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PROCEEDINGS OF THE CITY COUNCIL OF
THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 4, 1997

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, August 4, 1997 at the hour of 7:00 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; absent: Council Members Hanson, Glassheim - 2; 1 seat vacant.

President Hagness announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that public comments on items not on the agenda would be heard at the end of the meeting.

ADOPT LOGO PROPOSED BY COMMUNICATIONS
TASK FORCE MARKETING COMMITTEE

John Tandy of the Communications Task Force Marketing Committee presented proposed logo for consideration by the council. Mr. Tandy reported that on June 27 they were asked by the Communications Task Force, which is a sub-committee of the mayor's task force to create a marketing committee of which he is chair. He stated that they were given very clear objectives by the Communications Task Force, that they assembled a team of local media advertising professionals to begin their work, that they presented their ideas back to the Communications Task Force and the Mayor's Task Force. He then presented proposal including logo (Grand New Greater Grand Forks) and final recommendations, and they were looking for approval to proceed with their work, that logo is driving element of their campaign. It was noted that they are not requesting any funding.

It was moved by Council Member Polovitz and seconded by Council Member Hafner that we adopt the logo as presented. Carried 11 votes affirmative.

PRESENTATION BY REPRESENTATIVE OF AMERICAN
ARBITRATION ASSOCIATION

Michele Gullickson Moore, Dir. of Regional Development, American Arbitration Association, addressed council, describing services they are providing in a cooperative agreement with the UND Conflict Resolution Center for mediation and arbitration services for people who are entering into contracts and may have mortgage and loan agreements that are now coming into problems. She stated that in other disasters they have handled thousands of claims with a 75-80% settlement rate; that they are looking to provide same kinds of services, and distributed pamphlets to the council for referral purposes. She stated they can be reached at the Red River Valley Community Action Center and would welcome comments, referrals and questions.

ADOPT ORDINANCE NO. 3662, AMENDING SECTION
15-0117 OF THE GRAND FORKS CITY CODE RE.
MOSQUITO CONTROL FEE

An ordinance entitled "An ordinance amending Section 15-0117 of the Grand Forks City Code relating to mosquito control fee", which had been introduced and passed on its first reading on July 21, 1997, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

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ADOPT ORDINANCE NO. 3663, ANNEXING ALL OF
LOCKWOOD ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lockwood Addition lying within a portion of the Southwest Quarter of the Southwest Quarter of Section 28, Township 152 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 21, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

HOLD PUBLIC HEARING AND ADOPT RESOLUTION
AUTHORIZING ISSUANCE OF SEWER RESERVE
REVENUE BOND, SERIES 1997D, TO FINANCE
THE UNDERTAKING OF AN EXPANSION AND
IMPROVEMENT OF THE MUNICIPAL SEWERAGE UTILITY

The city auditor reported that notice to the public calling for a public hearing to be held this evening on the proposed sewer system improvements as follows: a storm water drainway including excavation, 885 ft. of box culvert, additional storm sewer pipe and a 24 ft. wide concrete discharge chute, est. cost of the improvement is $3,940,000, and that the City proposes to issue bonds to defray the estimated cost by adoption of a resolution in accordance with Ordinance No. 3540, had been published as required and that no written protest against the issuance of bonds had been filed with his office.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and President Hagness closed the public hearing.

Council Member Beyer introduced the following resolution and moved its adoption, which motion was seconded by Council Member Bakken: Document No. 7334 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

COUNCIL MEMBER HAFNER EXCUSED

REPORTS OF OFFICERS

The city auditor's cash balance report for period ending June 30, 1997, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 10 votes affirmative.

REPORT OF BOARD OF ADJUSTMENTS
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August 4, 1997

A communication from the Board of Zoning Adjustments was presented and read stating that the Board had held a public hearing in City Hall on Thursday, July 17, 1997, that notice had been published as required and that the following appeals were heard: 1) Paul Sandstrom on behalf of RDO Equipment, 6565 Gateway Drive, request for variance to the construction and maintenance requirements to erect an addition, with motion to approve the variance allowing crushed concrete be utilized as the paving material in lieu of asphalt on driveways; 2) Dexter and Elizabeth Perkins, 1112 Cottonwood Street, request for variance to the side yard setback requirements to erect an accessory building, with motion to approve a variance allowing twenty inch setback in the side yard requirement to reconstruct a new detached garage.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 10 votes affirmative.

COUNCIL MEMBER HAFNER REPORTED BACK

APPROVE BILLS

Vendor Payment Listing No. 97-11 dated August 4, 1997 and totaling $1,879,952.21, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Klave that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL OF TAX INCREMENT
FINANCING, AND CALL FOR PUBLIC HEARING FOR
SEPTEMBER 2, 1997

Committee No. 1, Finance, reported having considered the request by Ecolab/Stauss Development for tax increment financing, and recommended preliminary approval of tax increment financing with provisions to be reviewed/established by staff and call for public hearing for September 2, 1997.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE JOB DESCRIPTION FOR CHIEF OF POLICE

Committee No. 2, Public Safety, reported having considered the matter of job description for chief of police, and recommended to approve job description with amendments.

Committee No. 2, Public Safety, reported having considered matter of schedule/timelines for the hiring process for the position of chief of police, and recommended to tentatively approve the timelines.

Committee No. 1, Finance, reported having considered the matter of job description for chief of police, and recommended to approve job description with change to education to state minimum or equivalent of bachelor's degree.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that these recommendation be and are hereby approved. Carried 11 votes affirmative.
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August 4, 1997

APPROVE REQUEST TO BLOCK STREET IN FRONT
OF CIVIC AUDITORIUM DURING GFG FOOD SHOW

Committee No. 2, Public Safety, reported having considered the request to block street in front of civic auditorium on September 11 and 12 during Grand Forks Grocery Food Show, and recommended to approve request to block street in front of the auditorium from the entrance of parking lot adjacent to the civic auditorium to North 6th Street.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE REMOVAL OF PARKING AT 28TH AVENUE
SOUTH AND SOUTH 17TH STREET TO IMPROVE
SIGHT DISTANCE

Committee No. 2, Public Safety, reported having considered the request for removal of parking to improve sight distance at 28th Avenue South and South 17th Street, and recommended to remove parking 80 ft. north on the east side of South 17th Street and 80 ft. south on the west side of South 17th Street, measuring from the 28th Avenue South curbline.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE GRANT AGREEMENTS WITH ND DEPARTMENT
OF HEALTH AND HUMAN SERVICES

Committee No. 2, Public Safety, reported having considered the matter of grant agreements with ND Department of Health and Human Services: a) Cancer Prevention and Control Grant Agreement, $12,090; b) Local Health Services grant agreement, $40,178; c) Maternal Child Health grant agreement, $83,925; and d) Federal Financial Assurance agreement; and recommended approval of the agreements contingent upon review and approval by the city attorney.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request to amend the budget for Communicable Diseases/Health in the amount of $1,603.00 to reflect unanticipated Families First revenue, was presented and read.

A request to amend the budget for Knight Foundation Grant/Health in the amount of $27,320.00 to reflect continuation of grant from prior year, was presented and read.

A request to amend the budget for Women's Way Program/Health to reflect a new grant from the ND Department of Health for breast and cervical cancer screening, in the amount of $12,090, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Sande that these budget amendments be and are hereby approved. Carried 11 votes affirmative.

APPROVE CHANGE IN CORPORATE OWNERSHIP OF
FORMER GRIGGS LANDING AND CHANGE IN LOCATION
OF ALCOHOLIC BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the request for change 15045
August 4, 1997

in ownership of former Griggs Landing from Himax Corporation to Mr. B's and change in location of liquor license from 103 North 3rd Street to 710 1st Avenue
North, and recommended to approve change in corporate ownership of the license from Himax Corp. to Mr. B's pending review by the city attorney, and to approve change in location of the license from 103 North 3rd Street to 710 1st Avenue North pending approval by the city attorney.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST TO HOLD GRAND PASTA PARTY
ON THE PRAIRIE ON AUGUST 23

Committee No. 2, Public Safety, reported having considered the matter of request to hold Grand Pasta Party on the Prairie on August 23, 1997, and recommended to allow closing of ring road from DeMers Avenue to North 3rd Street, and public parking lot behind Ski & Bike Shop; to grant variance to the noise ordinance to 12:45 a.m.; and to provide four off-duty police officers for this event, two at no cost and two at regular special event rates.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST FROM GREATER GRAND FORKS
JAYCEES TO HOLD PARADE IN CONJUNCTION WITH
POTATO BOWL USA ACTIVITIES

Committee No. 2, Public Safety, reported having considered the matter of request from Greater Grand Forks Jaycees to hold parade in conjunction with Potato Bowl USA week on September 20, and recommended parade route from the Y Family Center to the University.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST FOR VARIANCE TO NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered request for variance to noise ordinance by Phi Delta Theta, 601 Princeton Street, on August 30, 1997, and recommended approval of the request for variance until 11:00 p.m.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Committee No. 2, Public Safety, reported having considered request from First National Bank, 2501 DeMers Avenue, for variance to noise ordinance on August 15 until 11:30 p.m. and blocking of street, and recommended approval of the request and granting of a variance until 11:30 p.m.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4440, SOUTHEND DRAINAGE
DITCH, PHASE 1A

Committee No. 3, Public Service, reported having considered the matter of agreement for construction engineering services between CPS, Ltd. and the City for Project No. 4440, southend drainway ditch, Phase 1A, and recommended to authorize entering into the agreement contingent upon city attorney's review.

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August 4, 1997

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following
voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR CONSTRUCTION OF
UTILITIES/PAVING IN SUNLAND WEST RESUBDIVISION
AND UNIVERSITY TECHNOLOGY PARK ADDITION

Committee No. 3, Public Service, reported having considered the matter of agreement for design engineering between CPS, Ltd. and City for construction of utilities and paving in Sunland West Resubdivision and University Technology Park Addition, and recommended to authorize entering into the agreement with CPS, Ltd.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT
PAVING PROJECT NO. 4660, DISTRICT NO. 552

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4660, District No. 552, paving in Johnson's 2nd Addition, 3rd Addition and 4th Addition, and recommended that we adopt a resolution creating the 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, that the property owner provide up-front monies on the project, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7335 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4660, DISTRICT NO. 552

The city auditor presented and read the engineer's report on Paving Project No. 4660, District No. 552: Document No. 7336 - Report.

It was moved by Council Member Klave and seconded by Council Member Hafner that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4460, DISTRICT NO. 552

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7337 - Resolution.
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August 4, 1997

It was moved by Council Member Klave and seconded by Council Member Hafner that
this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

APPROVE REVISED ENGINEER'S REPORT, PAVING
PROJECT NO. 4557, DISTRICT NO. 551

The city auditor presented and read the revised engineer's report for Paving Project No. 4557, District No. 551, and recommended to approve the revised engineer's report: Document No. 7338 - Report.

Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Paving Project No. 4557, and recommended to approve the revised engineer's report.

It was moved by Council Member Klave and seconded by Council Member Hafner that the recommendation be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4658, DISTRICT NO. 255

The city engineer's estimate of total cost of the construction of watermain in Johnson's 4th Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4658, District No. 255, watermain in Johnson's 4th Addition, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids for the project.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7339 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4659, DISTRICT NO. 389

The city engineer's estimate of total cost of the construction of storm sewer in Johnson's 4th Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4659, District No. 389, storm sewer in Johnson's 4th Addition, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids for the project.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7340 - Resolution.

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It was moved by Council Member Klave and seconded by Council Member Hafner that
this resolution be and is hereby adopted. Carried 11 votes affirmative.

APPROVE CHANGE ORDERS FOR PROJECT 4438,
UPGRADING LIFT STATION 17

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4438, Upgrade Lift Station #17: 1) Moorhead Construction, contractor, to extend vent duct to bottom of "old" wet pit, $4,427.50; and 2) John's Electric, relocate flow-meters to upper floor, $1,000; and recommended approval of the change orders.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR DEVELOPMENT OF AREA ALONG 36TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of development of area long 36th Avenue South, and recommended to authorize entering into three-way agreement with developer and engineer for installation of paving, sanitary sewer, storm sewer and watermain; and for storm sewer to serve proposed Burger King on Lot 1, Block 1, Perkins Second Addition.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE APPRAISAL REPORTS AND OFFERS TO
PURCHASE PROPERTY FOR SOUTHEND DRAINWAY,
SEWER PROJECT NO. 4440

Committee No. 3, Public Service, reported having considered appraisal report and offer to purchase for southend drainway at 51st/52nd Avenues South alignment between Chestnut Street and Ulland Park, for and in consideration of $112,800, and other good and valuable considerations, grantor, Alan Thompson and Lyle and Bert Johnson, with funding from Project No. 4440, and recommended submitting offer to purchase based upon appraisal report in the amount of $112,800.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

Committee No. 3, Public Service, reported having considered appraisal report and offer to purchase for southend drainway at 51st/52nd Avenue South alignment between Chestnut Street and Ulland Park, grantor Francis Curran, with funding from Project No. 4440, and recommended submitting offer to purchase based upon appraisal report in the amount of $58,300.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.
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Committee No. 3, Public Service, reported having considered the appraisal report and offer to purchase for southend drainway at 51st/52nd Avenues South alignment between Chestnut Street and Ulland Park, for and in consideration of the sum of $78,900.00, grantor Yvonne Jacobson and Dean and Richard Curran, with funding from Project No. 4440, and recommended submitting offer to purchase based upon appraisal report in the amount of $78,900.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

DECLARE VACATED PROPERTY AS SURPLUS AND
AUTHORIZE ENTERING INTO PRIVATE SALE TO
ADJACENT PROPERTY OWNERS

Committee No. 3, Public Service, reported having considered the matter of petition from Brian Kamrowski, etal. to vacate and/or abandon 10-foot wide strip of land deeded and designated for alley purposes, determination and declaration of surplus property (rear 10 ft. of Lots 30, 31 and 32, Block 9, Holes Central Addition, located south of 4th Avenue South between Cherry Street and Cottonwood Street), and recommended to declare this property as surplus and to dispose of the property.

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

Mr. Swanson reported that it is anticipated that the portions of each lot that is to be declared surplus has a value of $2500 or less, consequently the motion should authorize the City to enter into the private sale of the property to adjoining property owners. Council Members Klave and Hafner so moved to amend the motion. Carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE ADDITIONAL TOWER LOCATIONS UNDER LEASE
AGREEMENT WITH WIRELESS NORTH FOR INSTALLATION
OF COMMUNICATION ANTENNAS AND DISHES

Committee No. 3, Public Service, reported having considered the matter of tower lease agreements for installation of communication antennas and dishes at Viking School water tower and northwest water tower (27th Avenue North and North 43rd Street), for and in consideration of $7800/year each, Wireless North, grantor, and recommended to approve the inclusion of two additional tower locations under the lease agreement at $7800/ea. annually.

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

Mr. Swanson reported that what was negotiated with Wireless North was that for the first five years of a ten-year lease, the sum of $7,800 would be paid as rental per site, that for the second five years of the ten-year lease the sum of $8,970 will be paid; that there is five-year extension upon mutual agreement at a price to be determined, and all documents in order.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, 15050
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Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

MATTER OF RENTAL REHAB. LOANS

Committee No. 4, Urban Development, reported having considered the matter of rental rehab. loans, and recommended that we process rental rehab applications in order received and fund in the same order provided qualifications are met up to the State Small Cities grant of $1 million or the depletion of program funds.

It was moved by Council Member Polovitz and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ACCEPT FLOOD RESPONSE STAFFING RECOMMENDATIONS

The Committee of the Whole reported having considered the matter of flood response staffing recommendations, and recommended to accept the plan as presented.

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

Council Member Hamerlik asked if any of these positions would be filled by current city employees as some positions high level and to bring someone in for six to twenty-four months takes quite a bit of training and then revert to their original positions after that period of time. The city auditor stated that is anticipated to occur, that if there are qualifying individuals for those positions it would be intent to give them the first opportunity at those positions.

It was moved by Council Member Babinchak and seconded by Council Member Sande to add to Human Resources personnel, one human resource analyst at a grade 16, and a one office specialist at a grade 10. Carried 11 votes affirmative.

Upon call for the question on the original motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN
CITY AND VARIOUS OTHER ENTITIES

The Bus Committee reported having considered the matter of proposed Memorandum of Understanding, and recommended approval of the Memorandum of Understanding between the State of North Dakota, the State of Minnesota, the City of Grand Forks, the City of East Grand Forks and the Grand Forks/East Grand Forks Metropolitan Planning Organization, subject to review by the city attorney.

It was moved by Council Member Sande and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

EXTEND EXISTING ADVERTISING CONCESSION
AGREEMENT

The Bus Committee reported having considered the matter of extending existing advertising concession agreement, and recommended approval to extend advertising concession agreement until December 31, 1997.

It was moved by Council Member Sande and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

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ACCEPT PETITION TO VACATE VARIOUS EASEMENTS
AND PUBLIC RIGHTS OF WAY DEDICATED ON THE PLAT
OF SUN LAND WEST SECOND RESUBDIVISION AND ON
THE PLAT OF RYDELL-WEST SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the petition from Sun Land West LLC and UND Foundation for approval of a resolution to vacate all utility easements, sidewalk and utility easements, 7th Avenue North and Sun Land West Avenue rights of way as platted and dedicated on the plat of Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota and all of 10th Avenue North being bounded on the west by the extension of the east right of way line of North 55th Street and bounded by the east by the extension of the west right of way line of North 52nd Street as platted and dedicated on the plat of Rydell-West Subdivision, Grand Forks, North Dakota, and recommended approval of a resolution to vacate all utility easements, sidewalk and utility easements, 7th Avenue North and Sun Land West Avenue rights of way as platted and dedicated on the plat of Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota and all of 10th Avenue North, being bounded on the west by the extension of the east right of way line of North 55th Street and bounded on the east by the extension of the west right of way line of North 52nd Street as platted and dedicated on the plat of Rydell-West Subdivision, Grand Forks, North Dakota, and to set the date of the public hearing for September 15, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required. Carried 11 votes affirmative.

APPROVE PRELIMINARY PLAT AND INTRODUCE
ORDINANCE TO AMEND STREET & HIGHWAY PLAN
TO INCLUDE PUBLIC RIGHTS OF WAY

The City Planning and Zoning Commission reported having considered the request from CPS, Ltd. on behalf of Sun Land West LLC and the city council for preliminary approval of the plat of Congressional First Resubdivision to the city of Grand Forks, ND (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th Streets), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for August 18, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Hafner introduced 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 Congressional First Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN NORTH CONGRESSIONAL PUD
DISTRICT ALL OF CONGRESSIONAL FIRST
RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz and the UND Foundation on behalf of the Flood Response Committee and the Tri-chairs for preliminary approval of an ordinance
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to amend the Zoning Map to exclude from Sun Land West PUD (Planned Unit Develop-ment) District, (Concept and Detailed Development Plan) and from the B-3 (General Business) District and to include within the North Congressional PUD (Planned Unit Development) District, (Concept Development Plan), all of Congressional First Resubdivision to the city of Grand Forks, ND (located between 6th and 12th Avenues North and between North 51st and 55th Streets), and recommended pre-liminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for August 18, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from Sun Land West PUD (Planned Unit Development) District, (Concept and Detailed Development Plan) and from the B-3 (General Business) District, and to include within the North Congressional PUD (Planned Unit Development) District, (Concept Development Plan), all of Congressional First Resubdivision to the city of Grand Forks, ND", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE ORDINANCE
AMENDING STREET & HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF CONGRESSIONAL
SECOND RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of UND Aerospace Foundation and the city council for preliminary approval of the plat of Congressional Second Resub-division to the city of Grand Forks, ND (located between University Avenue and the Burlington Northern/Santa Fe Railroad right of way and between Technology Circle and North 55th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for August 18, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include public rights of way shown as dedicated on the plat of Congressional Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE SOUTH CONGRESSIONAL
PUD DISTRICT, CONCEPT DEVELOPMENT PLAN, ALL
OF CONGRESSIONAL SECOND RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Tom Clifford and the UND Aerospace Foundation on behalf of the Flood Response Committee and the Tri-chairs for preliminary approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Heavy Industrial) District and to include within the South Congressional PUD (Planned Unit Develop-ment) District, Concept Development Plan, all of Congressional Second Resub-division to the city of Grand Forks, ND (located between University Avenue and the Burlington Northern/Santa Fe Railroad right of way and Technology Circle, and North 55th Street), and recommended preliminary approval subject to special
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conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for august 18, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the I-2 (Heavy Industrial) District and to include within the South Congressional PUD (Planned Unit Development) District, Concept Development Plan, all of Con-gressional Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ACCEPT BIDS FOR FLOOD-RELATED PROJECTS

The Flood Response Committee reported having considered the matter of Mortenson update: a) mechanical work in City Hall, and recommended to accept the bid of Air Mechanical, Inc. in the amount of $281,466.00, plus Alternate E-2 in the amount of $16,130.00.

The Flood Response Committee reported having considered the matter of Mortenson update, consideration of bids for flood-related projects), b) Electrical work in City Hall, and recommended to accept bid of Ron's Electric in the amount of $133,500 base bid, plus alternates E-1 and E-2 in the amounts of $29,900 and $5,432.

The Flood Response Committee reported having considered the bids for c) systems furniture for City Hall, and recommended that we negotiate solely with Gaffaney's for the supply of systems equipment on the basis that they are regional Steel Case supplier, and upper Steel Case components have been salvaged from the flooded areas.

It was moved by Council Member Bakken and seconded by Council Member Hafner that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

MATTER OF PHASE IA BUYOUT UPDATE

The Flood Response Committee reported having considered the matter of Phase IA (buyout) update, and recommended to approve submittal of application for additional funding for buyout program as previously approved, with change to include Riverside Park area.

It was moved by Council Member Bakken and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AMEND CONTRACT WITH M.A.MORTENSON TO INCLUDE
CONSTRUCTION MANAGEMENT SERVICES

The Flood Response Committee reported having considered the matter of construc-tion manager for housing development and recommended to amend contract with M.A. Mortenson for construction management services.

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

Council Member Klave expressed some concern that they shouldn't overlook local
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firms but that they should have opportunity to bid on this, as did several other council members. Members of the Flood Response Committee stated that because of the timeframe and need to move forward, recommended to go with the Mortenson firm and not through the bidding process. Mr. O'Leary stated they have gone out of their way to keep as much work locally as possible, and will continue to make those overtures, that his problem is that the work of the construction manager doesn't start with date of closure (on land) but starts in advance of that, that construction manager needs to develop contracts with building contractors, need to be looking at plans and specs., making sure they meet housing quality standards, etc.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Carpenter, Sande, Bakken, Hafner, Hagness - 6; voting "nay": Council Members Polovitz, Hamerlik, Klave, Beyer, Babinchak - 5; President Hagness declared the motion carried.

APPROVE APPOINTMENT TO AIRPORT AUTHORITY

President Hagness announced the re-appointment of Dave Molmen to the Airport Authority for a five-year term, and asked for concurrence in this appointment. It was moved by Council Member Sande and seconded by Council Member Carpenter that this appointment be and is hereby approved. Carried 11 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 301, dated July 31, 1997 and totaling $2,895,053.56, of which $1,211,173.02 are flood-related items on City structures, was presented and read.

It was moved by Council Member Beyer and seconded Council Member Sande that
these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same.

Council Member Babinchak asked that she be excused from voting on any estimates to Duckstad Contracting. It was so moved by Council Member Klave and seconded by Council Member Beyer. Carried 10 votes affirmative.

Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak (except those estimate payments to Duckstad Contracting), Bakken, Hafner, Hagness - 11; voting "nay": none President Hagness declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Paving Project No. 4410, District No. 539; Sewer Project No. 4525, District No. 378; and Sewer Project No. 4620, District No. 384.

It was moved by Council Member Babinchak and seconded by Council Member Hafner that these recommendations be and are hereby approved. Carried 11 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX ALL OF LOT K,
BLOCK 2, SUN LAND WEST SECOND RESUBDIVISION
AND NORTH 55TH STREET PUBLIC R/W

The City Planning and Zoning Commission reported having considered the matter of
the request from Sun Land West LLC on behalf of the city council for approval of
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an ordinance to annex to the city of Grand Forks, ND all of Lot K, Block 2, of a Replat of Lots 1 through 28, Block 1, Lots 1 through 12, Block 2, Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota, containing 26.93 acres more or less and North 55th Street public right of way adjacent thereto containing 1.34 acres more or less, total area containing 28.27 acres more or less (this area is located 130 feet north of 7th Avenue North and 10th Avenue North and between North 51st Street and North 55th Street), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for August 18, 1997.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lot K, Block 2, of a Replat of Lots 1 through 28, Block 1, Lots 1 through 12, Block 2, Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota, containing 26.93 acres more or less and North 55th Street public right of way adjacent thereto containing 1.34 acres more or less, total area containing 28.27 acres more or less", which was presented, read and passed on its first reading.

AUTHORIZE HIRING OF FIRM TO ASSIST IN
SEARCH FOR POLICE CHIEF

Committee No. 2, Public Safety, reported having considered the matter of hiring Corporate Human Services, Inc. to assist in the search for a new police chief as outlined in their proposal, and recommended we so hire.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

MATTER OF FLOOD-RELATED ITEMS

President Hagness asked if there was anyone in the audience who had comments or would like to address council re. items of interest, and items would be referred if answers were needed:

Vern Sander, 317 Euclid Avenue, stated that at the July 7 meeting Mr. O'Leary had brought up matter of incentives which had been put on hold and that he would get back to them in four to five weeks, and asked what status was. President Hagness asked Mr. O'Leary to respond to Mr. Sander's concerns.

Beth Carlson, 908 S. 24th Street, stated they had main floor flooding along with neighbors between Ben Franklin School and the Grand Forks Clinic, and would like their area to be declared as one of the buyout phases, or if there is grant money to held floodproof their homes, and are asking for assistance. President Hagness stated they are aware of this and Mr. O'Leary and Flood Response Committee are looking at this. He also noted that Secretary Cuomo, HUD, is coming to town this week and City is anticipating more funding, and will be looking at those areas.

Loren Bervik, 2409 Crescent Drive, stated that they had over $10,000 damage and FEMA gave them a travel trailer and rental assistance, but doesn't get their house back to normal, that they have elevated their house and put new basement under it, and asking City to consider CDBG grants to assist those people that didn't get FEMA money. President Hagness referred this matter to the Flood Response Committee.

Mark Reinhiller, 406 18th Avenue South, stated they received damage to their
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house, 62.4% damage according to Corps and recommended house be demolished, and soon will be forced to make decision re. their house, and asked what plan is to help those people in that situation. President Hagness will know more within few short weeks.

Doug Sprehe, 610 Plum Avenue, asked what probability of dike or diversion for combination, would like answers soon, and asked about voucher system re. existing vs. new homes, and suggested he talk with Mr. Vein or Mr. O'Leary.

Tim Lamb, 1704 Belmont Road, stated his concern is rental rehab. and that they will be holding a forum on Thursday, 7:30 p.m. at the Westward Ho Motel, are inviting landlords as well as tenants, and would like to set an agenda that basically they want to understand issues in the community that are in the area of landlord/tenant and demands out there and what issues are there; and requested council's presence at the forum. He noted that they have also invited Congressional delegation, Governor's Office, etc. He stated this is sponsored by himself and several others.

Clark Thompson, 724 North 4th Street, stated he purchased flood insurance a day late and received denial letter, and in the hopes of the City getting funds to purchase properties outside the floodplain was curious whether or not a building permit denial would be issued upon purchase agreement of a home outside the floodplain because the SBA will not give a relocation loan unless building permit is denied. President Hagness suggested he call the city attorney's office.

John Dickinson, 416 Walnut Place, stated that in July 1981 the US Corps of Engineers completed an urban water resources study, the US Senate authorized this study on 30 September, 1974, and this report clearly warns of the results of a 100-year flood in our city, these warnings are a virtual press release of our April flood; consider the following "existing emergency levees in East Grand Forks do not provide adequate or dependable flood protection, the city remains subject to major economic losses, threats to public health and safety and possible loss of life. Consideration must be given to upgrading emergency levees to provide properly designed and constructed flood protection commensurate with local floodplain and flood insurance programs. The seriousness of the flood threat to East Grand Forks is unquestioned as are the inadequacies of the existing emergency levee system". A large part of the urbanized area of Grand Forks is subject to direct surface water flooding." An occurrence of the 1% chance flood would over-top the Lincoln Park levee by about 0.6 ft. The Central Park area is protected to a limited and uncertain degree from a 3.3% frequency flood offering residents a false sense of security against flooding. In the event of a major flood this levee is susceptible to erosion and/or over-topping. He again stated that this is a 1981 document. The 100-year flood would over-top the Riverside Park flood barrier by 0.7 ft., this flood barrier also creates a false sense of security against flooding and leaves the area subject to potentially high economic losses. Approximately 70 sq. blocks of the downtown area would be inundated by the 100-year flood. "Even with the existing Corps project emergency levees, periodic emergency flood fight activities, and current non-structural methods, Grand Forks is subject to severe damage from a major flood occurrence. The emergency levees are inadequate in height and design and are undergoing foundation failure in some areas, thus these levees offer affected residents a false sense of security and leave them with a real threat to life and property. "The developed floodplain areas of the city remain subject to inunda-tion with a related high potential for economic losses to public health and safety." "Over 2600 structures are located in the 100-year floodplain in Grand Forks, over 2400 are residential, over 200 are commercial or industrial and about 50 are public; about one-third to one-half of the Grand Forks central business district is in the 100-year floodplain. "These measures constitute a false sense of security against flood damage for area residents. "The city should annually notify local floodplain residents of the extent and level that these properties
would be affected by the 100-year flood. "The City should consider purchasing
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and removing, as they become available, the floodplain properties more than 100 ft. within the 100-year floodplain or having a first floor elevation below the 100-year flood level. The City should evaluate the feasibility of using HUD block grants for this purpose.

Mr. Dickinson stated that the Corps issued these warnings almost twenty years ago, that while it is wrong to blame today's City leaders for this, clearly this city's past leaders failed to heed these warnings; the handwriting was clearly on the wall many years ago, but today we are without 100-year flood protection; one of most precious constitutional freedoms is the right to petition for redress of grievances and to expect our government to hear and to respond. He reads the Corps clarion warnings and recalls the April disaster and asks, do they have a grievance yet. Mr. Dickinson submitted copies of the documents.

Council Member Beyer stated that the City was in the process of a Corps study. Council Member Bakken stated they are in the process of acquiring property in the 100-year floodplain, and that the money the City is getting from HUD is not going to be enough from the Government to take care of everything everybody would like them to do in this city. He also noted that they are doing some things for residents who are outside the floodplain that are damaged, through volunteer groups (free labor, free building materials, etc.) and hopes this will be of assistance to property owners outside the floodplain.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to the council for discussion and/or referral to committee:

1) Council Member Carpenter stated that the Flood Response Committee had considered and approved entering into negotiations for purchase of land on the southside and that this matter didn't come to council, and questioned whether this was something they should be doing when they are closing on two other parcels of land for development, and without knowing the status of the voucher system or other incentives. Mr. O'Leary reported that the recommendation came from the Mayor's Committee on Housing and that the City should not just be looking at housing on the west side of the Interstate but also developing land on southside of the city. He stated that the parcels being examined have three different owners and not in front of committee because they haven't had meeting with the owners, they will start negotiations tomorrow. He stated they will be taking 550 houses off the market in the next month and that will reduce tax base by $40 million and need to do everything to replace that, not enough land in original two parcels and some of those properties will be developed into rental townhouses, to build all of replacement houses, need to look at alternate sites and need to be looking at more than just the next year, but for next half decade or more. Council Member Carpenter stated that there are two assumptions, one is that the City should be buying and developing all the lots and there are private developers who maybe should be doing some and City not doing it all; and two, is that get deal just prior to meeting and not know details and without council having discussed, want to proceed with this and disappointed that this didn't come to council for discussion.
2) Council Member Hafner presented matter of difficulty of eastbound traffic in making left turns at 32nd Ave.s. and S. 38th Street; President Hagness referred the matter to the public safety committee.
3) Council Member Beyer presented matter of cleanup of buildings downtown; President Hagness referred this matter to the Flood Response Committee.
4) Council Member Sande introduced Capt. Mark Nelson, who will be temporary chief of police from August 19 until December 1.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Polovitz
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that we do now adjourn until Monday, August 18, 1997 at 7:00 p.m. Carried 11 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor


Approved:
Thomas M. Hagness, President of
City Council and Acting Mayor