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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, February 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 Tuesday, February 17, 1998 at the hour of 7:30 p.m. with Mayor Owens presiding. Present at roll call were Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; absent: Council Member Beach - 1.

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

APPROVE MINUTES OCTOBER 6, 1997

Typewritten copies of the minutes of the city council meeting held on Monday, October 6, 1997 were presented and read. It was moved by Council Member Hagness and seconded by Council Member Beyer that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3698, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF VERN'S
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 Vern's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 17, 1997 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The city auditor presented and read the report from the City Planning and Zoning Commission that they had considered the request from CPS, Ltd. on behalf of Vern Gornowicz for final approval of a plat of Vern's Addition, Grand Forks County, North Dakota, lying within a portion of the Southeast Quarter of Section 35, Township 152 North of Range 51 west of the 5th Principal Meridian (located on the north side of U.S. Highway No. 2 between the Grand Forks Gun Club and Swangler Auto wrecking and currently occupied by Swangler Building Movers), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The recommendation had been moved and seconded by Council Members Hagness and Polovitz.

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

APPLICATION FOR MOVING PERMIT WITHDRAWN
The city auditor reported that the public hearing on the application by Carol R. Hansen to move a building from 700 3rd Street NW, East Grand Forks, MN to 1727 12th Avenue North to be used as a garage had been published and posted.

Mayor Owens called for the public hearing on this application.

Bev Collings, Building and Zoning Administrator, reported that the building had been demolished and application withdrawn.

It was moved by Council Member Hagness and seconded by Council Member Glassheim to receive and file information. Carried 13 votes affirmative.

RECEIVE AND APPROVE EMPLOYEE REFERENCE
GUIDE

The city auditor presented the matter of the employee handbook.

Dan Gordon, Human Resources director, reported that copies of the Employee Reference Guide had been sent to the council members for their review and/or response, and that copies had also been forwarded to department heads, employee representatives, etc. He reported that the previous guide had not been reviewed since 1992; he asked for authority to distribute the document.

Mr. Swanson, city attorney, advised that any deviation between the Code and the Employee Handbook will be resolved by the City Code; that the Code prevails or controls and should be included in the motion or in the minutes. He reported that the Handbook is a continuous document and will have to be updated.

It was moved by Council Member Sande and seconded by Council Member Hagness to accept and approve the handbook, and that any deviation between the City Code and the Employee Reference Guide will be resolved by the City Code. Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Glassheim and seconded by Council Member Babinchak that consent agenda items be referred to committee. Carried 13 votes affirmative.

Finance Committee:
1) request from John French to lease property at 316 North 4th Street for use as parking lot.

APPROVE BILLS

Vendor Payment Listing 98-02, dated February 17, 1998, and totaling $4,695,963.70, 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 Bakken and seconded by Council Member Carpenter 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 Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE POLICY FOR INSURING PROPERTIES
ACQUIRED UNDER VOLUNTARY ACQUISITION PROGRAM

Committee No. 1, Finance, reported having considered the matter of insurance for bought out properties, and recommended to establish policy that City insure with State Fire Insurance & Tornado Fund houses acquired under the voluntary acquisition program.

The Flood Response Committee reported having considered the matter of structural insurance and recommended insurance policy for City-bought property be approved and funded through CDBG.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 13 votes affirmative.

CONTINUE PRIVATE VEHICLE REIMBURSEMENT
POLICY

Committee No. 1, Finance, reported having considered the matter of review of private vehicle reimbursement policy, and recommended to continue the policy for 1998, and to approve IRS rate of 32.5 cents per mile.

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

ACCEPT BID FOR SECURITY LOCKS FOR CITY HALL

Committee No. 1, Finance, reported having considered the matter of security locks for City Hall, and recommended to award bid for card system to Keith's Lock and Key in the amount of $22,148.20.
It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT

A request for budget amendment from Grand Forks Youth Committee in the amount of $17,000 to reflect grant monies, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this budget amendment be and is hereby approved. Carried 13 votes affirmative.

APPROVE REMOVAL OF PARKING ON PORTION OF
NORTH 43RD STREET
Committee No. 2, Public Safety, reported having considered the matter of request to removed parking on North 43rd Street between 5th and 6th Avenues North, and recommended to approve removal of parking as requested.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER AND BUDGET AMENDMENT
FOR FIRING RANGE

Committee No. 2, Public Safety, reported having considered the matter of proposed change order on firing range, and recommended to approve change order in the amount of $19,929, with budget amendment of funds from Public Buildings Funds to the project.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment for the Wellness (Healthy Communities, Project #20261) in the amount of $5,044.00 from Altru Health Systems and ND Department of Health carryover ($1,144) and ND Department of Health monies not budgeted in 1998, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Sande that this amendment be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE KBM, INC. TO CALL FOR BIDS FOR
TECHNOLOGY AND PROCESS EQUIPMENT FOR WASTEWATER
TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of negotiating wastewater treatment equipment package with BioDigestor Technologies, Inc. (BDT), and recommended to authorize KBM, Inc. to call for bids for technology and process equipment with a March 9 due date.

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

INTRODUCE ORDINANCE RELATING TO OWNERSHIP,
REPAIR AND CONTROL OF WATER METERS

Committee No. 3, Public Service, reported having considered the matter of City ownership of water meters, and recommended to approve proposed ordinance and to introduce for first reading.

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

Council Member Hagness introduced an ordinance entitled "An ordinance amending Section 15-0114 of the Grand Forks City Code relating to ownership, repair, and control of water meters", which was presented, read and passed on its first reading.

ACCEPT BID FOR EMERGENCY ELECTRICAL
ASSISTANCE

Committee No. 3, Public Service, reported having considered the matter of bids for emergency electrical services, and recommended to accept the low bid of Ron's Electric, Inc. and authorize entering into a
contract for a two-year period on a per hour basis: $27.00/hr. for master electrician, $25.00/hr. for
journeyman electrician; and $15.00/hr. for laborer.

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

AUTHORIZE ENTERING INTO PRELIMINARY
ENGINEERING AGREEMENT WITH CPS, LTD. FOR
PROJECT NOS. 4713 AND 4714

Committee No. 3, Public Service, reported having considered the matter of agreement for
engineering services for various projects, CPS, Ltd. for project Nos. 4713 and 4714, storm sewer and paving North 55th Street from DeMers to Gateway Drive, and recommended to authorize entering into an engineering agreement with CPS, Ltd. in an amount not to exceed $19,782.00.

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

AUTHORIZE ENTERING INTO PRELIMINARY ENGINEERING
AGREEMENT WITH KBM, INC. FOR PROJECT NO. 4756,
RECONSTRUCT BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for various projects, KBM, Inc., for Project No. 4756, rehabilitate/reconstruct Belmont Road, and recommended to authorize entering into an engineering agreement contingent upon review of the agreement by the city attorney and engineering staff, agreement in an amount not to exceed $25,000.00.

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

AUTHORIZE ENTERING INTO PRELIMINARY ENGINEERING
AGREEMENT WITH ADVANCED ENGINEERING FOR PROJECT
NO. 4757, MILL AND OVERLAY DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services for various projects, Advanced Engineering for Project No. 4757, mill and overlay downtown streets, and recommended to authorize entering into engineering agreement with Advanced Engineering contingent upon review by the city attorney and engineering staff, in an amount not to exceed $57,096.00.

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

AUTHORIZE PROCEEDING WITH PROJECT DEFINING
SCOPE OF ENGINEERING SERVICES FOR PROJECT NO. 4717, STORMSEWER ANALYSIS OF NORTHWEST AREA OF CITY

Committee No. 3, Public Service, reported having considered the matter of defining scope of engineering services for Project 4717, stormwater analysis of area bounded by Gateway, Washington, University and Columbia, and recommended that staff proceed with project.

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

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR WATERMAIN PROJECT
NO. 4706

Committee No. 3, Public Service, reported having considered the matter of preliminary report for utilities to serve new middle school, and recommended to authorize entering into engineering agreement with CPS, Ltd. for Watermain Project No. 4706.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4506, DISTRICT NO. 115

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4506, District No. 115, street lighting on 24th Avenue South from South 38th Street to South 42nd Street, on South 38th Street from 24th Avenue South to 30th Avenue South, on 29th Avenue South from South 38th Street to South 42nd Street, and on South 40th Street from 24th to 29th Avenues South, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7404 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4506, DISTRICT NO. 115

The city auditor presented and read the engineer's report on Street Lighting Project No. 4506, District No. 115: Document No. 7405 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4506, DISTRICT NO. 115

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7406 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4509, DISTRICT NO. 118

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4509, District No. 118, street lighting on South 42nd Street from 29th Avenue South to 32nd Avenue South, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7407 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4509, DISTRICT NO. 118

The city auditor presented and read the engineer's report on Street Lighting Project No. 4509, District No. 118: Document No. 7408 - Report.

It was moved by Council Member Lucke and seconded by Council Member Klave that this report be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4509, DISTRICT NO. 118

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7409 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4637, DISTRICT NO. 122

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4637, District No. 122, street lighting on South 31st Street from 32nd Avenue South to 36th Avenue South, and on 36th Avenue South from South 31st Street 650 ft. east, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7410 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4637, DISTRICT NO. 122

The city auditor presented and read the engineer's report on Street Lighting Project No. 4637, District No. 122: Document No. 7411 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4637, DISTRICT NO. 122

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7412 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4597, DISTRICT NO. 119

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4597, District No. 119, street lighting on Harvard Street, Oxford Street, Princeton Street from University to 6th Avenue North, and on 5th Avenue North from Princeton Street east to the alley on Block 7, University Place Addition, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7413 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4597, DISTRICT NO. 119

The city auditor presented and read the engineer's report on Street Lighting Project No. 4597, District No. 119: Document No. 7414 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4597, DISTRICT NO. 119

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7415 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4635, DISTRICT NO. 120

Committee No. 3, Public Service, reported having considered the matter of creating special assessment
district for Street Lighting Project No. 4635, District No. 120, street lighting on South 30th Street in English Coulee Center Second 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7416 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4635, DISTRICT NO. 120

The city auditor presented and read the engineer's report on Street Lighting Project No. 4635, District No. 120: Document No. 7417 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4635, DISTRICT NO. 120

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 4718 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4636, DISTRICT NO. 121

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4636, District No. 121, street lighting in Rivers Edge and Anderson's 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7419 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4636, DISTRICT NO. 121

The city auditor presented and read the engineer's report on Street Lighting Project No. 4636, District No. 121: Document No. 7420 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4636, DISTRICT NO. 121

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7421 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4639, DISTRICT NO. 124

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4639, District No. 124, street lighting on Prairie Drive and Ivy Drive in Garden View Estates First 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7422 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4639, DISTRICT NO. 124

The city auditor presented and read the engineer's report on Street Lighting Project No. 4639, District No. 124: Document No. 7423 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4639, DISTRICT NO. 124

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7424 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4641, DISTRICT NO. 125

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4641, District No. 125, street lighting on 26th Avenue South from South 20th Street to South 23rd Street, and on South 21st Street from 26th to 27th Avenues South, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7425 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4641, DISTRICT NO. 125

The city auditor presented and read the engineer's report on Street Lighting Project No. 4641, District No. 125: Document No. 7426 - Report.
It was moved by Council Member Lucke and seconded by Council Member Klave that this report be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4641, DISTRICT NO. 125

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7427 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 4642, DISTRICT NO. 126

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Street Lighting Project No. 4642, District No. 126, street lighting on Cambridge Street and Hamline Street from University Avenue to 6th Avenue North, and on 5th Avenue North from the alley in Block 7 east to the alley in Block 5, University Place 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, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7428 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 4642, DISTRICT NO. 126

The city auditor presented and read the engineer's report on Street Lighting Project No. 4642, District No. 126: Document No. 7429 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 4642, DISTRICT NO. 126

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7430 - Resolution.
It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4715, DISTRICT NO. 258

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Watermain Project No. 4715, District No. 258, watermain on the 1000 and 1100 blocks of North 51st Street, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7431- Resolution.

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

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4715, DISTRICT NO. 258

The city auditor presented and read the engineer's report on Watermain Project No. 4715, District No. 258: Document No. 7432 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4715,
DISTRICT NO. 258

Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7433 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4463, DISTRICT NO. 387
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 4463, District No. 387, storm sewer on South 42nd Street from DeMers Avenue to 17th Avenue South, 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, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district which was presented and read: Document No. 7434 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4463, DISTRICT NO. 387

The city auditor presented and read the engineer's report on Sewer Project No. 4463, District No. 387: Document No. 7435 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4463, DISTRICT
NO. 387

Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7436 - Resolution.

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

AUTHORIZE CONNECTION OF BIBLE BAPTIST CHURCH
TO CITY WATER UNDER AGREEMENT FOR FUTURE
ANNEXATION

Committee No. 3, Public Service, reported having considered the matter of petition from Bible Baptist Church for annexation and for connecting to city water, and recommended to allow connection to city water under agreement for future annexation, that annexation will occur with 6-month notice provision and five-year end.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommenda-
tion be and is hereby approved.

Mike Custer, Pastor of Bible Baptist Church, read a brief statement to the council: We, at Bible Baptist Church, are aware of the somewhat irregular circumstances surrounding Bible Baptist Church's request to be granted access to the City's water system and fire protection, even so, we urge the city council to consider this request for what it is, the opportunity for our Church to pay the City to have fire hydrants installed as well as the water line laid so we can install an affordable water system and purchase water services from the city as well as provide the peace of mind that the city fire protection would afford our congregation. Note, that we are not requesting, nor do we expect, any of the following: sanitary sewage, we have already engineered plans in place to build our own system; storm drains; curbs, gutters, streets, sidewalks, etc. we certainly do not expect in the city, and if necessary, are willing to sign waivers regarding these services because our request is purely for the purpose of receiving the water supply and fire protection. As a part of this community for 32 years Bible Baptist Church is a worthy institution and our members are property owners and taxpayers, and we would appreciate very much your help in this matter. Thank you for your concern and assistance.

Council Member Sande reported that the owner of New Vision has contacted her and he is willing to spring for water also but very much opposed to being annexed to the city, and because this Church is so far from the nearest fire station, would be more comfortable if they seriously contemplated installation of sprinklers.

Council Member Carpenter raised question re. fees, and if annexed, would they not have to pay fee for fire protection. Mr. Swanson reported that if the property were in the city limits. there would not be an additional fee for fire protec-tion; only that property which is owned by religious organization and used for religious purposes would be exempt from tax, and as he understands their acquisi-tion, part of their property would be taxable and part would not be. He stated that there is not an immediate annexation proceeding nor a definite date of annexation; that the only way the City can provide water service outside the city limits is if they are either about to be annexed or under an agreement for annexation.

Council Member Hagness stated that the City doesn't want to give them full annexation because not ready to; they will provide all the upfront money for the hydrants, any fees that they City would charge, they are willing to pay; that if the fire department thinks they should have a sprinkler system in addition to the hydrants, the Church will provide that. He stated that if connect to Traill Water would cost $10,000 for their service (going under Highway 2) to bring water to their Church but wouldn't provide water volume/pressure to provide fire protection; they will sign any agreements that the City proposes and no future protest of annexation. He reported that there are four businesses out there, that New Vision wants water, but more difficult to get annexation at a later date, best time to bring in all at once, but City's problem with leap-frog development because from 55th Street to New Vision no development and committee's recommendation is to come up with agreement and give them fire protection with no protest of annexation, and they will provide all upfront costs of the improvements.

Council Member Polovitz stated opposition to the request, result in leap-frog development and annexation.

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

REFER MATTER OF ENGINEERING FEE OVERRUNS
FOR WATER SYSTEM CONCEPT PLAN, PROJECT NO.
4654.010, BACK TO COMMITTEE
Committee No. 3, Public Service, reported having considered the matter of engineering fee overruns for Water System Concept Plan, Project No. 4654.010, and recommended to approve amendment to the engineering contract in the amount of $49,052.00.

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

Council Members Lucke and Hagness asked that this matter be send back to committee for further consideration.

APPROVE FINAL PLAT, AND INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
STADTER RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of DBLLS Enterprise and William Rath for final approval (fast track) of Stadter Resubdivision to the city of Grand Forks, being a Replat of Lots A and B, Block A of the Replat of Block 2, Curran's 2nd Subdivision, (located south of 44th Avenue South between South Washington Street and South 16th Street - former Starlite Theater property), and recommended final approval subject to special conditions shown on or attached to the review copy including approval of a variance to the subdivision regulations as it relates to right of way dedication within a minor subdivision plat; to introduce the ordinance amending the Street and Highway map and to set the date of the public hearing for March 2, 1998.

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

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

APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR PSYCHIATRIC HOSPITAL

The City Planning and Zoning Commission reported having considered the matter of the request from EAPC Architects Engineers on behalf of the Center for Psychiatric Care, for approval of a conditional use permit for a psychiatric hospital as provided for in Section 18-0216 B-3 (Service Business) District of the Land Development Code (located south of 44th Avenue South between South Washington Street and South 16th Street - former Starlite Theater property), and recommended approval of a conditional use permit for a psychiatric hospital on Lot 2, Block 1, Stadter Resubdivision to the city of Grand Forks, ND (located at 1451 44th Avenue South).

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



GRANT FINAL APPROVAL OF PLAT OF REPLAT OF
LOT B, BLOCK 1 OF REPLAT OF LOTS 2 AND 3,
BLOCK 1, GATEWAY FIRST RESUBDIVISION AND REPLAT
OF LOT 4, BLOCK 1, GATEWAY FIRST RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Happy Harry's Bottle Shop, Inc. for final approval (fast track) of a Replat of Lot B, Block 1 of the Replat of Lots 2 and 3, Block 1, Gateway First Resubdivision and also a Replat of Lot 4, Block 1, Gateway First Resubdivision to the city of Grand Forks, North Dakota (located in the northwest corner of Gateway Drive and North Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN VERN'S PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT, CONCEPT DEVELOPMENT
PLAN, ALL OF VERN'S ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Vern Gornowicz for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to exclude from the I-2 (heavy Industrial) District and to include within Vern's PUD (Planned Unit Development) District, Concept Development Plan, all of Vern's Addition, Grand Forks County, North Dakota (located between U.S. Highway No. 2 and the City landfill and between the Grand Forks Gun Club and Swangler Auto Wrecking), and recommended preliminary 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 March 16, 1998.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Hagness 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 A-2 (Agricultural Reserve) District and to exclude from the I-2 (Heavy Industrial) District, and to include within Vern's PUD (Planned Unit Development) District, Concept Development Plan, all of Vern's Addition, Grand Forks County, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN JOHNSON'S PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, JOHNSON'S
1ST, 2ND, 3RD AND 4TH ADDITIONS AND KUSTER'S
2ND AND 3RD SUBDIVISIONS, WITH SUBSTANTIAL CHANGE
LYING IN LOTS 6 THROUGH 27, BLOCK 1, JOHNSON'S
4TH ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms for preliminary approval of an ordinance to amend the Zoning Map to exclude from Johnson's PUD (Planned Unit Development), Concept Development Plan - Amendment No. 2 and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan - Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions, Grand Forks, ND, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition (located west of South 40th Street between 11th Avenue and 15th Avenue South), and recommended preliminary 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 March 16, 1998.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Hagness 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 Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions to the city of Grand Forks, North Dakota, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF MIGHTY ACRES SECOND ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms for preliminary approval of the plat of Mighty Acres Second Addition to the city of Grand Forks, ND, lying within a portion of the E Half of the NW Quarter and the West Half of the NE Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located south of 49th Avenue South between Chestnut and Cherry Streets), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for March 16, 1998.

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

Council Member Hagness 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 Mighty Acres Second addition 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 MIGHTY ACRES SECOND PUD,
CONCEPT DEVELOPMENT PLAN, ALL OF MIGHTY ACRES
SECOND ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms for preliminary approval of an ordinance to amend the Zoning Map to rezone and exclude from the A-1 (Limited Development) District and the A-2 (Agricultural Reserve) District and to include within Mighty Acres Second PUD (Planned Unit Development) District, Concept Development Plan, all of Mighty Acres Second Addition to the city of Grand Forks, ND (located south of 49th Avenue South between Chestnut and Cherry Streets), and recommended preliminary 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 March 16, 1998.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Hagness 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 A-1 (Limited Development) District and the A-2 (Agricultural Reserve) district and to include within the Mighty Acres Second PUD (Planned Unit Development) District, Concept Development Plan, all of Mighty Acres Second Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF LOT 3, COUNTRYSIDE SUB-
DIVISION, INCLUDING VARIANCE TO ARTICLE 9, SUB-
DIVISION REGULATIONS

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Brian Bohlman for preliminary approval of a Replat of Lot 3, Countryside Subdivision, Grand Forks County, including a variance to Article 9, Subdivision Regulations of the Land Development Code and more specifically as it relates to Section 18-0907(5)(A) "Minimum Lot Area," (located north of 32nd Avenue South and east of South 83rd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy including a variance to the subdivision regulations relating to minimum lot size and maximum density; to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for March 16, 1998.

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

Council Member Hagness 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 Replat of Lot 3, Countryside Subdivision, Grand Forks County, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF SWANGLER'S SECOND ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Jerome Swangler for preliminary approval of a plat of Swangler's Second Addition, Grand Forks, North Dakota, being a part of the NE Quarter of the SE Quarter of Section 35, Township 152 North of Range 51 West of the 5th Prin-cipal Meridian (located approximately one-third of a mile north of U.S. Highway No. 2 along the west side of North 69th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for March 16, 1998.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Hagness 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 Swangler's Second Addition 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 I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF SWANGLER SECOND ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Jerome Swangler for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) district and to include within the I-2 (Heavy Industrial) District all of Swangler Second Addition, Grand Forks, North Dakota (located approximately one-third of a mile north of U.S. Highway No. 2 along the west side of North 69th Street), and recommended preliminary approval of the request; to introduce the ordinance amending the zoning map and to set the date of the public hearing for March 16, 1998.

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

Council Member Hagness introduced an ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District, all of Swangler Second Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE DOWNTOWN COMMERCIAL REHAB GRANT
APPLICATIONS

The Flood Response Committee reported having considered the matter of RGP grants: Ink, Inc. and recommended to approve the grant as requested in the amount of up to $44,420.

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

The Flood Response Committee reported having considered the matter of RGP grants: Ross Rollshoven, and recommended to approve grant request of $36,800 with recommendation that the feasibility of Bruce Avenue being used for parking for the proposed County building be addressed by staff.

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

APPROVE REBUILDING PLAN DEVELOPMENT PROCESS
CONCEPT AND DIRECT STAFF TO REQUEST FUNDING
ASSISTANCE FROM HUD

The Flood Response Committee reported having considered the matter of flood rebuilding plan, and recommended to approve the rebuilding plan development process concept and direct staff and mayor to request funding assistance from HUD.

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

APPROVE REOPENING OF PHASE III BUYOUT PROGRAM
WITH MARCH 15, 1998 DEADLINE

The Flood Response Committee reported having considered the matter of reopening of Phase III buyout program, and recommended to approve reopening of Phase III buyout program with deadline of March 15, 1998.

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

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

The Flood Response Committee reported having considered the matter of change orders for Lift
Station Restoration Project No. 4654, CDBG 6654.007, and recommended approval of change order in the amount of $6,970.00 for Items B-17 and B-43, electrical work, from Webster, Foster & Weston.

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

APPROVE CHANGE ORDER FOR SEWER CLEANING
PROJECT NO. 4687

The Flood Response Committee reported having considered the matter of Sewer Cleaning Project No. 4687, CDBG project #6687, and recommended approval of contract change order for sewer cleaning and televising for light debris at $275/hr. and heavy debris at $330/hr. from Webster, Foster & Weston.

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


APPROVE CONTRACTS FOR THIRD ROUND OF ENVIRON-
MENTAL ABATEMENT FOR BOUGHT OUT PROPERTIES
IN PHASES I AND II

The Flood Response Committee reported having considered the matter of contract approval for third round of environmental abatement for bought out properties in Phases I and II, CDBG Project Nos. 6019 and 6027, and recommended approval of entering into a contract with the lowest bid, EAS, for residential environmental abatement: Package 11 for $13,227; Package 12 for $20,482, Package 13 for $18,736 and Package 14 for $27,500.

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

RECEIVE AND FILE MATTER OF COMMENTS MADE
RE. VOUCHER POLICY

The Flood Response Committee reported having considered the matter of voucher policy (Bill Hoffman), and recommended to receive and file the comments made.
It was moved by Council Member Bakken and seconded by Council Member Carpenter that this recommendation be and is hereby approved.

Bill Hoffman asked what the recommendation meant to him having made his request at the Flood Response Committee meeting. Council Member Glassheim reported that when the council receives and files a matter referred to it through committee means that they are taking no action but that it's in the minutes and received and filed, and that the committee recommended that no action be taken on the matter, it's standard procedure. Mr. Hoffman stated that after talked to Mr. O'Leary last week, he verified verbally that there was no federal mandate that they had to sell their old property to the City to qualify for the voucher program, the only reasoning he can see as a property owner and as a person who feels he is duly eligible for the voucher program is that the City wants them to sell their properties at a very low price in order to receive the voucher. He stated he can see no reason why the City would have inserted that criteria into the voucher program and that it's inherently unfair to those that have already bought homes.

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

APPROVE APPOINTMENTS TO HEALTH AND HUMAN
SERVICES FLOOD RECOVERY TASK FORCE

Mayor Owens announced the appointment of the following individuals to the Health and Human Services Flood Recovery Task Force: Larry Burd, Craig Knudsvig, Mary Amundson and Brenda Menier, and asked for concurrence in these appointments. It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that these appointments be and are hereby approved. Carried 13 votes affirmative.

APPROVE APPOINTMENTS OF HEALTH OFFICERS

Mayor Owens announced the appointment of the following individuals as public health officers for two-
year terms: Dr. James E. Hargreaves as Grand Forks Health Officer; and Dr. James D. Brousseau and Dr. Eric R. Lunn as Grand Forks Deputy Health Officers; and asked for concurrence in these appointments. It was moved by Council Member Hafner and seconded by Council Member Hamerlik that these appointments be and are hereby approved. Carried 13 votes affirmative.

APPROVE APPOINTMENT TO CONVENTION & VISITORS
BUREAU BOARD

Mayor Owens announced the appointment of Council Member Bouley to fill Council Member Hanson's term on the Grand Forks Convention & Visitors Bureau Board and asked for concurrence in this appointment. It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE ESTIMATES

The city auditor presented estimates that were missed on the monthly estimate reports on February 2, 1998: CDBG $209.40 and Flood Funds from FEMA $743.90. It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon call for the question and upon roll call the following voted "aye": Council Members Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

RECEIVE COMMUNICATION FROM CITIZENS FOR
RESPONSIBLE FLOOD CONTROL

Beau Bateman, 515 18th Avenue South, submitted in behalf of the Citizens for Responsible Flood Control submitted a compilation of statements, resolutions and position papers in opposition to split flow diversion, they are authorized by local governments, water boards, education representatives, agri-business and state organizations and are providing information for the council in consideration of their decision process for permanent flood control in the region.

Council Member Hagness moved to receive and file the communication and will take under consideration, and when meet on February 26 this will be part of that decision making. Council Member Beyer seconded the motion. Carried 13 votes affirmative.

COUNCIL MEMBER POLOVITZ EXCUSED

HEAR COMMENTS FROM BILL HOFFMAN

Bill Hoffman read communication relative to question that was posed to him two weeks ago in this council room, question was "where have you been for the last six months", and responded to that person who asked that query and to the entire council. He gave condensed version of his whereabouts beginning on April 16, 1997.

REFER MATTER RE. CERTIFICATES OF OCCUPANCY
TO PUBLIC

Luke Davis, 608 Reeves Drive, addressed issue of certificates of occupancy, which is a document
required for anyone that's renting a residential unit in Grand Forks (certificate of occupancy for lease premises required, no house/dwelling unit/apartment or of similar nature shall be occupied in any part thereof for living purposes by a renter unless or until the certificate of occupancy has been issued by the City building inspector and approved by the City health officer or by the City Board of Health). He stated that as a real estate agent and a rental property owner in Grand Forks, it's accepted knowledge in Grand Forks that 50% of the city is a renter, and some figure closer to 60%; that the City treats it as voluntary compliance to leave up to landlord to apply for it, even though it's required, and in many cases not being done. He stated this is a major industry in the city of Grand Forks and City allowing them to regulate themselves based upon voluntary compliance; that City should treat as an important issue and that there are five separate ordinances relating to this certificate. He stated he is asking that the public service committee who's in charge of building inspectors office, members of council who sit on the Board of Health to make two minor revisions: if premises inspected and found unfit for human habitation, a notice should be posted on the place; and that any building already issued certificate of occupancy be posted in the building. He thanked members of employees of inspection department, health department and city attorney's office for their cooperation.

The matter was referred to the public service committee for further consideration.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the council for consideration by committee:

1) Council Member Bakken asked that a report be made to the Flood Response Committee on status of demolition of buildings.
2) There was some discussion re. notification of flood response meetings and it was noted that informational meetings will be held every other Tuesday re. flood response agenda items, with no action to be taken at these meetings.

ADJOURN

It was moved by Council Member Beyer and seconded by Council Member Sande that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Patricia A. Owens, Mayor