Print VersionStay Informed
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 6, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, April 6, 1998 at the hour of 7:40 o'clock with Mayor Owens presiding. Present at roll call were Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; absent: Council Member Polovitz -1.

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

PRESENT CERTIFICATE OF ACHIEVEMENT AND
AWARD OF FINANCIAL REPORTING ACHIEVEMENT

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

INTRODUCE FLOOD RECOVERY COORDINATOR FROM
YUBA CITY, CALIFORNIA

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

REPORT FROM HUMAN RESOURCES RE. WORKERS
COMPENSATION

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

APPROVE MINUTES

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

AMEND AGENDA TO INCLUDE ITEMS RELATIVE TO
EVENTS CENTER

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

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

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions to the city of Grand Forks, North Dakota, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition", which had been introduced and passed on first reading on February 17, 1998 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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

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

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

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

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

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

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

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

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

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

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

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

ADOPT ORDINANCE NO. 3707, RE. PAWNBROKERS

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

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

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

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

Mayor Owens opened the public hearing.

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

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

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

Committee No. 1, Finance, reported having considered the matter of application for property tax exemption by Conte Luna Foods Division of Philadelphia Macaroni Company for processing area addition to the existing processing facility, and recommended to grant 10 year-50% exemption subject to public hearing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REPORTS OF OFFICERS

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

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

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

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

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

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

APPROVE BILLS

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

It was moved by Council Member Carpenter and seconded by Council Member Beyer that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE BUDGET AMENDMENT

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

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

AUTHORIZE STAFF TO CONDUCT ORAL BIDDING ON
SALE OF CITY PROPERTY

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

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

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

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

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

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

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

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

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

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

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

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

APPROVE CHANGE ORDER FOR FIRING RANGE

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

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

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

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

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

APPROVE VARIANCES TO NOISE ORDINANCE

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

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

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

APPROVE BUDGET AMENDMENTS

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

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

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

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

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

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

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

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

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

ACCEPT BIDS FOR OIL PRODUCTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


APPROVE AMENDMENT TO AGREEMENT FOR PROJECT
NO. 4746

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for various projects: KBM for Project No. 4746, pave South Columbia Road from 36th Avenue South to Ulland Park, Amendment No. 1 to include design engineering services, and recommended to enter into agreement with KBM, Inc. to provide engineering services in an amount not to exceed $46,000, contingent upon engineer's review.

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

APPROVE AMENDMENT TO AGREEMENT FOR PROJECT
NO. 4729, 1998 FORCEMAIN REHAB

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services by WFW for Project No. 4729, 1998 Forcemain Rehab, and recommended to enter into agreement with Webster, Foster & Weston to provide engineering services in amount not to exceed $19,610.00.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 4752 AND 4753

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services: WFW for Projects 4752 and 4753, Rehab Sanitary Pump Stations 9 and 11, and recommended to enter into agreement with Webster, Foster & Weston to provide engineering services in amount not to exceed $35,271.00.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4519, DISTRICT NO. 381

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4519, District No. 381, sanitary sewer on Cherry Street from 47th Avenue South to Southend Drainway, 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 Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7468 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, 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. 4519, DISTRICT NO. 381

The city auditor presented and read the engineer's report on Sewer Project No. 4519, District No. 381: Document No. 7469 - Report.

It was moved by Council Member Hafner 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. 4519,
DISTRICT NO. 381

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7470 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4520, DISTRICT NO. 252

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4520, District No. 252, watermain on Cherry Street from 47th Avenue South to Southend Drainway, 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 Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7471 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, 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. 4520, DISTRICT NO. 252

The city auditor presented and read the engineer's report on Watermain Project No. 4520, District No. 252: Document No. 7472 - Report.

It was moved by Council Member Hafner 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. 4520,
DISTRICT NO. 252

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7473 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4521, DISTRICT NO. 382

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4521, District No. 382, storm sewer on Cherry Street from 47th Avenue South to Southend Drainway, 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 Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7474 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, 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. 4521, DISTRICT NO. 382

The city auditor presented and read the engineer's report on Sewer Project No. 4521, District No. 382: Document No. 7475 - Report.

It was moved by Council Member Hafner 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. 4521,
DISTRICT NO. 382

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7476 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4707, DISTRICT NO. 393

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4707, District No. 393, storm sewer to serve new middle school on 47th 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 Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7477 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, 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. 4707, DISTRICT NO. 393

The city auditor presented and read the engineer's report on Sewer Project No. 4707, District No. 393: Document No. 7478 - Report.

It was moved by Council Member Hafner 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. 4707,
DISTRICT NO. 393

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7479 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4619, DISTRICT NO. 383

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4619, District No. 383, sanitary sewer on North 55th Street from 10th to 12th Avenues North, 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 Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7480 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, 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. 4619, DISTRICT NO. 383

The city auditor presented and read the engineer's report on Sewer Project No. 4619, District No. 383: Document No. 7481 - Report.

It was moved by Council Member Hafner 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. 4619,
DISTRICT NO. 383

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7482 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4708, DISTRICT NO. 259

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4708, District No. 259, watermain on 17th Avenue South from Lynwood Circle to Industrial Park, and recommended to pass a resolution approving the plans and specifications for this construction, and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7483 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4706, DISTRICT NO. 260

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4706, District No. 260, watermain on South Washington Street from 40th Avenue South to new middle school, and recommended to pass a resolution approving the plans and specifications for this construction, and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7484 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4713, DISTRICT NO. 392

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4713, District No. 392, storm sewer on North 55th Street from DeMers to Gateway, and recommended to pass a resolution approving the plans and specifications for this construction, and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7485 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4669.2, DISTRICT NO. 386.2

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4669.2, District No. 386.2, Southend Drainway Phase 2A, and recommended to pass a resolution approving the plans and specifications for this construction, and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7486 - Resolution.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, WATERMAIN PROJECT
NO. 4715, DISTRICT NO. 258

The city auditor presented and read tabulation of bids which had been received and opened on Monday, March 23, 1998 for Watermain Project No.4715, District no. 258, watermain on North 51st Street from 10th to 12th Avenues North, indicating that Duckstad Contracting was low bidder based upon their bid in the amount of $34,533.00: Document No. 7487 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 4715, District No. 258, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4715, District No. 258, watermain on North 51st Street from 10th to 12th Avenues North, and recommended to accept the low bid of Duckstad Contracting in the amount of $34,533.00.
It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved.

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Members Hagness and Beyer to excuse Council Member Babinchak from voting on this matter. Carried 12 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Babinchak abstaining.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7488 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution awarding the contract for Watermain Project No. 4715, District No. 258, to Duckstad Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Bakken, Hafner, Hagness - 12; voting "nay": none; Council Member Babinchak abstaining. Mayor Owens declared the motion carried and the contract awarded.

ACCEPT BID FOR PROJECT NO. 4655.475 FOR
RESTORATION OF BORROW PIT ON COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of bids for restoration of borrow pit on North Columbia Road, Project No.4655.475, and recommended to accept the low bid of Opp Construction in the amount of $14,300.00 contingent upon meeting requirements.

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

APPROVE PROPOSED TRAFFIC SIGNAL SYSTEM
RETROFIT AT COLUMBIA ROAD AND 32ND AVENUE
SOUTH

Committee No. 3, Public Service, reported having considered the matter of permanent traffic light at South Columbia Road and 32nd Avenue South, and recommended to approve proposed traffic signal system retrofix at this location at a cost of $8,000 to be funded by Highway Uses.

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


AUTHORIZE PURCHASE OF EQUIPMENT FOR ENGINEERING
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of authorization to request quotes for engineering department printer/plotter/scanner, and recommended to authorize purchase of the equipment at estimated cost of $40,000.

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

AUTHORIZE PURCHASE OF OFFICE SYSTEMS FOR
ENGINEERING DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of engineering department office systems, and recommended approval to spend up to $18,175.81 for office systems with ability to sole source Herman-Miller systems.

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

Council Member Hagness reviewed report, that this was lowest bid; and it was noted that the engineering department is purchasing several stations from their own budget rather than CDBG funds.

Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

DECLARE CERTAIN PROPERTIES AS SURPLUS, AND
AUTHORIZE FOR SALE

Committee No. 4, Urban Development, reported having considered the matter of surplus property and authorization to bid (incl. furnaces, boilers, refrigerators and air conditioners), and recommended to declare these listed items as surplus and authorize City to advertise for bids.

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

Committee No. 4, Urban Development, reported having considered the matter of houses as part of standard mitigation process for the historic property in Phase I, and recommended to declare properties as listed in FEMA Standard Mitigation Measures Agreement, Phase I Historic Properties, as surplus property and authorize staff to advertise for bid.

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

REFER REQUEST FOR SUPPLEMENTAL RENTAL REHAB
PROGRAM LOAN BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the request from Tim Lamb, Lamb Properties, for supplemental Rental Rehab Program loan, and recommended to reject the request.

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

Tim Lamb, Lamb Properties, presented request for supplemental rental rehab program loan and asked for $30,000 to help supplement a total of six properties that he has had rehabbed. He stated his particular need is for a mere $30,000, that the intent of the federal funds that came to this city in the amount of $171 million were to help flood victims, and that in his case he had six properties and all were flooded. He reviewed the requirements of the Rental Rehab Program and how affected his property versus other properties in the Program (single family houses vs. four-plexes, etc.), that there is a discretion in how those funds were allocated, that $8 million targeted for Rental Rehab, with about $6 million used and there are some surplus funds, but was told that money maybe used for other programs (levee). He stated that he would ask the council to look at this program and in his case provide a supplemental request and look at needs out there.

Council Members Beach reported that this program has been extended and expanded but because of a question he had, he asked that the matter be referred back to committee; Council Member Bouley agreed to take back to committee.

APPROVE FINAL PLAT; AND INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
LeCLERC'S ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Allen Thompson, Bert and Lyle Johnson and Ray and Myrna LeClerc for final approval of the plat of LeClerc's Addition, Grand Forks, North Dakota, being a portion of the Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the Northeast Quarter of Section 27, Town-ship 151 North, Range 50 West of the 5th Principal Meridian, including a variance to subdivision regulation Section 18-0907(2)(L)2 relating to right of way access to collector streets (located north and south of 55th Avenue South between Belmont Road and Cottonwood Street), and recommended final approval subject to special conditions shown on or attached to the review copy to introduce the ordinance amending the Street and Highway Map; to set the date of public hearing for April 20, 1998, and passage of the ordinance.

It was moved by Council Member Hagness 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 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 LeClerc's Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
ADOPT RESOLUTION TO ANNEX PORTION OF BLOCKS
1, 2 AND 3, AND ALL OF BLOCKS 4 AND 5,
LeCLERC'S ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Alan Thompson, Bert and Lyle Johnson and Ray and Myrna LeClerc for approval to annex the northerly 175 feet of the westerly 182.46 feet of Block 1, the northerly 175 feet of the easterly 130 feet of Block 2, Lots 1 through 5, Block 3, all of Blocks 4 and 5, LeClerc's Addition, Grand Forks, North Dakota (located at the intersection of Chestnut Street and 55th Avenue South), and recommended adoption of the Resolution of Annexation and to set the date of the public hearing for May 18, 1998 to determine the sufficiency of written protest.

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

Council Member Hagness introduced the following resolution of annexation which was presented and read: Document No. 7489 - Resolution.

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

APPROVE REQUEST FROM IMMANUEL LUTHERAN CHURCH
FOR CONDITIONAL USE PERMIT TO OPERATE CHILD
CARE CENTER IN AN R-1 ZONE SUBJECT TO CONDITIONS

The Planning and Zoning Commission reported having considered the matter of the request from Gary Euren on behalf of Immanuel Lutheran Church for approval of a conditional use permit to operate a child care center in an R-1 (Single Family Residence) District, Lot 1, Block 19, Cox's Addition, Grand Forks, ND (located at 1710 Cherry Street), and recommended approval subject to special conditions shown on or attached to the review copy of the site plan.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS
IN BLOCK 1, ALL OF BLOCK 2, GARDEN VIEW
FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd on behalf of Crary Development, Inc. for final approval (fast track) of a Replat of Lots 21, 22, 23, 24 and 53 of the Replat of Lots 17 through 53, Block 1 and all of Block 2, Garden View First Addition to the city of Grand Forks, North Dakota (located on Orchard Court which is west of the intersection of Duke Drive and South 34th Street), and recommended final approval subject to special conditions on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN R-1 (SINGLE FAMILY RESIDENCE)
DISTRICT LOTS 1 - 5, BLOCK 3, ALL OF BLOCKS
4 AND , LeCLERC'S ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Alan Thompson and Bert and Lyle Johnson 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 R-1 (Single Family Residence) District, Lots 1 through 5, Block 3, all of Blocks 4 and 5, LeClerc's Addition, Grand Forks, North Dakota (located at the intersection of Chestnut Street and 55th Avenue South), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for May 18, 1998.

It was moved by Council Member Hagness 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 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 R-1 (Single Family Residence) District, Lots 1 through 5, Block 3, all of Blocks 4 and 5, LeClerc's Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT, BLOCK 1, KRILE SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Bennie J. Krile on behalf of the B.E. Krile Trust, 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 B-3 (General Business) District, Block 1, Krile Subdivision, Grand Forks, North Dakota (located in the southwest corner of South Washington Street and 40th Avenue South (formerly 39th Avenue South), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for May 18, 1998.

It was moved by Council Member Hagness 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 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 B-3 (General Business) District, Block 1, Krile Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE PORTION OF CUL-DE-SAC
LYING WITHIN BLOCK 31, TOWN OF GRAND FORKS
The Planning and Zoning Commission reported having considered the matter of a petition from the city auditor on behalf of the City of Grand Forks for approval of a resolution to vacate a portion of a cul-de-sac lying within Block 31, Town of Grand Forks (D.T.) ND, more specifically described as a rectangular parcel of land being the southwesterly 17 feet of the southeasterly 70 feet of said cul-de-sac (located between Kittson and Bruce Avenue and between South 3rd and 4th Streets which location is the rear of the proposed State and County Building), and recommended approval of a resolution to vacate and to set the date of the public hearing for May 18, 1998.

It was moved by Council Member Hagness and seconded by Council Member Klave 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 and the public hearing be set for May 18, 1998. Carried 13 votes affirmative.

APPROVE RECOMMENDATION OF PLANNING COMMISSION
RE. REPLAT OF LOT 11, COUNTRYSIDE SUBDIVISION
INCLUDING VARIANCES

The Planning and Zoning Commission reported having considered the matter of the request from Dennis M. and Barbara R. Hanson for discussion of the possibility to obtain approval of a Replat of Lot 11, Countryside Subdivision, Grand Forks County, North Dakota, including a variance to the minimum lot size from five acres to 2 1/2 acres and a variance to access restrictions onto a future Arterial street (County Highway 32)(located in the northeast corner of 32nd Avenue South and Prairie Drive (2 3/4 miles west of I-29), and recommended per attached comments (information only with no formal action being taken); based upon the information provided by Mr. Hanson the following consensus was made:
1) The situation is unique in that the property owner had in 1993 made a request and received permission from the Grand Forks County Commissioners for a driveway approach on 32nd Avenue South into the rear or east half of his five acre lot.
2) Mr. Hanson's intention at that time was to do a lot split, thus creating two 2 1/2 acre lots for one additional building site.
3) It wasn't until last summer when Longview Fibre was annexed to Grand Forks that Mr. Hanson's property came under the City's jurisdiction for platting and zoning.
4) It wasn't until February, 1998, that Mr. Hanson received written notice of now being within the City's jurisdiction.
5) The Planning and Zoning Commission would consider, in a positive manner, a request for approval of a replat including a variance in the minimum lot size and in the access restrictions onto arterial streets provided that a plat be submitted within 6 months of this date (November 1, 1998).

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

RECEIVE AND FILE MATTER OF POSSIBLE IMPACTS
ON RURAL PROPERTY OWNERS DUE TO NORTHEND
DIKE CONSTRUCTION PLANNED FOR SOUTHSIDE OF
40TH AVENUE NORTH

The Planning and Zoning Commission reported having considered the matter of the request from Frank Matejcek for discussion of possible impacts on rural property owners due to northend dike construction planned for the southside of 40th Avenue North, and recommended referral to city council to include as a part of the southend and northend dike proposal, a study to determine what effect the proposed dikes will have on the adjacent land owners which remain on the wet side of the dike.

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

Council Member Hagness reported that this matter was presented to the Planning and Zoning Commission by Frank Matejcek to look at the affected areas of the flooding of the Red River and with diking issue, the Commission was only referring discussion of the issue.

Frank Matejcek, 4150 North Columbia Road, reported that he and the residents living out there are concerned about the flooding of the Red River and also being a member of the Planning and Zoning Commission concerned about possible development in that area and the impact the dikes will have. He reported that the present dike alignment on the northend is going to go about a mile out of the city limits and dike one side of the English Coulee diversion and not dike the other side of it. He stated that he would like council to authorize Corps, or possibly Planning Department along with Mr. Vein of engineering, to look at those areas, can only go so far west and still going to want to have development south and north, dike alignment will have very big impact on what the use of that land is going to be, that when they are supposed to write 15-20 year land use plans, very important for them to know what areas are going to be impacted by the flood and that is only intent of this study, and hopefully done in-house with City and Corps officials.

Mr. Vein reported that this is where the English Coulee diversion in on north end of the city of Grand Forks and is a part of the flood protection project that would be enlarged and additional water is going to flow there through the English Coulee diversion. He stated that the Corps has known for a long time that there's going to be impacts from that additional water flowing, plus there's impact from the changes in design of the setback levee system. He stated they are going to study this because they have to by law know what the impacts are going to be upstream and downstream from this project, that they have an hydrologist and they are setting up to meet with Mr. Matejcek and members of the town-ship board and some of the residents. He stated that Lisa Hedin of the Corps has been aware of this and a meeting will be held to try to explain this, understand the concerns residents have and that study they are asking for will be included in this project as it goes forward, that if cannot satisfy the questions of Mr. Matejcek or residents that do have impacts, maybe want to carry further, good to bring attention to this problem because there was flooding in that area from the English Coulee diversion and need to try to correct that if there was a problem. He stated they were not sure need to do additional study at this time but need to address specifically with Corps of Engineers, and that is being planned.

It was moved by Council Member Hagness and seconded by Council Member Carpenter to amend motion to receive and file. Carried 13 votes affirmative.

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

ADOPT RESOLUTION TO ANNEX ALL OF STADTER
RESUBDIVISION AND OTHER PROPERTIES TO THE
CITY OF GRAND FORKS (FORMER STARLITE THEATRE
PROPERTY)
The City Planning and Zoning Commission reported having considered the matter of referral from city council for reconsideration of the request from DBLLC Enterprise and William and Helen Rath and others for approval of a resolution to annex all of Stadter Resubdivision and other properties to the city of Grand Forks, North Dakota (located south of 44th Avenue South between South Washington Street and South 16th Street (former Starlite Theatre Property), and recommended approval of Option 1a; to adopt the Resolution of Annexation and to set the date of the public hearing for May 18, 1998, to determine sufficiency of written protest.

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

Council Member Hagness reported that at the last meeting the council recommended Option 5a on the basis of the engineering staff to allow for annexation of more property for assessment of the utilities to those areas that benefit, that the matter had been returned to Planning and Zoning who has again returned their recommendation to approve Option 1a; all property is contiguous. Maps of Options 1a and 5a were displayed on video screen showing difference in the two options, that there are less tapping areas on 5a.
Council Member Carpenter stated that he disagrees with Option 1a, and 5a should be approved, that the cost of tapping charges are tremendous to the city of Grand Forks and these parcels of land are very contiguous, and moved an amendment to adopt Option 5a. Council Member Hafner seconded the motion.

John Kelly, stated he was here on behalf of Francis Curran and his wife, that Option 5a would take a portion of Mr. Curran's property and annex into the city, that this is a family farm and he rents it for agricultural purposes and doesn't want his land in the city as he won't benefit from that. He stated that State law says that if you annex agricultural land into the city, you can't change the basis of taxing from agricultural to some other status unless the use of the land really changes but these people and other members of the family are more at risk by being subjected to special assessments which may take more money to pay in special assessments than they are receiving in income from the land. He stated that Mr. Curran is a party to a lawsuit now with regard to the land that was condemned at the south end of his property, but is very much concerned because he want's to maintain the integrity of his land as much as possible and wants to continue to have it used for agricultural purposes, and asked they use sense of fairness and justice in judging whether despite some advantages to the city not to put this burden on the family.

Council Member Carpenter stated that he doesn't like to see them hurt any one family but as elected official of city of Grand Forks believes he has to look out for all residents of the city, and when looks at property and where development going and where school being built, have to look at what's in best interest in providing affordable lots for people, providing infrastructure and this property has development to the north, east and to the west of it, and should be part of the city of Grand Forks, that this isn't only piece that there are other pieces of land also, and City should be more aggressive in annexation, understanding that there's cost or hurt to individual property owners and have to balance that against what the interests of the city and residents are for orderly growth and development, and this is time for this to take place.

Dale John Curran, stated he is in transition, been living in London, England, reported that their family has property between 40th and 47th Avenues, that land is farmland and have no present plans to develop it, and asked that the council vote for 1a because it presents an unfair and unusual burden on them instantly because they've had no warning of this, that city has to expand but to immediately place a burden on their family that rents 73 acres for $4500, and talking assessments of $100,000, and please ask council to vote for 1a.

It was noted that there is a point system used for annexation of property to the city and question raised if this property would meet those requirements. Mr. LeClerc reported that they attempted to apply point system out there and was borderline because of so many variables in the configuration of the annexation.

Dean Curran, 3503 Belmont Road, stated that Park Board and Planning and Zoning Commission are in favor of Option 1a and engineering in favor of 5a, and that 1a is what Planning and Zoning recommended.

Council Member Hagness stated that this is preliminary approval and they should ask engineering department to apply point system and bring back for that meeting, and feels that it meets point system in every way.

Yvonne Curran Jacobson, daughter of Francis Curran, stated she and her brother have title to 40 acres on other side of the road, that they went through this with Planning and Zoning and had very good recommendations from that Board and were sincere in recommending 1a to the council, that if they place all of the assessments against the property they are putting it against something that gains nothing from it, and asked council to go with 1a.

Doug Christensen questioned whether they were changing rules and not putting the sewer out there with tapping fees until people need it but special assess this line, why special assessments against these people's ground now when haven't done that in the past.

The city auditor reported that they are built to the outskirts of town and need to annex, that it creates a severe problem for the City as you put in infrastructure, and in reality what is happening when put in tapping fee is that city's residents paying for utilities through rates rather than the property owners abutting it paying through a special assessment as other property owners have that are within the city limits. He stated that we have done this for a few years and is becoming a severe burden on the utility funds that the City can't continue, and that is why trying to annex properties that will benefit; and when you do put infrastructure in, that he realizes that farmland, but the value of the property goes up.

Mr. Christensen asked if it's because of circumstances we find ourselves in now that changing this rule today that impacts these people, that he's for paying fair share and should annex the property, but isn't the question - the power to tax is the power to destroy, and put this burden on this property which is going to force them to sell or force them to do certain things, but seems have $6 million in matrix to pay for sewer and water in the south end, and if have $6 million to develop southend, why not use that; and questioned shift in policy without a little bit of conversation or debate so that those in the south end have some knowledge.

Council Member Beyer stated that this isn't shift in policy but in order to follow our policy completely, neither Option 1a or 5a follows our policy, we have done this in the past, and agrees with and supports Planning and Zoning's Option 1a. Council Member Carpenter noted that Option 5 which included more property than 5a concurred with current City policy; and that Option 5a is closer to City policy than 1a.

Upon call for the question on the amendment to the motion to approve Option 5a and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Glassheim, Carpenter, Sande, Klave, Bakken, Hafner, Hagness - 9; voting "nay": Council Members Hamerlik, Bouley, Beyer, Babinchak - 4. Mayor Owens declared the amendment approved.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Bakken, Hafner, Hagness, Beach - 11; voting "nay": Council Members Beyer, Babinchak - 2. Mayor Owens declared the motion carried.

Council Hagness introduced the following Resolution of Annexation which was presented and read: Document No. 7490 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Bakken, Hafner, Hagness - 11; voting "nay": Council Members Beyer, Babinchak - 2. Mayor Owens declared the resolution adopted.

Mr. Swanson reported that by action just taken by the council, the public hearing will be set for May 18 and at that time council will have before it final action on resolution of annexation of the property, can annex what's less than published but not more than what's been published.

APPROVE DEFERRED COMPENSATION PLAN FOR
CONTRACTED CITY DEPARTMENT HEADS

The Pension and Insurance Committee reported having considered the matter of deferred compensation plan for contracted city department heads, and recommended to approve amendment B and authorize the proper City officials to sign the agreements following proper review by the city attorney, and in addition, the mayor, chief fiscal officer and city attorney should negotiate any other pertinent contract details with ICMA.

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

APPROVE STAFFING REQUEST

The Flood Response Committee reported having considered the matter of staffing request, and recommended that approval be given for a contractor licensing position be made a SNA position at a Grade level 10.

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 VOLUNTEER HOUSING PROPOSALS

The Flood Response Committee reported having considered the matter of UND Volunteer Housing Proposal, and recommended to city council to approve the UND housing proposal for the purpose of housing the overflow of volunteers for the months of June and July, 1998 at a lease rate of $15.00/day or $59,850 for June and $61,845 for July by entering into formal contract.

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

The Flood Response Committee reported having considered the matter of North Star Inn volunteer housing, and recommended to authorize $30,000 payment to North Star Inn for month of April and to extend the contract to December, 1998 at $30,000/ month.

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

AWARD BID FOR DEMOLITION OF CC#1 RESIDENTIAL
HOUSES

The Flood Response Committee reported having considered the matter of Mortenson update, And recommended to approve award of bid to R.J. Zavoral & Sons for residential demolition of 34 homes in the amount of $102,000.

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

APPROVE CHANGE ORDER FOR CITY HALL RENOVATION
PROJECT

The Flood Response Committee reported having considered the matter of Mortenson update, and recommended approval of two change order requests for City Hall to install emergency shutdown switch to Ron's Electric in the amount of $1,288 and to revise boiler feed piping to Air Mechanical in the amount of $2,066.

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

APPROVE PROPOSED PLAN TO PROVIDE ADDITIONAL
PATROL IN BOUGHT OUT AREAS

The Flood Response Committee reported having considered the matter of proposal to provide additional patrol in bought out areas, and recommended approval of proposed plan to provide additional security for flood damaged areas of Grand Forks and to fund in the amount of $7,425 from CDBG administrative funds.

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

AUTHORIZE FUNDING FOR DEBT SERVICE FOR
OUTSTANDING TAX INCREMENT FINANCING BOND ISSUE
FOR WINTERGARDEN CONDOMINIUMS

The Flood Response Committee reported having considered the matter of Winter-garden Condominiums bond issue, and recommended approval of allocating $285,000 from CDBG funds to be transferred into debt service account for the outstanding tax increment finance bond issue.

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

RECEIVE AND FILE MATTER OF DISCUSSION ON
PHASE V

The Flood Response Committee reported having considered the matter of discussion of Phase V and recommended to receive and file.

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.

AUTHORIZE PROCEEDING WITH AD FOR CONSTRUCTION
BIDS FOR REPAIR OF SANITARY SEWER ON UNIVERSITY
AVENUE BETWEEN 6TH AND 7TH STREETS

The Flood Response Committee reported having considered the matter of advertising project to repair sanitary sewer, and recommended authorization to proceed with advertisement for construction bids for repair of sanitary sewer failure on University Avenue between 6th and 7th Streets.

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 PROPOSAL FOR GEOTECHNICAL
CONSULTATION

The Flood Response Committee reported having considered the matter of proposal for geotechnical consultation, and recommended approval of review and consultation proposal from Ground Engineering Technology, Inc. to 1) perform parametric study on alternative methods for earthen levee design; 2) prepare geographical illustrations for the alternative methods; 3) attend brainstorming sessions in Seattle, WA for a fee of $7,072 to be funded through CDBG administrative funds.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4685,
PUBLIC WORKS ADDITION

The Flood Response Committee reported having considered the matter of public works addition change order for Project No. 4685, and recommended approval of change order in the amount of $1,000 for Project No. 4685, public works addition, 724 North 47th Street.

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

AWARD BID PACKAGES FOR ABATEMENT OF BOUGHT
OUT PROPERTIES

The Flood Response Committee reported having considered the matter of awarding bid packages #15 and #16 for abatement of bought out properties, and recommended awarding bid package #15 to EAS for the abatement of bought out properties in the amount of $14,450; awarding bid package #16 to EAS for the abatement of bought out properties in the amount of $9,428.

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

ESTABLISH DEADLINE FOR ZONES 1 AND 2 OF
COMMERCIAL REHAB GRANT PROGRAM

The Flood Response Committee reported having considered the matter of proposed deadline for Zones 1 and 2 of Commercial Rehab Grant Program, and recommended to establish April 20, 1998 as the deadline for Zone 1 and Zone 2 of the Commercial Rehab Grant Program.

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.

REFER PROPOSED POLICY TO SELL BOUGHT
OUT GARAGES TO COMMITTEE WITH POWER TO ACT

The Flood Response Committee reported having considered the matter of approval of policy to sell bought out garages, and recommended approval of proposed policy to sell City-owned garages purchased through the Buyout Program.

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

Mr. Swanson reported that he had an opportunity to review the policy and is of the opinion that it should be redrafted, that he didn't have recommendations with regard to substantive changes, however, some of the narratives should be modified, and proposed several actions by this body: 1) approve, subject to final editing by the city Attorney's office, 2) hold and bring back at next council meeting, or 3) refer to Flood Response with power to act, or 4) pass as drafted.

It was moved by Council Member Beach that this matter be referred to flood responses with power to act.
The motion was seconded by Council Member Hagness. Carried 13 votes affirmative.

AUTHORIZE PROCEEDING WITH ACQUISITION OF
WINTERGARDEN CONDOMINIUMS

The Flood Response Committee reported having considered the matter of acquisition of Wintergarden Condominiums, and recommended to authorize permission to move forward, make offers, and close as negotiations are completed contingent upon all of the property owners agreeing to the agreement or sufficient number approving the amendments to the buyout.

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

Council Member Hagness questioned matter of acquisition of some of the properties or majority of properties, will dike be run through portion of this area.

Mr. Swanson reported that the council had approved making contingent offers to all property owners in Wintergarden Condos based only upon 100% acceptance of the offers, that they do not have 100% acceptance but very close, but a number of people that immediately accepted the offer are in a need to move forward and under present policy we can't. He stated that what they have proposed is an agreement again if approved by all the property owners in which the City would close on properties as they reach an agreement or as available to be closed, and would do so but the City would incur no liability for condominium fees. He stated that if there are individuals that do not wish to sell under the voluntary acquisition program, they can retain ownership and at some point in the future if were unable to voluntarily acquire all of the individual units, the option of eminent domain would have to be considered under the Federal Acquisition Program. The way the recommendation went to Flood Response, there are two possible means for the agreements to be adopted: 1) an actual agreement with regard to condominium fees being signed by all of the property owners, or 2) an amendment of the condominium by-laws which require 75% of the approval of the property owners and also approval of the mortgage holders. He stated that he didn't believe by adopting this policy that we negatively impact any present owner, except with respect to the likelihood that the number of people residing there will continuously dwindle. He reported that the condominium documents originally filed do provide for amendment which would contemplate a change in the allocation of condominium fees; and that he is confident they will reach 100% participation because have had limitation of meeting 100% agreement, many of the property owners have not been notified as to counter-offers that they've made, etc.; and sees as very close on most of the properties and on the two properties farther apart in potential offer prices have had independent appraisals which are at or even above what was counter-offer by the property owner, and should reach an agreement perhaps even without the need of either of these propositions; however, this will allow City to speed up those that live in the lower unit, which cannot be rebuilt without substantial modifications.

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

AUTHORIZE PROCEEDING WITH ACQUISITION OF LAND
FOR PROPOSED PARKING RAMP ADJ. TO CORPORATE
CENTER

The Flood Response Committee reported having considered the matter of acquisition of land for proposed parking ramp, and recommended to 1) authorize proper City officials to undertake process necessary to accomplish trade of Kloster building for Norby's; 2) authorize Norby's to use remaining $45,203 of rehab grant for renovations on Kloster building; 3) authorize release of $130,000 in rehab grant funds (out of the $150,000 currently reserved for Kloster building) for additional interior rehab of the building and also to fund the conditions required by the Historic Preservation Commission for the building's exterior rehab; 4) require Norby's comply with the local Historic Preservation Commission's conditions; and 5) authorize release of remaining $20,000 in funds that are currently reserved for the Kloster building and make them available to other rehab grant applicants.

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

Council Member Lucke reported that when he heard the actions covered by this that it sounded like a package deal of indivisible provisions, that a grant program is being awarded along with the building for another building. He stated that the City is giving $120,000 building and $175,000 grant, and receiving $175,000 building, and what giving is more than getting, and questioned whether that's legal; that nobody else is being entitled to bid on the Kloster building but is being given as part of this deal, and has a problem with that.

Jerry Waletzko, 4806 6th Avenue North, stated that the alleged swap of the Kloster building for the Norby building is not a like kind trade, it's just another piece in a bigger puzzle of want and waste of taxpayer money; that the State Legislature is trying to caution council about spending money on the Aurora and Corporate Center and before council does that, this would be a small opportunity to say to them and to the citizens by stopping this waste, that are trying to do something to curtail the excesses that have been occurring. He stated he wanted to look at some of these that have occurred over the last few months, mostly in regard to this development: that City paid $50,000 more for an Electric Construction building that was sold nine days earlier, paid $379,000 for building that only had a taxable value of $136,000 and if actually believe that's okay, should go to assessing department and redo assessing in this town, because that seems to be an acceptable excuse for paying for more. He stated they bought the Kloster building last November for $186,000, now the building isn't worth $186,000 and there's another $12,000 spent on that building fixing and repairing and doing maintenance. He stated that you only get half the truth sometimes and that it's irritating, that he followed only this one issue and questioned how many other issues are going on in front of the citizens and no one is standing up and saying let's question this with more depth. He reported that the City paid an engineering company $50,000 more for the work that was supposed to be done, which was conditions of flood, etc. that this was done that way. He stated he didn't think behavior changing if council continues to pass this kind of unlike swap. He stated that in crusade to get corporate center built, spent well over $600,000 to buy and tear down two buildings in the downtown, and stated that there is no one who will come up and say that building will come in at $16 million or less. He stated he wanted this on the record, that it's part of a citizen's frustration in dealing with way things have been going, but have lost perspective on reality of how business is supposed to be done. He stated this is one small effort to simply say no, send back to that committee and try to get a better deal on behalf of taxpayers of Grand Forks.

Gene Schneeweis, 1004 University Avenue, stated that in early March he requested the City to revisit building financial center and would hope that the City would concentrate on their options such as flood control, how to pay for the dike, home buyouts and need for the citizens and to coordinate the existence of an alliance with all involved. He stated that to look at just more than the financial center is a duty as your elected position is, to separate all obstacles which would be deciding factor in doing so, and that there may be an independent investigation to look at the way federal money is being spent: 1) contracts with an admitted briber would be a violation of federal law described in the federal money, 2) CDBG money wasn't intended to be abused, was to be used for revitalizing Grand Forks downtown, such as buying several properties at twice and three times the value. One of the assessed values of $136,500 and City paid $379,000, another building assessed at $52,910 and City paid $175,000, others assessed below true value and City questions why is this happening, under-assessed overvalued when home owners haven't had the same decency as consequences, and questioned where the state legislator was, when this issue was up. He stated he believed there is a need to have a serious look at this from the U.S.Attorney; the City hasn't shown any fiscal responsibility it can handle CDBG money, and gratifying to have talked to federal officials who seem to be interested in this unexplained excessive use of federal funds. He stated he wasn't against City's beliefs but only in the way handled and wants to know why this is happening and how can they fix it.

Council Member Carpenter stated that the City is trading a $120,000 building that is flood damaged, that has not and cannot be repaired until it became eligible for historical significance, for a building that's worth, currently appraised at $175,000 that has been refurbished since the flood, but trading for a building of greater value; and also going to award a grant program which is part of program happening in the downtown, but are acquiring a piece of property for a parking lot for the corporate center and are gaining a remodeled refurbished building downtown that is severely flood damaged; that this isn't one thing they are paying too much money for one piece of land, that it's getting two results which fits into larger picture, a corporate center for downtown, that's going to bring a lot of employees back downtown, that are going to shop in the stores that will be built as a part of the remodeled rehabbed buildings downtown, and also have a County office building, and looking at a lot of dollars being spent downtown to refurbish and attract people downtown to give us a core back that's going to be paying taxes. He stated that he thinks they are making a very good investment for the city of Grand Forks. He also reported that in awarding bid to somebody who had a legal problem with the State of North Dakota, that was reviewed and City could do what it did, that they were low bidder and have done other work and are most qualified bidder.

Duane Lunak, 1521 Walnut Street, asked what are they going to do with this building, what's Norby going to do with the Kloster building, and if he was going to have other businesses/offices in that building. It was noted that Mr. Norby is going to relocate his office supply business into that building, and building he is moving into is larger than current building.

Council Member Beyer reported that the amount of CDBG dollars going into the corporate center have not changed since when they endorsed the building, have not taken more CDBG block grant funds than originally said to make this work. She reported that on any properties City has purchased, have paid pre-flood value for the homeowners, that she believes corporate center is shot in the arm downtown needs, but to get caught in the bickering and to assume that Mr. Norby is going to get a better deal, he has to go through whole process of rehabbing another building, and wanted to go on record as saying that she supports the financial center downtown, is a wise move for the city and that if the City had not stepped up to the plate and used those CDBG funds to instigate the rehab program down-town, would have problems downtown.

Council Member Hafner stated he wanted to remind council that this property trade is done at the request of the City and not the request of Mr. Norby, and also contend that all the property owners downtown are going to gain through this whole proposition, and thinks that's a success. He also stated that another reason the City received $171 million in this town to rehab is because of down-town and because of the fire, that Mr. Norby deserves to be treated civilly and he is being asked to move after he has rehabbed his building, and should vote yes and urged council to do so. Council Member Bakken stated that the project is feasible and shall return money to the city and will pay taxes.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness, Beach - 12; voting "nay": Council Member Lucke - 1. Mayor Owens declared the motion carried.

CONSIDER BIDS AND CHANGE ORDERS FOR CORPORATE
CENTER PROJECT

The Flood Response Committee reported having considered the matter of Mortenson update regarding Corporate Center bid package #3 deficient bids, and recommended to return bids that were deficient unopened to bidders.

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.

The Flood Response Committee reported having considered the matter of change order #1 for corporate center, and recommended to approve change order #1 for the corporate center in the amount of $25,000.

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

The Flood Response Committee reported having considered the matter of structural steel installation at 401 DeMers, and recommended to award low bid in the amount of $172,906 to Listul.

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

The Flood Response Committee reported having considered the matter of structural steel installation at 402 DeMers/Skyway, and recommended approval of low bid of $102,409 from Listul.

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

The Flood Response Committee reported having considered the matter of corporate center foundations at 402 DeMers, and recommended approval of low bid of $367,000 to Construction Engineers, Ltd. after coin toss due to tied bid.

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

The Flood Response Committee reported having considered the matter of structural steel supply for 402 DeMers/Skyway, and recommended award of bid of $178,630 from low bidder, Mid-America Steel, Inc.

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

APPROVE HISTORIAN PROJECT

The Flood Response Committee reported having considered the matter of Historian Project and recommended approval of project in the amount of $34,800 with intent to attempt recovery of those funds through whatever means possible and to excuse Council Member Glassheim from voting.

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

Council Member Glassheim asked to be excused from voting on this matter, and it was so moved by Council Members Hagness and Beyer. Carried 12 votes affirmative.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none; Council Member Glassheim abstaining. Mayor Owens declared the recommendation approved.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary dated March 31, 1998, totaling $573,694.02 for regular estimates; Estimate Summary dated March 31, 1998, total $1,074,115.42 for flood estimates; and Estimate Summary dated March 31, 1998, totaling $571,143.12, for a total of $2,218,952.56, were presented and read.

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

APPROVE 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: Pedestrian Bikepath Project No.4349; Project No. 4452, Landfill Storage Building; and Project No. 4572, 1997 Concrete Street Repairs.

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

COMMENTS FROM THE MAYOR

Mayor Owens reported that the City will be offering a contract to Mr. Potter from Seaside, CA as city planner, that he has great experience and can come in 30 to 45 days, and will start that process unless someone has an objection.

Mayor Owens reported that she had an opportunity to go to St. Peter, MN where they had tornado, and that any of us that can help them in that area would be very much appreciated. She noted that some of our firefighters will be going there on volunteer basis.

Mayor Owens reported that about one year ago the City of Grand Forks suffered the worst disaster per capita in the nation, evacuated largest population since the Civil War and are entrusted with rebuilding a city, that she visited with officials from St. Peter (city, county and State disaster people) who were crying for some direction. She stated that the $171 million that the City received from the federal government is to rebuild our city and bring it back, that anything that anybody does can be second guessed and City has used its best judgment, that when people come back on May 17 one of the things they have asked from Washington, DC is to look at the business community, etc. She stated that the gentleman here from Yuba City today stated he could not believe the progress that has been made in this community. She stated that we will have disagreements but council entrusted to do very best it can to bring the community back, need to bring back immediate needs which we are doing and are very fortunate we received the money to buy out these homes and help businesses; and believes that everything we have done so far is in the best interests of the citizens of Grand Forks but hard to bring a total city back and is unbelievable burden on our community. She stated they will do and try to do best they can and what has been done is thought to be in the best interests of the city.

APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION
FOR PROJECT NO. 4438, LIFT STATION 17 UPGRADING

Committee No. 3, Public Service, reported having considered the matter of certificate of substantial completion for Project No. 4438, Upgrade Lift Station 17, Schedule B, General, and recommended to approve certificate of substantial completion.

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

APPROVE CONCEPT OF MARKETING PLAN AND APPROVE
BUDGET FOR YEAR STARTING MARCH 1, 1998 TO
FEBRUARY 28, 1999

The Events Center Core Committee reported having considered the matter of Aurora marketing plan, and recommended that we accept the concept of the marketing plan in whole and approve the budget for the first year (March 1, 1998 to February 28, 1999, in the amount of $79,000.

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

AWARD CONTRACT FOR PRE-OPERATIONS AND
MARKETING OF THE AURORA

The Events Center Core Committee reported having considered the matter of con-tract with Compass Facility Management, and recommended that we approve the contract with Compass Facility Management to provide services for the pre-operations and marketing of the facility for a period of three years, from March 1, 1998 to March 1, 2001, for a lump sum amount of $17,450 per month.

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

AWARD CONTRACT FOR PROJECT MANAGEMENT OF
THE AURORA

The Events Center Core Committee reported having considered the matter of contract with Landmark Contract Management, and recommended that we approve the contract with Landmark Contract Management to provide services in project management from January 1, 1998 to February 28, 1999 for a lump sum fee of $13,900 per month plus estimated travel expenses at cost of $37,800.

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

APPROVE CONTRACT AMENDMENT WITH ARCHITECT

The Events Center Core Committee reported having considered the matter of contract with Schoen & Associates and Johnson Laffen Architects, and recommended that we approve the contract amendment with SAI/JLA to include a lump sum redesign fee of $4,285,000 and a lump sum payment of $150,000 if change orders on the project (relating to design issues) are less than $2,000,000.

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

APPROVE CONTRACT SUPPLEMENT WITH M.A.
MORTENSON COMPANY

The Events Center Core Committee reported having considered the matter of con-tract supplement with M.A. Mortenson Company, and recommended that we approve the contract supplement with Mortenson to include $685,630 for additional expenses and labor for the project.

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

APPROVE CONTRACT AMENDMENT WITH CPS, INC.

The Events Center Core Committee reported having considered matter of Amendment No. 2 to contract with CPS, Inc., and recommended that we approve the contract amendment with CPS to include redesign efforts at a not-to-exceed price of $200,000.

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

CONSIDER MATTER OF HVAC SYSTEM IN THE AURORA

The Events Center Core Committee reported having considered the matter of HVAC (heating/ventilation/air-conditioning) system in The Aurora, and recommended that we authorize the Architects to utilize natural gas boilers in their design.

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

RECONSIDER ACTION OF COUNCIL RE. THE AURORA

It was moved by Council Member Glassheim and seconded by Council Member Beach to reconsider action on previous actions; Council Member Beach seconded the motion. Carried 13 votes affirmative.

Richard Wakefield, 1121 Chestnut Street, reported that the fundamental problem with the Aurora is that there's been a dramatic shift in public opinion in this town, that there's a dwindling minority of people that support an Aurora start at this time, that the reason the Aurora is being questioned so severely in this community is because 1) biggest reason is that we had dramatic disaster in this town, and when have to reverse yourselves or change course as public officials, your job isn't to monitor the public opinion pulse of this town week by week, that they don't have responsibility to worry about whether it shifts from majority to minority by percentage but need to heed a major shift in public opinion because major policy gets changed, initiated, etc. and still be reversed. He stated that the point he is making tonight is there are a lot of people with lot of reasons for that dwindling minority supporting the Aurora; that the average homeowner is worried about his taxes, that he heard about corporate center and debate and all those things create fears; he stated he appreciates that the City delayed this project for a year but need to delay one more year until after the next legislative session so that we can secure those $52 million of flood money; and need to delay more importantly because there's dwindling minority of people supporting this project in the city and they have a lot of personal reasons; one is that there's a partnership in this community between the University and the City of Grand Forks, the University is owned by the State and council is responsible for the city of Grand Forks, University of North Dakota is supposed to be chief tenant in the Aurora, supposed to be major source of income but that's very confusing to the public because the University of North Dakota can't even deliver the steam heat for the Aurora, because they are under strict financial restrictions due to the problems they are having with kinds of scrutiny going on by State legislators and by State officials across the board, but creates doubts in the public's mind and attributes to that dwindling minority of people. He asked council to reconsider and lay motions on the table, revisit and delay until the public has confidence to go forth with this project, and you will have an Aurora. He stated that there is a way of finding out who this dwindling minority of people really are, numbers.

Ronald Fischer, 2297 South 38th Street, stated he offered comments to those here, however, is the city council of the city of Grand Forks if it votes to approve further expenditures on the Aurora, willing to guarantee that the 1997 ND Legislator will give us $52 Million; if not, are the residents of Grand Forks going to be asked to bear the financial burden for any shortfall on that $52 million request. He stated that his concern is that they are about to make a decision on a building, the Aurora, about to gamble by going forward with this project before securing necessary funding for flood protection that has the potential for jeopardizing the financial security of this city, the residents of this city know that, that he has been circulating petitions and response has been overwhelming that they are concerned about what council about to do. He stated his question is, what happens if gamble that the 1999 ND Legislature will give Grand Forks $52 million fails, it will mean that we must either abandon flood protection, or substantially raise our high property taxes to pay for flood protection ourselves, the taxpayers of this town will not stand for that, we already have highest tax burden in the state, and even if State Legislature comes up with $52 million, going to see our property taxes go up and have our own $52 million share, and there's discussion as to how that will be paid for, that financial director has recommended a combination of a one-quarter percent increase in sales tax that will take us up to 7% or 7.5%, and in addition, there's a recommendation for special assessments city-wide and top that off with a 20% increase in water utility rates that will be spread over the next three years to pay for water projects, there is simply no room for additional taxes and no room for council to gamble at this time by going ahead with the Aurora. He stated that some council members have expressed concern that thinking postponing the Aurora, that the Legislature will turn down our request for $52 million if we wait with the Aurora, and he disagrees with that; that by building the Aurora now, believes giving the Legislators across this State an easy excuse to turn Grand Forks down, and will see Grand Forks putting up a domed football field, how can they justify cutting funding for their own districts and for UND while we put up domed football Arena. He stated that he proposed waiting with the Aurora, go to the 1999 Legislature in good faith and make case, the Governor has promised to support our argument, however, have to act now and protect us if the Legisla-ture says no to Grand Forks, no other options. He stated that he doesn't think City has mandate to go forward with the Aurora; that they can commission a public survey, public opinion poll, that he contacted UND and can be done for cost of approx. $2500, and raised that money to do that, and that they won't do survey until council commissions that survey, and urged council to commission such a survey. He stated that they should wait on motions before council, postpone until next meeting in two weeks, do survey and find overwhelming majority of residents in this community want council to wait because there's gamble going forward that we can't afford to lose funding in the 1999 Legislature for flood protection, cannot survive that and asked that they act accordingly.

Larry Aubol, 1732 28th Avenue South, stated that this is big city with big budget, that we elected these people and if nit-pick every decision nothing gets done, he stated his office is in building they were talking about (Kloster building) and building was for sale for long time, and no one benefiting from this except city of Grand Forks, that if the city doesn't grow, city is going to die, have to look progressive, need to let people who speak progressively, act progressively.

Jack Gray, 815 Duke Drive, stated he disagrees with evaluation of Mr. Fischer who says an overwhelming urge on part of citizens of this town to delay the Aurora, thinks that Mr. Fischer has been opposed to the Aurora, that he is confident that the Legislature will come through with monies for flood response, but if delay for another year, raising a white flag, and that's last sign want people from outside this community to see, need to grow tax base, and urged support for the Aurora.

Several other individuals urged support for the Aurora: Bob Gustafson, Chamber of Commerce, stated there is strong need for this community to be competitive in the event, convention and meeting business in this state, tourism is second or third largest segment of North Dakota's economy; and Grand Forks seriously lags behind and losing ground and potential revenue as people from our trade area drive past Grand Forks and go to other communities; that it is crucial for Grand Forks and for University of North Dakota's future in attracting students, event activities and meetings which will benefit all residents of our community and region, crucial to move forward with this project for future development. He stated that the dike project has brought about lot of consternation for all of us as community, the dike project will be done, it will be funded with a combination of federal and state revenues and we can expect as residents that we will be expected to help support the project, but it will get done, and would urge the council that we need to move forward at this time.

Mike Polovitz, former mayor of the city, thanked council for what they have done, hope they keep on track, urged they build the Aurora and get it done as soon as can.

Keith Porter, 502 Plain Hills Drive, asked whether there's approx. $5 million in design fee changes, and what is amount of fees expended to date to point in this change; and the city auditor reported that $6.7 million for all expenses which would include design fees, land acquisition, etc. Mr. Porter asked what total original contracted amount for design; Council Member Carpenter reported they are doing a complete redesign of the facility and that's why fees have increased.

Council Member Glassheim stated that the Legislature will do the right thing, that they just received notice that the State of North Dakota is now expecting $35 million at the end of the biennium more than when they left at the end of the last session, need to be clear that City doesn't need $52 million in next session but need $52 million over 6, 8 to 10 years; that they have supported capital investments all over the state and Grand Forks delegation has supported capital investments in every city in the state. He stated that they need to invest and invest more, etc. and not always be easy, have had a hard time, and need to move ahead with hope .

Council Member Klave stated that the dike and the Aurora each need to stand on its own merits, need to work together; cards need to be on table and need to address value of each.

Council Member Bakken stated that funding from State legislature is a vital concern, that we do need it, but believes that North Dakota people will come together when they have to.

Upon call for the questions on the table and upon roll call vote the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motions carried.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Hafner asked to refer matter to the Flood Response Committee, which has to do with the buydown of low interest loans whether they be in the footprint or on the river side of the dike.
2) Council Member Hagness reported they visited with Shannon & Wilson, Seattle, WA to look at levee alignment and different geotechnical methodology used by the Corps and to establish geotechnical alignments of the levee system, that will be looked at and could be alternatives, reports by Shannon & Wilson, and was valuable tool using for a second opinion And will benefit whole community.
3) Council Member Hafner presented the matter of studying possibility of putting school crossing on 11th Avenue on southside of Ben Franklin School because of increased traffic; the matter was referred to public safety.
4) Council Member Sande presented the request of possibility of fine for people driving across grass, public or private, including medians; the matter was referred to public safety.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Beach that we do now adjourn until Monday, April 20, 1998 at 7:30 o'clock p.m. Carried 13 votes affirmative.



Respectfully submitted,


John M. Schmisek, City Auditor

Approved:
___________________________________