Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 17, 1998

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, August 17, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 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.

Mayor Owens welcomed Boy Scout Troop 5, Wesley United Methodist Church, and its leaders, and that Troop 5 is here to earn their citizenship badges.

APPROVE MINUTES FOR JUNE 15, 23 AND 29, 1998

Typewritten copies of the minutes of the adjourned meetings of the city council held on Monday, June 15, 1998 and Tuesday, June 23, 1998; of the organizational meeting of the council held on Tuesday, June 23, 1998 and of the special meeting of the council held on Monday, June 29, 1998, were presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that these minutes be approved as read. Carried 14 votes affirmative.

SUSPEND AGENDA TO CONSIDER REPORT FROM CITY
ENGINEER ON FLOOD PROTECTION PROJECT

Mayor Owens asked to suspend the agenda to consider an item which will be done the first meeting of the month, a report on the flood protection project. It was moved by Council Member Martinson and seconded by Council Member Bakken to suspend the agenda as requested. Carried 14 votes affirmative.

Mayor Owens reported she had three individuals from a citizens group come to her office and presented her with a letter and a petition containing approx. 300 signatures to appoint Tom Hagness as a citizen's representative for flood control. She stated she discussed with some council members to see how to make this communication open up and to gain the trust of the citizens, and that in talking with Council Member Carpenter as president of the city council, they came up with what they thought was a good plan and would hope they would work with us to help move this project forward with citizen involvement but also with a communications team that would help to inform people as to what's happening, not only with Corps of Engineers, but with Shannon & Wilson and through the entire project through the next year, particularly September, 1999 and go from there. Mayor Owens stated she would like to put in place a communications team which would consist of herself as mayor, Council Member Carpenter as city council president and representing the southend of the city, Council Member Bouley representing the northend of the city and those three people would be the team that would be put in place with the city and work to make sure communications are carried out with the individuals and the contact people. She stated they would continually communicate to be on track and get project working with the greatest comfort and ease that everything possible has been done prior to putting in place any project. She stated that they would accept the appointment as a liaison, Tom Hagness as the citizens' appointee and would not be a city council or mayor's appointment and he would be given every access to all information with Shannon and Wilson and anything he may want and communicate directly with staff to keep communications moving between everyone, and they will be as informed at all times as we are, and as soon as we have things will make sure you also have the information through Mr. Hagness and will have reports at the first council meeting of every month at the beginning of the meeting. It was moved by Council Member Glassheim and seconded by Council Member Hamerlik to approve the communications team as follows: the mayor, Council Members Carpenter and Bouley.
Mayor Owens stated they would have to determine what Mr. Hagness' role would be, that he would be citizens communicator in most instances and would have one person to communicate with us. She stated that communications with Shannon & Wilson would be through the communications team, working with City staff and making council aware also. It was noted that once a month information would be presented to council of what's been going on with Shannon and Wilson and how progress moving along in their contract. Council Member Carpenter stated that Ken Vein, city engineer, will be presenting a communications plan for the entire flood protection project and staff will be doing the monthly updates, and that he sees the role of this communications team as being the primary communications link between the neighborhoods and that if they designate Mr. Hagness, and that's who they will be communicating and keeping them informed, and in addition to that there will be the staff communications plan they will be putting forth, and there will be lots of communication going on but team will be the link between the neighborhoods specifically affected by the dike line and the city council.

Mayor Owens stated that the communications team will be to keep everyone updated on the whole flood control project until construction starts and probably will continue that after, so that people aware of what's happening on the project.

Upon call for the question, the motion carried 14 votes affirmative.

Ken Vein, city engineer, reported that they will be using 3-ring binders for being able to manage a lot of the information that's going to be disseminated on this process and in light of recent controversy, have decided they would update the communications plan and council will see that before them, along with copy briefly describing what's before council, and that there is a flood protection project city communications plan, and briefly reviewed with the committee and gave an update.

Mr. Vein stated that what they are trying to do - that it's best to have a monthly council update at the first meeting of the month, that there is included a schedule of the things they will talk about and will give in addition to the oral report a written report that would be available for council or anybody in the public who would want to have access to that information. He stated that perhaps in mid-month they would do a monthly public update meeting, an evening meeting, and would bring in somebody like Shannon and Wilson or another consultant, etc. to be available to answer questions, one on one, and do in off-weeks when not having council meetings. He stated they would continue to do the flood protection update newsletter which goes out to approx. 150 local, state and federal officials and about 1,000 households. He stated they would try to continue weekly radio updates; and recovery road newsletter is another publication that is out and would make use of that with any additional information. He stated they have also talked about doing some special in-depth articles that may get into more detail than what gets put out at the meetings, and make special request to the Herald to run something. He stated they have current information on the web page included on that and special information requests that would come out, that he has staff people who are willing to take on any questions that may come up specifically, and potential to get information out to service clubs and any other local groups as necessary.
Mr. Vein reported that the tools they would use, many standard tools: press releases, and in many cases the Corps does their own, and in some cases the City would do those and would try to keep council informed in advance as much as possible. He stressed some of the neighborhood meetings and when applicable, would have those in the future depending on the situation. He stated that the open houses and public input sessions are ones that the Corps uses and where might have some plans that would like to have people specifically come forward to see and would handle those through that type of open house. He stated they have special mailings and have had to do this in some cases where there is something that specifically relates to a certain number of residents. He stated they may have to look at special talk show appearances, again beyond those they would standardize in the once a week type of meetings, and would involve maybe more than engineering staff, could be Corps, could be consultants, etc. He stated they could look at letters to the editor and/or articles of special publication, such as Dakota Student, etc. He stated they would try to use those tools as necessary to get out whatever information that they possibly can, and would like to strive to do a better job with getting that information out, and this is the plan by which they would want to do that. He reported they've organized the binders at this time chronologically by month, and August would be first update that they would like to get for the city council.

Mr. Vein reported that under the technical work of the Corps of Engineers, it states that the draft general re-evaluation report and environmental impact statement is to be released August 21 and the City will have a copy for council members to review. He stated that the authorization is only for the authorization for the general concept of the project which is the levee and floodwall plan and is for the purpose of proposed amount of money and confirms that the concept meet federal government standards from an environmental standpoint, does not finalize the alignment.

Mr. Vein reported that under the City consultant's update they have Shannon & Wilson, and have given them a notice to proceed with a couple areas, have asked them to work on the continued review and consultation of the Corps' design criteria and methodology, not for sure of the availability of the Corps to do this at this time but want to make sure that they have the concurrence to continue with that. He stated it is of interest immediately for them to help with the review and consultation on proposed Corps geotechnical exploration, including but not limited to the instrumentation and test sections. He stated they talked about it at the water treatment plant, and we're very interested in what that means long term for us in potential other locations also and want to work with Shannon and Wilson and the Corps to resolve this as soon as possible.

He stated to review and consult on the proposed scope of work for the June technical design memorandum, that the Corps has not spent much time in doing that and need to get started. He stated there are some alignment issues that are discussed and a copy of the six different alignment criteria that were used, and that's for their information and want to add that to the binder. He stated they will have to start talking about betterments and what that means, how they will pay for it and how extensive of betterments they want to look at, and goes beyond geotechnical when they look at betterments, there may be a desire for them to look at the levee, cross section itself, may want to look at what want to do in the greenway for betterment, etc.; so betterments may have an economic impact on the project and early on need to address how they will handle those, including those having to do with the alignment.

Mr. Vein reported that under WRDA authorization, the Senate has completed a markup of WRDA in July and included the Grand Forks/East Grand Forks project in their version; the House is being held up due to a conflict in views about a Sacramento project, and both House and Senate are targeted to adjourn in early October and the idea is that those conflicts will be resolved and hope to have WRDA authorization passed by Congress at that time.

He reported that under project financing they talk about the federal appropriations process as has been noted earlier that the total estimated cost has risen to $342 million with $171 million for the non-federal share, the delegation is trying to get our project included as a new start in the President's budget for FY2000, and in doing that would have to be a part of his budget in January and February of 1999; no set time for exact appropriation would be voted on until later, and voted on an annual basis. He reported that on State appropriation process, they are aware that the Governor's promised $52 million, but there's not been any promise on what to do if he would go 50-50 on the increase which would have cost the State $58 million. He stated that the Corps has indicated that the project will need about $25 million from the State in the first biennium, and that's similar amount to what the City of Grand Forks would also have to be ready to pay. He stated that with that the local funding comes into play, and the finance committee has begun discussions on the quarter percent sales tax and we've also been looking at a city-wide special assessment, and will have to finalize what funding is going to be and that will be up to the council to establish exactly when but before could proceed with this project after it's been authorized and appropriated, would have to be in place.

Mr. Vein reviewed section on Acquisitions and the Phase IV Voluntary Acquisition Project is for those properties affected by the proposed dike line, 69 offers have been made of which 63 active at this time, and 18 properties have been acquired at a total cost of $3.68 million.

Mr. Vein reported that a significant part of the project is the greenways, that they have looked at proposals from Charles Flink, president of Greenways, who was here earlier with a part of the project and we would look at what type of consultant services that we would need from him in the future, and that the MPO is currently coordinating a tree inventory of existing trees in the proposed greenway area as a part of this project.

He reported that under Community Information/Dissemination the City's communications plan updated and implemented immediately to keep council and residents better informed on the project status; State Communications Plan is to be formulated as well as the National Plan. He reported that last Thursday the State Water Commission had a meeting in Grand Forks and we took a number of them on a tour of the alignment and their understanding of the impacts this project on the community seem to be understood very clearly. He reported that it has also been suggested that we do another series of neighborhood meetings and to talk about the interim flood protection plan; and also there's been some thought or desire to possibly take the city council on a tour of the proposed dike alignment, and if those are of interest to let engineering department know and they will arrange the tour. He stated that there are two open houses that will be set for public view and comment on the Corps of Engineers draft, general re-evaluation report and EIS report on September 15 from 3:00 to 8:00 p.m. and on September 16 from 12:00 noon to 3:00 p.m. Both will be held at the civic auditorium.

The council determined that a report be made at the first council meeting of each month.

Council Member Beyer stated that it would be wise to make time for tour of the dike alignment, so understand implications to the neighborhood and to the City and encouraged staff to set up.

Council Member Hafner stated that he was concerned about one of the issues of the alignment alluded to tonight, in talking about communications, that there maybe a time in the future where have to consider betterments that are going to be assessed against a segment of a neighborhood, and concerned that when gone through all the trouble of determining what these betterments are, what it's going to cost and the neighborhood can't decide; and it would be helpful in some way if we could assist potential neighborhoods in finding a way for them to organize so that when these questions do arise, they are ready to deal with them, and would suggest some mechanism that we can help an area where we know they're making potential for an assessment so that when it comes up we don't end up with a neighborhood fight. Council Member Lucke stated that it's within the realm of possibility that those betterments will be paid by the city as a whole, but that's discussion we haven't entered into yet. Council Member Hafner stated he was speaking hypothetically that it may happen, that betterments may go beyond what the City is prepared to pay and that neighborhoods may choose to assess themselves to do it.

Mayor Owens stated that the City will do everything possible to make this work, and that if people have concerns to please come to us if those concerns aren't being answered.

TABLE ORDINANCE RELATING TO CHANGE IN
DEFINED BENEFIT PLAN

An ordinance entitled "An ordinance repealing specified sections of Chapter VII of the Grand Forks City Code relating to retirement in General and Pension Plan”, which had been introduced and passed on its first reading on June 15, 1998, was presented and read for consideration on second reading.

Howard Swanson, city attorney, reported that he had a telephone conference with Don Carlson, attorney at Dorsey & Whitney out of Minneapolis, who is involved in the redrafting of the defined contribution plan, as well as the drafting of the defined benefit plan, and that they discussed whether the amendments proposed should be placed in the final form at this time or whether they should be included in the plan documents that will be considered tomorrow. He stated that based upon their conversation it is his recommendation that council table this proceeding until their next meeting and this would allow the pension committee to discuss the matter further.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak to table this matter until the next meeting. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3727, RELATING TO PENALTIES

An ordinance entitled "An ordinance amending Sections 8-1501, 8-1502, 9-0501, 9-0502 and 23-0101 of the Grand Forks City Code relating to penalties", which had been introduced and passed on its first reading on August 3, 1998, was presented and read for consideration on second reading.

Mayor Owens asked if there was anyone present who had comments on this matter; there were none.

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

ADOPT ORDINANCE NO. 3728, AMENDING ZONING
MAP TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD,
CONCEPT DEVELOPMENT PLAN, THE SOUTH ONE-HALF OF
NW QUARTER, SW QUARTER AND WEST ONE-HALF OF
SE QUARTER OF SECTION 21, T151N, R50W OF 5TH
PRINCIPAL MERIDIAN

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 Southern Estates PUD (Planned Unit Development), Concept Development Plan, the South one-half of the Northwest Quarter, the Southwest Quarter and the West One-half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 1998, and upon which public hearing had been scheduled for June 15, 1998, and continued until this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called 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.

The Planning and Zoning Commission reported having considered the matter of the request from Steven L. Adams on behalf of Gornowicz, Useldinger and Greenberg, for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within Southern Estates PUD (Planned Unit Development) District, Concept Development Plan, the South Half of the Northwest Quarter, the Southwest Quarter and the West Half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 16th Street and South Columbia Road and between 36th Avenue South and 47th Avenue South), 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. The recommendation was moved and seconded by Council Members Martinson and Beyer.

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

ADOPT ORDINANCE NO. 3729, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE PLAT OF SOUTH
PINES 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 South Pines Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 6, 1998, was presented and read for consideration on second reading and final passage.

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

Mayor Owens called for the public hearing. There were no comments and the public hearing was closed.
The 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 Crary Development for Final approval of the plat of South Pines Addition to the city of Grand Forks, ND being a portion of the East Half of the Northwest Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located west of Cherry Street between 47th Avenue South and the Southend Drainway), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the attached ordinance amending the Street and Highway Plan. The recommendation was approved by Council Members Beyer and Glassheim.

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

ADOPT ORDINANCE NO. 3730, RELATING TO THE
LAND DEVELOPMENT CODE RELATING TO OFF-STREET
PARKING AND LOADING

An ordinance entitled "An ordinance relating to the Grand Forks Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions and Chapter XVIII, Article 3, Rules and Regulations; Section 18-0302, Off-Street Parking and Loading, subsection (14) off-street parking", which had been introduced and passed on its first reading on July 6, 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 city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department for final approval of an ordinance to amend the off-street parking and loading section of the Land Development Code, Chapter XVIII, Section 18-0302, subsection (14) Off-street parking, and recommended final approval and passage of the ordinance amending the text of the Land Development Code. The recommendation of the report was approved by Council Members Klave and Babinchak.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PARKING
DISTRICT NO. 11, PROJECT NO. 4796

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking District No. 11, Project No. 4796, construction of Corporate Center parking ramp between South 4th and South 5th Streets and between Kittson and DeMers Avenues, had expired on June 18, 1998 and had been extended until this evening, and that he had received protests which he read into the record: Fisher, Olson, Daley & Bata, Ltd. for Lot A, Replat of Lot 2, Block 23, Original Townsite and Lot 4, Block 23, Original Townsite; from Goldwater L.L.C. for street address 114-118 North 3rd Street; John C. Satrom and Jan Satrom for 101 South 3rd Street; Midwest Investment Company, 112 North 3rd Street; Dacotah Building, Inc., 100 North 3rd Street; LTD Properties, Inc. on North 5th Street, Lot 8, Block 22, Original Townsite; L.T.D. Properties, Inc., 414 DeMers Avenue; L.T.D. Properties, Inc., 9 North 3rd Street; L.T.D. Properties, Inc. for 10 North 3rd Street; Todd Nedberg, 311-313 DeMers Avenue; Pearson, Christensen, Larivee, Clapp, Fiedler, Fischer & Jensen, 24 North 4th Street; Dacotah Building, Inc. for Lot B, Replat of Lot 5, Block 1, Auditor's Resubdivision No. 17; Dacotah Building, Inc. for Lot A, Replat of Lot 5, Block 1, Auditor's Resubdivision No. 17; Dacotah Building, Inc. for the SErly one-half of Lot 4 and all of Lots 5 and 6, Block 17, of the subdivision of Blocks 16, 17 and 24, Town of Grand Forks; The Lander Group, Inc. & St. John's Block, 214 DeMers Avenue; The Lander Group, Inc. and St. John's Block, 202 DeMers Avenue; The Lander Group, Inc. and St. John's Block, 2 North 3rd Street; Caulfield Studios for 13 North 3rd Street and 17 North 3rd Street; GLS Limited Partnership #3 for 23 North 3rd Street; Best Western Town House for Lot 2, Block 2, Renewal Subdivision No. 5 which is 710 1st Avenue North. He stated that all of those protests constitute 19.7% of the special assessment district.

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

Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7615 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Bakken that we declare an insufficiency of protest against Parking District No. 11, Project No. 4796, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS FOR PARKING DISTRICT NO. 11,
PROJECT NO. 4796

The engineer's estimate of total cost of the construction of Corporate Center parking ramp located between South 4th and 5th Streets and between DeMers and Kittson Avenues in the amount of $ , was presented and read.

The Flood Response Committee reported having considered the matter of approval of plans and specifications for the Corporate Center Parking Ramp, and recommended approval of plans and specifications for the Corporate Center parking ramp.

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

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7616 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 556, PROJECT NO. 4795

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 556, Project No. 4795, construction of paving on North 53rd Street from 10th to 12th Avenues North and on 12th Avenue North from North 53rd to 55th Streets. had expired on July 30, 1998 and had been continued until this evening, 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 none.

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 7617 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 556, Project No.4795, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4795, DISTRICT NO. 556

The city auditor presented and read tabulation of bids which had been received and opened on Monday, August 10, 1998 for Paving Project No.4795, District No. 556, paving on North 53rd Street from 10th to 12th Avenues North and on 12th Avenue North from North 53rd to 55th Streets, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $154,710.95: Document No. 7618 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4795, District No. 556, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: Project 4795, District 556, paving North 53rd Street and 12th Avenue North, and recommended to accept the low bid of Valley Contracting Company in the amount of $154,710.95.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7619 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution awarding the contract for Paving Project No. 4795, District No. 556, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

ADOPT RESOLUTION VACATING SEGMENT OF
NORTH/SOUTH ALLEY LYING IN BLOCK 1, LINCOLN
PARK VIEW ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a segment of the north/south alley lying in Block 1, Lincoln Park View Addition, and described as abutting the southerly 20 ft. of Lots 22 and 33 and all of Lots 23 through 32 of said Block 1, 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 the auditor's 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 Glassheim and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7620 - Resolution.

It was moved by Council Member Beyer and seconded by Council member Hafner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING ACCESS CONTROL LINE
LYING ALONG SOUTH LINE OF LOTS 1 AND 2, BLOCK
1, CONGRESSIONAL FIRST RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of the access control line lying along the south line of Lots 1 and 2, Block 1, Congressional First Resubdivision to the city of Grand Forks, 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 the auditor's 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 Beyer and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7621 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Martinson that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING ALLEY IN BLOCK
27, TOWN OF GRAND FORKS, EXCEPT PORTION ADJACENT
TO LOTS 1 THROUGH 6, BLOCK 27

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of the alley lying in Block 27, Town of Grand Forks, except that portion lying adjacent to Lots 1 through 6, inclusive, the required legal notice had been published calling or a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

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 and the public hearing was closed.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7622 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 14 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, July 30, 1998, that notice had been published as required and that the following appeals were heard: 1) MDI Limited Partnership, 1224 Walnut Street, request for a variance to the landscaping, paving, accessory building and impervious surface area requirements to remodel the existing building to apartments, and variance granted to allow 5 feet of paving setback on the north lot line and zero feet of paving setback from the building but install a 6 foot high wood fence, 25.6' of driving lane width, 72% impervious surface area coverage and zero feet of setback in front of the overhead doors of the garages to remodel the existing property into apartments; 2) Kent Anderson on behalf of Prairie harvest Foundation, 930 N. 3rd Street, request for a variance to the off-street parking and loading requirements, and variance approved to allow 12 ft. of driving lane to remodel the parking lot; 3) Don Lee on behalf of Gateway Storage, 5118 Gateway Drive, request for variance to the rear yard setback requirements, and variance granted to allow 5 ft. of rear yard setback to erect storage facilities; 4) Sharrell Holter, 719 Cottonwood Street, request for variance to the front yard setback requirements, and variance granted to allow 20 ft. of front yard setback to erect a porch addition.

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

APPROVE BILLS

Vendor Payment Listing No.98-14, dated August 17, 1998 and totaling $6,633,738.35, all having been audited by the city auditor for payment, was presented and read.

It was moved by Council Member Klave 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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE BUDGET AMENDMENT

A request for budget amendment for the Civic Auditorium in the amount of $3,000 for resurfacing loading ramp on west side of civic auditorium from cash carryover, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this budget amendment be approved. Carried 14 votes affirmative.

AUTHORIZE ADVERTISING FOR DEMOLITION OF
HOUSE AND SALE OF PROPERTY AT 1315 7TH
AVENUE NORTH

Committee No. 1, Finance, reported having considered the matter of property at 1315 7th Avenue North (Lots 9 and 10, Block 8, Alexander & Ives' Addition), and recommended that we advertise for demolition of the house and sale of the lot and garage, individually or together.

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

APPROVE APPLICATION FROM LM GLASFIBER FOR TAX
EXEMPTION WITH A GRADUATED SCALE

Committee No. 1, Finance, reported having considered the matter of tax exemption application from LM Glasfiber, and recommended that we find that there are no competitors for LM Glasfiber and approve application with a graduated scale rather than a straight 60%.

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

APPROVE REQUEST FOR CHANGE IN VARIANCE
TO NOISE ORDINANCE FOR PASTA PARTY ON
AUGUST 22, 1998

Committee No. 2, Public Safety, reported having considered the matter of request for change in variance to noise ordinance for Pasta Party on August 22 until 1:00 a.m. and it was recommended that the request be approved.

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

APPROVE REQUEST BY THE EDGE TO SPONSOR STREET
DANCE IN DOWNTOWN AND APPROVE VARIANCE TO
NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the request from The Edge, 10 North 3rd Street, to sponsor street dance in downtown on September 11 and 12, and recommended to approve request with variance to noise ordinance until 12:30 a.m.

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

APPROVE REQUEST TO HOLD ANNUAL POTATO
BOWL USA PARADE ON SEPTEMBER 12

Committee No. 2, Public Safety, reported having considered the request to hold annual Potato Bowl USA Parade on September 12, and recommended to approve the request.

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

DIRECT POLICE DEPARTMENT TO CONDUCT HEAVIER
MONITORING ON 17TH AVENUE SOUTH WEST OF
COLUMBIA ROAD AND OTHER SCHOOL AREAS