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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 4, 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, May 4, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 11; absent Council Members: Polovitz, Carpenter - 2.

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

APPROVE MINUTES APRIL 6, 1998

Typewritten copies of the minutes of the council meetings of the city council held on Monday, April 6, 1998, were presented and read. It was moved by Council Member Hagness and seconded by Council Member Bouley that these minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3710, RE. ESTABLISH-
MENT AND IMPOSITION OF CONNECTION FEES

An ordinance entitled "An ordinance adopting Article 2 of Chapter 22 relating to the establishment and imposition of connection fees", which had been introduced and passed on its first reading on April 20, 1998, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3711, RE. USE OF EMINENT
DOMAIN FOR PUBLIC IMPROVEMENTS OR USES

An ordinance entitled "An ordinance adopting Article --- of Chapter --- relating to the use of eminent domain for public improvements or uses", which had been introduced and passed on its first reading on April 20, 1998, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBER BEYER REPORTED PRESENT

APPROVE APPOINTMENT OF INSPECTORS AND POLLING
PLACES FOR JUNE 9, 1998 ELECTION, AND ESTABLISH
POLLING HOURS

The city auditor presented a listing of inspectors and polling places by ward and precinct for the 1998 biennial city election to be held in conjunction with the primary election on June 9, 1998: Document No.
7502 - Listing.

It was moved by Council Member Babinchak and seconded by Council Member Babinchak that the listing of inspectors and polling places be approved. Carried 12 votes affirmative.

It was moved by Council Member Sande and seconded by Council Member Babinchak that the hours of election on June 9, 1998 be established as 7:00 a.m. to 8:00 p.m. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
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. 119, Project No. 4597, street lighting on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7503 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 119, Project No. 4597, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
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 been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7504 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 126, Project No. 4642, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
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 at Garden View Estates, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7505 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 124, Project No. 4639, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
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 South 38th Street from 24th to 30th Avenues South, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7506 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 115, Project No. 4506, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
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 South, and on 26th Avenue South from 20th to 23rd Streets, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7507 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 125, Project No. 4641, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
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 to Rivers Edge Drive, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7508 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 121, Project No. 4636, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, STREET LIGHTING
PROJECTS NOS. 4597, DISTRICT NO. 119; 4642,
DISTRICT NO. 126; 4639, DISTRICT NO. 124; 4506,
DISTRICT NO. 115; 4641, DISTRICT NO. 125; AND
4636, DISTRICT NO. 121

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Street Lighting Project No. 4597, District No. 119, on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North; Street Lighting Project No. 4642, District No. 126, on Cambridge Street, Hamline and 5th Avenue North; Street Lighting Project No. 4639, District No. 124, at Garden View Estates; Street Lighting Project No. 4506, District No. 115, on South 38th Street from 24th to 30th Avenues South; Street Lighting 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 Street Lighting Project No. 4636, District No. 121, at Rivers Edge and 49th Avenue South from Belmont to Rivers Edge Drive, indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $37,519.00, $28,635.00, $14,647.50, $47,312.00, $9,994.00 and $19,732.50, respectively, for a total bid of $157,840.00: Document No. 7509 - Bid Tabulation.

The city engineer's estimates of total cost on Street Lighting Project No. 4597, District No. 119; Street Lighting Project No. 4642, District No. 126; Street Lighting Project No. 4639, District No. 124; Street Lighting Project No. 4506, District No. 115; Street Lighting Project No. 4641, District No. 125; and Street Lighting Project No. 4636, District No. 121, in the amounts of $47,700.00, $36,400.00, $18,700.00, $60,100.00, $12,700.00 and $25,100.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: 1998 Residential Street Lighting Projects: Project No. 4597, District No. 119, street lights on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North; Project No. 4642, District No. 126, street lights on Cambridge Street Hamline Street and 5th Avenue North; Project No. 4639, District No. 124, street lights at Garden View Estates; Project No. 4506, District No. 115, street lights on South 38th Street from 24th to 30th Avenues South; 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 Project No. 4636, District No. 121, at Rivers Edge and 49th Avenue South from Belmont Road to Rivers Edge Drive; and recommended to find that the bid submitted by low bidder, Bergstrom Electric, Inc., has a minor deviation to be waived and to accept their low bid in the total amount of $157,840.00.

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

Howard Swanson, city attorney, reported that the minor deviation was that the contractor had submitted the actual bid tab on a former document prepared by the City that had an incorrect quantity amount, the quantity amount was corrected item by the City but the unit price as bid by the contractor remained the same.

Carried 12 votes affirmative.

Council member Lucke introduced the following resolution which was presented and read: Document No. 7510 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Street Lighting Projects Nos. 4597, 4642, 4639, 4506, 4641 and 4636 to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON 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 Avenue South to 32nd Avenue South, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7511 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 118, Project No. 4509, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON 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, and on 36th Avenue South from South 31st Street and 650 east, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7512 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 122, Project No. 4637, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON 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 on South 30th Street, English Coulee Center Second Addition, had been continued until this evening.

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.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7513 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 120, Project No. 4635, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, STREET LIGHTING
PROJECTS NOS. 4509, DISTRICT NO. 118; 4637,
DISTRICT NO. 122; AND 4635, DISTRICT NO. 120

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Street Lighting Project No. 4509, District No. 118, on 20th Avenue South from 38th to 42nd Streets; Street Lighting Project No. 4637, District No. 122, street lights on South 31st Street from 32nd to 36th Avenue South, and for Street Lighting Project No. 4635, District No. 120, street lights at English Coulee Center 2nd Addition; indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $24,018.00, $21,319.50, and $14,726.00, respectively, for a total bid of $60,053.50: Document No. 7514 - Bid Tabulation.

The city engineer's estimates of total cost on Street Lighting Project No. 4509, District No. 118; Street Lighting Project No. 4637, District No. 122; Street Lighting Project No. 4635, District No. 120, in the amounts of $ , respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: 1998 Commercial Street Lighting Projects: Project No. 4509, District No. 118, street lights on 20th Avenue South from 38thto 42nd Streets; Project No. 4637, District No. 122, street lights on South 31st Street from 32nd Avenue South to 36th Avenue South; and Project No. 4635, District No. 120, street lights on English Coulee Center 2nd Addition; and recommended to find that the bid submitted by low bidder, Bergstrom Electric, Inc., has a minor deviation to be waived and to accept their low bid in the total amount of $60,053.50.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7515 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Street Lighting Projects Nos. 4509, 4637, and 4635 to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

REPORT OF BOARD OF ZONING ADJUSTMENT

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, April 16, 1998, that notice had been published as required and that the following appeals were heard: 1) Frank and Nicole Walski, 1226 Russet Circle, request for variance to the building height requirements to erect a building, with application for variance withdrawn; 2) Gary Malm on behalf of the Grand Forks County Commission, 105, 111, 125 and 129 South 4th Street and 300 Bruce Avenue, request for variance to the building height requirements to erect a building, with variance approved to allow variance in building height to eighty feet and eight inches plus additional height of the penthouse.
It was moved by Council Member Sande and seconded by Council Member Hafner to receive and file the report. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-07, dated May 4, 1998, and totaling $1,790,084.94, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Hagness 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 1908 1ST AVENUE NORTH

Committee No. 1, Finance, reported having considered the application for abatement of 1997 real estate taxes by Jerry and Susan Olson, 1908 1st Avenue North (Lots 21 and 22, Block 51, Budge & Eshelman's Third Addition), and recommended to approve the application as presented.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 905 NORTH 20TH STREET

Committee No. 1, Finance, reported having considered the application for abatement for 1998 and 1997 real estates taxes by Michael Braley, 905 North 20th Street (Lot 12, Block 1, Swangler's Subdivision), and recommended to approve the application as presented.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

APPROVE SUPPORT OF TAX BACKING OF REVENUE
BONDS ISSUED BY THE AIRPORT, SUBJECT TO
CONDITIONS

Committee No. 1, Finance, reported having considered the matter of airport bonds, and recommended approval of the City supporting the tax backing of revenue bonds issued by the Airport, providing that the County Commissioners approve deletion of City taxpayers from the County portion of the levy.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE REQUEST FROM FRATERNAL ORDER OF
POLICE FOR IMPOUNDED BICYCLES

Committee No. 2, Public Safety, reported having considered the request from Fraternal Order of Police for abandoned bikes for repair and to give to deserving youth, and recommended that we allow the Fraternal Order of Police to take up to 50 bicycles except mountain bikes in good condition.

Committee No. 1, Finance, reported having considered the matter of request for impounded bicycles by Fraternal Order of Police, and recommended to concur with Public Safety Committee recommendation.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH
BTCI TO DESIGN SYSTEM FOR WIDE AREA NETWORK

Committee No. 1, Finance, reported having considered the matter of wide area network bid summary, and recommended to approve entering into contract with BTCI with price not to exceed $8,100.00 to design the system.

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

The city auditor reported that they would need an amendment to approve a budget amendment using carryover of $8,100.00 to allow that expenditure. It was moved by Council Member Glassheim and seconded by Council Member Sande to approve a budget amendment from cash carryover in the amount of $8,100.00. Carried 12 votes affirmative.

Upon call for the question, as amended, and upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PAINTING FIRE TRUCK

Committee No. 2, Public Safety, reported having considered the matter of bids for painting fire truck, and recommended to accept the bid of Red Power International, Inc. in the amounts of $9,300 for base bid, $950 for alternate and $450 for change order, for a total bid of $10,700.00.

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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.


RECEIVE AND FILE REQUEST FOR FINES FOR
INDIVIDUALS DRIVING ACROSS GRASS, PUBLIC OR
PRIVATE

Committee No. 2, Public Safety, reported having considered the request re. possibility of fine for people driving across grass, public or private, including medians, and recommended to receive and file.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the police department in the amount of $7,245.00, to reflect funds for grant for security patrol in flood damaged neighborhoods, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

A request for budget amendment for Mosquito Control in the amount of $12,322.00 to reflect additional revenue based on projected collections, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

A request for budget amendment for the Health Department in the amount of $1,000.00 to reflect funds from Unanticipated Families First Revenue to cover expenditures for client/customer seating, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

A request for budget amendment for the Health Department in the amount of $11,009.00 from 1997 budget carryover to cover department budget expenditures, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

ACCEPT BID FOR TELEPHONE SYSTEM FOR POLICE
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of proposals for telephone system for police department, and recommended to accept bid of Diversified Communications in the amount of $76,750.00.

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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE DEVELOPMENT AGREEMENT AND EASEMENTS
FOR VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the matter of development agreement for Events Center (Aurora) at east side of South 42nd Street between the Ray Richards Golf Course and 11th Avenue South, for and in consideration of $1.00, and other good and valuable considerations, George McEnroe, grantor, and recommended to approve and to authorize proper City officials to enter into the agreement.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Storm Sewer Project No. 4463, located north of 17th Avenue South and east of I-29, for and in consideration of the sum of $700.00, and other good and valuable considerations, to grantors: John W. Scott, A.J. Dickson, Theodore M. Camrud and Janakikeli Cronquist, and recommended to approve easement and authorize proper City officials to sign the documents.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR WASTEWATER TREATMENT PLANT
PROCESS EQUIPMENT, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of bids for Wastewater Treatment Plant process equipment, City Project No. 4371, and recommended to accept the base bid of BDT/LPH, Grand Forks, for $6,273,000 with Alternate A for $2,855,000, and approval of the supplemental agreement subject to review and approval of the city attorney, and contingent upon approval of the North Dakota State Department of Health.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENGINEERING FIRM TO PROCEED WITH
DESIGN OF DOWNTOWN WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of downtown utility evaluation, and recommended to authorize Advanced Engineering to proceed with design of the downtown watermain for the mill and overlay portion, with preliminary engineering estimate of $47,988.00.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BIDS FOR PRINTER/PLOTTER/SCANNER FOR
ENGINEERING DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for engineering department printer/plotter/scanner, and recommended to accept the bid of Liberty Business Systems in the amount of $39,868.00.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO TWO-WAY AGREEMENT
WITH STRATA CORPORATION FOR PROJECT NO. 4799

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for Project No. 4799, paving Red Dot Place, and recommended to authorize entering into the agreement with Strata Corporation.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
WITH INTERSTATE DETROIT DIESEL, INC. FOR
PROJECT NO. 4747

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Project No. 4747, watermain on South 42nd Street (32nd Avenue South to 800 ft. south), and recommended to authorize entering into the agreement with Interstate Detroit Diesel, Inc. and Pribula Engineering.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 4768, STORM SEWER LIFT STATION 84

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for Project No. 4768, adding pump module at storm sewer lift station 84, North 55th Street and 6th Avenue North, and recommended to authorize entering into agreement with Webster, Foster & Weston in the amount of $25,821.00.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PARKING PROJECT NO. 4796, DISTRICT NO. 11

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4796, District No. 11, parking ramp at Corporate Center, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7516 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PARKING PROJECT
NO. 4796, DISTRICT NO. 11

The city auditor presented and read the engineer's report on Parking Project No. 4796, District No. 11: Document No. 7517 - Report.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PARKING PROJECT
NO. 4796, DISTRICT NO. 11

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7518 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.


ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4496, DISTRICT NO. 394

The city engineer's estimate of total cost of the construction of sanitary sewer on 6th Avenue North from North 52nd to North 55th Streets in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4496, District No. 394, sanitary sewer on 6th Avenue North from North 52nd to North 55th Streets, 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 Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7519 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4497, DISTRICT NO. 261

The city engineer's estimate of total cost of the construction of watermain on 6th Avenue North from North 52nd to North 55th Streets in the amount of $ was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4497, District No. 261, watermain on 6th Avenue North from North 52nd to North 55th Streets, 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 Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7520 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4596, GRADING AND STORM SEWER ON 20TH
AVENUE NORTH AND NORTH 44TH STREET

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4596, grading and storm sewer on 20th Avenue North and North 44th Street, and recommended to approve plans and specifications.

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

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4780, TRAFFIC SIGNALS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4780, traffic signals at South Columbia Road and 32nd Avenue South, and recommended to approve plans and specifications and authorize city auditor to call for bids.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4708, DISTRICT NO. 259

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Watermain Project No. 4708, District No. 259, watermain on 17th Avenue South from Lynwood Circle to Industrial Park, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $406,985.00: Document No. 7521 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 4708, District No. 259, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4708, District No. 259, watermain on 17th Avenue South from Lynwood Circle to Industrial Park, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $406,985.00.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7522 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Watermain Project No. 4708, District No. 259, to Molstad Excavating, inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.


RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4706, DISTRICT NO. 260

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Watermain Project No. 4706, District No. 260, watermain on South Washington Street from 40th Avenue South to new middle school, indicating that Soberaski, Inc. was the low bidder based upon their bid in the amount of $330,743.00: Document No. 7523 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 4706, District No. 260, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4706, District No. 260, watermain on South Washington Street from 40th Avenue South to new middle school, and recommended to accept the low bid of Soberaski, Inc. in the amount of $330,743.00.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7524 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Watermain Project No. 4706, District No. 260, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

APPROVE CHANGE ORDER, PROJECT NO. 4782
UNIVERSITY AVENUE SEWER REPAIR

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1 for Project No. 4782, University Avenue Sewer Repair, and recommended to approve Change Order No. 2 to increase project by $2,800.00.

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

APPROVE CHANGE ORDER, PROJECT NO. 4439,
SANITARY SEWER LIFT STATION 38 AND FORCEMAIN

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4439, sanitary sewer lift station #38 and forcemain, and recommended to approve change order in the amount of $3,543.70.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE QUICK TAKE CONDEMNATION AND/OR
PROPERTY ACQUISITION FOR SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of quick take condemnation for Southend Drainway project, and recommended to continue negotiating with the property owner.

Committee No. 3, Public Service, reported having considered the matter of quick take condemnation for Southend Drainway project, and recommended that in case the City and the property owner cannot reach an agreement (by this date) to adopt resolution for proceeding with eminent domain.

Committee No. 3, Public Service, reported having considered the matter of Southend Drainway project, negotiation on balance of Phase II, from 47th Avenue South to the Interstate, and recommended staff to continue negotiations.

It was moved by Council Member Lucke and seconded by Council Member Hafner that these recommendations be and are hereby approved.

Al Grasser, asst. city engineer, reported that to date they have not reached an agreement, that negotiations are still on-going but to make sure the process is completed are asking to initiate the condemnation proceedings.

Mr. Swanson, city attorney, recommended that the motion be amended to remove contingencies from both the negotiation authorization or the use of the quick-take and contingencies were utilizing today as a final date, and will allow City to continue to negotiate but at the same time move forward under what steps need to be undertaken for quick take.

It was so moved by Council Member Hafner and seconded by Council Member Klave. Carried 12 votes affirmative.

Upon call for the question on the motion as amended, and upon voice vote, the motion carried 12 votes affirmative.

APPROVE REQUEST FOR PROPOSALS FOR WATER METER
REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of water meter replacement, and recommended doing a request for proposals to replace 8,835 water meters that were flood damaged and option to replace whole meter reading system, and in addition to that the automatic meter reading system.

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

The city auditor reported that the motion is designed to allow the development of a request for proposal on all options, just replacing the currently damaged meters that would be covered by FEMA funds, also an optional proposal to replace the 8,835 meters plus the 4,000 meters, with a totally new system of radio system in order to get a number for both of those. It was also noted that they need to know as soon as possible because new construction taking place and this would give information to make that decision.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PROJECT NO. 4669.2,
DISTRICT NO. 386.2, SOUTHEND DRAINWAY PHASE II

Committee No.3, Public Service, reported having considered construction bids for Project No. 4669.2, District No. 386.2, Southend Drainway Phase 2, and recom-mended not to open the bid of Park Construction because of irregularity in the bid (did not acknowledge addendum No. 1) and to return the unopened bid to the contractor.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Project No. 4669.2, District No. 386.2, Southend Drainway Phase II, indicating that Schiipper Construction, Inc. was low bidder based upon their bid in the amount of $321,464.99: Document No. 7525 - Bid Tabulation.

The city engineer's estimate of total cost on Southend Drainway Phase II, Project No. 4669.2, District No. 386.2 in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for various projects, Project No. 4669.2, District No. 386.2, Southend Drainway Phase 2, and recommended to accept the low bid of Schipper Construction in the amount of $321,464.99.

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

Council Member Klave moved an amendment to the motion to include award contingent upon concurrence from the North Dakota State Health Department because using State Revolving Funds for the project; the motion was seconded by Council Member Hafner. Carried 12 votes affirmative. Upon call for the question as amended and upon voice vote the motion carried 12 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7526 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Project No.4669.2, District No.386.2, Southend Drainway Phase 2, to Schipper Construction, Inc., be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

APPROVE ADDITIONAL REQUESTS FOR RENTAL
REHAB PROGRAM, AND TABLE REQUESTS FOR
ADDITIONAL FUNDS

Committee No. 4, Urban Development Committee, reported having considered the matter of rental rehab program, and recommended that we proceed and fund additional requests in the amount of $383,500.00.

Committee No. 4, Urban Development Committee, reported having considered the matter of rental rehab requests for additional funds, and recommended to table indefinitely.

It was moved by Council Member Bouley and seconded by Council Member Beach that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motions carried.

APPROVE LOTS FOR HABITAT FOR HUMANITY

Committee No. 4, Urban Development, reported having considered matter of lots for Habitat for Humanity, and recommended to withdraw one lot in Congressional Sub-division and replace it with a lot at 524 Fenton Avenue.

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

Council Member Glassheim asked to be excused from voting on this matter; it was moved by Council Members Hagness and Beach that Council Member Glassheim be excused from voting on this matter. Carried 11 votes affirmative.

Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none; Council Member Glassheim abstaining. Mayor Owens declared the motion carried.

APPROVE ENTERING INTO AGREEMENT FOR TESTING
AND INSPECTION OF FOUNDATION, STRUCTURE AND
ENCLOSURE FOR CORPORATE CENTER

The Flood Response Committee reported having considered the matter of testing and inspection of the foundation, structure and enclosure for the Corporate Center, and recommended approval of entering into a professional service contract with Brown Intertec on a unit cost basis for the testing and inspection of the foun-dation, structure and enclosure for the Corporate Center in an amount not to exceed $75,000.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE REQUEST FOR STAFFING

The Flood Response Committee reported having considered the matter of staffing request, and recommended approval of two custodian (groundskeeping) positions at a grade level 10 to be funded through CDBG funds.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BIDS FOR ABATEMENT OF ENVIRONMENTAL
HAZARDS ON BOUGHT-OUT PROPERTY

The Flood Response Committee reported having considered the matter of approval of four bid packages for the abatement of environmental hazards on bought-out property, and recommended approval of Bid Package #18 to EAS in the amount of $2,970; Bid Package #19 to EAS in the amount of $33,884; Bid Package #20 to MAAC Metro in the amount of $11,039; Bid Package #21 to MAAC Metro in the amount of $8,305.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

LEAVE RELOCATION VOUCHER PROGRAM AS IS

The Flood Response Committee reported having considered the matter of eligibility of contract for deed properties for relocation voucher, and recommended to leave the relocation voucher program as is and not modify for contract for deed properties.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

CONSIDER MATTER OF LOW INTEREST LOANS TO
BOUGHT-OUT PROPERTY OWNERS

The Flood Response Committee reported having considered the matter of low interest loans to bought-out property owners, and recommended staff and the mayor to alert Congressional delegation in an attempt to get SBA to modify their program in regards to homeowners that would relieve restrictions on the use of those funds.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AWARD CONTRACT FOR DEMOLITION OF CITY
CENTER MALL AND ADJOINING BUILDINGS AND
REPLACEMENT OF INFRASTRUCTION ON SOUTH 3RD
STREET

The Flood Response Committee reported having considered the matter of award of contract for demolition of City Center Mall and ten (10) adjoining buildings and the replacement of the infrastructure of South 3rd Street and six storefronts, and recommended to award the contract for the engineering and construction management for demolition of the City Center Mall, 10 adjoining buildings, replacement of infrastructure of South 3rd Street and six storefronts to EAPC for fees of 8% of construction costs for basic architectural/engineering services and 3% of construction costs plus the cost of on-site supervision at $40/per hour for construction management.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDERS FOR VARIOUS PROJECTS

The Flood Response Committee reported having considered the matter of Mortenson update on change orders for civic auditorium, and recommended approval of basement level reconstruction change orders for the civic auditorium in the amount of $15,552 to Fritz Electric, in the amount of $42,452 to Baukol Builders, and in an amount not to exceed $45,000 to Klemetsrud Plumbing & Heating.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

The Flood Response Committee reported having considered the matter of change order for City Hall, and recommended to provide added carpet not in original bid as follows to Lakehead Constructors: rubber tread at stair 148B, elevator carpet, vinyl base at third floor corridor, patch carpet at new door on third flood, fill floors in the amount of $1,624.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

The Flood Response Committee reported having considered the matter of change order for Residential Bid Packages #1 and 2, and recommended to provide final landscaping of residential demolition properties for Bid Packages #1 and 2 at 50 sites at $250/per site to Gowan Construction.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

The Flood Response Committee reported having considered the matter of change order for civic auditorium, and recommended to provide modification of primary exterior electrical equipment to meet local electrical code and NSP requirements to Fritz Electric in the amount of $18,287.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE EQUIPMENT USAGE FOR STORM SEWER
CLEANING ON NORTH 51ST STREET, PROJECT NO. 4687

The Flood Response Committee reported having considered the matter of storm sewer cleaning on North 51st Street, Project No. 4687, and recommended to approve use of bucket machines and vacuum truck equipment to accomplish authorized storm sewer cleaning at the rate of $140.00/per hour to include appropriate trucks, operators and a pick-up type support vehicle (Viking Pipe Services, contractor).

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PHASE III BUYOUT OF STRUCTURES
BUT NOT LAND

The Flood Response Committee reported having considered the matter of Phase III buyout of structure but not land, and recommended to approve Phase III buyout of structure but not land with details to be worked out by staff (pre-flood value).

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE QUICK SALE OF PROPERTY AT 28 VAIL CIRCLE

The Flood Response Committee reported having considered the matter of Vail Circle property, and recommended approval of quick sale of property at 28 Vail Circle with City to be responsible for association dues and/or fees in the interim.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.


CONSIDER GEOTECHNICAL EVALUATION OF OPTIONS
FOR LEVEE ALIGNMENT

The Flood Response Committee reported having considered the matter of geotechnical evaluation of options for levee alignment, and recommended to accept report from Shannon & Wilson Geotechnical Engineers, forward the report to the Corps of Engineers for consideration in their technical study, authorize $25,000 for continuing initial services from Shannon & Wilson, and authorize developing a long term scope with cost estimates with the Corps of Engineers and Shannon & Wilson about long term plans for monitoring and testing necessary to validate any alternatives deemed possible to implement.

It was moved by Council Member Bakken 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, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CREATION OF SUBDEPARTMENT UNDER
ENGINEERING DEPARTMENT AND APPROVE
INSPECTION DEPARTMENT 'S CDBG BUDGET

The Flood Response Committee reported having considered the matter of Inspection Department's 1998 CDBG budget, and recommended creation of a subdepartment under the Engineering Department in Fund 1100 for the Inspection Department budget to include the $1,195,570 in additional expenses anticipated as a result of the increased work load due to the flood as well as $358,849 originally budgeted for the Inspection Department that is now represented in Engineering's 1998 budget in Fund 1100 for a total Inspection Department budget of $1,554,419.

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

The city auditor reported that in order to implement this budget into general fund will need an amendment to authorize a budget amendment of $1,195,570 for unanticipated revenue. It was so moved by Council Member Hagness and seconded by Council Member Sande that this amendment be approved. Carried 12 votes affirmative.

Upon call for the question on the motion as amended and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE FUNDING TO GATHER INFORMATION ON
RENTAL HOUSING MARKET

The Flood Response Committee reported having considered the matter of community-wide housing needs assessment, and recommended approval to enter into a contract with Maxfield Research to perform a community-wide housing needs assessment in an amount not to exceed $30,000 and to be completed no later than July 31, 1998.

The Flood Response Committee reported having considered the matter of community-wide housing needs assessment, and recommended to amend the motion to spend up to an additional $6,000 to gather information on the rental housing market.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that these recommendations be and are hereby approved.

Council Member Bakken questioned what City could do if it gets informational report for rental assistance, that City couldn't fund subsidy for rental, and spending money for no apparent reason if can't fund it, that city running on a 6% vacancy which would take care of itself.

Joel Manske, Housing Authority, reported that the rental housing portion was included in the original REP, when sent out proposal, intended to cover single family residential housing and multi-family industry; that as a committee represented by the Housing Authority chair, Mr. Kvasager, Mr. Carpenter from the Flood Response Committee, a rep. of the Planning Office and himself, and reviewed the responses to the proposal, and at that time decided that multi-family increment which cost an additional $6,000 would be a way to save some money in the project itself. He reported that after talking with Council Member Glassheim that in the Housing Authority's perspective, all are trying to get a grip on housing needs community-wide in Grand Forks, including single family residential housing from the entry level to step-up middle level housing and executive level housing, and multi-family industry monitors itself, but from community's perspective and low-income or assisted housing perspective, not sure we know how much inventory we need vs. how much we have, and that there's big population in the rental industry that we should have in our tax base as homeowners, and that will determine how many vacancies there may or may not be in the multi-family industry. He stated that affordability is a big factor and working hard at solving and getting that population from the multi-family market into housing in ownership position is important now, and that was the motivation of the amendment. He stated that he would encourage consider reviewing the multi-family industry.

Mr. Swanson reported that they would be voting on motion, amended at committee, and would be voting on the amended motion out of committee that included both the additional $6,000 for the rental housing market study, as well as original motion.

Upon roll call vote the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sands, Beyer, Babinchak, Hagness - 9; voting "nay": Council Members Klave, Bakken, Hafner - 3. Mayor Owens declared the motion carried.

APPROVE APPOINTMENT OF BUDGET AND STRUCTURE
TASK FORCE FOR PARKING AUTHORITY

Mayor Owens reported that Mr. O'Leary set up a meeting that the Parking Authority wanted with the City officials and some of the DDC people to see what status is, and will form a budget and structure task force to review questions re. parking authority: Sam Silverman, parking authority rep., Council Member Hafner, Steve Hess from DDC, City staff through Community Development, Engineering and Finance and Mr. Swanson; and asked for concurrence on these appointments.

It was moved by Council Member Hagness and seconded by Council Member Sands to approve the appointments. Carried 12 votes affirmative.
APPOINTMENT OF LONG TERM RECOVERY PLANNING

Mayor Owens reported that Paul Flores, EQE International, is assisting City in long-term recovery direction and have planning team with several different exercises and would be chaired by the mayor with John O'Leary, John Schmisek, Ken Vein, and Dennis Potter, Dick Olson, Council Members Hafner, Glassheim and Beyer, County Commissioner Gary Maim, John Staley, Mark Sanford, Pat Burger, and a representative from the University, and representative from Air Force Base, and a representative from the Chamber of Commerce, and asked for concurrence. It was moved by Council Member Sands and seconded by Council Member Beach to approve membership of the planning team. Carried 12 votes affirmative.

MATTER OF COMMUNICATION FROM GRAND FORKS
REGIONAL AIRPORT AUTHORITY

Mayor Owens read communication from the Grand Forks Regional Airport Authority stating that: This past year has been both challenging and exciting for the Grand Forks Regional Airport Authority, Authority staff and Board members have experienced both personal and professional challenges associated with the flood and with several personnel transitions. Despite this business at the Grand Forks International Airport continues to grow and expand. We would like to call atten-tion to one person who deserves special recognition, Ann Sande. Although Ann never had a formal obligation to the Airport Authority, she dedicated many hours to attend and participate in our Board meetings. Despite her personal losses in the flood and her responsibilities as a council person she always made time for the Airport Authority. Ann has become a valuable member of our team, she is willing and able to work towards insuring the future success of the Grand Forks International Airport. We enjoy seeing her and hearing from her at our monthly Board meetings. With this said we wish to express our gratitude to Ann for her dedication to the Grand Forks Regional Airport Authority. Perhaps you could pass this sentiment along to the city council. We believe that Ann's efforts should be recognized. Sincerely, Tim Mutcher, chairperson.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. , dated April 30, 1998, and totaling $250,024.98 for regular estimates; Estimate Summary No. , dated April 30, 1998, and totaling $681,104.01 for CDBG estimates; and Estimate Summary No. , dated April 30, 1998, and totaling $960,958.77 for flood estimates; for a total of $1,892,087.76, were presented for approval.

It was moved by Council Member Bakken and seconded by Council Member Klave that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon call for the question on the motion as amended and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN KANNOWSKI PUD, CONCEPT DEVELOP-
MENT PLAN, ALL OF SECTION 28, T151N, R50W OF 5TH PRINCIPAL
MERIDIAN, LESS NE QUARTER NE QUARTER THEREOF
The city auditor presented the matter of proposed ordinance to rezone the Golf Course Housing Development from A-2 (Agricultural Reserve) District to include within Golf Course PUD, Concept Development Plan.

It was moved by Council Member Hafner and seconded by Council Member Beach to approve the proposed ordinance and to introduce the ordinance and set date for public hearing for June 1, 1998 at 7:30 o'clock p.m.

Council Member Beach stated that perhaps they were using wrong name and that Mr. Staley may wish to address this, that concern about issue to separate the golf project and the housing project had been discussed, but now calling this the Golf Course PUD and perhaps that should be changed. John Staley, superintendent of Park District, stated that this has been functional/planning name and would agree for different name.

It was moved by Council Member Beach and seconded by Council Member Beyer that the ordinance be amended and be designated as the Kannowski PUD because we had two individuals by that name that served many years as superintendent of the park district and thinks it would be appropriate and preserve the distinction between Ulland Park and this PUD. Carried 12 votes affirmative.

Upon call for the question the motion carried.

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 Kannowski PUD (Planned Unit Development), Concept Development Plan, all of Section 28, Township 151 North of Range 50 West of the 5th Principal Meridian, less the Northeast Quarter of the Northeast Quarter thereof, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the city council for their information and/or consideration.

1) Council Member Hamerlik presented the matter of reconsideration of recycling, that since the flood numbers are down; the matter was referred to the public service committee for their consideration.
2) Council Member Hamerlik reported that the Flood Response Committee at their April 29 meeting under flood recovery discussed the process for bidding surplus garages, that only the top five written bidders would be allowed to orally bid, that he has some concern and it is his understanding from Urban Development Office that all people who submit a written bid will be allowed to orally bid, would like clarification so that people have correct information. John O'Leary reported that it was his understanding that all could orally bid, but perhaps council could clarify that now and indicate that there's an opportunity at the time that the bids are opened for anyone to orally raise their bids. Council Member Hamerlik stated that if understanding was all bidders could orally raise their bids, there was no problem.
3) Council Member Beyer reported that she had received number of calls re. the Geotech study that was done, that it was strong possibility that if any homes were saved and it was over the cost of what the Corps was willing to pay, it would be assessed to property owners, and out of 14 properties on that bank (2 affected on Rolling Hills; 3 on Gentle Hills who stated they will not pay an assessment; that out of 9 properties on Northridge Hills, City purchasing one which will be our responsibility, 2 who stated they will not pay an assessment); that people who called and stated they will not pay for an assessment were very adamant, they don't want a dike in their backyard and if put a dike in their backyard don't want to be assessed, property owners upset), that this is just information at this time but becoming a very divided neighborhood.
4) Council Member Klave stated that tonight council passed provision that in Phase III City would allow buying structures only, that there are some properties in Phase II that will be protected by the dike and owners would like to retain their properties for future building; the matter was referred to Flood Response Committee for consideration.

APPROVE APPLICATION FROM CHANNEL CATS FOR
BEER LICENSE AT KRAFT FIELD

Council Member Sande reported that the Channel Cats (Dakota Sports Concessions, L.L.C.) had applied for a Class 8.1 Kraft Field Beer license and that they need to have license by end of this week because Kraft Field will be used for exhibi-tion baseball games next week, and moved that the beer license be approved sub-ject to approval by the city attorney, and other various departments, including police department, health department and fire department. Council Member Beyer seconded the motion.

Mr. Swanson reported that this license requires concurrent action by the Park District; Mr. Staley reported they would include this item on agenda for tomor-row's meeting. He reported that there was a license for the Varmints and this would be a continuation of that same operation, and didn't see problem with the Park District.

Upon call for the question, the motion carried 12 votes affirmative.
ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Hagness that we do now adjourn until Monday, May 18, 1998 at 7:30 o'clock p.m. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
___________________________________
Patricia A. Owens, Mayor