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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 18, 1998

The city council of the City of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, May 18, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; absent: none.

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

Mayor Owens acknowledged two Boy Scout Troops in the audience, one under leader-ship of Lonnie Laffen, Troop 13 from Holy Family; and Troop 130 under guidance of Barry Medd, St. Mark's Church; troops studying citizenship in community.

The city auditor submitted apologies to council members as they did not receive informational packets, that packets picked up on time for mailing by courier service, and would appreciate their letting his office know if they receive packets, as last mailing which was hand delivered to the Post Office was never delivered; they will be talking with Post Office and courier service.

PRESENTATION OF AWARDS

Mayor Owens made a presentation to Martha Torkelson, who retired as director from Senior Citizens Center, and thanked her for her work.

Mayor Owens made presentation to Sally Page, who served as member of the Civil Service Commission from January, 1984 to March, 1998, and thanked her on behalf of the City and herself.

Mayor Owens made presentation of Griggs Award from Grand Forks Historic Commission to Hal and Kathy Gershman for acknowledged leadership and contribution for restoration project of Empire Theatre.

Mayor Owens made presentation to Mike Maidenberg, publisher of Grand Forks Herald, with Griggs Award and special contributions award from Grand Forks Historic Commission, for dedication to redevelopment of downtown Grand Forks.

PRESENTATION RE. RED RIVER BASIN BOARD

Michael Polovitz, 2529 9th Avenue North, reported that booklet placed on council members desks through auspices of International Coalition deals with water issues since 1979 flood, and through the International Coalition the Red River Basin Board was formed and financed by this organization and now the Red River Basin Board is made up of elected officials and other individuals, being funded through Minnesota and North Dakota State governments and working on long term effort of management of water within the Red River Basin. He stated that book is on history of the Red River Basin and some of the challenges that we're facing as far as putting a management plan into effect, have about 18 months to get plan done, and hopefully Red River Basin Board will accomplish that goal.

Mayor Owens reported that the Red River Basin Board usually meets the first Thursday of every month in different cities throughout North Dakota, Minnesota and Manitoba; that she is an alternate to Bruce Furness from Fargo, and as time goes on in the next few months should be able to have schedules where able to attend all of those meetings; that she has tried to send staff members to keep up on what's going on. She stated that this is very important, and thanked Mr. Polovitz for his presentation.

AMEND AGENDA TO INCLUDE ITEMS FROM EVENTS
CENTER CORE COMMITTEE

Council Member Carpenter reported that the Events Center Core Committee met today and items had not been placed on the agenda, and moved to suspend the rules to add two items under New Business: 1) matter of geothermal study, and 2) matter of committee membership. Council Member Hagness seconded the motion. Carried 14 votes affirmative.

APPROVE MINUTES NOVEMBER 7 AND 17, 1997

Typewritten copies of the minutes of the city council held on November 7 and 17, 1997 were presented and read. It was moved by Council Member Sande and seconded by Council Member Bouley that these minutes be approved as read. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3712 TO AMEND THE ZONING
MAP TO INCLUDE WITHIN R-1 (SINGLE FAMILY
RESIDENCE) DISTRICT LOTS 1-5, BLOCK 3, ALL
OF BLOCKS 4 AND 5, LeCLERC'S ADDITION

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 had been introduced and passed on its first reading on April 6, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Alan Thompson and Bert and Lyle Johnson for final 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 final approval and passage of an ordinance to amend the zoning map. The recommendation had been moved and seconded by Council Members Hagness and Polovitz.

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

ADOPT ORDINANCE NO. 3713, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT BLOCK 1, KRILE SUBDIVISION

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 had been introduced and passed on its first reading on April 6, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Com-mission that they had considered the matter of the request from Bennie J. Krile on behalf of the B. E. Krile Trust, for final 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 final approval and passage of an ordinance to amend the zoning map. The recommendation had been moved and seconded by Council Members Polovitz and Hagness.

Upon call for the question of adoption of this ordinance and 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 ordinance adopted.

DEFEAT ORDINANCE TO AMEND ZONING MAP 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 RESUB-
DIVISIONS, WITH SUBSTANTIAL CHANGE LYING IN
LOTS 6 THROUGH 27, BLOCK 1, JOHNSON'S 4TH ADDITION

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 its 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 called for the public hearing; there were no comments and the hearing was closed.

The city auditor presented and read the report from the Planning and Zoning Com-mission that they had considered the matter of the request from city council for reconsideration of the request from Tim Crary on behalf of Johnson Farms for final approval of an ordinance to amend the zoning map to exclude from Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan - Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions, Grand Forks, ND, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition (located west of South 40th Street between 11th Avenue and 15th Avenue South), and recommended denial of the ordinance to amend the zoning map (subject property shall remain as R-1 for single family type uses). The recommendation had been moved and seconded by Council Members Polovitz and Hagness.

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

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF ANNEXATION
OF ALL OF STADTER RESUBDIVISION AND OTHER PROPERTIES
BE FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on April 6, 1998, annexing properties included in Stadter Resubdivision and other properties to the city of Grand Forks, located south of 44th Avenue South between South Washington Street and South 16th Street, former Starlite Theatre Property, (Option 5a), and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on April 11 and 18, 1998; and further reported that protests were filed by Francis A. Curran and Ruth A. Curran, on behalf of themselves and the Francis and Ruth Curran Family Trust; (their children Dean Curran, Richard Curran and Yvonne Curran Jacobson are members of the Family Trust) and by Dean Curran and Yvonne (Curran) Jacobson as members of the Family Trust and as joint owners (a written protest was also received from Richard Curran after the deadline for submitting written protests).

Mayor Owens called for the public hearing.

Yvonne Curran Jacobson stated that the council had received a copy of her letter but wanted to read her letter and tried to explain why they wanted to be left out of this annexation or be given a few years to see if they can work with her father. She read her letter opposing annexation of portions of Curran farmland, that they have attended meetings and made objections known, that Planning and Zoning recommended that the Curran farmland be left out of the annexation; that the Curran farmland has been in the family for over 100 years, that land was given to her father who regards farm as sacred trust, that he farmed the land and raised his family in Grand Forks, that the farm is her dad's life and reason to get up in the morning and is very passionate concerning it; that the rent from the farmland and farmhouse have been her parents income, they are 88 and 86 years old, and have been healthy and independent, and the only reason she has had to fear for her father's health has been since the condemnation and annexation proceedings. That the farmland neither needs nor gains from annexation or city services, and portion of Curran farmland for proposed annexation are at the edge of an appendage stretched out over open farmland one-half or three-fourths of a mile closer to the city. That there has been precedence set at a prior city council meeting when the Gransberg's requested and were granted to be left out of the planned annexation even though they are half-mile closer to the city, and therefore, are requesting to be left out of the annexation as well. That there is a ND State Statute that specifies that farmland can only be taxed as farmland even though annexed into a city, and if portion of the farmland is annexed in order to place special assessment taxes on the farm, it is against the purpose of the law. Tapping fees have been widely used in Grand Forks to avoid unnecessary encumbrances, and now the City maintains they cannot afford to utilize them in this case, and a small farm can hardly afford the encumbrances of special assessments for services that it does not require. She stated they would hope that they would give every consideration to not annexing the Curran farmland as no justification for annexation, it only places encumbrances against a century old family farm that is Francis Curran's life blood, and asked to allow him to make his own decisions on the destiny of his land.

Ray LeClerc, planning office, reported that the only property annexed of Gransberg's property was right of way, but on Curran property in addition to the right of way an additional 140 ft. which is based upon the new policy that the council recently approved. He stated that one of the reasons they didn't take any of the Gransberg's property was that the waterline that was constructed to serve the rental place is now along 40th Avenue South so no need to annex for special assessing watermain. Council Member Klave asked if not annexing any right of way on the Gransberg's property because no need or gain, what's need on Curran property. Mr. LeClerc stated that the waterline that will be placed there to serve the psychiatric Hospital and the School is on west side of the Highway and north side of 47th Avenue South. Mr. LeClerc stated they have map showing difference between Option 5a which was approved by council, and Option 1a that was approved by the Planning Commission, and basic difference between the two options was the farmland or the additional 140 ft. and the Curran property in various areas. It was noted where the original farmhouse was located (140 ft. by 190 ft.)

Dean Curran, 3305 Belmont Road, stated they are not being fair, are looking for revenue to get road to new school, and if deviate for benefit, didn't know if legal.

Ken Vein, city engineer, reported that they've been struggling for some time on how to handle annexation such as this, and have gone into some strip annexation adjacent to public rights of way which would allow City now or in the future to be able to put in the infrastructure that will serve that area and assess to those that would be the future beneficiaries. He stated that the annexation shown here is that we would annex entire area because ultimately the entire area will benefit, but because of some of the limitations by law, only able to annex those areas adjacent to the areas planned for future development; that much of the future development such as streets are protestable, so adjacent property owners can protest those future benefits, but biggest ones are sewer and water and they will not come in until such times as there's a need in the area. He stated they look at annexations that go beyond the areas now because in the future when infrastructure extended, will have to look at how we are paying for this, and have to look at what's happening to other utility rates because the cost of extending the sewer and water have to be borne by the public at large if not assessed to the adjacent property owners. He stated they met with the finance department and have looked at growing problem they've had with extensions of sewer, water, and streets and trying to do by tapping charge and has significant impact to the city in general. He stated they have looked at what we can do to try to have annexations within the limited bounds, which would allow for the future services. He stated they wanted to make sure the properties are annexed so the proper assessments could take place. He stated they have made recommendation and it's up to the city council to decide if they want to continue to follow policies they've used in the past which is to pay for extensions for infrastructure through tapping fee or if we go back to annexation; he stated in time the whole area will become annexed and the extension of the infrastructure in those areas would be constructed and assessed, with exception of paving which is protestable. He also stated he didn't think could give prediction as to when sewer and water would be installed; but can tell that the watermain they've talked about is coming down the west side of South Washington, 16" will come over to the new school and the planned sanitary sewer lift station will run down quarter-section line that will serve the beginnings of this area; installation may depend on future housing market and redevelopment of south end of city takes place.

Council Member Glassheim asked if something not annexed now, but later, would they get into an assessment district or free of any assessment for past construction by their property. Mr. Vein stated it wouldn't be forever, but when annexed take over cost of the tapping fee which has been calculated for that area, and several mechanisms as to how could pay that off, either up-front or re-assessed over the property. He stated they have calculated a depreciated value so the City of Grand Forks picks up the original cost and interest costs until such time as it is annexed, and property owner would take over the depreciated value and City finances that in the interim.

Council Member Hagness stated that Planning & Zoning or city council over the last number of years, not setting a precedence, that there are guidelines that a City has to follow and a point system they have to meet to be able to right-fully annex land, City does good job of trying to bring services in and because of growth we've had City is picking up more and more tapping fees and don't recover all our costs. He stated that the city auditor has informed them that they're getting to a limit of tapping fees. He stated they are awarding bids for two projects where no one assessed for, but taking out of CDBG funds or Highway Users, etc. and one is for $417,572.44 for paving on Columbia Road, the other is for paving on Belmont Road rehabilitation for $229,729.00 and because of all these fees that all the citizens are picking up in the community, try to spread as evenly as possible, and when we get to an area that's farmland like this, the property does get enhanced by increased value when that property is sold; it might force them to sell sooner than they want to but if the City does any leap-frog development or any more tapping fees, the rest of the citizens in Grand Forks won't be able to afford it.

Mayor Owens closed the public hearing.

The city auditor reported on the determination of sufficiency of protests as com-piled by the city planning office and based on the written protests that were submitted; and the determination is that the land owned by the above protestors, and of which lies within the proposed area to be annexed, is 5.8 acres or 2.6% of the total area being considered for annexation; and based upon the written and filed protest, it is determined that there is not a sufficient amount of protest as it is less than the one-fourth or 25% of the total territory.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that a finding of insufficiency of protest to the annexation be entered, and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map.

It was moved by Council Member Beyer to exclude the original farmhouse south of 47th Avenue South and east of 81 from the resolution of annexation. Council Member Klave seconded the motion.

Mr. Vein stated that he is not aware on the east side of Washington or the south side of 47th anything being assessed immediately, and how soon something there he doesn't know, but on 40th Avenue South could be something there because of condition of pavement, but as area develops there will be infrastructure installed and that's why proposal is to annex it now for the future.

The city auditor stated that we are an expanding city, and will run into this more frequently than have in the last few years and there's becoming a significant burden on the utility rates which are paid by all current residents who have already paid for their infrastructure through assessments, and that's the point they are getting to, that as long as expanding and growing will have this problem and it's a matter of transfer of payment but it seems difficult that those within the city limits have currently paid for their assessments and haven't had projects paid through utility rates, do seriously have to look at these things.

Dean Curran stated that when Columbia Road was built, wasn't built where City wanted it, and only way City would allow it to be built is if utilities were borne by the Columbia Mall until they were allowed to recover them, and now City has jumped out here and City will gain from this.

Council Member Carpenter stated that there's waterline going out there, which is being paid by FEMA funds, but that he understands that will be recouped.

Council Member Klave stated that speaking to the amendment, that at the present time doesn't want the Curran family to think that there's any grace period there because City will have to do something with 47th, and could be just a matter of a month or two when both sides of 47th could be coming before this Board to be annexed.

Council Member Hagness stated that when Columbia Mall came in, the city engineer resisted any development on the south side of 32nd Avenue South at all, and yet the City annexed an 800 ft. strip so could assess 32nd Avenue South to the property to the south of it, and developers agreed to it because of future benefits.

Upon call for the question on the amendment, and upon voice vote the motion carried 14 votes affirmative.

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

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF ANNEXATION
OF PORTION OF BLOCKS 1, 2 AND 3, AND ALL OF BLOCKS
4 AND 5, LeCLERC'S ADDITION, BE FILED AND ANNEXATION
ACCOMPLISHED
The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed April 6, 1998, annexing 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, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on April 11 and 18, 1998; and further reported that no written protests had been filed with the auditor's office.

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

It was moved by Council Member Beyer and seconded by Council Member Babinchak that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF CUL-DE-
SAC LYING WITHIN BLOCK 31, TOWN OF GRAND FORKS

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of a cul-de-sac lying within Block 31, Town of Grand Forks, 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 in the rear of the proposed State and County building), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

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

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7527 - Resolution.

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

REPORTS OF OFFICERS

The city auditor presented and read the auditor's cash balance report for period ending April 30, 1998. It was moved by Council Member Klave and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.
The city auditor presented and read the auditor's investment report for period ending April 30, 1998. It was moved by Council Member Babinchak and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 14 votes affirmative.

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 30, 1998, that notice had been published as required and that the following appeals were heard: 1) Paul and Lori Peterson, 1023 4th Avenue North, request for variance to the second front yard setback requirements to allow five ft. of second front yard setback to construct an addition to the home, with variance approved; 2) Curtis Wilcox, 1923 8th Avenue North, request for variance to the second front yard setback requirements to erect an addition to the house, with variance approved to allow ten feet of second front yard setback to construct an Addition to the home; and 3) Mark Haley, 511 Terrace Drive, request for variance to the side yard setback requirements to erect an addition to the Attached garage, with variance to allow a two feet and ten inch side yard setback to construct an addition to the attached garage.

It was moved by Council Member Beyer and seconded by Council Member Babinchak to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-08, dated May 18, 1998, and totaling $3,175,522.48, 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 Hamerlik that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

AUTHORIZE INCREASE IN RATES FOR HOUSING INMATES

Committee No. 1, Finance, reported having considered the request from Grand Forks County Correctional Center to increase rates for housing inmates from $25.00 per inmate/per day to $30.00 per inmate/per day, and recommended to approve for sub-mission into our budget process.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION RELATING TO HEALTH CARE
FACILITIES REVENUE BONDS (THE UNITED HOSPITAL
OBLIGATED GROUP), SERIES 1992B, AND SERIES
1996A; CONSENT TO REMOVAL OF REMARKETING
AGENT AND APPOINTMENT
Committee No. 1, Finance, reported having considered the matter of change of Remarketing Agent for Health Care Facilities Revenue Bonds (The United Hospital Obligated Group), Series 1992B and Series 1996A, and recommended to adopt resolution relating to Health Care Facilities Revenue Bonds (The United Hospital Obligated Group), Series 1992B, and Series 1996A, consenting to removal of re-marketing agent and appointment.

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

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7528 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this resolution 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 motion carried and the resolution adopted.

APPROVE REQUEST FOR UPGRADE OF CITY'S
PAYROLL PROGRAM AND FUNDING FROM GENERAL FUND
CASH CARRYOVER

Committee No. 1, Finance, reported having considered the matter of upgrade of City's payroll program and request for funding, and recommended to approve request for upgrade of City's payroll program in the amount of $25,000 and to approve funding from general fund cash carryover.

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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR ALTERATIONS IN INSPECTION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of quote for alterations in inspection department, and recommended to bid under sole source, and to accept bid of Gaffaney's in the amount of $12,855.35.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENGINEERING TO PROCEED TO FORM
SPECIAL ASSESSMENT DISTRICT AND TAKE MATTER
OF TOWNSHIP ROAD TO COMMITTEE FOR CONSIDERATION
OF PAYMENT OF PROJECT COSTS WITH CDBG FUNDING
Committee No. 3, Public Service, reported having considered the matter of dust problems on 47th Avenue South, and recommended that engineering department proceed to form special assessment district and take Township road to Flood Response for consideration of payment of project costs with CDBG funds.

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.

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR PROJECT NO. 4770 AND PROJECT NO. 4769, WATER
TREATMENT PLANT STUDY AND INTAKE PROJECT

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for water treatment plant expansion and improvements - water quality master plan, Project No. 4770 and new intake and transmission lines, preliminary engineering report, Project No. 4769, and recommended to enter into agreement with Advanced Engineering to do the study and to do preliminary design of the intakes with estimated budgetary breakdown as follows: water treatment plant project, $1,000,000 and intake project, $250,000.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE EMERGENCY REPAIR AND REPLACEMENT
OF WATER INTAKE PUMPS

Committee No. 3, Public Service, reported having considered the matter of emergency repair and replacement of water intake pumps, and recommended to authorize approval of the equipment from Water Smith, Inc. to repair Red Lake intake pump #9 in the amount of $3,200 plus parts, and to furnish Red River Intake Pump and Installation in the amount of $27,325.00 plus labor in the amount of $3,200 and freight in the amount of $1,300.00 with performance bond and insurance to be provided by the company, and to approve budget amendment using cash carryover utility funds.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS, REQUEST
BIDS AND DIRECT URBAN DEVELOPMENT TO
PROCEED WITH ENVIRONMENTAL CLEARANCES

Committee No. 3, Public Service, reported having considered the matter of repair of flood related damage to sidewalks, driveways and berms, and recommended to approve plans and specifications, authorize to request bids and direct Urban Development to proceed with environmental clearances.

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.

AUTHORIZE REQUESTING HUD FOR EXCEPTION ON
USE OF CDBG FUNDS FOR EQUIPMENT AND MATERIALS
FOR SECONDARY LINE OF DEFENSE

Committee No. 3, Public Service, reported having considered the matter of purchase of materials for flood protection second line of defense, and recommended that we ask HUD for exception on use of CDBG funds for equipment and materials for secondary line of defense for max. of $50,000.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE PROCEEDING WITH REPLACEMENT OF
WATERMAIN ON 4TH STREET AND APPROVE FUNDING

Committee No. 3, Public Service, reported having considered the matter of funding for downtown watermain replacement project, and recommended that we proceed with replacement of the watermain on 4th Street from water plan to University Avenue and to take funding from watermain replacement funds.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PAYMENT OF RELOCATION COSTS FOR
UTILITY RELOCATION COSTS FOR PROJECT NO.
4669, SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of utility relocation agreements for Project 4669, Southend Drainway, and recommended that we approve payment of relocation costs not to exceed the amounts of $15,250 to Nodak Electric and $68,113 to U.S.West.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE SIDEWALK LIST FOR PROJECT NO. 4720,
1998 SIDEWALK REPAIR AND CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of sidewalk list for Project 4720, 1998 Sidewalk Repair and Construction, and recommended to approve sidewalk list and to notify property owners.
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.

AUTHORIZE REQUESTING BIDS FOR CONSTRUCTION
SERVICES FOR PRIORITY REPAIRS TO FLOOD
DAMAGED STREETS AND UNDERGROUND UTILITIES

Committee No. 3, Public Service, reported having considered the matter of authorization to request bids for construction services for priority repairs to flood damaged streets and underground city utilities, and recommended to authorize bidding of the project (using CDBG eligibility requirements).

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.

AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING
SERVICES FOR PROJECT NO. 4806, PAVING MILL ROAD

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for various projects: Project No. 4806, pave Mill Road from Gateway Drive to Bacon Road, and recommended to approve request for proposals.

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.

AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING
SERVICES FOR PROJECT NO. 4807, PAVING PORTION OF
SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for various projects: Project No. 4807, pave South Washington Street from 40th to 47th Avenues South, and recommended to approve request for proposals.

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 SELECTION OF CONSULTANT ENGINEERING
FIRM FOR PROJECT NO. 4797, SOUTHEND DEVELOPMENT

Committee No. 3, Public Service, reported having considered the matter of selection of consultant engineering firm for Project No.4797, Southend Development, and recommended to approve selection of Greater Forks Engineering Group and authorize to enter into negotiations.

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 AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO.4669.2,
SOUTHEND DRAINWAY PHASE 2A

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Amendment No. 1, adding construction administration services, CPS, Ltd., Project No. 4669.2, Southend Drainway Phase 2A, and recommended to approve amendment to the engineering contract in an amount not to exceed $35,693.00.

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, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 2 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4706 AND 4707

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Amendment No. 2, adding construction administration services, CPS, Ltd. for Project No.4706 and 4707, Storm Sewer and Water to Middle School, and recommended to approve amendment to the engineering contract in an amount not to exceed $36,552.00.

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, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4792, DISTRICT NO. 395

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for various projects: Project No.4792, District No. 395, storm sewer on North 10th Street and 2nd Avenue 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 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 creating the assessment district, which was presented and read: Document No. 7529 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4792, DISTRICT NO. 395

The city auditor presented and read the engineer's report on Sewer Project No. 4792, District No. 395: Document No. 7530 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO.4792,
DISTRICT NO. 395

Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7531 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4794, DISTRICT NO. 262

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for various projects: Project 4794, District No. 262, watermain on North 53rd Street and 12th Avenue 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 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 creating the assessment district, which was presented and read: Document No. 7532 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4794, DISTRICT NO. 262

The city auditor presented and read the engineer's report on Watermain Project No. 4794, District No. 262: Document No. 7533 - Report.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this report be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4794,
DISTRICT NO. 262

Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7534 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4802, DISTRICT NO. 396

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for various projects: Project No.4802, District No. 396, storm sewer on North 53rd Street and 12th Avenue North (from 10th Avenue North to North 55th Street), and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7535 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4802, DISTRICT NO. 396

The city auditor presented and read the engineer's report on Sewer Project No. 4802, District No. 396: Document No. 7536 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFI-
CATIONS, SEWER PROJECT NO. 4802, DISTRICT NO. 396
Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7537 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4799, PAVING RED DOT PLACE

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4799, paving Red Dot Place, and recommended to approve plans and specifications for 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.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4729, 1998 FORCEMAIN REHABILITATION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4729, 1998 Forcemain Rehabilitation, and recommended to approve plans and specifications and authorize 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.

APPROVE PLANS AND SPECIFICATIONS FOR SEWER
PROJECT NO. 4793

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Storm Sewer Project No. 4793, on 53rd Street (from 6th to 10th Avenues North), and recommended to approve plans and specifications and authorize 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, SEWER
PROJECT NO. 4519, DISTRICT NO. 381, WATERMAIN
PROJECT NO. 4520, DISTRICT NO. 252, AND SEWER
PROJECT NO. 4521, DISTRICT NO. 382

The city auditor presented and read tabulation of bids which had been received and opened on Monday, May 11, 1998 for Sewer Project No. 4519, District No. 381, Watermain Project No. 4520, District No. 252, and Sewer Project No. 4521, District No. 382, indicating that Duckstad Contracting was the low bidder based upon their bids in the amounts of $66,485.00, $78,305.00, and $74,500.00, respectively, for a total bid of $219,290.00: Document No. 7538 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 4519, District No. 381, Watermain Project No. 4520, District No. 252, and Sewer Project No. 4521, District No. 382, in the amounts of $84,500.00, $99,500.00 (including City's share), and $94,700.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: Project No. 4519, Sewer District No. 381, sanitary sewer on Cherry Street (47th Avenue South to the Southend Drainway), Project No. 4520, Watermain District No. 252, watermain on Cherry Street (47th Avenue South to the Southend Drainway), and Project No. 4521, Sewer District No. 382, storm sewer on Cherry Street (47th Avenue South to Southend Drainway), and recommended to accept the low bids of Duckstad Contracting in the amounts of $66,485.00, $78,305.00, and $74,500.00, respectively, for a total bid of $219,290.00.

It was moved by Council Member Lucke and seconded by Council Member Hafner 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 Member Hagness and seconded by Council Member Beyer that Council Member Babinchak be excused from voting on this matter. Carried 14 votes affirmative.

Upon call for the question, the motion carried 13 votes affirmative, Council Member Babinchak excused from voting on this matter.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7539 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Sewer Project No. 4519, District No. 381, Watermain Project No. 4520, District No. 252, and Sewer Project No. 4521, District No. 382, to Duckstad Contracting 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 motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, SEWER PROJECT NO.
4619, DISTRICT NO. 383

The city auditor presented and read tabulation of bids which had been received and opened on Monday, May 11, 1998 for Sewer Project No. 4619, District No. 383, sanitary sewer on North 55th Street from 10th to 12th Avenues North, indicating that Schipper Construction, Inc. was the low bidder based upon their bid in the amount of $20,550.00: Document No. 7540 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4619, District No. 383, in the amount of $26,100.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for various projects: Project No. 4619, District No. 383, sanitary sewer on North 55th Street (10th to 12th Avenues North), and recommended to accept the low bid of Schipper Construction in the amount of $20,550.00.

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. 7541 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Sewer Project No. 4619, District No. 383, to Schipper Construction, 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 motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, SEWER PROJECT NO.
4707, DISTRICT NO. 393

The city auditor presented and read tabulation of bids which had been received and opened on Monday, May 11, 1998 for Sewer Project No. 4707, District No. 393, storm sewer to serve new middle school on 47th Avenue South, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $274,423.00: Document No. 7542 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4707, District No. 393, in the amount of $369,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction
bids for various projects: Project No. 4707, District No. 393, storm sewer to serve new middle school on
47th Avenue South, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $274,423.00.

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. 7543 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Sewer Project No. 4707, District No. 393, 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 motion carried and the contract awarded.


APPROVE CHANGE ORDER NO. 1, PROJECT NO.
4439, SANITARY SEWER LIFT STATION #38 AND
FORCEMAIN

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Project No. 4439, Sanitary Sewer Lift Station #38 and forcemain, and recommended to approve change order with a deduct of $44,797.17.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT TO ALLOW INSTALLATION
OF STORM SEWER BY THE DEVELOPER

Committee No. 3, Public Service, reported having considered the matter of agreement with Mr. Crary, Mighty Acres, to amend agreement to allow storm sewer as part of the agreement, and recommended to amend agreement to allow installation of storm sewer by the developer.

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.

ACCEPT BID FOR PROJECT NO. 4756, PAVING
BELMONT ROAD AND 47TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of consideration of bids, Project No. 4756, paving Belmont road and 47th Avenue South, and recommended that we accept low bid of Strata Corporation in the amount of $229,720.40.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4746, PAVING
SOUTH COLUMBIA ROAD FROM 36TH AVENUE SOUTH
TO ULLAND PARK

Committee No. 3, Public Service, reported having considered the matter of consideration of bids, Project No. 4746, paving South Columbia Road from 36th avenue to Ulland Park, and recommended that we accept low bid of Strata Corporation in the amount of $417,572.44.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR PROJECT NO. 4684, PUMP STATION 33

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for Webster, Foster & Weston, Project No. 4684, Pump Station 33 (south of Wal-Mart), and recommended to authorize entering into agreement with Webster, Foster & Weston in an amount not to exceed $41,351.00, through bidding phase.

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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

RECEIVE AND FILE MATTER OF RECONSIDERATION
OF RECYCLING

Committee No. 3, Public Service, reported having considered the matter of recycling, and recommended to receive and file.

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

Council Member Hamerlik stated he had a concern about where City going with recycling since the flood. Todd Feland, asst. to director of public works, reported that the committee had asked that the City look into considering recycling and are doing a study, looking at consideration on collection of the process and would come back with truck specifications and marketing side of that to the committee. It was also reported that City will pick up where left off since flood and start expanding the recycling. It was reported that with the new side-load collection system coming, Mr. Newman, solid waste manager, had stated that city needs to lessen as much garbage as possible in addition with the new landfill.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE CHANGE ORDER NO. 5, PROJECT NO.
4440, SOUTHEND DRAINWAY PHASE 1A

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 5, Project No. 4440, Southend drainway, Phase 1A, and recommended to approve change order in the amount of $37,440.40.

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

Council Member Beyer reported that on the project when they went through 52nd, no landscaping has been done to put yards back in order. Engineering Department will look at that.

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 motion carried.

Mayor Owens acknowledged Barb Sterner, FEMA, who was in city during most of the flood recovery efforts, who was in attendance at the council meeting this evening, that Ms. Sterner came back to the city for the thank you celebration.

APPROVE FINAL PLAT OF REPLAT OF LOT H,
BLOCK 1, PERKINS 1ST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Perkins Land Company for final approval (fast track) of a Replat of Lot H, Block 1, Perkins 1st Addition to the city of Grand Forks, ND, being a Replat of Lot D, Block 1 of the Replat of Lot 6, Block 1, Perkins 1st Addition (located east of South 31st Street between 32nd Avenue South and 36th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX ALL OF PERKINS
4TH ADDITION LESS .51 ACRES PREVIOUSLY
ANNEXED BY ORDINANCE NO. 3582

The Planning and Zoning Commission reported having considered the matter of City policy and petition from Dan Stauss for approval to annex to the city of Grand Forks, ND all of Perkins 4th Addition less .51 acres previously annexed by Ordinance 3582, said addition of 40.10 acres less .51 acres previously annexed contains a net acreage of 39.59 acres, more or less, and recommended approval to annex, to introduce the ordinance and to set the date of the public hearing for June 1, 1998.

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

Council Member Hagness introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Perkins 4th Addition less .51 acres previously annexed by Ordinance 3582, said addition of 40.10 acres less .51 acres previously annexed contains a net acreage of 39.59 acres, more or less", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE REPLAT OF
COUNTRYSIDE SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Dennis and Barbara Hanson for preliminary approval of a Replat of Lot 11, Countryside Subdivision, Grand Forks County, North Dakota (located in the northeast corner of 32nd Avenue South and Prairie Road (2 3/4 miles west of I-29), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 15, 1998, and to approve a variance to the average minimum lot size from five acres to 2.5 acres.

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

Council Member Hagness introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Countryside Subdivision, Grand Forks County, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN COLUMBIA PARK SOUTH PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF COLUMBIA
PARK 21ST AND COLUMBIA PARK 25TH ADDITION, THE
NRLY. 300 FT. OF COLUMBIA PARK 24TH ADDITION AND
SRLY. 300 FT. OF NRLY. 340 FT. OF SOUTH HALF OF
NW QUARTER OF SECTION 21, T151N R50W OF 5TH P.M.

The City Planning and Zoning Commission reported having considered the matter of the request from Steven L. Adams on behalf of Art Greenberg, Jr. for preliminary approval of an ordinance to amend the Zoning Map to exclude from Columbia Park South PUD (Planned Unit Development) District, Concept Development Plan (formerly a portion of Columbia Park PUD, Concept Development Plan (Part B-2); Columbia Park 2nd PUD, Concept Development Plan and Columbia Park 3rd PUD, Concept Development Plan and to include within Columbia Park South PUD (Planned Unit Development) District, Concept Development Plan, Amendment No. 1, all of Columbia Park 21st and Columbia Park 25th Addition, the northerly 300 feet of Columbia Park 24th Addition and the southerly 300 feet of the northerly 340 feet of the South Half of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between 32nd Avenue South and one block south of 36th Avenue South and between South 20th Street and South Columbia Road), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for June 15, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 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 Columbia Park South PUD (Planned Unit Development) district, Concept Development Plan (formerly a portion of Columbia Park PUD, Concept Development Plan (Part B-2); Columbia Park 2nd PUD, Concept Development Plan and Columbia Park 3rd PUD, Concept Development Plan and to include within Columbia Park South PUD (Planned Unit Development) District, Concept Development Plan, Amendment No. 1, all of Columbia 21st and Columbia Park 25th Addition; the northerly 300 feet of Columbia Park 24th Addition and the southerly 300 feet of the northerly 340 feet of the South One-Half of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN SOUTHERN ESTATES PUD, CONCEPT
DEVELOPMENT PLAN, SOUTH ONE-HALF OF NW QUARTER,
SW QUARTER AND WEST ONE-HALF OF SE QUARTER OF
SECTION 21, T151N, R50W OF THE 5TH P.M.

The City Planning and Zoning Commission reported having considered the matter of the request from Steven L. Adams on behalf of Gornowicz, Useldinger and Greenberg for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within Southern Estates PUD (Planned Unit Development) District, Concept Development Plan, the South Half of the Northwest Quarter, the Southwest Quarter and the West Half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 16th Street and South Columbia Road and between 36th Avenue South and 47th Avenue South), and recommended approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for June 15, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 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 Southern Estates PUD (Planned Unit Development), Concept Development Plan, the South One-Half of the Northwest Quarter, the Southwest Quarter and the West One-Half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF ORDINANCE TO
AMEND ZONING MAP TO INCLUDE WITHIN KANNOWSKI
PUD, CONCEPT DEVELOPMENT PLAN, ALL OF SECTION
28, T151N OF R50W OF 5TH P.M., LESS NE QUARTER
OF NE QUARTER THEREOF

The City Planning and Zoning Commission reported having considered the matter of the request from John Staley on behalf of the Grand Forks Park District 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 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 (located between South Washington Street and South Columbia Road and between 47th Avenue South and 62nd Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for June 1, 1998. (Ordinance introduced on May 4, 1998)

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

APPROVE PRELIMINARY PLAT OF REPLAT OF BLOCK
2, BIRKHOLZ'S 5TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for preliminary approval of a Replat of Block 2, Birkholz's 5th Addition to the city of Grand Forks, North Dakota (located in the southwest corner of 24th Avenue South and South 40th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT OF REPLAT OF BLOCK
4, BIRKHOLZ'S 5TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for preliminary approval of a Replat of Block 4, Birkholz's 5th Addition to the city of Grand forks, North Dakota (located midway between 24th Avenue South and 29th Avenue South and between South 39th Street and South 40th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF SERVICE 2ND SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of John Campbell for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) district all of Service 2nd Subdivision to the city of Grand Forks, North Dakota (located south of the intersection of 27th Avenue North and North 30th Street), and recommended preliminary approval of the ordinance, to introduce the ordinance and to set the date of the public hearing for June 15, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 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-1 (Limited Development) district and to include within the I-2 (Heavy Industrial) District, all of Service 2nd Subdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.


INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT ALL OF LOT 9, BLOCK 2, SUNNY NODAK
FARMS ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Lon Brorson on behalf of New Vision Fiberglass, Inc. for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agri-cultural Reserve) District and to include within the B-3 (General Business) District all of Lot 9, Block 2, Sunny Nodak Farms Addition, Grand Forks, North Dakota (located in the southwest corner of the intersection of Gateway Drive (U.S. Highway No. 2 West) and North 62nd Street, and recommended preliminary approval of the ordinance, to introduce the ordinance and to set the date of the public hearing for June 15, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 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, all of Lot 9, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DENY REQUEST FROM NEW VISION FIBERGLASS TO
ANNEX PROPERTY BEING REZONED AND DEVELOPED
PROPERTY ADJ. THERETO AND SPECIFICALLY AS IT
RELATES TO REQUEST TO REZONE LOT 9, BLOCK 2,
SUNNY NODAK FARMS FOR EXPANSION OF
NEW VISION FIBERGLASS, INC.

The Planning and Zoning Commission reported having considered the matter of City policy, City Code and request from New Vision Fiberglass to annex property being rezoned and to annex developed property adjacent thereto and specifically as it relates to the request to rezone Lot 9, Block 2, Sunny Nodak Farms for the expansion of New Vision Fiberglass, Inc. (located at the intersection of Gateway Drive [U.S. Highway No. 2 West] and North 62nd Street), and recommended denial of the request to annex.

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

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

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Hampton Corporation for preliminary approval of a Replat of Lots 1, 2 and 3, Block 2, Perkins Fourth Addition to the city of Grand Forks, North Dakota, including a variance to the access restrictions on collector streets (located south of 36th Avenue South between South 31st Street and South 34th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 15, 1998.

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

Council Member Hagness reported that at the Planning Commission meeting a recommendation had been approved to amend the plat to convert the two proposed cul-de-sacs to a court, however, after talking with developer he moved an amendment to include the cul-de-sacs as they work with this design. Council Member Polovitz seconded the motion. Carried 14 votes affirmative.

Upon call for the question, as amended, and upon voice vote, the motion carried 14 votes affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Perkins Fourth Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AD DEDICATED ON THE PLAT OF SERVICE 2ND
SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of John Campbell for preliminary approval of a plat of Service 2nd Subdivision to the city of Grand Forks, North Dakota, being a portion of the North Half of the North Half of Section 32, Town-ship 152 North of Range 50 West of the 5th Principal Meridian (located south of the intersection of 27th Avenue North and North 30th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 15, 1998.

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

Council Member Babinchak reported that included in Planning Commission minutes approval of this item is being recommended subject to rezoning and annexation of the property, however, under the next agenda item the annexation is being denied. Mr. LeClerc of the Planning Office reported that should have been deleted.

It was moved by Council Member Hagness and seconded by Council Member Babinchak to approve deletion of "annexation" under 9 of special conditions to the review copy. Carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 14 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 Service 2nd Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DENY REQUEST TO ANNEX ALL OF SERVICE 2ND
SUBDIVISION, ALL OF McCONNELL SUBDIVISION
AND PART OF WALSH'S INDUSTRIAL SITE NO. 1

The Planning and Zoning Commission reported having considered the matter of City policy, City Code and petition from John Campbell for approval to annex to the city of Grand Forks, North Dakota, all of Service 2nd Subdivision, all of McConnell Subdivision and the southerly 157 feet of Lots 10, 11 and 12, Block 1, Walsh's industrial Site No. 1, Grand Forks, ND (located north and south of 27th Avenue North between North Washington Street and North 30th Street), and recommended denial of the request to annex at this time but to consider annexation of the property at such time as the surrounding properties along Highway 81 North are reconsidered for annexation in 1999.

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

Council Member Babinchak reported that in the Planning minutes that Mr. Drees stated that it is understood that the 81 North area will only be studied for annexation in 1999 and that was the agreement that was made in 1994 and under denial for annexation it was for reconsideration; and stated that she would like the minutes to show that this was to be studied in 1999.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

APPROVE FLOOD RECOVERY STAFFING NEEDS

The Flood Response Committee reported having considered the matter of flood recovery staffing needs, and recommended approval to hire one cable locator for the summer to last up to six months at $9-11/hour.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter 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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR MOWING AND MAINTENANCE OF
BOUGHT-OUT PROPERTIES

The Flood Response Committee reported having considered the matter of mowing and maintenance of bought-out properties, and recommended acceptance of bids as follows: Riverside ($1595 - Dakota Maintenance); Central Park ($435 - Dakota Maintenance; Riverbank ($750 - Pete Marciniak); Koinonia area ($690 - Roger Holien), all "per time" bids.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter 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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT AMENDMENT A TO PHASE III VOLUNTARY
ACQUISITION OF RESIDENCES RE. OIL-DAMAGED
PROPERTIES

The Flood Response Committee reported having considered the matter of oil-damaged properties, and recommended to adopt Amendment A to Phase III (to address issue of houses within the city that have dangerous amounts of fuel oil hydrocarbs from spills as a direct result of the spring flooding of 1997).

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

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

The Flood Response Committee reported having considered the matter of change order and recommended approval of a change order for lift station restoration project at the city auditorium ($946 for adjusting the alarms).

Committee No. 3, Public Service, reported having considered the matter of Change Order #5 for Project No. 4654, Lift Station Restoration, and recommended to approve change order in the amount of $946.00.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that these recommendations be and are 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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ALLOCATION OF CDBG FUNDING FOR
PRIORITY REPAIRS IN STORM SEWERS

The Flood Response Committee reported having considered the matter of request to allocate $100,000 in CDBG funds to be used for priority repairs in storm sewers, and recommended to authorize moving $100,000 in CDBG funds from the proposed category to the approved category in the cost matrix to be used for priority repairs in storm sewers.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that these recommendations be and are 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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CONSTRUCTION DOCUMENTS FOR FOUR
BID PACKAGES FOR CORPORATE CENTER

The Flood Response Committee reported having considered the matter of request from M.A. Mortenson for approval of construction documents for first four bid packages for the corporate center, and recommended to approve the construction documents for the first four bid packages for the corporate center.
It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AWARD BIDS FOR RESIDENTIAL DEMOLITION
PROGRAM

The Flood Response Committee reported having considered the matter of request from M.A. Mortenson for the award of Bid Packages #6 and #7 for the residential demolition program, and recommended to approve residential demolition Bid Package #6 in the amount of $64,345 to R.J. Zavoral and residential demolition Bid Pack-age #7 in the amount of $94,625 also to R.J. Zavoral.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter 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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR DEMOLITION OF
SIMMONS ADVERTISING BUILDING

The Flood Response Committee reported having considered the matter of request from M.A. Mortenson for a change order request for Robinson Excavating, and recommended to approve the change order to Robinson Excavating for the Simmons Advertising building to change the backfill for structural fill material to a cohesive fill material, which is a deduct of $14,060, and to add the demolition of paving, curbs and sidewalks at the existing parking lot area which is an addition of $9,740, for an adjusted contract amount of -$4,320 (deduct).

It was moved by Council Member Polovitz and seconded by Council Member Carpenter 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 - 14; voting "nay": none. Mayor Owens declared the motion carried.

READOPT HOME MOVING POLICY

The Flood Response Committee reported having considered the matter of Home Moving Policy, and recommended to readopt this program and to request the city attorney to bring any changes he has to be adopted by amendment at the next council meeting.

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

Council Member Hagness reported that this matter had gone back to Flood Response Committee for final review in language and was presented to the committee and in the Program Description, in third and fourth sentences was voted out at the last council meeting and need to delete again, and it says that "..the mortgage in the amount of the grant will be placed upon the home for five years with 20% of the total grant value forgiven each year until the mortgage is satisfied. If the homeowner sells the home within five years or if the homeowner is not the owner/ occupant of the home for five years, the pro-rated balance of the unsatisfied mortgage must be repaid to the City." and that was taken out because we're forcing these people from their homes and they are moving their homes to another location within the city, and would like to remove that again. Council Member Hagness moved an amendment to the policy; Council Member Beyer seconded the amendment.

Council Member Glassheim questioned whether they would run the risk of having a significant windfall if City pays them to move their house and have their house fully redone, put on a new lot and perhaps not live in but speculate and sell for profit, stated that wording put in for a reason, that becomes speculation property. Council Member Beyer stated that if City not forcing them out of their homes for the dike line, they could do with what they wanted with that property, and now if move their home rather than money offered to them, it's still their property, and five years is very long time, someone's life can change in that length of time.

Mr. Swanson reported that the discussion has generally related to the levee alignment, and the way the policy is written is not dependent upon the levee alignment, any structure which would be in Phase I, IA, II or IV are eligible for this program provided they are not otherwise participating in voluntary acquisition program. It would stand to reason that the most likely candidate is the home that may be affected by the levee alignment but is not by definition required.

After further discussion and upon call for the question on the amendment, the motion carried 14 votes affirmative.

Upon call for the question, as amended, and upon voice vote, the motion carried 14 votes affirmative.

CHANGE MEETING DATE FOR FLOOD RESPONSE
COMMITTEE MEETINGS

The Flood Response Committee reported having considered the matter of continuation of weekly flood response committee meetings, and recommended moving to meet on Wednesdays, second and fourth weeks, or in a five-week month, second and last) at 4:00 p.m.

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

It was noted that Urban Development Committee will change their meetings from 4:00 p.m. to 12:00 noon on Wednesdays.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

MATTER OF COMMERCIAL REHAB APPLICATIONS

The Flood Response Committee reported having considered he matter of Commercial Rehab applications, and recommended that Zone 3's balance of $50,043 be allocated to Zone 1; that the Zone 2 allocation stay at $500,000 and the excess amount of $9,664 be deducted from the last application received for that zone; and that the Zone 1 reserves be eliminated and the allocated amount of $3 million plus the $50,043 from Zone 3 be used to fund applications in a first come, first served order based on the application rating determined at the special DDC meeting on April 28, 1998 (that the applications before the Committee be approved in the amounts allocated).

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

Council Member Hafner reported that when they originally set up the downtown structure that City's goal was to rehabilitate an area zoned of downtown and in doing that would help businesses to build in certain areas and along the way intentions have been changed and expanded it to a certain extent in some areas but core of whole downtown was the 4th and DeMers area and had set aside monies for that area, and in this process moving monies out and away from the core of the downtown, and thinking making a mistake here and have interpreted this to mean that they were going to help individual businesses become rehabbed and our intentions are to get the downtown back to becoming viable, if our intentions were to rehab businesses individually they should have applied the grant rehab all over town and not just downtown. He stated he wasn't sure how to solve this as they have list of grants that are going to be approved tonight and which includes spending that money, but maybe send back to committee.

Council Member Beyer stated if it's not written in the policy, the gist of conversations at DDC have included some individuals stating that City doesn't adhere to the policy as drafted, they will see us in court; that they drafted policy and had to follow, that policy may have intended that but didn't spell that out and that DDC was given mission to allocate this funding by the policy that was adopted by the council, and policy adopted by the council said it had to be a building that was owned by somebody with intent to lease. She stated they all want to see that corner developed, that there is an owner of the First National Bank property but no intent to lease, so parts missing and that the policy of the grant rehabilitation money was first come/first served.

Council Member Hafner stated he was concerned that the intentions of the City were to develop the core area.

Council Member Carpenter stated that this council did reserve the funds and that's modification of the policy that they did dedicate funds for certain corners and are still doing that through the mall and for the Opera House and this is an extremely important corner and as of 5:30 today it has been sold to a third party and they do have an intent to lease the First National Bank building.

Mike Maidenberg, Grand Forks Herald, stated they were looking at the three zones and mall zone as areas in which to apply the commercial rehab money and their feeling was that after talking with all the applicants for the rehab money they would have a very powerful way of aiding downtown by injecting or making these commercial grants available to nineteen businesses and that this was the proper way in which to go forward with this in order to create the maximum amount of good. He stated that at the same time they recognize that 4th and DeMers and 3rd and DeMers are both extremely important corners, that there is additional money in the matrix, $2.8 million) still remains which could be applied to either of these developments once the total development comes forward. He stated that the amount of reserves that asked to be deferred was $480,000 total and would strongly urge that this not be thrown back to DDC and that all the businesses which have now up to this point begun to feel that there's light at the end of the tunnel that now shutting the door on them again. He stated that 4th and DeMers and those two undeveloped corners and 3rd and DeMers can be handled quite adequately within the other funds that are available to DDC within the matrix and would appreciate moving forward with what have done so far.

Council Member Hafner asked what the intentions were of the $2.8 million, believed for infrastructure needs for downtown; Council Member Carpenter stated it was for the general improvements downtown, like town square, beacon, etc. and if taking money away from that, are they going to do away with some of those items or get requests to fund in some other manner, and suggested that perhaps this should go back for further debate, perhaps to Flood Response.

Mr. Maidenberg stated that this is possible but also possible that there's a million dollars in the mall zone that some of that could handle, that's where the town square would be as well. He stated they worked on this for a long time and had many meetings about this and need to move forward with grants moving into the individual properties knowing that they had some additional resources for the other two corners, none of beacons, town square, has been laid out to the extent that they know right now, whereas these other issues are front and center, know that they are real and can be funded, and that these were requests at hand, the people who had come forward immediately and some had made investments already and thought it was the fairest policy was to go ahead and made the dollars available to them under this program.

Council Member Hamerlik stated that he has had several contacts with one business person who was not in one of the designated areas, who refurbished everything and has been turned down several times for assistance in rehabbing, now sees that they are out of that area, and are they going to go back and pick up some of these people who had applied for assistance several months ago and consistently were turned down, and what happens to those people in the downtown vicinity and across the street from one of the zones and dealt out. Council Member Hafner stated that the whole intent of the issue was to provide assistance within the zone to get the downtown going and has no objection to doing this if can be assured that when the time comes for 4th and DeMers or 3rd and DeMers that there's money available.

Council Member Glassheim asked council to approve the list that has come to you and if were to return to the reserve policy, which he originally favored, would have potential legal consequences, would have additional delays of several weeks, some of these people have been put on hold a long time and this was supposed to be done a couple months ago and they waited while we got our policy straight and clarified which zone where and when it would end, etc. and talking about $400,000 on reserve and talking 6 to 10 businesses that now believe they are going to get something and if go back to the reserve policy, they would not get something but would have to be cut off.

Council Member Beach stated this has been a difficult process, the people on the DDC didn't ask for this project, was assigned to them and if send back now it will produce pure chaos, that some funds have been disbursed and been put to use, and would be serious mistake to tamper with this now and urged passage as it is before council tonight.

Mayor Owens stated that she is a member of the DDC and would highly recommend that we move forward with this, are going to have a lot of issues that aren't going to look too fair but if rebuild downtown can't put these people back on hold because that a detriment, and believe for benefit of city need to move forward.

Mr. Swanson stated he was going to request that the council pass an amendment with respect to the properties being acted upon and request that the following properties be held for further consideration in the application, in particular by his office and urban development office and those addresses are: 9 North 3rd Street, 414 DeMers Avenue, 100 North 3rd Street (two locations there), 414 1/2 DeMers Avenue, 106 North 3rd Street, and 307 DeMers Avenue; and would like council to hold action on those in order that they can complete more further review or detailed review of the application.

It was moved by Council Member Hafner and seconded by Council Member Klave to hold action for following properties to accomplish more detailed review of the properties: 9 North 3rd Street, 414 DeMers Avenue, 100 North 3rd Street (two locations), 414 1/2 DeMers Avenue, 106 North 3rd Street and 307 DeMers Avenue. Carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 14 votes affirmative.

APPROVE WAGE NEGOTIATIONS COMMITTEE

Council Member Carpenter reported that the recommendation of the Framework Committee was that the Budget Framework Committee serve as Wage Negotiation Committee. Mayor Owens reported that the Wage Negotiation Committee would be the four committee chairs.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary dated May 18, 1998, and totaling $347,013.65 for regular estimates, was presented and read.

It was moved by Council Member Hagness 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE IN EVENTS CENTER CORE
COMMITTEE

The Events Center Core Committee reported having considered the matter of committee membership, and recommended that the Mayor appoint Dennis Potter, the new City Planning Director, in place of Ray LeClerc as a non-voting member of the Events Center Core Committee.

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

AUTHORIZE PROCEEDING WITH GEOTHERMAL STUDY
FOR EVENTS CENTER

The Events Center Core Committee reported having considered he matter of geothermal system, and recommended that we go ahead with a geothermal study with a not to exceed cost of $50,000.

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

Ken Vein, city engineer, reported that the design of the Aurora with the new design team is taking place at fairly rapid pace and design development plans will be ready by the end of June and anything that we do now needs to be considered very quickly or the impacts will be fairly long term and ultimately will affect the opening date of the facility. He stated that the entire project team met at a team-building project early last week and discussed this very thoroughly re. pros and cons of looking at geothermal but all determined that geothermal was a worthwhile process to consider for the Aurora; but in order to endorse it, it did need to have further study, and that further study was going to take considerable amount of time. He stated it would be done as an amendment to the existing contract with our current design team, but the cost to do that would be around $50,000. He stated they have had some new developments and when Ottertail came to the table and offered a potential to put together a financing package for this type of heating and ventilation air-conditioning system, brought some new merit to it; a study was completed by the geotechnical consortium, there were some concerns about that study and in order for us to proceed, made a recommendation that could and should be a system that we would incorporate into this structure and recommended further study. He stated that is the recommendation, that if we are going to consider geothermal, and there are some benefits that we've concluded with geothermal, that this study must take place. He stated this is the recommendation; and Lynn Witt is here who worked on much of the negotiations and if have any specific questions he will be available to answer them. He stated that it would not be complete until the middle of July, and we will be into construction documents at that time and no matter when do it now, it'll cause us to go back into the design to some degree, the longer go with it the more impact it would have on the project, therefore, would like to see some type of decision be made on this right away. He reported that Ottertail came forward, were still continuing some negotiations with them but they would look at financing the entire cost or portion of the cost of the geothermal, which would free up some funds that would then have available for construction.

Council Member Beyer stated that the numbers they have received on economies, etc., that there is no events center anywhere that has geothermal, and not substantiated numbers, and will cost be able to substantiate those numbers. Mr. Vein stated they have concerns about substantiating the numbers, if applicable for this type of operation, need to clarify that it can and will work and that's what would do with the study, would review all criteria that was used on the earlier study that was performed, look at operating characteristics of this facility specifically and try to come forward with a recommendation; no guarantee going to be beneficial but until do a study like this cannot be sure and feel that we need to be working with them, and would work very closely with them in trying to go forward with this type of study.

Council Member Beyer asked what scope of the study was. Lynn Witt stated that as they described to the Core Committee today, this is a multi-faceted study because you are extrapolating a technology that there are no comparables for, that they have looked and neither the consortium or anybody else has something that you've extrapolated the technology to this type of building; it involves looking at the rate structure, the usage in terms of the heating, cooling, load depending upon the types of events, includes looking at a system so that the design team is sure that if we have geothermal design, we have level of confidence that if you build it, you will get the heating, cooling and ventilating that you need for this facility, so by the time finish the study, not only have generated the numbers, that you look at life cycle analysis and cost of operation but also have completed the schematic design for a geothermal system that your design team thinks is comparable and could be used in this facility, that it has to be done in parallel with the on-going design and that design will be done by the end of June; if the option is chosen not to go with the geothermal based upon this analysis your design process continues right into construction documents, if not, in fact lose some of that design effort as you try to catch up with design development and go into construction documents with a geothermal power plant. Mr. Witt stated this also gives them an opportunity to evaluate, not only costs side by side, but also to look at the schedule impact, so when get recommendation it will accommodate both cost side and schedule side, so have true choice in terms if go with system that is conventionally designed as on-going right now and/or go to the geothermal.

Council Member Hagness stated two reasons for going with this now, is probably have savings either way, that if stay with the present system could have some more competitive bidding for the type of energy that we use, other reason is that we don't want to design it a third time.

Council Member Babinchak asked that if the motion to do study passes, they also will be doing that in
conjunction with the consortium so both have the same information. Mr. Witt stated they would use the same information in making their analysis and they can look at data they'll supply, rates for energy usage, etc. so they are dealing with the same data. He stated there could be some variation but in a zone that have level of confidence that talking about the same thing and the same numbers. Council Member Babinchak asked if the consortium will also be making a design; Mr. Witt stated they would provide consortium with all of the numbers that they have so that they can look at design just the same as the original proposal.

Council Member Beyer reiterated that for $50,000 the scope for the geotechnical study will include rate structure, different load usages, design schematics, life cycle analysis, schedule impact.

Council Member Klave asked if they would give us on design schematics a cush level; Mr. Witt stated they would use normal conservative factors as in designing any other facility, design for what you think your known loads are, but come in increments of those loads and go over that load in order to make sure you had capacity. Council Member Hafner stated that we are proving to ourselves that geotechnical is a good heating and cooling system, and believes you don't need to do that, has confidence in this technology, thinks it's done in large buildings many places and from what he understands, the larger the building the better it works, but hasn't been proven in this kind of large space, and there are some issues that are questioned, and think it's fine that we do that but probably best $50,000 will ever spend on the Aurora.

Council Member Beach reported that the committee and design team have spent a lot of time discussing this, both here and with the architectural staff in Minneapolis, and that there is still no comparable facility that has been found that would resemble the facility that they hope the Aurora becomes; there is nothing that compares with the Aurora in size in this climate. It was noted at the meeting that there might be a comparable facility in the Netherlands, but their climate is not as severe as our winter climate, even if have study, the study itself will not guarantee performance, will be a theoretical exercise, will not be based upon any examples of past usage of any existing examples of this type of heating system in such a facility. He stated he wants to be broadminded on this, however, he has not been convinced that even the study would prove to us that this would work; that studies don't always come in when expect them to, and at this point need every construction month that we can get. He stated they can't afford to be wrong on this, that we have a project that has had a lot of controversy attached to it from the beginning (have survived two public votes), and wants to stick with the proven technology and asked that the council defeat the motion.

Council Member Hamerlik asked if they would find out for sure through the study the depth of the wells. Mr. Witt stated that factor as well as the influence on the parking structure in the parking lots would have to be addressed in order to look at the overall front end costs of a geothermal system, there is one well west of here that's 400 ft. and generally those wells 125 ft. to 150 ft. because below that hit a glacial heavy sand layer and that's generally what has been used in the area, and will look at both of those aspects because they both affect the front end cost. Council Member Beyer asked if they would do a test drill, and Mr. Witt stated that was not a part of the $50,000 study. Council Member Hafner stated that the benefits to be realized here are far greater than the risks, so if spend $50,000 to study this, what they have is engineering problems to overcome and find out how much they cost, that's the risk.

Mr. Jay Haley, EERC, stated that the risk in terms of the drillers is that the risk is borne by the driller, they give you a fixed price, and you tell them you want x number of holes; risk, that there's never been another Aurora type structure done with geothermal yet, but there are a number of buildings all over the country including Canada, that are much larger than the Aurora in terms of total tons of heating and cooling.

Chuck Crummy, 611 19th Avenue South, stated that he followed geothermal for the last eight years, geothermal is definitely a proven technology throughout the United States, over 250,000 different installations, probably not arenas this size; that it's not a system that is dependent on hot or cold outside; and thinks they need to move forward and be a little more visionary in this city and look at geothermal. He stated he thinks they have the opportunity to use a system that is not a system of the future but a system of the present, and thinks geothermal is a risk worth taking.

Mr. Vein reported that as a part of their design team, there are mechanical contractors who have installed geothermal but have done in smaller installations, who see the practicality of trying to make this come to being and need to have more study because there are still questions. He stated that this facility as our operations consultants have said, operate much different than a lot of other facilities, there are different operating characters that need to be verified and validated and that's what would look at as a part of this study; that it's not that it can't be done, but do not like the risk that's involved because creature comfort very important when running arena like this and need to make sure that have a system for this type of installation that feel comfortable with, and that's reason have asked whether consider geothermal and study it thoroughly.

Council Member Hagness called for the question on the motion.

Upon roll call the following voted "aye": Council Members Lucke, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": Council Members Beach, Polovitz, Hamerlik - 3. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL
Various items were presented to the city council for their information and/or consideration.

1) Council Member Sande presented matter of new curbs installed on east side of Chestnut Street between 15th and 18th Avenues South and should be replaced properly, and the matter was referred to the engineering department.
2) Council Member Hagness presented the matter of space between trailer homes that was reduced and need to reconsider that, that this will be discussed again and refer to Planning and Zoning Commission to start with. It was also noted that at the time the space reduced, residents were not aware of that.
3) Council Member Beyer reported there is an abandoned house at the end of 49th Ave.S. that should be secured. Mr. Swanson reported that the property owner is an elderly woman who has left area and has accepted the Phase IV offer, that they anticipate closing in the near future and doesn't anticipate any problem gaining access to secure building. The matter was referred to the engineering dept.
4) Council Member Polovitz reported that on the 2400 block of Gateway there's a lot for sale that has some semi-trailers parked on it, several vehicles that are for sale, dirt mounded, junkyard. The matter was referred to the inspection department.
5) Council Member Hamerlik reported on condition of windows in walkway underpass by Wilder School (reek of flood), and that's City's responsibility and need to be looked at.

Mayor Owens reported on their trip to Washington, D.C., which included business, University of North Dakota, four governmental entities and labor, and that everyone in Washington was amazed that there was a community that would come and thank them. She stated it was impressive for a small country mayor, two council people and three staff members who she is extremely proud of to be requested to meet with Newt Gingrich; that they had chance to visit the White House, tour Oval Office and Vice President's office. She reported that they also visited Salvation Army.

ADJOURN

It was moved by Council Member Sande and seconded by Council Member Bouley that we do now adjourn. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_____________________________________
Patricia A. Owens, Mayor