Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 6, 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, April 6, 1998 at the hour of 7:40 o'clock with Mayor Owens presiding. Present at roll call were Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 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 matter.

PRESENT CERTIFICATE OF ACHIEVEMENT AND
AWARD OF FINANCIAL REPORTING ACHIEVEMENT

Mayor Owens presented Certificate of Achievement for excellence in financial reporting for fiscal year ended December 31, 1996 from the Government Finance Officers Association and Award of Financial Reporting Achievement to the Department of Finance and Administrative Services, John Schmisek, city auditor, Saroj Jerath, deputy city auditor, and the finance department staff, and reported that this achievement is the highest form of recognition in governmental accounting and financial reporting, that its attainment represents a significant accomplishment by a government and its management, and stated that this is the 11th year of the award for the finance department.

INTRODUCE FLOOD RECOVERY COORDINATOR FROM
YUBA CITY, CALIFORNIA

Mayor Owens introduced Mel Speed, flood recovery coordinator, Yuba City, CA, that they have had some of the same flooding problems that we do, that he has visited with several other City officials and Tom Mulhern will be taking Mr. Speed on a tour of our city tomorrow.

REPORT FROM HUMAN RESOURCES RE. WORKERS
COMPENSATION

Dan Gordon, director Human Resources, reported that prior to the approval of our accredited safety program the City of Grand Forks paid $550,000/year in premiums accumulating upwards of 5,000 lost days due to work related injuries, and also penalized a surcharge of 38% due to our experience rate, today we have reduced our premium over $200,000 per year and have less than 100 lost days due to work related injuries, and in our disaster this past year, we broke every record that we had for work related injuries; and that this was only possible by the support, the hard work and dedication of all City employees, and asked for recognition for all City employees for the great work they have put into this safety program. He reported that this is the third year in a row that we have received a discount check, total to date is an additional $65,000, and presented this year's discount check from Workers Compensation in the amount of $20,294.00. Mayor Owens thanked Mr. Gordon and his staff for the programs and work they've done to make this possible and also every department head and all the employees.

APPROVE MINUTES

Typewritten copies of the minutes of the council meetings of the city council held on November 3, 1997 and March 16, 1998 were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Glassheim that these minutes be approved as read. Carried 13 votes affirmative.

AMEND AGENDA TO INCLUDE ITEMS RELATIVE TO
EVENTS CENTER

Council Member Carpenter moved to suspend the rules to add three items under new business: 1) matter of marketing plan for the Aurora, 2) matter of contracts and contract amendments for the Aurora, and 3) matter of the heating/ventilation and air-conditioning system for the Aurora. The motion was seconded by Council Member Beach. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND REFER MATTER OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN
JOHNSON'S PUD JOHNSON'S 1ST, 2ND, 3RD AND 4TH
ADDITIONS, KUSTER'S 2ND AND 3RD SUBDIVISIONS
WITH CHANGE IN LOTS 6 - 27, BLOCK 1, JOHNSON'S
4TH ADDITION BACK TO PLANNING AND ZONING COMMISSION

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 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.

Mayor Owens opened the public hearing and asked for comments from the audience.

Clarence Peterson reported he had purchased a lot in the Johnson's Addition last year and because area is closest to the area where living now of anyplace in Grand Forks, that property was zoned for single family and now this has been brought up to be rezoned, that rezoning would increase traffic and with duplexes adjacent to the property will decrease value of the property because not desirable, that what is there now is what the property owners had requested originally and was approved short time ago. He stated he was very much opposed to the change in zoning, that he had letter from Virginia and Robert Elkema stating that they had not been previously notified about the rezoning of the property west of South 40th Street and that she and her husband are very much opposed to any rezoning of this land as they have just moved into a new home in December and would like to keep as single family dwellings.

Jack Carroll, 3897 13th Avenue South, stated that apparently notification was sent to all within the zoning change, that it meets letter of the law within 400 ft. of the affected area, however, those 400.5 feet away from the area are deeply concerned about the rezoning, that maps were presented to council and others as to how that area was to be developed and about single family housing that was going to be in that area, and now want to change that and will cause deleterious effect on property values, not to mention traffic issues. He stated that the notification has not allowed a lot of people to know about this change, simply because it follows letter of the law, but certainly not the intent of the law, and would like to speak against the replatting which will hurt property values in the area.

Tim Crary reported this issue debated at Planning and Zoning Commission twice and here at last meeting and passed unanimously by Planning and Zoning. He stated that the twin homes he is proposing to build are $130,000 to $140,000 twin homes, and no way would they be able to put $200,000 homes on those lots backed up to commercial property, that he believes this is the best use for the land in the area and will not lower value of any of the property in that area now.

It was noted that these houses are west of South 40th Street and twin homes on east side of 40th would face their backyards, and some facing an 8 acre park. It was also noted that these units would be sold. It was also stated that there's green strip going to the west of these homes that would be on the west side of 40th Street and would provide a buffer (greenspace is from 70 ft. to approx. 120 ft.).

Council Member Beyer stated that when people purchased lots were told this would be single family dwellings adjacent to them, that to approve this for twin homes without even trying to sell and market as single family lots is doing community an injustice because there are not a lot of single family lots, that there's shortage of single family lots.

Mr. Crary reported that the land use got changed when the City of Grand Forks voted to put the Aurora in on the other side of 40th Street, now have commercial on 40th Street, tried to get buffer between commercial and the residences in Johnson's which they got (worked with Park Board on that), and now is proposing to put a natural break from the homes to a twin home development to a commercial.

Council Member Hagness stated that if they followed true zoning laws of orderly growth, this is way to design it, and when Aurora came in, commercial property came in; that if council wants to change Planning and Zoning Commission's recommendation, then should send back to Planning and Zoning. Mr. Crary stated that the land use changed because the Aurora is going in there; however, Council Member Klave stated that because the PUD was done after the Aurora was approved as single family even with knowledge of the Aurora going through there; Mr. Crary stated that was one of the plans submitted to Planning and Zoning. Council Member Klave stated that they would like to make sure that everyone who owns property understands what's happening.

Mr. Swanson reported that the City Code requires that notice be provided by the developer, if council were to add additional notice requirements than otherwise provided by the City Code, it would appear to be appropriate for those expenses be borne by the City. He stated they also need to identify what they mean by subdivisions so know what area is or is not being in any additional notice.

Council Member Beach stated that if it was represented to these people that these were to be single family lots, that's what they should stay, and should either return to Planning and Zoning Commission or deny the request, and then moved to send the matter back to Planning and Zoning and to include mailing to property owners. Council Member Beyer seconded the motion.

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

It was noted that this matter will be on the May 6 Planning Commission agenda at 7:00 p.m. and back to council on May 18 at 7:30 p.m.

ADOPT ORDINANCE NO. 3707, RE. PAWNBROKERS

An ordinance entitled "An ordinance amending Section 21-0804.1 of the Grand Forks City Code relating to pawnbrokers", which had been introduced and passed on its first reading on March 16, 1998 was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
FOR PROPERTY TAX EXEMPTION BY CONTE LUNA
FOODS

The city auditor reported that pursuant to the provisions of N.D.C.C. Chapter 40-57.1 notice had been given that the city council would meet this evening to consider the application of Conte Luna Foods, division of Philadelphia Macaroni Company, 1801 North 36th Street, Grand Forks, for a ten-year fifty percent exemption of ad valorem taxation on a 20,000 sq.ft. processing area addition for the existing processing facility to be constructed on all that portion of the W Half NW Quarter, Section 32, T152N, R50W, 5th P.M. and all that portion of the N Half SW Quarter, Section 32, T152N, R50W, 5th P.M., which the applicant will use in the operation of their business (process area for manufacture of pasta products for sale to the industrial and food service markets), to hear any and all comments and/or protests on the application; and further that no protests or grievances had been filed with his office.

Mayor Owens opened the public hearing.

Gene Schneeweis, 1004 University Avenue, asked council to look at this issue, doesn't think that company deserves longevity tax breaks and when does it stop, why City cover blunt of their expenses and that they should pay their fair share.

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

It was moved by Council Member Bakken and seconded by Council Member Hamerlik that we do find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of 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 grant 10 year-50% exemption subject to public hearing.

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

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 119, PROJECT NO. 4597

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 199, Project No. 4597, street lighting on Oxford Street, Harvard Street, Princeton Street from University to 6th Avenue North and on 5th Avenue North from Princeton Street east to the alley on Block 7, University Place Addition, had expired on March 26, 1998, and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

The city auditor reported that the recommendation from the Public Service Committee was to reject the bids as only one bid was received and bids were almost double the engineer's estimate of cost. Mr. Swanson reported that in view of the recommendation from Public Service Committee to reject all bids it would be his recommendation to pass a motion continuing the public hearing to a date uncertain. It was moved by Council Member Hafner and seconded by Council Member Babinchak to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 126, PROJECT NO. 4642

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 126, Project No. 4642, street lighting on Cambridge Street, Hamline Street and 5th Avenue North, had expired on March 26, 1998, and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council member Hafner and seconded by Council Member Babinchak to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 124, PROJECT NO. 4639

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 124, Project No. 4639, street lighting in Garden View Estates, had expired on March 26, 1998, and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council member Hafner and seconded by Council Member Babinchak to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 115, PROJECT NO. 4506

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 115, Project No. 4506, street lighting on 24th Avenue South from South 38th to 42nd Streets, on 38th Avenue South from 24th to 30th Avenues South, on 29th Avenues South from South 38th to South 42nd Streets, and on South 40th Street from 24th to 29th Avenue South, had expired on March 26, 1998 and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council member Hafner and seconded by Council Member Babinchak to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 125, PROJECT NO. 4641

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 125, Project No. 4641, street lighting on South 21st Street from 26th to 27th Avenues and on 26th Avenue South from 20th to 23rd Streets, had expired on March 26, 1998 and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council Member Hafner and seconded by Council Member Babinchak to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 121, PROJECT NO. 4636

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 121, Project No. 4636, street lighting at Rivers Edge and 49th Avenue South from Belmont Road to Rivers Edge Drive, had expired on March 26, 1998 and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council member Hafner and seconded by Council Member Babinchak to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

REJECT BIDS ON STREET LIGHTING PROJECTS NOS.
4597, 4642, 4639, 4506, 4641 AND 4636, AND
AUTHORIZE READVERTISING FOR BIDS

The city auditor presented and read tabulation of bids which had been received and opened on Monday, March 23, 1998 for Street Lighting Projects Nos. 4597, 4642, 4639, 4506, 4641 and 4636.

Committee No. 3, Public Service, reported having considered the matter of construction bids for 1998 residential street lighting projects: 1) Project No. 4597, District No. 119, street lights on Oxford Street, Harvard Street and Princeton Street, and 5th Avenue North; 2) Project No. 4642, District No. 126, street lights on Cambridge Street, Hamline Street, and 5th Avenue North; 3) Project No.4639, District No. 124, street lights at Garden View Estates; 4) Project No. 4506, District No. 115, on South 38th Street from 24th to 30th Avenues South; 5) Project No. 4641, District No. 125, on South 21st Street from 26th to 27th Avenues South, and on 26th Avenue South from 20th to 23rd Streets; and 6) Project No. 4636, District No. 121, at Rivers Edge and 49th Avenue South from Belmont Road to Rivers Edge Drive; and recommended to reject bids and to re-advertise the projects.

It was moved by Council Member Klave and seconded by Council Member Hafner to approve the recommendation. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 118, PROJECT NO. 4509

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 118, Project No. 4509, street lighting on South 42nd Street from 29th to 32nd Avenues South, had expired on March 26, 1998 and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council Member Babinchak and seconded by Council Member Sande to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 122, PROJECT NO. 4637

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 122, Project No. 4637, street lighting on South 31st Street from 32nd to 36th Avenues South, had expired on March 26, 1998 and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council Member Babinchak and seconded by Council Member Sande to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

CONTINUE HEARING ON DETERMINATION OF PROTEST
ON RESOLUTION OF NECESSITY FOR STREET LIGHTING
DISTRICT NO. 120, PROJECT NO. 4635

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 120, Project No. 4635, street lighting at English Coulee Center 2nd Addition, had expired on March 26, 1998 and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council Member Babinchak and seconded by Council Member Sande to continue the public hearing to a date uncertain. Carried 13 votes affirmative.

REJECT BIDS ON STREET LIGHTING PROJECTS NOS.
4509, 4637 and 4635, AND AUTHORIZE READVERTISING
FOR BIDS

The city auditor presented and read tabulation of bids which had been received and opened on Monday, March 23, 1998 for Street Lighting Projects Nos. 4509, 4637 and 4635.

Committee No. 3, Public Service, reported having considered the matter of construction bids for 1998 commercial street lighting projects: 1) Project No. 4509, District No. 118, street lights on 30th Avenue South from 38th to 42nd Streets; 2) Project No. 4637, District No. 122, street lights on South 31st Street from 32nd to 36th Avenues South; and 3) Project No.4635, District No. 120, street lights at English Coulee Center 2nd Addition; and recommended to reject bids and to re-advertise the projects.

It was moved by Council Member Klave and seconded by Council Member Hafner to approve the recommendation. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the cash balance report for December, 1997 and for January and February of 1998. It was moved by Council Members Sande and Beach to receive and file the reports. Carried 13 votes affirmative.

The city auditor presented and read the investment report as of March 31, 1998. It was moved by Council Member Klave and seconded by Council Member Carpenter to receive and file the report. Carried 13 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, February 19, 1998, that notice had been published as required and that the following appeals were heard: 1) Jim Lunski on behalf of Allen Mercil, 2637 North 42nd Street, request for variance to the sideyard and rearyard setback and landscaping requirements to erect an addition to the building; variance approved allowing three feet of sideyard setback with new roof overhang extending no more than the existing, ten feet rearyard setback and a three year delay in the paving requirements, to build an addition to the existing commercial building; 2) Mike Stromberg, 3016 Chestnut Street, request for variance to the setback requirement to erect additions onto the house, with variance approved allowing six feet of sideyard setback on the south side of the property and eight feet of sideyard setback on the north side of the property to construct additions to the house; 3) two variances were heard on floodproofing requirements, and according to the City code the granting of this type of variance must be recorded with the Federal Insurance Administration, Department of Housing and Urban Development. These variances will not be recorded unless or until they are utilized; and would occur when a building permit is issued for a particular value of work, and another condition that must be met when utilizing this type of variance is for the property owner to sign a declaration of insurance. Bob and Kent Caulfield on behalf of BLK Properties, 13 and 17 North 3rd Street, have requested a variance to the flood proofing requirements to substantially remodel the structure, with variance approved allowing no floodproofing requirement in order to remodel the buildings; 4) Greg Stennes on behalf of Whitey's Cafe, 201 North 3rd Street, made a request for a variance to the flood proofing requirements to substantially remodel the structure, with variance approved allowing no floodproofing requirements in order to remodel the buildings.

It was moved by Council Member Sande and seconded by Council Member Bouley that this report be and is hereby received and filed.

Mr. Swanson reported that there is a provision in the floodplain ordinances for the issuance of variances by the Board of Adjustments and criteria established, that it will not apply to all properties and is based upon the determination made by the Board of Adjustments.

Upon call for the question, the motion carried 13 votes affirmative.

APPROVE BILLS

Vendor payment Listing No. 98-05, dated April 6, 1998, and totaling $3,044,433.93, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

APPROVE BUDGET AMENDMENT

Committee No. 1, Finance, reported having considered the matter of budget amendment to transfer $23,757.00 to fund position for employee moving from MIS Department to Finance, and recommended to approve the budget amendment.

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

AUTHORIZE STAFF TO CONDUCT ORAL BIDDING ON
SALE OF CITY PROPERTY

Committee No. 1, Finance, reported having considered the offer to purchase Lot B, Harty's 2nd Addition (known as 4330 Gateway Drive) by Bradley Beyer in the amount of $7,500.00, and recommended to reject the offer.

Committee No. 1, Finance, reported having considered the offer for land known as Lot B, Harty's Second Resubdivision, and recommended that since we have two bids to direct staff to do oral bidding between the two bidders if they are interested and that City reserves right to reject all bids.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that these recommendations be approved.

Council Member Beyer asked to be excused from voting on this matter. It was so moved by Council Members Klave and Hafner to excuse Council Member Beyer from voting on this matter. Carried 13 votes affirmative.

There was some discussion relative to procedure on these motions, that the committee had reconsidered its prior action on first motion which would take that motion off the table and only motion before council would be the subsequent motion.

Upon call for the question on the motion to consider oral bidding between the two bidders if so interested. Carried 12 votes affirmative; Council Member Beyer abstaining.

APPROVE REQUEST FROM GRAND FORKS JAYCEES
TO SPONSOR DANCE IN DOWNTOWN ON APRIL 25

Committee No. 2, Public Safety, reported having considered the request from Grand Forks Jaycees to sponsor street dance in downtown on April 25, and recommended to approve street dance along with blocking of North 3rd Street between DeMers Avenue and 1st Avenue North and 200 block of 1st Avenue North (Riverboat Road) and the city parking lots beginning at 7:00 p.m., contingent upon review and approval of police department and street department.

Committee No. 2, Public Safety, reported having considered the request from Grand Forks Jaycees to sponsor street dance in downtown on April 25 and recommended to grant variance to noise ordinance until 12:30 a.m.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Carried 13 votes affirmative.
ACCEPT BIDS FOR AUCTION SERVICES FOR ANNUAL
POLICE AUCTION

Committee No. 2, Public Safety, reported having considered the bids for auction services for annual police auction to be held May 16, 1998, and recommended to accept the bid of Dietrich Realty and Auction Company.

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

APPROVE CHANGE ORDER FOR FIRING RANGE

Committee No. 2, Public Safety, reported having considered the matter of change order for ventilation/firing range, and recommended to approve change order in the amount of $900.00.

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

AUTHORIZE CLOSING OF PORTION OF NORTH 3RD
STREET FOR FLOOD REMEMBRANCE

Committee No. 2, Public Safety, reported having considered the request from Gary Christianson to close North 3rd Street from 1st to 2nd Avenues North on April 19, Flood Remembrance, and recommended to approve request contingent upon approval of police department and street department.

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

APPROVE VARIANCES TO NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the request from Opp Construction Co. for waiver of noise ordinance for street repair project, and recommended approval of request to give blanket exemption to Opp Construction for variance to noise ordinance for road repair on major arterials for 1998 construction season.

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

Committee No. 2, Public Safety, reported having considered request from Gowan Construction for variance to noise ordinance for hauling of materials from Washington Street from 7:00 p.m. to 7:00 a.m. for period of up to 10 days (materials would be hauled on 32nd Avenue South, Washington Street, DeMers Avenue and Gateway Drive), and recommended approval of request of Gowan Construction for up to 10 days starting April 13.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the police department in the amount of $65,553.00, cash carryover to be used for vehicle purchase, was presented and read.

A request for budget amendment for the police department in the amount of $92,208.00, to reflect block grant fund carried over from 1997, was presented and read.

A request for budget amendment for the police department in the amount of $428.00 for repairs to police unit #7 (to be reimbursed by insurance funds), was presented and read.

A request for budget amendment for the police department in the amount of $4,000 to reflect Traffic Safety Grant funds for RAID Program, was presented and read.

A request for budget amendment for the police department in the amount of $50,000.00 for cash carry over to reflect money budgeted for purchase of telephone system.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these budget
amendments be and are hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST FOR FIREWORKS DISPLAY ON
POINT BRIDGE APRIL 19, 1998

Committee No. 3, Public Service, reported having considered the matter of request from City of East Grand Forks for fireworks display on Point Bridge on April 19, 1998, and recommended approval of request for East Grand Forks fireworks display on evening of April 19 from Point Bridge, contingent upon approval of police, fire and street departments and signing of hold harmless agreement.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that these budget amendments be and are hereby approved. Carried 13 votes affirmative.

ACCEPT BIDS FOR OIL PRODUCTS

Committee No. 3, Public Service, reported having considered the matter of bids for oil products, and recommended to accept low bid of Agri-City Cooperative Services in the amount of $13,034.65.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4435,
RAW WATER INTAKE IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4435, raw water intake improvements, and recommended to approve change order in the amount of $5,957.98.

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

APPROVE AMENDMENT NO. 1 FOR PROJECT NO.
4671, UPGRADE LIFT STATION NO. 21

Committee No. 3 , Public Service, reported having considered the matter of Amendment No. 1 for construction engineering services for Project No.4671, upgrade Lift Station No. 21, and recommended to approve the amendment to the engineering services agreement for construction phase services in an amount not to exceed $23,390.00.

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

APPROVE CHANGE ORDER NO. 4 FOR PROJECT NO.
4654, LIFT STATION RESTORATION

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 4, Project No. 4654, Lift Station Restoration, Hanson Electric of Bemidji, and recommended to approve the change order in the amount of $9,320.00, with change in completion day to January 7, 1998.

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

APPROVE CHANGE ORDER FOR PROJECT NO.4199,
UPGRADE LIFT STATION NOS. 22 AND 23

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 4, Project No. 4199, upgrade Lift Station Nos. 22 and 23, Smith Construction Company, and recommended to approve change order in the amount of $1,544.57.

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

ADOPT RESOLUTION SUPPORTING WAFFLE PLAN
Committee No. 3, Public Service, reported having considered the matter of consideration of waffle plan re. flood protection, and recommended to adopt resolution to support the waffle plan and to endorse the gathering of data.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7467 - Resolution.

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

APPROVE CONCEPT REPORT FOR PROJECT NO.
4756, REHAB/RECONSTRUCT BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of final project concept report for Project No. 4756, Rehabilitate/Reconstruct Belmont Road, and recommended approval of project concept report and the authorization to finalize plans and specifications.

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

APPROVE CONCEPT REPORT FOR PROJECT NO. 4757,
MILL AND OVERLAY DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of final project report for Project No. 4757, mill and overlay downtown streets, and recommended to approve project concept report for this project.

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

AUTHORIZE PROCEEDING WITH PROJECT NO. 4746,
PAVING OF SOUTH COLUMBIA ROAD FROM 36TH
AVENUE SOUTH TO ULLAND PARK

Committee No. 3, Public Service, reported having considered the matter of engineering study and report for various projects: Project No. 4746, pave South Columbia Road from 36th Avenue South to Ulland Park, and recommended to proceed with a road in the 10-15 year range and engineering to work out details and bring back to committee, and further to discuss financing with Park and School Districts and County as well.

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


APPROVE AMENDMENT TO AGREEMENT FOR PROJECT
NO. 4746