Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 16, 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, March 16, 1998 at the hour of 7:30 p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; absent: none.

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.

APPROVE MINUTES OCTOBER 20, 1997 AND
FEBRUARY 26 AND MARCH 2, 1998

Typewritten copies of the minutes of the adjourned meeting of the city council held on October 20, 1997 and of the special and regular meetings of the city council held on February 26 and March 2, 1998, were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that these minutes be approved as read. Council Member Lucke reported that on page 11 of the minutes relative to the motion to approve fee overruns for Water System Concept Plan, Project No. 4654.010 that he did not make motion on this item and should be Council Member Hafner. The matter was so noted, and upon call for the question on approval of minutes, as corrected, the motion carried 14 votes affirmative.

APPROVE FINAL PLAT AND ADOPT ORDINANCE NO. 3700,
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE THE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
STADTER RESUBDIVISION

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 Stadter Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 17, 1998 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on March 2, 1998 and continued until this evening and further that to date no protests or grievances had been filed with her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from CPS, Ltd. on behalf of DBLLS Enterprise and William Rath for final approval of Stadter Resubdivision to the city of Grand Forks, ND, being a Replat of Lots A and B, Block A of the Replat of Block 2, Curran's 2nd Subdivision (located south of 44th Avenue South between South Washington Street and South 16th Street, former Starlite Theatre property),
and recommended final approval and passage of the ordinance amending the Street and Highway Plan.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3701, AMENDING ZONING
MAP TO INCLUDE WITHIN VERN'S PUD (PLANNED
UNIT DEVELOPMENT) DISTRICT, CONCEPT DEVELOPMENT
PLAN, ALL OF VERN'S ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to exclude from the i-2 (Heavy Industrial) District, and to include within Vern's PUD (Planned Unit Development) District, Concept Development Plan, all of Vern's Addition, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on February 17, 1998 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Vern Gornowicz for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to exclude from the I-2 (Heavy Industrial) District and to include within Vern's PUD (Planned Unit Development) District, Concept Development Plan, all of Vern's Addition, Grand Forks County, North Dakota (located between U.S. Highway No. 2 and the city landfill and between the Grand Forks Gun Club and Swangler Auto Wrecking), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

REFER MATTER OF ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN JOHNSON'S PUD,CONCEPT DEVELOP-
MENT PLAN, AMENDMENT NO. 3, JOHNSON'S 1ST, 2ND, 3RD
AND 4TH ADDITIONS AND KUSTER'S 2ND AND 3RD SUBDIVISIONS
WITH SUBSTANTIAL CHANGE LYING IN LOTS 6 THROUGH 27,
BLOCK 1, JOHNSON’S 4TH ADDITION, BACK TO PLANNING AND
ZONING COMMISSION FOR FURTHER CONSIDERATION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions to the city of Grand Forks, North Dakota, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition", which had been introduced and passed on its first reading on February 17, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Tim Crary on behalf of Johnson Farms for final approval of an ordinance to amend the Zoning Map to exclude from Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions, Grand Forks, ND, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition (located west of South 40th Street between 11th Avenue and 15th Avenue South), and recommended denial of the request (that a written letter of protest was received from the property owner at 1203 Russet Circle).

David Broxmeyer, planning office, reported that this proposal would move a strip along South 40th Street from single family into twin homes. Council Member Hagness reported that Mr. Crary had requested approval of a change from single family to twin homes allowing twin home development along South 40th Street and his reasons are: a) that after the letters of zoning change were sent out to the neighborhood he received nothing but favorable comments on how it would be a great buffer from the commercial, that the Planning and Zoning Commission received only one negative call and Mr. Clarence Peterson spoke to that Wednesday night at Planning meeting, and received only one negative call on a follow-up letter from the neighborhood from that same individual; b) that it would be extremely difficult to sell upper end single-family homes along 40th Street with commercial in their backyards; c) the twin homes he is proposing to build would be an excellent break between the more expensive homes in Johnson's Addition and the commercial on South 42nd Street, the twin homes would be priced in the $130,000 to $140,000 range per side so not low cost housing; and that should look at what Mr. Crary is proposing so proper orderly development will be commercial, multi-family and then single-family. Council Member moved an amendment to approve twin homes in the strip along South 40th Street from single-family homes. Council Member Hafner seconded the motion.

Tim Crary reported that he was unable to attend the Planning & Zoning Commission meeting last week and that twin homes won't hurt the value of any of the homes, planning to develop very nice twin homes with price range of $130 to $140,000 and is natural break from single family homes before commercial. Mr. Crary reported that plans before the Aurora went in, density was much higher than what he is asking
for and that he is now requesting change from single to twin homes. He reported that there are 21 lots
and would be looking at rather than 21 lots to 42 homes along that street.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik to refer the matter to Planning and Zoning Commission for further consideration. Carried 14 votes affirmative.

APPROVE FINAL PLAT AND ADOPT ORDINANCE NO.
3702, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF MIGHTY ACRES 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 Mighty Acres Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 17, 1998 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Tim Crary on behalf of Bert and Lyle Johnson and Alan Thompson for final approval of the plat of Mighty Acres Second Addition to the city of Grand Forks, ND lying within a portion of the E Half of the Northwest Quarter and the West Half of the NE Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located south of 49th Avenue South between Chestnut and Cherry Streets), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3703, AMENDING ZONING MAP
TO INCLUDE WITHIN MIGHTY ACRES SECOND PUD
DISTRICT, CONCEPT DEVELOPMENT PLAN, ALL OF
MIGHTY ACRES SECOND ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) district and the A-2 (Agricultural Reserve) district and to include within the Mighty Acres Second PUD (Planned Unit Development) District, Concept Development Plan, all of Mighty Acres Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 17, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Tim Crary on behalf of Bert and Lyle Johnson and Alan Thompson for final approval of an ordinance to amend the Zoning Map to rezone and exclude from the A-1 (Limited Development) district and the A-2 (Agricultural Reserve) District and to include within Mighty Acres Second PUD (Planned Unit Development) District, Concept Development Plan, all of Mighty Acres Second Addition to the city of Grand Forks, ND (located south of 49th Avenue south between Chestnut and Cherry Streets), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
3704 TO AMEND THE STREET AND HIGHWAY PLAN AND
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE REPLAT OF LOT 3, COUNTRYSIDE SUBDIVISION

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 Replat of Lot 3, Countryside Subdivision, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on February 17, 1998 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering and Surveying on behalf of Brian Bohlman for final approval of a Replat of Lot 3, Countryside Subdivision, Grand Forks County, including a variance to Article 9, Subdivision Regulations of the Land Development Code and more
specifically as it relates to Section 18-0907(5)(A) "Minimum Lot Area," (located north of 32nd Avenue South and east of South 83rd Street (approx. two miles west of I-29), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
3705 AMENDING THE STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SWANGLER'S 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 Swangler's Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 17, 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 deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Jerome Swangler for final approval of a plat of Swangler's Second Addition, Grand Forks, North Dakota, being a part of the NE Quarter of the SE Quarter of Section 35, Township 152 North of Range 51 West of the 5th Principal Meridian (located approximately one-third of a mile north of U.S. Highway No. 2 along the west side of North 69th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3706, AMENDING ZONING MAP
TO REZONE AND EXCLUDE FROM A-2 (AGRICULTURAL
RESERVE) DISTRICT AND TO INCLUDE WITHIN THE I-2
(HEAVY INDUSTRIAL) DISTRICT, ALL OF SWANGLER
SECOND ADDITION; AND TO APPROVE CONDITIONAL
USE PERMIT
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District, all of Swangler Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 17, 1998 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy 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 her 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 hearing was closed.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Jerome Swangler for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District all of Swangler's Second Addition, Grand Forks, North Dakota (located approximately one-third of a mile north of U.S. Highway No. 2 along the west side of North 69th Street), and recommended final approval and passage of the ordinance amending the zoning map.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

The Planning and Zoning Commission reported having considered the matter of the request from Jerome Swangler on behalf of Frank Swangler of Swangler Building Movers for approval of a conditional use permit for other industrial activity deemed fitting and compatible to the I-2 (Heavy Industrial) District by the Planning and Zoning Commission as provided for in Section 18-0219(3)(G) of the Land Development Code (located approximately one-third of a mile north of U.S. Highway No.2 along the west side of North 69th Street), and recommended approval of the conditional use permit based upon the attached site plan.

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

Council Member Beyer questioned purpose of conditional use permit; Mr. Broxmeyer reported that the permit is for contractor for house moving, that Mr. Swangler will be moving his operations from along U.S. Highway 2 to North 69th Street, with conditions in the permit to include that all buildings and equipment be set back a minimum of 300 ft. from North 69th Street, and this will be an area about a quarter mile or so north of the Grand Forks Gun Club. Council Member Beyer stated she had concern re. conditional use permits which are not enforced, and suggested that they look at those permits that are being violated.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

HOLD PUBLIC HEARING ON MATTER OF FY
1998 FEDERAL TRANSIT ADMINISTRATION GRANT
APPLICATION ON ENTITLEMENT FUNDS AND APPROVE
SUBMITTAL OF GRANT APPLICATION

The deputy city auditor reported that notice had been published calling for a public hearing to be held this evening for consideration of the Transit Operating and Capital Assistance under 49 USC 6307 (formerly Section 9) of the Urban Mass Transportation Act of 1964 as amended, and listing the Program of Projects for the City's portion of the Grand Forks, ND/East Grand Forks, MN urbanized area covering the period from January 1, 1998 to December 31, 1998 totaling $486,237 (with the Program of Projects and Budget including a request for $192,237 in FTA Operating Assistance and $294,000 for capital expenditures), and reported that no written comments on the proposed Program of Projects had been submitted to the Transportation Superintendent prior to March 12, 1998.

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 hearing was closed.

It was moved by Council Member Sande and seconded by Council Member Carpenter to approve submittal of the FY 1998 grant application for Entitlement Funding to the Federal Transit Administration and to authorize City officials to execute all proper documents. Carried 14 votes affirmative.

HOLD PUBLIC HEARING ON MATTER OF FY 1998
FEDERAL TRANSIT ADMINISTRATION GRANT
APPLICATION ON DISCRETIONARY FUNDS AND
APPROVE SUBMITTAL OF GRANT APPLICATION

The deputy city auditor reported that notice had been published calling for a public hearing to be held this evening for consideration of the Transit Capital Assistance under 49 USC 5309 (formerly Section 3) of the Urban Mass Transportation Act of 1964 as amended, and listing the Project Budget for the City's request for FTA 49 USC 5309 funds in order to construct a new bus passenger transfer facility to serve as a replacement for the transfer facility that was formerly located at the City Center Mall in downtown Grand Forks and that the City of Grand Forks proposes to request federal funding through a ratio of 80% federal share and 20% local share of the total proposed project cost of $1,500,000, and reported that no written comments on the proposed Project Budget had been submitted to the Transportation Superintendent prior to March 12, 1998.

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

Council Member Carpenter questioned funding of entitlement grant application. Mr. Ulland reported that the 1998 FTA legislation, this preventive maintenance will be able to take maintenance department and fund it 50-50 with new line item, so in essence it's new revenue and should reduce local share.

There were no further comments and Mayor Owens closed the public hearing.

It was moved by Council Member Sande and seconded by Council Member Carpenter to approve submittal of the FY 1998 grant application for Discretionary Funding to the Federal Transit Administration and to authorize City officials to execute all proper documents. Carried 14 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hagness and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.

Public Safety Committee:
1) matter of letter of intent re. County Office building.
Public Service Committee:
1) matter of consideration of an ordinance concerning connection fees and special assessments.
2) consideration of ordinance relating to eminent domain for public projects and uses.

Flood Response Committee:
1) matter of hiring independent firm, Shannon & Wilson Geotechnical Engineers, to do independent study of flood protection.

COUNCIL MEMBER HAGNESS EXCUSED

REPORTS OF OFFICERS

The city auditor's investment report dated February 28, 1998 was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this report be and is received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-04, dated March 16, 1998 and totaling $4,435,041.99, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

COUNCIL MEMBER HAGNESS REPORTED BACK

ESTABLISH PUBLIC HEARING ON APPLICATION BY
CONTE LUNA FOODS FOR PROPERTY TAX EXEMPTION
FOR PROCESSING AREA ADDITION TO EXISTING
FACILITY

Committee No. 1, Finance, reported having considered the application for property tax exemption by Conte Luna Foods Division of Philadelphia Macaroni Company for processing area addition to the
existing processing facility, and recommended to establish date for public hearing on April 20, 1998, or as soon thereafter as possible.

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

It was moved by Council Member Carpenter who noted that we are able to hold public hearing earlier as Conte Luna would like in order to start construction earlier and moved an amendment that the date of the public hearing be changed to Monday, April 6, 1998, the motion was seconded by Council Member Hamerlik. Carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 14 votes affirmative.

ESTABLISH SUBCOMMITTEE TO SELECT UNDERWRITER
FOR CORPORATE CENTER BOND ISSUE

Committee No. 1, Finance, reported having considered the matter of selection of underwriter for Corporate Center bond issue, and recommended to establish Council Members Babinchak and Carpenter, the city auditor and Al Erickson of the Springsted firm as the subcommittee for the selection of the underwriter for the bond issue.

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

Gene Schneeweis, 1004 University Avenue, read statement to council regarding the building of a financial center downtown, that the First National Bank is going to be the main tenants, that the First National Bank received $17 million for their loss due to the flood, that the City plans to build center without receiving any return except the old First National Bank building which is going to be developed and profited from; that this building is of historic value to the city and should be rebuilt by the First National Bank, that instead it was given to the City of Grand Forks to be privately developed in disbelief, and calls for the City to get out of direct competition with private enterprise, the City hasn't shown any responsibility in holding down costs in other projects, ie., Aurora, affordable housing being built by Urban Development and Grand Forks Homes, that costs are sky-rocketing and there doesn't seem to be an end in sight. He stated that he had asked Flood Response Committee and asked the First National Bank to put the funds to build building of downtown, not just putting up $17 million in a loan pool to make money off this tragedy, and asked for the citizens and city council to relook and oppose the project because seems to be one-sided down there and asked they send it back to committee for further consideration.

Upon call for the question and upon voice vote the motion carried 14 votes affirmative.

ESTABLISH POLLING PLACE FOR JUNE 9 ELECTION

Committee No. 1, Finance, reported having considered the matter of establishing polling places for June 9 election, and recommended approval of the listing of polling places for the election: Document No. 7450 - Listing.
It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved.

Howard Swanson, city attorney, reported that the City has received information from the Attorney General's Office which would appear to allow the City to hold a voting location outside the precinct, which the City has done, but there is question whether City can hold a voting place outside the ward; and under the circumstances that the prior polling place is no longer in existence it appears that there would be reason for the City to authorize the polling place to be located outside the ward; and will be receiving further clarification but advise is for council to give approval this evening of the proposed polling places. Mr. Swanson reported that the council's action tonight will make determination that there are not facilities available to hold it within the ward and that there are circumstances warranting moving it outside. He also reported that the same ruling that was used earlier with respect to the special election will be true with regard to those residents that formerly resided within the ward, if presently displaced by virtue of the flood but have an intention to return to their permanent location they may vote within the ward in which their residence was previously located. He reported that there was a written opinion that they provided which will also apply with respect to this election; and not only in the ward in which voting outside the ward but city-wide.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE REQUEST FOR VARIOUS ACTIVITIES DURING
SIXTH ANNUAL GREAT RED RIVER DUCK RACE AND 29TH
ANNUAL SERTOMA FIREWORKS ON JULY 4, 1998

Committee No. 2, Public Safety, reported having considered the matter of Sixth Annual Great Red River Duck Race and 29th annual Sertoma fireworks display activities on July 4, 1998 on banks of the Red River, and recommended to approve activities in request, waive variance to noise ordinance on July 4, 1998 and to coordinate with the police department.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE RELATING TO PAWNBROKERS

Committee No. 2, Public Safety, reported having considered the request that city attorney draft ordinance as part of Chapter XXI, Article 8, Pawnbrokers, that requires the police department to do a background check on pawnbrokers and set criteria for refusal of license, and recommended to approve proposed ordinance relating to pawnbrokers and to introduce for first reading.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced an ordinance entitled "An ordinance amending Section 21-0804.1 of the Grand Forks City Code relating to pawnbrokers", which was presented, read and passed on its first reading.


APPROVE APPLICATION FOR ALCOHOLIC BEVERAGE
LICENSE AT 315 DeMERS AVENUE

Committee No. 2, Public Safety, reported having considered the application by CCS Investments, LLC dba Red River Cafe, 315 DeMers Avenue, for Class 4 (Food and Beverage Establishment) license, and recommended to approve application contingent upon review and approval by appropriate city officials.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE REQUEST TO ALLOW SWIS CORP. TO
UTILIZE LANDFILL FOR DISPOSING OF INERT REFUSE
FROM ITASCA COUNTY TRANSFER STATION THROUGH
END OF APRIL

Committee No. 3, Public Service, reported having considered the request from Solid Waste Integrated Systems of Pennington County to utilize City's landfill for disposing of waste from Itasca County Transfer Station, and recommended to allow SWIS Corp. to utilize landfill for disposing of inert refuse through the end of April, with payment of half of the bill on Itasca waste in advance.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE AMENDMENT NO. 1 TO ENGINEERING
AGREEMENT WITH CPS, LTD. FOR PROJECTS 4706
AND 4707

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for various projects: CPS, Ltd., Projects 4706 and 4707, water and storm sewer to serve the new middle school, Amendment No. 1 to include design engineering services, and recommended to approve Amendment No. 1 to the engineering agreement in amounts not to exceed $20,533 for Watermain Project No. 4706 and $12,911 for Sewer Project No. 4707, for a total increase to the agreement of $33,444.00.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 1 TO ENGINEERING
AGREEMENT WITH CPS, LTD. FOR PROJECTS NOS.
4713 AND 4714

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for various projects, CPS, Ltd. for Projects 4713 and 4714, storm sewer and paving North 55th Street from DeMers to Gateway, Amendment No. 1 to include design engineering services, and recommended to approve Amendment No.1 to the engineering agreement in amounts not to exceed $23,711.00 for Storm Sewer Project No. 4713 and $53,958.00 for Paving Project No. 4714, with total increase to the agreement of $77,669.00.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES FOR
PROJECT NO. 4710, LAND ACQUISITION FOR
EMERGENCY CLAY BORROW PITS

Committee No. 3, Public Services, reported having considered the matter of agreements for engineering services for various projects, Pribula, Project No. 4710, land acquisition for emergency clay borrow pits, and recommended to approve entering into agreement with Mr. Pribula in an amount of up to $2,500.00.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR STUDY OF RELOCATION PIPELINES OF WILLIAMS
PIPE LINE COMPANY

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering
services for various projects, CPS, Ltd. to study relocation of lines of Williams Pipe Line Co., and recommended to approve entering into agreement with CPS, Ltd. in an amount of $8,000.

It was moved by Council Member Hagness 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4708, DISTRICT NO. 259

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4708, District No. 259, watermain on 17th Avenue South from Lynwood Circle to Industrial Park, and recommended that we adopt a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7451 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4708, DISTRICT NO. 259

The deputy city auditor presented and read the engineer's report on Watermain Project No. 4708, District No. 259: Document No. 7452 - Report.

It was moved by Council Member Hafner and seconded by Council Member Klave that this report be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4708,
DISTRICT NO. 259