that the council authorize the proper City officials to execute a quit claim deed, that his office has been contacted by Dakota Land Company and that there is an old MIDA issue dealing with the Dakota Electric building in the Industrial Park, that the bond issue has been paid off for some time however, in the course of paying off and closing the bond issue, the deed was never conveyed back to the property owner so there is now a cloud on the title with respect to the City's interest in that building and the lease imposed after the MIDA bond, and by executing the quit claim deed we would clear the title to that property and put closure on the MIDA bond issue.

It was moved by Council Member Babinchak and seconded by Council Member Martinson to authorize proper City officials to execute a quit claim deed to Dakota Land Company or their assigns. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Bouley that we do now adjourn until Monday, November 16, 1998 at 7:30 o'clock p.m. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Patricia A. Owens, Mayor